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TC Packet 03-22-2016 (1) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 22, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 1 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) REGULAR MEETING BEGINS AT 5:05 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PRESENTATION OF A PROCLAMATION FOR ONE BOOK ONE VALLEY (MAYOR JENNIE FANCHER) 5. PRESENTATION OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING (CAFR) TO ASSISTANT TOWN MANAGER SCOTT WRIGHT AND FINANCE MANAGER VALERIE BARRY ON BEHALF OF THE FINANCE DEPARTMENT (MAYOR JENNIE FANCHER) 6. ACTION ITEMS 6.1. REVIEW AND ACTION ON RESOLUTION 16-09 IN SUPPORT OF EAGLE RIVER FIRE PROTECTION DISTRICT BALLOT QUESTION A (MAYOR JENNIE FANCHER) 6.2. MOTION TO CONTINUE THE PUBLIC HEARING FOR THE SECOND READING OF ORDINANCE NO. 15-11, AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TABLE 7.16-1 AND SECTION 7.16.060(H)(1) CONCERNING AMENDMENTS TO WILDRIDGE PUD APPLICATIONS (PLANNING DIRECTOR MATT PIELSTICKER) 6.3.MOUNTAIN STAR WATER TANK 6.3.1. PUBLIC HEARING ON RESOLUTION 16-06, A RESOLUTION ADOPTING FINDINGS THAT THE MOUNTAIN STAR TANK PROPERTY ANNEXATION PETITION IS ELIGIBLE FOR ANNEXATION (TOWN ATTORNEY ERIC HEIL) 6.3.2. FIRST READING OF ORDINANCE 16-04, AN ORDINANCE APPROVING THE ANNEXATION OF THE MOUNTAIN STAR TANK PROPERTY (TOWN ATTORNEY ERIC HEIL) 6.3.3. FIRST READING OF ORDINANCE 16-05, AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND THE ZONING OF THE MOUNTAIN STAR TANK PROPERTY IN THE PUBLIC FACILITIES ZONE DISTRICT (TOWN ATTORNEY ERIC HEIL) 6.3.4. REVIEW AND ACTION ON THE 2016 CAPITAL PROJECT IMPLEMENTATION AGREEMENT BETWEEN THE UPPER REGIONAL WATER AUTHORITY, THE MOUNTAIN STAR ASSOCIATION AND THE TOWN OF AVON SPECIFICALLY CONCERNING THE CONSTRUCTION OF A NEW 270,000 GALLON POTABLE WATER STORAGE AND DELIVERY TANK (TOWN ATTORNEY ERIC HEIL) 6.4 FIRST READING OF ORDINANCE 16-03, 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 RENEWABLE ENERGY COMPONENTS (TOWN ENGINEER JUSTIN HILDRETH) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 22, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 6.5 FIRST READING OF ORDINANCE 16-06, APPROVING A PURCHASE AND SALE AGREEMENT OF THE PHASE 1B OFFICE BUILDING, MOUNTAIN VISTA RESORT SUBDIVISION (TOWN ATTORNEY ERIC HEIL) 6.6 CONSENT AGENDA 6.6.1 RESOLUTION 16-07 APPROVING EASEMENTS FOR THE METCALF BIKE CLIMBING LANE CONSTRUCTION PROJECT (TOWN ATTORNEY ERIC HEIL) 6.6.2 MINUTES FROM MARCH 8, 2016 MEETING (TOWN CLERK DEBBIE HOPPE) 7. WORK SESSION 7.1. REVIEW AND DIRECTION IN REGARDS TO ALLOWING ONE OR MORE FOOD TRUCKS TO OPERATE ON TOWN PROPERTY AND RIGHT-OF-WAYS; AND, TO ALLOW ONE OR MORE MOBILE VENDOR CARTS TO OPERATE AT NOTTINGHAM PARK AT DESIGNATED LOCATIONS (FESTIVAL AND SPECIAL EVENTS DIRECTOR DANITA DEMPSEY) 7.2. REVIEW AND ACTION ON A REQUEST TO SET A DATE FOR A TOWN CLEAN-UP DAY ON MAY 14TH AND FUNDING OF $3,500 (COUNCILORS MEGAN BURCH AND SARAH SMITH HYMES) 8. WRITTEN REPORTS 8.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9.1. COLORADO ASSOCIATION OF SKI TOWNS (MAYOR JENNIE FANCHER) 10. MAYOR & COUNCIL COMMENTS 11. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 22, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 3 CALL TO ORDER AND ROLL CALL 1. APPROVAL OF AGENDA 2. PUBLIC COMMENT 3. PUBLIC HEARING SPECIAL EVENTS PERMIT 3.1. APPLICANT NAME: BEAVER CREEK RESORT COMPANY OF COLORADO EVENT NAME: BEAVER CREEK RODEO SERIES EVENT DATES: JUNE 23, 30, JULY 7, 14, 28, AUGUST 4 & 11, 2016; 4 PM UNTIL 10 PM LOCATION: TRAER CREEK LOT 1 EVENT MANAGER: ANNA ROBINSON PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 4. MINUTES FROM MARCH 8, 2016 5. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MARCH 8, 2016 AVON TOWN HALL, ONE LAKE STREET LA 3-08-2016 Minutes Page 1 1. CALL TO ORDER AND ROLL CALL Start Time 00:02 Chairman Fancher called the meeting to order at 5:02 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Megan Burch, Buz Reynolds, Jake Wolf. Matt Gennet 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, Town Engineer Justin Hildreth, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT Start Time 01:00 4.1. Applicant Name: Bright Future Foundation Event Name: Après Avon Spring Concerts Event Dates: March 18 & 25, 2016; 12:00 p.m. until 10:00 p.m. Location: Main Street Mall and Possibility Plaza Event Manager: Casey Angel The application was presented with no concerns. Chairman Fancher opened the public hearing and no comments were made. Vice Chairman Wolf moved to approve the Special Event Permit for the Après Avon Spring Concert; Board member Reynolds seconded the motion and it passes unanimously by those present. Board member Gennett was absent. 5. MINUTES FROM FEBRUARY 9, 2016 Start time 02:59 Vice Chairman Wolf moved to approve the Minutes from February 9, 2016; Board member Prince seconded the motion and it passed unanimously by those present. Board member Gennett was absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MARCH 8, 2016 AVON TOWN HALL, ONE LAKE STREET LA 3-08-2016 Minutes Page 2 6. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:05 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 ______________________________________ OFFICIAL PROCLAMATION ONE BOOK, ONE VALLEY, 2016 A Valley-wide reading program sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail WHEREAS, community-read programs have united and uplifted hundreds of cities and principalities throughout the United States of America; and, WHEREAS, the book “We Are Called to Rise” by Laura McBride (writer, community college teacher and graduate of Yale who resides in Las Vegas, NV) is McBride’s first novel and was partially completed during her residency at Yaddo; and, WHEREAS, this Eagle Valley community read will feature book talks & discussions, film showings, special related programs such as a writing workshop, art programs, letter writing class and stress management seminar hosted by the partnering organizations, and a special guest appearance by the author; and, WHEREAS, the Vail Public Library, in collaboration with the Eagle Valley Library District, Colorado Mountain College, and the Bookworm of Edwards have resolved to bring this valley-wide reading program to the citizens of Eagle County; and, WHEREAS, the One Book, One Valley initiative will encourage literacy and shared enjoyment of reading throughout Eagle County, NOW, THEREFORE, we, Kim Langmaid, Council Member, Town of Vail; Jennie Fancher, Mayor, Town of Avon; George Brodin, Mayor Pro Tem, Town of Minturn; Kevin Brubeck, Trustee, Town of Eagle; Geoff Grimmer, Trustee, Town of Eagle; Anuschka Bales, Mayor Pro Tem, Town of Red Cliff; Kathy Chandler-Henry, Eagle County Commissioner; Jeanne McQueeney, Eagle County Commissioner, do hereby promote the One Book, One Valley initiative and officially announce and promote the novel “We Are Called to Rise” to all Eagle County residents for their enjoyment and the enjoyment of all. RESOLUTION 16-09 IN SUPPORT OF EAGLE RIVER FIRE PROTECTION DISTRICT BALLOT QUESTION A WHEREAS, the elected Board of Directors of Eagle River Fire Protection District has referred a ballot question to the voters in their District which seeks to generate funds for needed capital improvement projects through the issuance of voter-authorized municipal bonds; WHEREAS, Eagle River Fire Protection District provides fire protection to Eagle County communities from Tennessee Pass to Wolcott, serving as the largest fire protection agency in Eagle County; WHEREAS, the construction of a new fire station in Edwards and a joint public safety facility in Avon, to be utilized by Eagle River Fire Protection District and Avon Police, would greatly improve the District’s response times and allow for better strategic positioning of critical apparatus; WHEREAS, creation of a training facility in Minturn would allow Eagle River Fire Protection District personnel and equipment to remain within the District while conducting necessary training, so the staff can remain available to respond to calls; WHEREAS, the Board of Directors of the Eagle River Fire Protection District has chosen to put on the May 3, 2016 Special District General Election Ballot a proposal to fund the construction of these important public safety facilities; WHEREAS, the Avon Town Council recognizes the essential contributions of the Eagle River Fire Protection District to our community’s public safety and protection of property and the enhanced emergency protection offered by the construction of these important public safety facilities; WHEREAS, the Avon Town Council believes it to be in the best interest of the citizens of the Town of Avon and in the Eagle River Fire Protection District to support this ballot proposal, numbered A, and urge voters to cast an affirmative YES vote on Ballot Question A; and WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local governments to pass a resolution taking a position of advocacy and reporting the passage and of and distributing the resolution through established and customary means by C.R.S. §1-45- 117(1)(b)(III). NOW THEREFORE, the Avon Town Council, hereby RESOLVES TO SUPPORT THE EAGLE RIVER FIRE PROTECTION DISTRICT BALLOT QUESTION A. The Avon Town Council further Resolves to direct the Town Clerk to post and publish this Resolution in the established, customary manner as the posting and publishing of other resolutions. ADOPTED March 22, 2016 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, Planning Director Meeting Date: March 14, 2016 Agenda Topic: Motion to Continue the Public Hearing and Second Reading of Ordinance No. 2015-11 - An Ordinance Amending Avon Municipal Code Table 7.16-1 and Section 7.16.060(h)(1) Concerning Lot Split PUD Amendment to Wildridge PUD I respectfully ask that the Public Hearing and Second Reading of Ordinance No. 2015-11 - An Ordinance Amending Avon Municipal Code Table 7.16-1 and Section 7.16.060(h)(1) Concerning Lot Split PUD Amendment to Wildridge PUD be continued to the April 12th Council meeting. I am not able to attend the March 22nd meeting due to a training conflict, which could not be rescheduled, and feel that my presence at the meeting may be important in answering questions which may arise. Thank you. PROPOSED MOTION I move to continue the Public Hearing and Second Reading of Ordinance No. 2015-11 to the April 12, 2016, Town Council meeting. Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Fax: 720.836.3337 Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Jennie Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Mountain Star Water Storage Tank Site Annexation: Res. No. 16-06 Finding Property Eligible for Annexation and Ord. No. 16-04 Annexing the Property DATE: March 17, 2016 SUMMARY: The Upper Eagle River Water Authority has submitted an application to annex the 5 acre water storage tank site adjacent to the Mountain Star development into the Town of Avon (“Property”). This water storage tank site has a long history that dates back to the original approvals of the Mountain Star development. The preferred water storage tank site was identified on Forest Service land to the north and uphill of the Mountain Star development (see the Town of Avon Land Exchange Map). The Upper Eagle River Water Authority acquired this site along with other water storage tank sites from the U.S. Forest Service as part of the multi-party land exchange that was completed several years ago. The use of the property is intended for the construction of a water storage tank to serve the Mountain Star development. It is generally the practice and preference to annex lands into a municipality that include public infrastructure serving development in the municipality. ANNEXATION PROCESS: The Town follows the annexation process in the Municipal Annexation Act of 1965. The process began with the receipt of a complete annexation petition and the adoption of a resolution to initiate the process. The Town Council previously approved Resolution No. 16-02 Initiating the Annexation process and setting the statutorily required public hearing for March 22, 2016. A schedule of actions for the annexation process is re-printed below. ANNEXATION FINDINGS: The Town Council is required to determine if the Property is eligible for annexation before proceeding to act upon an ordinance actually annexing the Property. The statutory requirements include a minimum of 1/6 contiguity between the Property and the boundaries of the Town of Avon and a determination that a “community of interest” exists. The statutory annexation process allows annexation properties to be described in a series parcels which each meet the 1/6 contiguity requirement thereby allowing any property that touches a municipal boundary to meet this requirement. The subject Property is described in two parcels, which considered in series meets the 1/6 contiguity requirement. Resolution No. 16-06 states the findings that the Property is eligible for annexation, finds that a “community of interest exists” because the Property is for the construction of public infrastructure to serve a residential development within the Town of Avon, finds that no annexation election is required because the owner of 100% of property is petitioning for annexation and finds that no additional terms or conditions are imposed on the annexation. PROPOSED MOTION: “I move to approve Resolution No. 16-06 FINDING THAT THE MOUNTAIN STAR WATER TANK SITE PROPERTY IS ELIGIBLE FOR ANNEXATION.” ANNEXATION ORDINANCE: Ordinance No. 16-04 Annexing the Mountain Star Water Tank Site Property is presented for Council consideration. Adoption of an ordinance is the final step of the annexation process. There are no conditions, terms or agreements directly associated with the action to annex this Property. There is a 2016 Capital Projects Implementation Agreement associated with this property for the funding and construction of a water storage tank. In addition, the Town Council is required M EMORANDUM & PLANNING, LLC Avon Town Council Annexation of Mountain Star Water Tank Site Property March 17, 2016 Page 2 of 2 Annexation of Mountain Star Water Tank Site Property March 17, 2016 Page 2 of 2 to zone any property that is annexed within 90 days of annexation. An ordinance approving the zoning and accompanying Comprehensive Plan amendment is presented as a separate action item. PROPOSED MOTION: “I move to approve Ordinance No. 16-04 Annexing the Mountain Star Water Storage Tank Site Property on first reading.” SCHEDULE OF ACTIONS: Town Council: Resolution Initiating Annexation process (Set Hearing for Mar. 22) February 9, 2016 Publish Notice of Hearing (4 consecutive weeks) Feb 16, Feb, 23, Mar 1 and Mar 8 Deadline for Notice of Public Hearing by Planning Commission on Zoning Feb 19 Send Notice by Registered Mail to BOCC, County Attorney, Special Districts and School (25 days in advance) Feb 26 (last date) Planning Commission: Public Hearing - Review of Zoning March 1 Deadline to Post Notice of Public Hearing on Zoning March 11 Public Hearing: Resolution to Adopt Finding that Property is Eligible for Annexation Public Hearing: 1st Reading of Ordinance to Annex Property Public Hearing: 1st Reading of Ordinance to Zone Property March 22 Public Hearing: 2nd Reading of Ordinance to Annex Property Public Hearing: 2nd Reading of Ordinance to Zone Property April 12 Record Ordinances and Annexation Maps May 12 Thank you, Eric Attachments: Resolution No. 16-06 Ordinance No. 16-04 Annexation Petition and Annexation Map RESOLUTION NO. 16-06 FINDING THAT THE MOUNTAIN STAR WATER TANK SITE PROPERTY IS ELIGIBLE FOR ANNEXATION WHEREAS, Upper Eagle River Water Authority, has filed a petition for annexation, and the Avon Town Council has adopted Resolution No. 2016-02 INITIATING ANNEXATION OF THE MOUNTAIN STAR WATER TANK SITE PROPERTY, FINDING THE PETITION FOR ANNEXATION TO BE IN SUBSTANTIAL COMPLIANCE, AND SETTING A PUBLIC HEARING; and WHEREAS, the Town Council of the Town of Avon held a public hearing on March 22, 2016, after providing required notice in accordance with C.R.S. §31-12-108; and, WHEREAS, the Town Council of the Town of Avon desires to set forth its findings regarding the Petition for Annexation of the Mountain Star Water Tank Site Property in accordance with C.R.S. §31-12-110; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, the following: SECTION 1. ELIGIBILITY. The Town Council finds that the requirements of C.R.S. §31-12- 104 and §31-12-105 have been met. Specifically, the Town Council finds that the perimeter Mountain Star Water Tank Site Property is one sixth contiguous with the Town of Avon and further finds that a community of interest exists because the property will provide a site for essential water system infrastructure serving the Mountain Star PUD area, a residential development within the Town of Avon. SECTION 2. NO ELECTION REQUIRED. The Town Council finds that the no election is required because the Upper Eagle River Water Authority is the owner of 100% of the property petitioning for annexation. SECTION 3. NO ADDITIONAL TERMS OR CONDITIONS. The Avon Town Council finds that no additional terms or conditions are to be imposed on the annexation of the Mountain Star Water Tank Site Property. ADOPTED March 22, 2016 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk     Ord. 16-04 Annexation of Mountain Star Tank Site March 22, 2016 - FIRST READING Page 1 of 3     TOWN OF AVON, COLORADO ORDINANCE NO. 16-04 ANNEXING THE MOUNTAIN STAR TANK SITE PROPERTY WHEREAS, on January 25, 2016 the Upper Eagle River Water Authority, filed with the Town Clerk for the Town of Avon (“Town”) the petition for annexation (“Petition”) requesting that the Town Council of the Town (“Town Council”) commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A: Legal Description of the Mountain Star Tank Site Property attached hereto and incorporated herein by this reference (the “Annexation Property”); and WHEREAS, the Town Council, by Resolution Number 16-02, and by Resolution Number 16-06, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; and WHEREAS, annexation proceedings to annex the Annexation Property have not commenced for annexation of all or part of the Annexation Property to another municipality; and WHEREAS, the Town Council finds that it is in the best interests of the Town to annex the Property to the Town; and WHEREAS, the Town Council held a public hearings on March 22, 2016 and April 12, 2016, received all evidence and testimony presented with regard to the annexation of the Annexation Property at such public hearings; and at the conclusion of such public hearings the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions, stated as follows: THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article II, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town.     Ord. 16-04 Annexation of Mountain Star Tank Site March 22, 2016 - FIRST READING Page 2 of 3     3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 5. The annexation of the Annexation Property to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that: Section 1. Annexation. The Annexation Property as described on the annexation map and accompanying Petition is hereby annexed into the Town of Avon, Colorado. Specifically, Tracts WT-1 and WT-2 are annexed in series such that WT-1 is annexed first and WT-2 is annexed second, thereby annexing the entire Annexation Property. Section 2. Executing and Filing Documents. The Mayor and Town Clerk are hereby authorized to execute all necessary documents to complete the annexation of the Annexation Property. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) File for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is     Ord. 16-04 Annexation of Mountain Star Tank Site March 22, 2016 - FIRST READING Page 3 of 3     promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Fax: 720.836.3337 Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Jennie Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Mountain Star Water Storage Tank Site Comprehensive Plan Amendment and Zoning DATE: March 18, 2016 SUMMARY: The Mountain Star Water Storage Tank property (5 acres) petitioned for annexation into the Town of Avon. In accordance with the Municipal Annexation Act of 1965 the Town is required to zone property annexed into the Town boundaries. The intended development of the property is for a water storage tank serving the Mountain Star PUD residential development. Attached to this memorandum are the application materials and staff’s report on the proposed zoning and accompanying comprehensive plan amendment. PROPOSED MOTION: I move to approve Ordinance No. 16-05 APPROVING AMENDMNETS TO THE TOWN OF AVON COMPREHENSIVE PLAN AND REZONING APPLICATION FOR THE MOUNTAIN STAR TANK SITE PROPERTY on first reading.” Thank you, Eric Attachments: Ordinance No. 16-05 Staff Report Avon Planning Commission Resolution No. 16-02 Comprehensive Plan Application Zoning Application M EMORANDUM & PLANNING, LLC Ordinance No. 2016-05 – Mountain Star Tank Plan and Zoning FIRST READING – March 22, 2016 Page 1 of 4   TOWN OF AVON, COLORADO ORDINANCE 16-05 APPROVING AMENDMENTS TO THE TOWN OF AVON COMPRHENSIVE PLAN AND REZONING APPLICATION FOR THE MOUNTAIN STAR TANK SITE PROPERTY WHEREAS, the Upper Eagle River Water Authority submitted a petition for Annexation for properties (“Mountain Star Water Tank Site Property”) related to the construction of a water tank; WHEREAS, the Avon Town Council approved Resolution 2016-02, finding that the Petition for Annexation and annexation map for the Mountain Star Water Tank Site Property is in compliance with statutory requirements; WHEREAS, the Upper Eagle River Water Authority submitted a Rezoning application in accordance with AMC §7.16.050(a), Rezoning Review Procedures, to zone the Mountain Star Water Tank Site Property with the Public Facilities (PF) zone district; WHEREAS, Avon Town Staff submitted a Comprehensive Plan Amendment application in accordance with AMC §7.16.030, Comprehensive Plan Amendment, updating maps to reflect the inclusion and future land use of the Mountain Star Water Tank Site Property; WHEREAS, the Avon Planning & Zoning Commission held a public hearing on March 14, 2016, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearing, PZC approved Resolution 16-02 and made the required findings to recommend approval of the applications to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on March 22, 2016, and April 12, 2016 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and Rezoning of the Mountain Star Water Tank Site Property Ordinance No. 2016-05 – Mountain Star Tank Plan and Zoning FIRST READING – March 22, 2016 Page 2 of 4 and found the Application in compliance with the review criteria, and specifically finds that the amendments will promote the health, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Findings. The Town Council hereby makes the following findings: (a) The Comprehensive Plan Amendment and Rezoning applications were reviewed in accordance with AMC §7.16.020, General procedures and Requirements. (b) The Town Council hereby adopts the findings in the March 14, 2016 Staff Report – Rezoning & Comprehensive Plan Amendment. (c) The Town Council hereby adopts the findings in the Planning and Zoning Commission Resolution 16-02 Recommending to the Avon Town Council Approval of Case #REZ16001 and Case #CPA16002, Applications to Rezone the Mountain Star Tank Site Property Public Facilities (PF) and Amend the Comprehensive Plan. (d) The Applications were reviewed in accordance with AMC §7.16.030, Comprehensive Plan Amendment, and AMC §7.16.050, Rezonings, and found to be in substantial compliance with the review criteria. (e) The Applications were reviewed concurrently, as permitted by AMC §7.16.020(b)(2), Concurrent Review. (f) Updates to the Avon Comprehensive Plan ensure that the Rezoning application is “consistent with the Avon Comprehensive Plan,” as required by AMC §7.16.050(c)(2). (g) Adjustments to the Official Zoning Map are necessary in order to change the classification of the Mountain Star Water Tank Site Property to Public Facilities (PF) for its intended future use. (h) The Mountain Star Water Tank Site Property is suitable for water infrastructure and associated uses, and is not likely to result in significant adverse impacts upon other property in the vicinity. Ordinance No. 2016-05 – Mountain Star Tank Plan and Zoning FIRST READING – March 22, 2016 Page 3 of 4 (i) Approval of the applications will promote the purposes stated in the Development Code by ensuring the adequate provision of water services and maintaining current and future fire flow demands. Section 2. Comprehensive Plan Amendments. The Town Council hereby approves amendments to the Town of Avon Comprehensive Plan to amend the Comprehensive Plan Maps to integrate the Mountain Star Water Tank Site Property on the land use maps. Section 3. Designation of Zone District, Amendment to Official Zoning Map. The Town Council hereby designates the Mountain Star Water Tank Site Property for inclusion in the Public Facilities (PF) zone district and amendments the Official Town Zoning Map to reflect this designation. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ordinance No. 2016-05 – Mountain Star Tank Plan and Zoning FIRST READING – March 22, 2016 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         1 Staff  Report  –  Rezoning  &     Comprehensive  Plan  Amendment       March  14,  2016  Planning  &  Zoning  Commission  Meeting   Project  type  Case  #REZ16001  /  #CPA16002         Legal  description  Lot  16,  Section  25,  Township  4S,  Range  82W   Current  Zoning  N/A       Proposed  Zoning  Public  Facilities  (PF)   Address  1875  Paintbrush     Prepared  By  Matt  Pielsticker,  AICP     INTRODUCTION   The  Applicant,  The  Upper  Eagle  River  Water  Authority,  has  submitted  a  Rezoning  application   for  a  property  set  to  be  annexed  by  the  Avon  Town  Council  in  April.    The  request  would  zone   the  property  Public  Facilities  (PF)  in  order  to  accommodate  the  construction  of  a  water  tank   this   summer.    Town   Staff   is   processing   a   Comprehensive   Plan   Amendment   application   concurrently  to  acknowledge  the  location  and  use  of  the  property  on  the  existing  and  future   land  use  maps  in  the  Avon  Comprehensive  Plan.                     PROCESS           The  Planning  and  Zoning  Commission  (“PZC”)  will  review  the  Application  and  conduct  a  public   hearing   on  March   14,   2016.    After   conducting   a   public   hearing,   PZC   will   forward  a   recommendation  to  Town  Council.    Subsequently,  final  action  is  taken  on  the  applications  by   Town  Council  after  conducting  public  hearings  and  either  approval  by  Ordinance.    PROPERTY  BACKGROUND   The  site  is  currently  located  on  uplatted  land  in  Eagle  County.    A  Federal  Patent  for  the  land  was   issued  to  the  water  authority  as  a  result  of  the  Eagle  Valley  Land  Exchange.    The  5  acre  site  will   be  annexed  into  the  Town  with  a  separate  Ordinance.    Access  to  the  site  is  via  an  existing   access  road  that  extends  from  the  Paintbrush  right-­‐of-­‐way  through  Mountain  Star  Tract  M,   both  of  which  are  owned  by  the  Mountain  Star  Homeowner’s  Association.    An  existing  access   and  utility  easement  exists  on  Tract  M.     PROPERTY  DESCRIPTION   The  property  is  composed  of  two  (2)  parcels,  totaling  5  acres,  and  contains  forested  property   and  an  old  access  road  connecting  Paintbrush  Road  with  a  trail  into  the  USFS  lands  beyond.         Staff  Review  &  Report   PUBLIC  HEARING:   PZC   PUBLIC  HEARING:  Council  &  1st  Reading  of  Ordinance       PUBLIC  HEARING:  Council  &  2nd  Reading  of  Ordinance   March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         2 The  Property  is  bounded  on  the  south  by  Lot  36  with  a  single  family  home  approximately  1000’   from  the  away  from  the  tank  site.    To  the  west,  north,  and  east  the  site  is  bordered  by  USFS   property  and  open  space.         REZONING  CRITERIA:   The  review  criteria  for  zoning  amendments  are  governed  by  AMC  §7.16.050,  Rezonings.    The   PZC  shall  use  the  criteria  below  as  the  basis  for  a  recommendation  on  the  Rezoning  application.       Staff  responses  to  each  review  criteria  are  provided.     (1)  Evidence  of  substantial  compliance  with  the  purpose  of  the  Development  Code;   Staff  Response:    The  Application  is  substantially  compliant  with  the  purpose  statements  of   the  Development  Code  by  providing  for  the  orderly,  efficient  use  of  the  Property,  while  at   the  same  time  conserving  the  value  of  the  investments  of  owners  of  property  in  Town.       The  Application   promotes   the   health,   safety,   and   welfare   of   the   Avon   community   by   designating   the   Property   with   a   zone   district   that   will   accommodate   a   water   storage   facility.    The  water  tank  will  ensure  a  safer  community  by  ensuring  adequate  fire  flows  in   the  event  of  an  incident.    Additionally,  the  construction  of  the  tank  will  “Minimize  the  risk   of   damage   and   injury   to   people,   structures   and   public   infrastructure”  as   stated   in   the   Purpose  provisions  of  the  code.     March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         3 The  entire  Purpose  statement  section  from  the  Development  Code  (Section  7.04.030  -­‐   Purposes)  is  outlined  for  reference:       (a)   Divide   the   Town   into   zones,   restricting   and   requiring   therein   the   location,   erection,   construction,   reconstruction,   alteration   and   use   of   buildings,   structures   and   land   for  trade,   industry,   residence   and   other   specified   uses;   regulate   the   intensity   of   the   use   of   lot   areas;   regulate  and  determine  the  area  of  open  spaces  surrounding  such  buildings;  establish  building   lines   and   locations   of   buildings   designed   for   specified   industrial,   commercial,   residential   and   other  uses  within  such  areas;  establish  standards  to  which  buildings  or  structures  shall  conform;   establish  standards  for  use  of  areas  adjoining  such  buildings  or  structures;   (b)   Implement   the   goals   and   policies   of   the   Avon   Comprehensive   Plan   and   other   applicable   planning  documents  of  the  Town;     (c)   Comply   with   the   purposes   stated   in   state   and   federal   regulations   which   authorize   the   regulations  in  this  Development  Code;     (d)  Avoid  undue  traffic  congestion  and  degradation  of  the  level  of  service  provided  by  streets   and  roadways,  promote  effective  and  economical  mass  transportation  and  enhance  effective,   attractive  and  economical  pedestrian  opportunities;     (e)  Promote  adequate  light,  air,  landscaping  and  open  space  and  avoid  undue  concentration  or   sprawl  of  population;   (f)  Provide  a  planned  and  orderly  use  of  land,  protection  of  the  environment  and  preservation  of   viability,  all  to  conserve  the  value  of  the  investments  of  the  people  of  the  Avon  community  and   encourage   a   high   q uality   of   life   and   the   most   appropriate   use   of   land   throughout   the   municipality;   (g)  Prevent  the  inefficient  use  of  land;  avoid  increased  demands  on  public  services  and  facilities   which  exceed  capacity  or  degrade  the  level  of  service  for  existing  residents;  provide  for  phased   development  of  government  services  and  facilities  which  maximizes  efficiency  and  optimizes   costs  to  taxpayers  and  users;  and  promote  sufficient,  economical  and  high-­‐quality  provision  of  all   public  services  and  public  facilities,  including  but  not  limited  to  water,  sewage,  schools,  libraries,   police,  parks,  recreation,  open  space  and  medical  facilities;     (h)  Minimize  the  risk  of  damage  and  injury  to  people,  structures  and  public  infrastructure  created   by  wild  fire,  avalanche,  unstable  slopes,  rock  fall,  mudslides,  flood  danger  and  other  natural   hazards;     (i)  Achieve  or  exceed  federal  clean  air  standards;     (j)  Sustain  water  sources  by  maintaining  the  natural  watershed,  preventing  accelerated  erosion,   reducing  runoff  and  consequent  sedimentation,  eliminating  pollutants  introduced  directly  into   streams  and  enhancing  public  access  to  recreational  water  sources;     (k)  Maintain  the  natural  scenic  beauty  of  the  Eagle  River  Valley  in  order  to  preserve  areas  of   historical   and   archaeological   importance,   provide   for   adequate   open   spaces,   preserve   scenic   views,   provide   recreational   opportunities,   sustain   the   tourist-­‐based   economy   and   preserve   property  values;   (l)  Promote  architectural  design  which  is  compatible,  functional,  practical  and  complimentary  to   Avon's  sub-­‐alpine  environment;     March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         4 (m)   Achieve   innovation   and   advancement   in   design   of   the   built   environment   to   improve   efficiency,  reduce  energy  consumption,  reduce  emission  of  pollutants,  reduce  consumption  of   non-­‐renewable  natural  resources  and  attain  sustainability;     (n)  Achieve  a  diverse  range  of  attainable  housing  which  meets  the  housing  needs  created  by  jobs   in  the  Town,  provides  a  range  of  housing  types  and  price  points  to  serve  a  complete  range  of  life   stages  and  promotes  a  balanced,  diverse  and  stable  full  time  residential  community  which  is   balanced  with  the  visitor  economy;     (o)  Promote  quality  real  estate  investments  which  conserve  property  values  by  disclosing  risks,   taxes   and   fees;   by   incorporating   practical   and   comprehensible   legal   arrangements;   and   by   promoting  accuracy  in  investment  expectations;  and     (p)  Promote  the  health,  safety  and  welfare  of  the  Avon  community.         (2)  Consistency  with  the  Avon  Comprehensive  Plan;   Staff  Response:  With  the  corresponding  Avon  Comprehensive  Plan  Amendment,  the   Application  is  consistent  with  the  plan  and  recommendations  related  to  the  provision   of  public  services  including  water.           (3)  Physical   suitability   of   the   land   for   the   proposed   development   or   subdivision;   Staff  Response:    The  Property  is  suitable  for  water  storage  and  a  small  access  roadway.     The  elevation  of  the  property  is  at  9,200  feet  which  is  adequate  to  serve  the  gravity   flow  tank.    Vegetation  on  the  property  consists  of  aspen  and  various  native  grasses   with  some  open  meadows.                   (4)  Compatibility  with  surrounding  land  uses;   Staff  Response:        The  area  surrounding  the  parcel  is  mostly  native  forest,  with  single-­‐ family  home  construction  to  the  south.    Once  the  facility  is  operational,  there  will  be   minimal  noise  from  maintenance  vehicles  monitoring  the  site  on  a  routine  basis.      Long   term  Impacts   to   wildlife   are   minimal   as   documented   in   the   Land   Exchange   environmental  assessment  documentation.         (5)  Whether   the   proposed   rezoning   is   justified   by   changed   or   changing   conditions  in  the  character  of  the  area  proposed  to  be  rezoned   Staff  Response:    The  rezoning  is  justified  based  on  increased  water  demand  in  the   Mountain  Star  subdivision  to  maintain  adequate  fire  flows.     (6)  Whether  there  are  adequate  facilities  available  to  serve  development  for   the   type   and   scope   suggested   by   the   proposed   zone   compared   to   the   existing   zoning,  while  maintaining  adequate  levels  of  service  to  existing  development;   Staff  Response:    The  Property  is  served  through  an  access  easement  from  a  privately   owned  and  maintained  roadway.                 March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         5 (7)  Whether   the   rezoning   is   consistent   with   the   stated   purpose   of   the   proposed  zoning  district(s);   Staff  Response:    The  PF  zone  district  is  well  suited  for  construction  of  a  water  tank  and   leaving  the  property  in  relatively  natural  state.             (8)  That,  compared  to  the  existing  zoning,  the  rezoning  is  not  likely  to  result  in   adverse   impacts   upon   the   natural   environment,   including   air,   water,   noise,   stormwater   management,   wildlife,   and   vegetation,   or   such   impacts   will   be   substantially  mitigated;   Staff  Response:      The  property  currently  has  no  zoning  designation.    All  of  the  impacts   associated  with  the  construction  and  on-­‐going  maintenance  of  a  water  tank  were   evaluated  with  biological  and  wildlife  studies.    For  example,  to  mitigate  impacts  to   wildlife,  construction  will  only  be  permitted  between  April  15  and  December  15  for   deer  and  elk  range.    No  adverse  impacts  are  expected,  and  any  minor  impacts  will  be   mitigated.     (9)  That,  compared  to  the  existing  zoning,  the  rezoning  is  not  likely  to  result  in   significant  adverse  impacts  upon  other  property  in  the  vicinity  of  the  subject  tract;   Staff   Response:    Temporary   noise   during  construction   will   have   some   impacts   to   neighboring   properties;   however,   BMPs   will   be   utilized   to   limit   impacts   with   construction  limited  from  7am  to  6pm  Monday  through  Saturday.    Once  the  tank  is   constructed  there  will  be  very  few  impacts  to  other  properties  in  the  vicinity.    The   location  of  the  tank  is  approximately  175  higher  than  Paintbrush  road  and  will  not  be   visible.                       (10)  For  rezoning  within  an  existing  PUD,  consistency  with  the  relevant  PUD   Master  Plan  as  reflected  in  the  approval  of  the  applicable  PUD;  and,   Staff  Response:    The  Property  is  not  located  in  the  Mountain  Star  PUD  and  this  is  not   applicable.     (11)  Adequate  mitigation  is  required  for  zoning  amendment  applications  which   result  in  greater  intensity  of  land  use  or  increased  demands  on  public  facilities  and   infrastructure.   Staff   Response:    The   zoning   amendment   will   result   in   minimal   impacts   to   public   facilities  and  infrastructure.             COMPREHENSIVE  PLAN  AMENDMENT  CRITERIA:   The   review   procedures   for   a   Comprehensive   Plan   Amendment   mimic   those   of   a   Rezoning   application  and  therefore  the  two  applications  are  being  reviewed  concurrently.    The  Avon   Development   Code   allows   concurrent   review   pursuant   to   AMC  §7.16.020(b)(2),  Concurrent   Review.    According   to   the   AMC   §7.16.030(e),   PZC   shall   consider   the   following   criteria   in   formulating  a  recommendation  to  Council:   March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         6 (1)   The   surrounding   area   is   compatible   with   the   land   use   proposed   in   the   plan   amendment   or   the   proposed   land   use   provides   an   essential   public   benefit   and   other   locations  are  not  feasible  or  practical;   Staff  Response:      The  land  use  of  the  amendment  is  consistent  with  existing  land  uses  in  the   vicinity.    Construction  of  a  water  tank  provides  an  essential  public  benefit.    The  location  of   this  Property  is  strategic  based  on  elevation  and  location  proximate  to  the  residential  lots   it  will  serve.           (2)  Transportation  services  and  infrastructure  have  adequate  current  capacity,  or  planned   capacity,   to   serve   potential   traffic   demands  of   the   land   use   proposed   in   the   plan   amendment;   Staff  Response:    Several  alternatives  were  considered  for  this  water  tank,  from  235,000  to   5000,000   gallons.     The   capacity   was   set   to   270,000   gallons,   as   recommended   by   an   independent  engineering  study.         (3)  Public  services  and  facilities  have  adequate  current  capacity,  or  planned  capacity,  to   serve  the  land  use  proposed  in  the  plan  amendment;   Staff  Response:    This  facility  will  serve  existing  and  future  demands  of  the  Mountain  Star   PUD.    The  plan  amendment  does  not  increase  development  potential  in  the  area.       (4)  The  proposed  land  use  in  the  plan  amendment  will  result  in  a  better  location  or  form   of  development  for  the  Town,  even  if  the  current  plan  designation  is  still  considered   appropriate;   Staff  Response:    The  existing  water  tank  on  Tract  M  of  Mountain  Star  will  be  removed  and   decommissioned  with  the  construction  of  this  upgraded  tank.    The  location  of  the  tank,   approximately  1000’  above  the  existing  residential  construction,  is  appropriate.       (5)  Strict  adherence  to  the  current  plan  would  result  in  a  situation  neither  intended  nor  in   keeping  with  other  key  elements  and  policies  of  the  plan;   Staff  Response:    The  current  Avon  Comprehensive  Plan  does  not  contemplate  the  land   exchange  parcel  where  the  tank  will  be  located;  therefore  the  maps  are  being  updated  to   show  the  boundaries  of  the  parcel  and  open  space  designation  given  how  the  property  is   intended  to  be  developed.     (6)  The  proposed  plan  amendment  will  promote  the  purposes  stated  in  this  Development   Code;  and,   Staff   Response:    As   stated   above,   the   Purposes   stated   in   the   Development   Code   are   achieved  with  the  siting  and  development  of  the  property  for  a  water  tank.     (7)  The  proposed  plan  amendment  will  promote  the  health,  safety  or  welfare  of  the  Avon   Community   and   will   be   consistent   with   the   general   goals   and   policies   of   the   Avon   Comprehensive  Plan.   Staff   Response:    The   plan   amendment   will   ensure   that   the   Comprehensive   Plan   is   consistent   with   the   zoning   application   to   accommodate   the   construction   of   t he   water   March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         7 tank.    The  health,  safety,  and  welfare  of  the  Mountain  Star  community  will  be  enhanced   with  a  safe,  appropriately  sized  water  tank  structure.         RECOMMENDAITON   Approval     RECOMMENDED  MOTION:     “I  move  to  Approve  Resolution  16-­‐02,  recommending  that  the  Avon  Town  Council  approve  Case   #REZ16001  and  Case  #CPA16002,  applications  to  rezone  the  Mountain  Star  Water  Tank  Site   Property  to  the  Public  Facilities  (PF)  Zone  District  and  amend  the  Avon  Comprehensive  Plan  to   integrate  the  Mountain  Star  Water  Tank  Site  Property  on  land  use  maps.”       ATTACHMENTS:   Resolution  16-­‐02   Rezoning  Application   Comprehensive  Plan  Exhibits   Resolution  16-­‐02  –  Recommendation  Regarding  Mountain  Star  Water  Tank  Applications    TOWN  OF  AVON,  COLORADO   PLANNING  AND  ZONING  COMMISSION  RESOLUTION  16-­‐02     A  RESOLUTION  RECOMMENDING  TO  THE  AVON  TOWN  COUNCIL  APPROVAL  OF  CASE  #REZ16001   and  CASE  #CPA16002,  APPLICATIONS  TO  REZONE  THE  MOUNTAIN  STAR  TANK  SITE  PROPERTY   PUBLIC  FACILITIES  (PF)  AND  AMEND  THE  COMPREHENSIVE  PLAN         WHEREAS,  the  Upper  Eagle  River  Water  Authority  submitted  an  application  to  zone  the   Mountain  Star  Tank  Site  Property  Public  Facilities  (PF)  zone  district,  and  Town  Staff  has  processed  an   application  to  amend  the  Comprehensive  Plan  (collectively  “the  Applications”)  to  integrate  the   Mountain  Star  Water  Tank  Site  Property  on  land  use  maps;  and     WHEREAS,  the  Avon  Planning  and  Zoning  Commission  held  a  Public  Hearing  on  March  14,  2016,   where  public  comments  were  considered;  and       WHEREAS,  the  Planning  and  Zoning  Commission  makes  the  following  findings  with  respect  to   the  Applications:   1. The  Applications  are  desirable  to  respond  to  changed  conditions  in  the  Mountain  Star   Subdivision.   2. The  Applications  were  reviewed  in  accordance  with  AMC  §7.16.030  Comprehensive  Plan   Amendment,  and  AMC  §7.16.050,  Rezonings,  and  found  to  be  in  substantial  compliance   with  the  review  criteria  as  outlined  in  the  staff  report  dated  March  14,  2015  by  Matt   Pielsticker.       3. The   Applications   were   reviewed   concurrently,   as   permitted   by   AMC   §7.16.020(b)(2),   Concurrent  Review.   4. The  Applications  promote  the  health,  safety,  and  welfare  of  the  Avon  community  by   providing  a  site  to  meet  current  and  future  fire  flow  storage  requirements  for  the  88   single-­‐family  residential  lots  in  the  Mountain  Star  subdivision.           5. The   Application   is  substantially   compliant   with   the   purpose   statements   of   the   Development  Code  by  minimizing  “the  risk  of  damage  and  injury  to  people,  structures  and   public  infrastructure”  as  stated  in  the  Purpose  provisions  of  the  code.       NOW   THEREFORE,   BE   IT   RESOLVED,  that  the   Planning   and   Zoning   Commission   hereby   recommends  that  the  Town  Council  of  the  Town  of  Avon  Approve  the  Applications  as  submitted.           ACCEPTED,  APPROVED,  AND  ADOPTED  THIS  ____  DAY  OF  _______________,  2016   AVON  PLANNING  AND  ZONING  COMMISSION     SIGNED:   ___________________________   Jim  Clancy,  Chairperson   January 25, 2016 Debbie Hoppe, Town Clerk Town of Avon 1 Lake Street Avon, CO 81620 Dear Debbie, I have enclosed separate Annexation Plats for Tract WT-1 and WT-2, together containing 5.00 acres, and, on behalf of the Upper Eagle Regional Water Authority (“Authority”), I hereby request serial annexation of both Tracts to the Town of Avon. I have also enclosed the executed Petition for Annexation from the Authority. The Authority acquired Lot 16, Section 25, Township 4 South, Range 82 West, 6th Principal Meridian, Eagle County, Colorado by U.S. Patent in 2013, Reception No. 201309275, from the United States of America in the Eagle County Land Exchange for the specific purpose of constructing a water storage tank above the Mountain Star Subdivision in the Town of Avon. In order to complete the permitting process for this new tank, it is appropriate that this property first be annexed to the Town. I request that this property be zoned PF – Public Facilities to be consistent with the proposed use of the property. I also request that the Town waive any fees for review of this Petition for Annexation as it is being submitted by another governmental entity in which the Town is a Contracting Party. The Authority plans to begin construction of this water storage tank in April 2016. I therefore request expedited consideration and approval of this Petition for Annexation so that this important project can proceed to completion as soon as possible. Sincerely, Jason Cowles, P.E. Planner, Upper Eagle Regional Water Authority Enclosures: Land Development Application Annexation Petition Annexation Plat List of Property Owners within 300’ of Annexation Parcel Mailing Envelopes for Adjacent Property Owners cc: Linn Brooks, General Manager James P. Collins, General Counsel Virginia Egger, Town Manager Matt Pielsticker, Town Planner Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Mountain Star Water Storage Tank Project - Capital Project Implementation Agreement DATE: March 17, 2016 SUMMARY: The Town, Upper Eagle River Water Authority (“Authority”) and Mountain Star Association (“MS”) have negotiated capital contributions for the construction of a 270,000 gallon water storage tank to serve the Mountain Star PUD development. This memorandum describes the terms of the 2016 Capital Project Implementation Agreement. The Authority is prepared to commence construction of the 270,000 gallon water storage tank in mid-April, pending approval of the Capital Project Implementation Agreement and the approval of the Town’s annexation, comprehensive plan amendment, zoning and 1041 review (all scheduled to be completed by the April 12 Town Council meeting). The concurring vote of 4 Council members is required to approve an agreement, including an intergovernmental agreement less than 10 years in duration. RECOMMENDATION: Based upon negotiations and direction from Council, the attached Capital Project Implementation Agreement is recommended for approval. PROPOSED MOTION: I move to approve the 2016 Capital Project Implementation Agreement between the Upper Eagle River Regional Water Authority, the Mountain Star Association (“MS”) and the Town of Avon Specifically Concerning the Construction of a New 270,000 Gallon Potable Water Storage and Deliver Tank. TERMS OF AGREEMENT: The following terms are highlighted and summarized: • The Water Tank Project (“Project”) is estimated to cost $1,850,216. The Authority is responsible for managing the construction of the Project, including the hiring of contractors. • The parties are contributing the following funds: Participant  Participant Share   Authority – Exclusive of Mountain Star LLC funds held by Eagle River Water & Sanitation District (“ERWS&D”)  $135,000   Mountain Star LLC (currently held by ERW&SD) $105,000 Town – From Tap Fees previously collected in the Community – Inclusive of Contributions to Date  $875,707   MS – Inclusive of the Contingency  $734,509   Estimated Project Costs  $1,850,216   • The Town’s contribution of $875,707 reflects the total amount of water tap fees collected to date by the Town of Avon from the Mountain Star PUD area. M EMORANDUM & PLANNING, LLC Avon Town Council Mountain Star Water Tank 2016 Capital Project Implementation Agreement March 17, 2016 Page 2 of 2 • The Authority’s contribution and Town’s contribution are fixed in this Agreement; however, the Town of Avon is agreeing to pledge tap fees revenues received from the Mountain Star PUD development area until March 21, 2036 (20 years). If there are cost overruns, then MS is responsible for the additional costs. • The parties are agreeing to release and waive any legal claims arising from past agreements concerning the Mountain Star PUD water system and agreements between the Town and Authority concerning water systems. • MS is agreeing to continue to cooperate with the Authority concerning a water conservation pilot study. Thank you, Eric ATTACHMENT A: 2016 Capital Project Implementation Agreement Capital Project Implementation Agreement FINAL March 22, 2016 Page 1 of 10 2016 CAPITAL PROJECT IMPLEMENTATION AGREEMENT BETWEEN THE UPPER EAGLE REGIONAL WATER AUTHORITY, THE MOUNTAIN STAR ASSOCIATION (“MS”) AND THE TOWN OF AVON SPECIFICALLY CONCERNING THE CONSTRUCTION OF A NEW 270,000 GALLON POTABLE WATER STORAGE AND DELIVERY TANK This Capital Project Implementation Agreement (the “Agreement”) is made, effective as of March 22, 2016 (the “Effective Date”) by and between the UPPER EAGLE REGIONAL WATER AUTHORITY, a political subdivision of the State of Colorado formed by intergovernmental agreement, pursuant to C.R.S. § 29-1-204.2 (“Authority”); THE MOUNTAIN STAR ASSOCIATION, a Colorado nonprofit membership corporation (“MS”); and the TOWN OF AVON, a Colorado home rule municipality (“Town”) and hereinafter collectively referred to as the “Parties.” WHEREAS, the Parties are legally empowered under their respective organizational documents and the laws of the State of Colorado to enter into this Agreement; and WHEREAS, the Parties agree that in the overall context of the improvement and upgrade by the Authority of the potable water supply system that serves the Mountain Star Community (defined below) located in the Town and the County of Eagle, Colorado, there is a need to construct, install and make operational a new water storage and supply tank, as originally anticipated in the Water Service Mainline Extension Agreement, dated May 14, 1993, hereinafter referred to as the “Project”; and WHEREAS, the Authority has determined that the appropriate size of the new tank is 270,000 gallons; and WHEREAS, the Authority has requested the financial participation in the Project by the Town and MS as described herein; and WHEREAS, the Town and MS have agreed to additional financial terms concerning the remittance to MS of Tap Fees (as defined below) collected both in the past and in the future by the Town from properties lying within the Mountain Star subdivision, more specifically described as those properties encumbered by the Declaration of Covenants, Conditions, Restrictions and Easements for Mountain Star made the 19th day of November 1993 by Mountain Star Limited Liability Company, a Wyoming limited liability, as supplemented by the First, Second, Third, Fourth, Fifth and Sixth Supplemental Declarations thereto, all recorded in the office of the Eagle County, Colorado Clerk and Recorder’s Office (the “Community”); and WHEREAS, the Authority has requested MS’s funding assistance for this Project in the amount of Seven Hundred and Thirty-four Thousand Five Hundred and Nine Dollars ($734,509); and WHEREAS, the Mountain Star owners have cooperated with the Authority to implement conservation measures and have reduced overall water usage during the irrigation season of May through September by 30% over the past five years; and Capital Project Implementation Agreement FINAL March 22, 2016 Page 2 of 10 WHEREAS, based on the foregoing, MS hereby agrees to financially participate in the Project conditioned on adherence to the terms and conditions set forth herein; and WHEREAS, based on the foregoing, the Town hereby agrees to financially participate in the Project conditioned on adherence to the terms and conditions set forth herein; and WHEREAS, Authority has secured a commitment of additional funds from Mountain Star LLC in the amount of approximately $105,000 held currently by the Eagle River Water & Sanitation District as a full and final settlement of all obligations, if any, of Mountain Star LLC; and WHEREAS, the Parties have budgeted capital funding to perform their obligations under this Agreement; and WHEREAS, the Parties wish to state herein their understanding as to how the Project will be financed and implemented; NOW THEREFORE, as full consideration for and in furtherance of the goals and intents and purposes of this Agreement, the Parties hereby agree as follows: 1. Purpose. The purpose of this Agreement is to memorialize MS’s agreement to financially participate in the Project and to establish the process by which MS’s participation will be accomplished. The total eligible costs associated with the Project, include but are not limited to design, acquisition of necessary design, permitting, engineering, construction management and construction (collectively “Eligible Project Costs”) are estimated in the amount of One Million Eight Hundred Fifty Thousand Two Hundred Sixteen Dollars ($1,850,216). The Eligible Project Costs include a “Guaranteed Maximum Price” contract (“GMP Contract”) negotiated by the Authority in the amount of One Million Five Hundred Eighty Thousand Five Hundred Twenty Six Dollars ($1,580,526) inclusive of an eight percent (8%) contingency (the “Contingency”). The actual Eligible Project Costs expended for the Project shall be the “Actual Project Cost.” Eligible Project Costs shall not include the overhead or other internal costs and expenditures of any participant. No participant will be entitled to include in-kind costs for credit or project cost purposes. 2. MS Contribution. The actual matching funds to account for dollars contributed by the Town and the Authority is initially Seven Hundred and Thirty-four Thousand Five Hundred and Nine Dollars ($734,509) to be paid directly to the Authority in accordance with Paragraph 4 and 5 of this Agreement (the “MS Contribution”). 3. Allocated Shares of Estimated Project Costs. The Estimated Project Costs and agreed upon allocated shares of the same, between the Parties and other participants, are set forth in the table below. Capital Project Implementation Agreement FINAL March 22, 2016 Page 3 of 10 The Estimated Project Costs shown in table below are based upon the GMP Contract for this Project negotiated by the Authority through an integrated project delivery process. The Estimated Project Costs are shown in Exhibit A attached hereto and incorporated herein by this reference. Participant  Participant Share   Authority – Exclusive of Mountain Star LLC funds held by Eagle River Water & Sanitation District (“ERWS&D”)  $135,000   Mountain Star LLC (currently held by ERW&SD) $105,000 Town – From Tap Fees previously collected in the Community – Inclusive of Contributions to Date  $875,707   MS – Inclusive of the Contingency  $734,509   Estimated Project Costs  $1,850,216   If the Actual Project Cost is less than the Estimated Project Costs, then MS shall receive the entire Project savings regardless of whether from the base amount of the aforementioned contributions or from the Contingency. MS’s share of the Project savings shall be paid over to MS within sixty days after the date of the final accounting for Actual Project Costs as required by Paragraph 9 below. The Authority certifies that the above sources and amounts of funds are the sole and only sources and amounts available to fund the Estimated Project Costs which are eligible for reimbursement from MS in accordance with this Agreement. The Authority acknowledges and agrees that if additional funding sources or amounts are made available to the Authority for the Project, then MS’s financial commitment will be reduced, dollar for dollar, from the Eligible Project Costs amount. 4. Project Contribution Payments. The Town’s and MS’s obligation to fund their respective Contribution shall be contingent on the Authority entering into the GMP Contract for the completion of the Project. The Authority shall provide MS and the Town with written confirmation that the GMP Contract has been executed together with a copy of the same. Upon satisfaction of the requirements of this paragraph 4 above, the Authority, the Town and MS shall each contribute their share of the overall Estimated Project Costs as set forth in Paragraph 3. In that regard, the Authority shall deposit its share of the Project funds together with the Mountain Star LLC contribution, into an account designated for the Project, and the Town and MS shall pay to the Authority, for deposit into the same account their share of the Eligible Project Costs. The Authority shall maintain full and complete records of Actual Project Costs incurred in accordance with generally accepted accounting principles and will assure that MS shall have the right to audit the Authority’s financial records related to the Project during construction of the Project and up to three (3) years after completion of the Project. Capital Project Implementation Agreement FINAL March 22, 2016 Page 4 of 10 Any change orders that would exceed the GMP Contract price shall be pursuant to and based upon changes to the GMP Contract, properly applied for and approved by the Authority’s Board of Directors; provided that prior to approval of any one change order in excess of five thousand dollars ($5,000) the Authority shall provide to the MS Representative (identified in Paragraph 11B) with the application for and justification of the same. Any comments of MS promptly provided shall be considered by the Authority and given fair weight in accordance with Paragraph 7, below; provided that the final decision regarding the same shall be the Authority’s to make in the exercise of its reasonable discretion. In the event that, and as and when the Actual Project Costs exceed the Estimated Project Costs, Authority may make periodic requests for additional funds from MS, no more often than every thirty days, and MS shall deposit with Authority the requested amount within five (5) business days. Except as described below as between the Town and MS, neither the Town nor Authority shall have any obligation to commit any additional funds in the event that the Actual Project Costs exceed the Estimated Project Costs. This Agreement establishes Authority’s and the Town’s maximum contribution toward the completion of the Project. 5. Project Implementation. Project construction shall begin on April 15, 2016 and the Authority anticipates the Project will be substantially completed on November 15, 2016 (pending delays due to inclement weather). The Authority will implement and oversee the Project, inclusive of the retention of any necessary consultants and contractors to perform the work necessary to complete the Project. The Authority shall cause the Project to be completed in accordance with the applicable laws, rules, and regulations of all governmental entities having proper jurisdiction over the Project. The Authority shall keep accurate records of the progress of the Project and the Authority shall provide status reports to the Town and MS on a regular basis (a minimum of every other month after execution of this Agreement), including progress updates, notice of any problems related to the Project and a record of the payments made to contractor(s). Said status reports shall include updates to the Actual Project Costs expended and the remaining costs projected to be expended through the Project completion, and shall note any variances (change orders) from the Estimated Project Costs, as well as any adjustments to the time schedule for Project completion. Upon completion of the Project, the Authority will add the new tank and the associated systems to the list of “Authority’s Obligations” in Appendix C of the Master Service Agreement of 1998 and the 2015 Authority Agreement, and in accordance with said Agreements it shall be the sole responsibility of the Authority to operate, maintain, repair, replace, and upgrade the integrated water system serving the Community in the future. Nothing in this Agreement shall be interpreted or construed to place any financial responsibility or liability upon MS for future capital needs with respect to said system, nor any other systems or Capital Project Implementation Agreement FINAL March 22, 2016 Page 5 of 10 capital projects whether initiated by the Town, the Authority or any other provider of services within the Community. 6. Liability. Neither the Town nor MS shall be liable for any claims, demands, losses, damages, expenses, injuries, and liabilities arising from the death or injury of any person or persons, including any claims of the Authority or other funding entities, or from any damage to or destruction of property caused by or in connection with the Project, or any negligent act or omission of the Authority, any other funding entities or the Project contractor. 7. Good Faith and Fair Dealing. The Town, MS and the Authority agree that all parties shall have a duty to each other in the performance of this Agreement which shall include, but not be limited to, the highest duties of good faith, fair dealing, disclosure of all information to each other as described herein, avoidance of conflicts of interest, and avoidance of the appearance of conflicts of interest in carrying out the goals and objectives of this Agreement. 8. Insurance. The Town, MS and the Authority shall insure themselves separately against liability, loss and damages arising out of the operation of and performance under this Agreement and the construction, use or operation of the Improvements. The Authority shall assure that the contractor selected to perform the GMP Contract retains all insurance coverages required by any law as well as those that are customary in the industry. 9. Term of Agreement and Termination. This Agreement shall be effective as of the Effective Date identified above and shall, except as set forth in Paragraph 12, below, terminate upon the completion and close out of the Project and a final accounting of the Actual Project Costs being provided by the Authority to the Town and MS. The Town and the Authority have appropriated and have on hand the funds described in this Agreement. Any party shall have the right to terminate this Agreement after thirty (30) days written notice to the other party in the event of a default which is not cured within twenty (20) days after delivery of the written notice of default. Termination shall not be effective if reasonable action to cure the breach has been taken by the defaulting party before the effective date of the termination, and such actions are pursued diligently to a successful completion within twenty (20) days from inception of the actions. If such actions are not successful within said period of time, the non-defaulting party shall have the right to terminate this Agreement upon written notice to the other parties. In the event of termination, the Authority shall settle all accounts with the Town and MS related to the Project. Capital Project Implementation Agreement FINAL March 22, 2016 Page 6 of 10 The Authority’s accounting obligations, the Authority’s assurance of compliance with applicable laws, the Authority’s preservation of records pertaining to the Project, and the Authority’s obligations and responsibility described in Paragraph 5 upon completion of the Project shall survive termination of this Agreement. The Town’s obligations under Paragraph 12, below, shall survive termination of this Agreement. 10. Assignment. No Party shall have the right or power to assign this Agreement or parts thereof, or its respective duties, without the express written consent of the other Parties. Any attempt to assign this Agreement in the absence of such written consent, shall be null and void ab initio. 11. Project Management. A. Authority Representative. The Authority hereby designates: Jason Cowles (with an email address of jcowles@erwsd.org ) as the Authority’s representative to coordinate all communication with MS related to the Project, including issues arising under this Agreement. B. MS Representative. MS hereby designates Steve Coyer (with an email address of scoyer@hotmail.com ) as MS’s representative to coordinate all communication with the Authority related to the Project, including issues arising under this Agreement. C. Town Representative. The Town hereby designates: Justin Hildreth, Town Engineer (with an email address of jhildreth@avon.org ) as the Town’s representative to coordinate all communication with the Authority related to the Project, including issues arising under this Agreement. 12. Town Tap Fee Recovery and Remittance. As further consideration for MS participating in the Total Actual Costs, for the period of twenty (20) years from the Effective Date, as and when collected via development of properties within the Community, in order to further compensate MS for its participation in the Project the Town shall pay to MS any and all Tap Fees received by the Town from builders or owners within the Community. Payment shall be made within thirty (30) days of collection. For purposes of this paragraph, “Tap Fees” shall be defined as any fee collected (1) as a condition to and for the privilege of the connection of any water service line to the water system serving the Community, and (2) as a result of a change of use of any property previously connected to the water system serving the Community. Nothing in this paragraph shall be deemed to be a limitation on the Town’s legislative authority to fix or amend the Town’s fees and charges assessed for the use of the water system serving the Community; provided that the Town shall (1) use its best efforts to maintain the current Tap Fee amount during the term hereof, (2) will in any event assess Tap Fees within the Community in the same manner as it assesses Capital Project Implementation Agreement FINAL March 22, 2016 Page 7 of 10 Tap Fees against similarly situated users throughout the Town, and (3) shall diligently pursue the collection of any and all Tap Fees that become due and payable under the Town’s rules and regulations as they exist from time to time. Tap Fees paid the Authority directly for the water service it provides to the Community and to any applicable water service are specifically excluded from the payment obligations set forth in this Paragraph 12. Town’s obligation to remit and pay to MS Tap Fees received by the Town shall expire on March 21, 2036, provided that Town shall remit to MS any Tap Fees received on or prior to March 21, 2036.” 13. Release and Waiver of Claims. Upon completion of the Project, Town, Authority and MS hereby forever waive and release any claims which may be asserted by or against any of the Parties to this Agreement concerning the Water Service Mainline Extension Agreement, dated May 14, 1993, the Master Service Agreement of 1998, the 2015 Authority Agreement, and any other agreement by, between or among the Parties concerning the water system, water service and water storage tanks serving the Mountain Star Planned Unit Development in Avon, CO. This Paragraph 13 shall survive termination of this Agreement. 14. Water Conservation. MS will: (i) continue to remind the owners of, and enforce, their responsibility to comply with MS’s Design Guidelines regarding irrigation practices, (ii) continue to participate in the Authority’s pilot study in cutting irrigation usage, (iii) continue to encourage compliance by all owners with all water demand management regulations established system-wide by the Authority, and (iv) support the Authority’s efforts to work with owners who are operating above acceptable water usage guidelines (100,000 gallons per year per SFE unless the Authority implements a different system-wide guideline) in order to establish new irrigation practices that will bring the specific usage into an acceptable range. 15. Miscellaneous. It is the intention of the Parties that the Authority shall be, and remain, an independent contractor. The Parties do not intend and nothing contained in this Agreement shall be deemed to create a partnership, co-tenancy, joint venture or agency of any kind. Any Party in default under this Agreement shall pay the reasonable attorney’s fees of the other party incurred in order to enforce its rights under this Agreement. This Agreement shall be construed in accordance with the laws of the State of Colorado. In the event of any dispute between the parties to this Agreement, the exclusive venue for dispute resolution shall be the District Court for and in Eagle County, Colorado. This Agreement shall inure to the benefit of, and be binding upon the parties to this Agreement and their respective successors and permitted assigns. This Agreement is solely between and for the benefit of the Town, MS and the Authority, and no design consultant, contractor, any subcontractor nor any other person is a third-party beneficiary to or under this Agreement. This Agreement contains the entire agreement of the Parties with respect to its subject matter. Any amendments or modifications to this Agreement must be in writing executed by the Parties in order to be valid and binding. Each Party to this Agreement Capital Project Implementation Agreement FINAL March 22, 2016 Page 8 of 10 represents and warrants that they have made full disclosure of any and all contingencies, conditions, or reimbursement agreements related to their financial participation in the Project as described in Paragraph 3 above. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other of the provisions of this Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. The Town and the Authority are political subdivisions of the State of Colorado and, as such, (1) with the exception of Avon's obligation to pay Tap Fees to MS as described in Paragraph 12 above which shall be considered a special fund obligation of the Town, any and all financial obligations described hereunder are subject to annual budget and appropriations requirements, and (2) no consultants, contractors or subcontractors shall have lien rights against the Parties, nor against any property lying within the boundaries of the Parties in the event of nonpayment of any amount due under this Agreement. The Town and the Authority and their respective elected officials, directors, officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Agreement the monetary limitations or any other rights immunities or protections afforded by the Colorado Governmental Immunity Act, §§24- 10-101 et seq., C.R.S., as the same may be amended from time to time. No elected official, director, officer, agent or employee of the Town, MS or the Authority shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. From and after the Effective Date, MS shall use its best efforts to promote and encourage compliance of its members with any and all duly adopted and generally applicable Authority rules and regulations including without limitation those applicable to irrigation within the Community. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument. [EXECUTION PAGE FOLLOWS] Capital Project Implementation Agreement FINAL March 22, 2016 Page 9 of 10 IN WITNESS WHEREOF, the Parties have executed this Capital Project Implementation Agreement as of the day and year first above written. TOWN OF AVON AUTHORITY – UPPER EAGLE RIVER WATER AUTHORITY THE MOUNTAIN STAR ASSOCIATION   Capital Project Implementation Agreement FINAL – Exhibit A March 22, 2016 Page 10 of 10 EXHIBIT A Mountain Star Water Storage Tank 60% Design Budget Estimate February 9, 2018 Design & Permitting Budget Alpine Engineering (Civil Engineering) $ 51,500 SGM (Structural Engineering) $ 50,080 Eagle Valley Surveying (Surveying and Platting) $ 10,180 Michael West & Associates (Geotechnical Engineering) $ 9,760 Russ Sasakura Engineering (Instrumentation & Controls) $ 6,000 Aslan Construction (Pre-Construction Services) $ 25,000 Subtotal Design Budget $ 152,520 Construction Budget Alpine Engineering (Construction Engineering) $ 24,000 SGM, Inc. (Construction Engineering) $ 33,170 Geotechnical Engineering (Materials Testing - QA/QC) $ 30,000 Holy Cross Electric (Purchase of Electric Materials) $ 30,000 270,000 gallon Water Storage Tank and All Appurtenances $ 1,463,450 Construction Contingency (8%) $ 117,076 Subtotal Construction Budget $ 1,697,696 Total Proposed Project Budget (Design + Construction Subtotals) $ 1,850,216 Revenues Mountain Star Tap Fees $ 875,707 Authority Contribution $ 135,000 Mountain Star LLC Contribution $ 105,000 Subtotal Revenues $ 1,115,707 Requested Contribution from Mountain Star HOA $ 734,509 Notes: 1. Water Tank Construction costs based on 60% design estimate provided by Aslan Construction. 2. 8% Contingency included in Aslan GMP proposal for potential construction cost overruns and design changes. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: March 8, 2016 Agenda Topic: Ordinance 16-03, 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 Renewable Energy Production Components ACTION BEFORE TOWN COUNCIL To review and approve, approve with changes, or deny Ordinance 16-03 regarding a sales tax credit on components for production of energy from renewable sources and to direct Staff to waive planning and building permit fees for such facilities. PROPOSED MOTION I move to approve Ordinance No. 16-03, 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 Components for Production of Energy from Renewable Sources and a waiver of planning review and building permit fees for renewable energy projects. BACKGROUND: At the November 8, 2015 Town Council meeting, Staff presented Ordinance 15-10, a sales tax credit for solar panel installations. Town Council did not approve the Ordinance, requesting additional information regarding other renewable energy programs and inquired about including all renewable energy sources to the ordinance. There are several programs available for residential homeowners interested in production of energy from renewable energy sources as outlined below: Residential Federal Tax Credit: A taxpayer may claim a credit of 30% of qualified expenditures for a system that serves a dwelling unit located in the United States that is owned and used as a residence by the taxpayer. Qualified expenditures include labor costs for on-site preparation, assembly or original system installation, and piping or wiring to connect a system to the home. State Sales Tax Exemption: The State of Colorado exempts sales taxes on components for Production of Energy from Renewable Energy Sources (C.R.S. §39-26-724) including but not limited to wind, solar thermal systems, and biogas production systems. The state sales tax exemption does not include solar photovoltaic or geothermal systems. Holy Cross Rebates: Holy Cross Energy provides a substantial rebate program for installing energy efficient fixtures such as LED lights, timers, VFDs, insulation, windows, and solar water heaters. Holy Cross also has a rebate program for installing renewable energy power systems that includes back metering of excess electricity.  Page 2 Energy Smart Program at Walking Mountains: • Residential Program: All Town of Avon homeowners and renters have access to this program which provides subsidized or free (based on income) Energy Assessments that include safety testing and comprehensive home energy analysis, and installation of energy saving measures such as LED's, thermostats, and insulation. The program also provides access to incentives (rebates/financing) in order to assist homeowners with the installation of energy efficient improvements and photovoltaic systems. • Commercial Program: Through a relationship with Holy Cross Energy, we are able to provide free energy coaching and assistance to small and medium sized businesses within the town of Avon. Services include site visits, bid reviews, contractor referrals, and assistance with applying for rebates to maximize and leverage all available rebates. • Funding for these programs is provided by the Eagle County Eco-Build fund, similar to the new Avon Exterior Energy Offset Program (EEOP fund), and support from Holy Cross Energy. Town of Avon Incentives: The Town recently adopted the EEOP to encourage the use of alternative renewable energy generation at developments using snowmelt systems. The EEOP imposes a $16/SF fee on snowmelt systems unless 50% of the energy required is renewable energy generated on-site. The Town of Avon can implement several incentives programs to promote the production of renewable energy including waiving building permit fees and planning fees and rebating sales taxes on components of renewable energy systems. The attached Ordinance 16-03 proposes implementing these waivers and tax credits. COMPLIANCE WITH COMPHREHENSIVE PLAN Goal H.4 of the Avon Comprehensive Plan states a community goal to, “Conserve environmental resources to ensure their most efficient use.” The Ordinance would provide a temporary financial incentive to promote the installation of energy from renewable sources by providing a temporary tax credit and waiving planning and permit fees. This temporary sales tax credit would apply to all components for production of renewable energy systems for residential, commercial, industrial and public facility uses. Renewable energy systems can include solar photovoltaic, solar thermal, wind and geothermal. The state provides a sales tax exemption for biogas systems but is not recommended for the Town of Avon because biogas systems are associated with large agriculture facilities which are not envisioned in the Town. FINANCIAL IMPACT In 2015, the Town issued four (4) building permits for the installation of solar panels. 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 panel 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. Also, waiving of four planning permit fees at $75/each and four building permit fees at $150/each would total $900 per year of lost revenue. EXHIBITS Ordinance 16-03 Ord 16-03 Enacting Temporary Sales Tax Credit for Renewable Energy Production Components FIRST READING March 22, 2016 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 16-03 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 RENEWABLE ENERGY PRODUCTION COMPONENTS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the 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; WHEREAS, Goal H.4 of the Town of Avon Comprehensive Plan states a community goal to “Conserve environmental resources to ensure their most efficient use.”; WHEREAS, the Town Council finds that a temporary sales tax credit to provide an incentive to encourage the installation of renewable energy production components in Avon will promote a community goal to conserve environmental resources and will thereby promote the health safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Section 3.08.037 Enacted. Chapter 3.08 Sales Tax of the Avon Municipal Code is hereby amended by enacting a new Section 3.08.037 Temporary tax credit for Renewable Energy Production Components to read as follows: “3.08.037 Temporary Tax Credit for Renewable Energy Production Components. Notwithstanding any other provision of this Chapter, there shall be granted a temporary sales tax credit to each person owing tax on the sale of components used in the production of electricity, generation of heat or cooling of air, from a renewable energy source, including but not limited to wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary Ord 16-03 Enacting Temporary Sales Tax Credit for Renewable Energy Production Components FIRST READING March 22, 2016 Page 2 of 3 tax credit shall commence on the effective date of this ordinance and shall continue until December 31, 2018, whereupon this temporary tax credit shall automatically expire unless extended by adoption of an ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change.” Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Non-severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid or enforceable, such invalidity or effect shall render the entire ordinance void and not effective, it being the intention of the Council that is this all provisions of this Ordinance are not severable and that Council would not have adopted this Ordinance if any provision of this Ordinance is invalid or not effective. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 16-03 Enacting Temporary Sales Tax Credit for Renewable Energy Production Components FIRST READING March 22, 2016 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 16-06 Approving a Purchase and Sale Agreement for the Mountain Vista Office Building DATE: March 17, 2016 SUMMARY: This memorandum provides an overview of Ordinance No. 16-06 Approving the Purchase and Sale Agreement for Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado (“MVO Building”). Attached is a memorandum from Virginia Egger, Town Manager, addressing financing and programming of the MVO Building for Town Hall administrative office use and Ordinance No. 16-06 Approving the Purchase and Sale Agreement. TERMS OF PURCHASE AND SALE AGREEMENT: A Purchase and Sale Agreement (“Purchase Agreement”) has been negotiated with the Seller, Points of Colorado, Inc. The Purchase Agreement is subject to approval by Ordinance of the Avon Town Council. Both the Town, as Buyer, and the Seller may terminate the Purchase Agreement if the Avon Town Council does not approve the Purchase Agreement by ordinance. Specific terms of the Purchase Agreement are highlighted below. Overall, the sale is characterized by a new subdivision plat to create and describe Lot 4 as its own independent parcel and by the exclusion of Lot 4 and MVO Building (“Property”) from the Mountain Vista Resort common interest community. This is for the purpose of creating an autonomous property that is independent from the covenants and governance of the common interest community. The Property would remain subject to the Mountain Vista PUD (aka Tract C, Avon Center at Beaver Creek Development) zoning and development plan, which permits office use for this portion of the PUD development. RECITAL: Property Description, Inclusions and Exclusions: The Property is the MVO Building along with the underlying land and a small strip of land surrounding the building. A subdivision replat has been prepared to create the 10,840 sq.ft. parcel of land as shown in the Purchase Agreement. The subdivision replat qualifies as a minor subdivision and therefore will be presented to Council for approval at second reading of Ordinance No. 16-06. The bronze statute of the skier in front of the building is included in the sale. Parking within the Mountain Vista Resort common interest community is excluded from the sale. ¶1.2 Purchase Price. The agreed Purchase Price is $1.5 Million. A deposit of $75,000 has been tendered to the Avon office of Title Company of the Rockies. The deposit of $75,000 may be returned to the Town under the following circumstances: 1. The Avon Town Council does not take final action on an ordinance approving the Purchase Agreement and tenders notice of the Town’s election to terminate the Purchase Agreement prior to Closing. 2. One of the Conditions Precedent for the benefit of the Town as Buyer or for the benefit of Seller is not satisfied by the Closing date and the Town and Seller do not extend the Purchase Agreement beyond the Closing date to permit the satisfaction of such condition. ¶2.1 Inspections by Buyer: The Town has conducted building inspections prior to signing the Purchase Agreement. Buyer’s physical inspection is not a condition of Closing. ¶2.4(a) Permitted Exceptions: The Title Insurance commitment has been reviewed and specific title exceptions have been identified as items to be addressed and deleted from the title commitment or to be M EMORANDUM & PLANNING, LLC Ord. No 16-06 Approving a Purchase and Sale Agreement FIRST READING – March 22, 2016 Page 1 of 3 TOWN OF AVON ORDINANCE 16-06 AN ORDINANCE APPROVING THE PURCHASE AND SALE AGREEMENT FOR LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION, TOWN OF AVON, COLORADO WHEREAS, the Town of Avon and Points of Colorado, Inc., have mutually signed a Purchase and Sale Agreement, with an effective date of March 3, 2016, (“Purchase and Sale Agreement”) for the acquisition and sale of property in Avon, Colorado, described as Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado, according to the Replat of Lots 2C, 4 and 5, Mountain Vista Resort Subdivision, Town of Avon, Colorado (“Property”); WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire and hold real property; WHEREAS, Paragraph 3.3(c) of the Purchase and Sale Agreement provides that a condition precedent to the closing is that the adoption of an ordinance by the Avon Town Council to approve the Purchase and Sale Agreement; WHEREAS, the Town Council finds that acquisition of this Property supports the Avon West Town Center District Plan, including K. TOWN HALL, which states, “The existing Town Hall is too small for the current Town needs, is outdated and lacks a high level of energy efficiency.” and which depicts the location of a new Town Hall facility on the “Main Street” (the Avon pedestrian mall); WHEREAS, the Town Council finds that acquisition of the Property shall promote the health, safety, prosperity, convenience and general welfare of the Avon community by providing administrative facilities to meet current and projected future needs of the Town; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to provide public comment on this Ordinance and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord. No 16-06 Approving a Purchase and Sale Agreement FIRST READING – March 22, 2016 Page 2 of 3 Section 2. Purchase and Sale Approved. The Purchase and Sale Agreement attached as Exhibit A: Purchase and Sale Agreement is hereby approved and, subject to the terms and conditions precedent set forth in the Purchase and Sale Agreement, the Town Council approves the acquisition of the Property. Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute and attest to documents related to acquisition and encumbrance of the Property in accordance with the terms set forth in the Purchase and Sale Agreement approved in this Ordinance and take such other actions as may be reasonably necessary to implement the actions in this Ordinance. The Mayor, Town Manager and Town Attorney may collectively review and approve the documents contemplated in the Purchase and Sale Agreement, extend deadlines contemplated in the Purchase and Sale Agreement, and correct typos, grammatical errors, cross-reference errors, and revisions which do not alter the substantive terms of the Purchase and Sale Agreement approved in this Ordinance. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [Signature page follows] Ord. No 16-06 Approving a Purchase and Sale Agreement FIRST READING – March 22, 2016 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT B COUNCIL REPORT FOR MOUNTAIN VISTA RESORT SUBDIVISION OFFICE BUILDING 140 West Beaver Creek Boulevard Mountain Vista Lot 4 March 22, 2016 REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd TABLE OF CONTENTS I. Executive Summary II. Chronology of Events III. Purchase and Sale Agreement IV. Avon Town Hall Facility Assessment and Space Needs Analysis, SEH, August 25, 2015 V. Master Plans, Review & Updates, Zoning & Subdivision Matters VI. Renovation & Relocation Options VII. Parking Requirements VIII. Building Inspection Report & Structural Engineering Report IX. Funding & Development Schedule Appendices Appendix 1: See Eric Heil Cover Memo attachment The following Appendices are available electronically at the listed site or may be viewed at the Town Clerk’s office during normal business hours: Appendix 2: Avon Town Hall Facility Assessment and Space Needs Analysis, SEH, July 2015 www.avon.org/spaceneedsanalysis Appendix 3: Avon West District Town Center Investment Plan, 2007 www.avon.org/investmentplan Appendix 4: Master Plan for Harry A. Nottingham Park Plan, 2008 www.avon.org/parkmasterplan Appendix 5: Planning Review and Update of the Harry A. Nottingham Master Plan, Swift Gulch Master Plan and Lot 5 Development Plan, 2015 www.avon.org/planningreview Appendix 6: Building Inspection Report, 2016 www.avon.org/inspectionreport Appendix 7: Structural Engineering Report, 2016 www.avon.org/engineeringreport Appendix 8: 2016 Capital Projects Fund www.avon.org/budget REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd Section I SECTION I EXECUTIVE SUMMARY FINDINGS 2015 Town Hall Facility Assessment The Town Hall Facility Assessment and Space Needs Analysis, July 12, 2015, was prepared for the Avon Town Council, by consultants Short Elliott Hendrickson, Inc. (SEH). The SEH Analysis concluded: “At a minimum, to satisfy building upgrade requirements and met the future space needs, a major building remodel will be required to address the sheer number and extent of issues in the existing shell and interior spaces. As well, we recommend full replacement of all MEP systems and components to meet the programming needs of the departments. It is likely more cost prohibitive to correct all the deficiencies than to build a new facility.” SEH Assessment, Page 18 Skier Building is Lease Cost Option to Address Present Town Hall Facility Deficiencies  The Mountain Vista Office Building and Police Department at the Joint Public Safety Facility is the least cost option.  No new taxes or tax rate increases are needed for the relocation Adopted Plans & Planning Review/Update for the Existing Town Hall Site; Potential New Uses • The 2006 Avon Comprehensive Plan expressly identified a community goal to relocate the Town Hall and redevelop the existing Town Hall site. • The Avon West Town Center District Plan, 2007, found the Town Hall building too small for its current use, outdated and lacking energy efficiency. The plan envisioned a new Town Hall that spanned both sides of a new Main Street (Fire Station and portion of parking lot and town park) to serve as a civic anchor. A larger program of commercial/retail, offices, civic uses, affordable and market rate housing was proposed for the mixed-use Town Hall facility. Since adoption of the District Plan the Town experienced a severe recession like the rest of the country and new commercial development on the Main Street Mall did not occur as expected. The Town recently completed improvements to the Main Street pedestrian mall to advance its on-going commitment to activate this core area of Town. . The Mountain Vista Office Building meets the goals of the District Plan: support Town Hall relocation, provides for office spaces and a civic anchor in close proximity to the library, recreation center and the park and makes the current site available for a dynamic use. • The Harry A. Nottingham Master Plan, 2008, was adopted showing the relocation of Town Hall and new uses at the park. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd Section I • Stan Clauson and Associates, consultants to the Town, facilitated a public process to consider future development on Town owned properties. The resulting work was presented to Council and the public in the Planning Review & Update - Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan & Lot 5 Development Plan, November 15, 2015. The document recommended:  Locating the Police Department at Buck Creek in a Joint Public Safety Facility.  Utilizing the Mountain Vista Office Building for the balance of Town Hall functions. The report found the location has broad support and is a preferred location to house the Town’s other office, Court, community and meeting needs.  That the current Town Hall site be repurposed for potential uses, including but not limited to enhancing the soccer field and park amenities, new convention space, recreational uses, parking, performance space, etc. Main Street Mall Anchor & Synergy It is an opportune time to work the developers of Lot B and the Seasons’ renovation project to bring a synergistic program to the Mountain Vista Office Building. Town Hall office functions and community meeting activity at this location will serve an important anchor for this vibrancy. SECTION SUMMARY Section II Chronology of Events The listing follows the directives, studies and decisions of the Town Council beginning on January 27, 2015, which supported the work for a purchase agreement for the Mountain Vista Office Building. Section III Purchase and Sale Agreement Purchase Price: $1,500,000 Building Uses: Administrative and court offices, Courtroom/Council Chambers, meeting rooms and community space Closing Date: June 16, 2016 Additional information is provided on sale terms, including an access easement which would allow Points of Colorado and Starwood access, utilities, support for a subterranean parking garage abutting the Mountain Vista Office Building foundation, and crediting for shared open space. The Lot 4 Easement is intended to preserve all of Starwood’s development rights under the existing PUD which were based on access, site coverage and the existing configuration of Lot 4. Section IV Town Hall Facility Assessment & Space Needs Analysis, July 2015 The comprehensive Town Hall Facility Assessment & Space Needs Analysis (Assessment) was developed by Short Elliott Hendrickson, Inc. (SEH), at the request of Town Council. The Assessment reported on the deficiencies of the current building and estimated the current space shortages for staff working space. Future staff space needs were projected. Six facility planning options on three sites were prepared, with a cost budget developed for each scenario. The Assessment found the current Town Hall building to be in need of a major remodel or replacement. The cost budget analysis, with current pricing for the Police Department at the proposed relocation to the REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd Section I Joint Public Safety Facility, plus the purchase and finish of the Mountain Vista Office Building was shown to be the least cost option. Section V Master Plans, Review & Updates, Zoning & Subdivision Relevant master plans and the recent updated planning review are submitted in the section. Current adopted plans envision the relocation of the existing Town Hall. No PUD or zoning amendment would be required for the Town to use the property for a Town Hall. Lot 4, where the Mountain Vista Office Building sits, along with a portion of Lot 5 surrounding Lot 4 must be subdivided to create a consolidated lot that can be separated from the remainder of the Lot C PUD development and associated declarations. Section VI Parking Requirements The Town of Avon is able to meet the Mountain Vista Office Building parking demand on site and in the vicinity on adjacent Town owned property and rights-of-way, as allowed for by the Town’s Code. Section VII Renovation & Relocation Options Bringing the Avon Town Hall Facility Assessment and Space Needs Analysis, Planning Review and Update for Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan, Lot 5 Development Plan together with the locational decision for the Police Department at Buck Creek, facility options and costs for the balance of Town Hall are presented. The comparison shows the Mountain Vista Office Building-Joint Public Facility/Police Department to be the least cost option. Section VIII Building Inspection and Structural Report The Mountain Vista Office Building was inspected by Eagle Eye Inspectors and KRM Consultants provided a current structural observation. No significant problems were identified, however, HVAC system inspection showed two items not working. With the plan to replace the HVAC for the needed system for full build- out, staff did not recommend fixing the items, but rather noticing Points of Colorado of the operational failure in the units. Section IX Funding and Development Schedule Funds for building acquisition are available in the current 2016 Capital Projects Fund. Construction, FF&E and contingencies to finish the building are available in the Urban Renewal Fund. No new taxes or tax rate increases are required for the full project. Should Town Council approve the purchase of the Mountain Vista Office Building, development of the building for use as a Town Hall could be completed by May 1, 2017. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION II SECTION II CHRONOLOGY OF EVENTS 2.1 JANUARY 27TH: Ad Hoc Committee/Study Group Recommended At the Council’s January 27, 2015, meeting, Mayor Jennie Fancher recommended the formation of an ad hoc committee/study group to further explore the acquisition of the Mountain Vista Office Building and examine whether or not it makes sense to acquire the building. The individuals recommended to be members of the committee were Mark Kogan, Phil Struve and Councilor Sarah Smith Hymes. It was also stated that any community members interested in participating in the ad hoc committee/study group should email Virginia Egger or Jennie Fancher. Angelo Loria, Dominic Mauriello, Brian Sipes joined the committee as well. The ad hoc group assisted with the RFQ process and selection of SEH to conduct a facility assessment and space needs analysis. 2.2 APRIL 28th: IGA Approved for Joint Public Safety Facility Town Council approved an Intergovernmental Agreement (IGA) between the Town of Avon and the Eagle River Fire Protection District (ERFPD), which set forth the terms and conditions for the design, construction, ownership and operation of a joint fire and police station facility (PSF) on Nottingham Road between Swift Gulch and Buck Creek Roads (Buck Creek Site). The IGA also detailed the conditions of Avon’s loan to the ERFPD. 2.3 AUGUST 25TH: Options for Town Hall – Locations, Estimated Costs & Financing The Avon Town Hall Facility Assessment and Space Needs Analysis is completed by SEH, consultant to the Town. The consultant met with Council in a study session on August 25th, and reviewed the Assessment and Analysis. Also, at the meeting, the staff memo identified the schedule for Stan Clauson Associates work to evaluate land use options for Tract G, which includes the current Town Hall, Fire Station sites, park and Town Center West District; including time frame to make a decision on the location for the Avon Police Department. 2.4 OCTOBER 13TH: Study Session – Tract G, Swift Gulch and Lot 5 Development Options, including Public Safety and Town Hall Locations, Financing Options and Decision Schedule Consultants presented the Preliminary Findings Report at the public Study Session. • The consultant and participants at the charette recommended:  The Police Department be located at Buck Creek  Town Hall’s other departments be located at the Mountain Vista Office Building; or, if the building is not available at the Fire Station once vacated by the ERFPD  The current condition of Town Hall requires a renovation or relocation in the near future  Opportunities to repurpose the site of other park uses favored relocation  The Mountain Vista Office Building was the favored location, with the Fire station being noted as an alternate location • Moving forward with a new URA bond, which could generate upwards of $6,000,000 in new revenues; tenant finish of the Mountain Vista Office Building is an eligible cost REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION II 2.5 OCTOBER 13TH: Executive Session Council met in Executive Session : 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 AND FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) RELATED TO SUCH REAL PROPERTY DISCUSSION 2.6 OCTOBER 27TH: Study Session – Tract G, Swift Gulch and Lot 5 Development Options, including Public Safety and Town Hall Locations, Financing Options and Decision Schedule  Stan Clauson consultants presented the final draft of recommended land uses.  Town Council directed:  Buck Creek is the preferred location for the Police Station  No changes were proposed for Tract G, with the preferred location for Town Hall being first at the Mountain Vista Office Building  Town Hall Repurposing – Councilor Matt Gennett asked that the repurposing of Town Hall for other uses, should Town Hall relocate, be included in future land use planning work, versus demolition 2.7 NOVEMBER 10th: Modification to the Urban Renewal Plan The URA Authority Board passed Resolution 15-1 to Adopt Minor Modifications to the Town Center West Urban Renewal Plan The action specifically allowed the Mountain Vista Office Building to qualify for Urban Renewal funds 2.8 DECEMBER 8TH: Council Meeting Council sets maximum cost for the Police Department at $5,540,656; and maximum facility size at 11,300 square feet Council agrees to final appropriation of design costs 2.9 JANUARY 26TH: Council Meeting COUNCIL MET IN EXECUTIVE SESSION: 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 AND FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) RELATED TO SUCH REAL PROPERTY DISCUSSION 2.10 FEBRUARY 23RD: COUNCIL PASSES RESOLUTION NO. 16-03 REFERRING A POLICE STATION BALLOT QUESTION TO A SPECIAL ELECTION & FIRST READING OF ORDINANCE NO. 16–02 _______________________________________________________________________________________ REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION III SECTION III PURCHASE AND SALE AGREEMENT 3.1 Introduction The Town conducted an appraisal of the building in March, 2014, which calculated a value of $2,042,500. The Points of Colorado appraisal, during the same time, concluded the value of the property at $4,195,000. Both estimates assumed no parking would need to be purchased. The Town and seller negotiated a Purchase and Sale Agreement (“PSA”) with price of $3.2M. The PSA was approved by ordinance, but was subject to approval by ordinance of Certificate of Participation Financing by the Town of Avon. A citizen petition for referendum was submitted for Ordinance 14-18 approving the Certificate of Participation Financing, which Council referred to a special election. Approval of Ordinance No. 14-18 did not pass and the PSA was then terminated. A new appraisal was not ordered for the negotiation authorized by Town Council. Rather, the Town relied on the assumptions for a calculated value prepared by Mr. Mark Kogan. The set price of $1.5 million eventually was negotiated. 3.2 The Property The Property is owned by Points of Colorado, Inc., a Colorado corporation. The purchase is for Lot 4, Mountain Vista Resort Subdivision, including the Phase 1B Office Building in the Mountain Vista Resort Subdivision. Included are all improvements and appurtenances, and the Skier Bronze Statue. Excluded from the purchase are 44 parking spaces designated for the Mountain Vista Office Building and located on other adjacent property owned by Points of Colorado. The Property is being sold in an “as is” condition. Town has been given the opportunity to perform inspections of the building and the title prior to executing the PSA. 3.3 Purchase and Sale Agreement The PSA is provided with Ordinance 16-07, in this packet. Specific terms in the PSA are highlighted as follows: Purchase Price: $1,500,000 Deposit: $75,000 Closing Date: June 16, 2016 Inspections: No right of inspection, Property is to be purchased “as is”. Town has already conducted inspections and inspection updates prior to signing the PSA. The inspections are discussed in Section VIII of this Report. Right of First Refusal: The Property would be subject to a Right of First Refusal for 3 years that would allow Points of Colorado to repurchase the Property for $1.5 Million if sold by the Town. Lot 4 Easement: The Property would be subject to an easement on the undeveloped portions of Lot 4 (meaning the area of Lot 4 outside the existing building footprint) which would allow Points of Colorado and Starwood access, utilities, support for a subterranean parking garage abutting the Mountain Vista Office Building foundation, and crediting for shared open space. The Lot 4 Easement REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION III is intended to preserve all of Starwood’s development rights under the existing PUD which were based on access, site coverage and the existing configuration of Lot 4. Common Interest Community Exclusion: Lot 4 would be excluded from the Mountain Vista Resort common interest community, and therefore, would not be subject to assessments or costs related to this common ownership interest community. Conditions Precedent to Closing: There are several conditions that must be satisfied before each party is required to closing on the Property, highlighted as follows: • The Avon Town Council must adopt an Ordinance approving the PSA. [NOTE: the adoption of an Ordinance is subject to the public process in accordance with the Avon Home Rule Charter. Adoption of an Ordinance is subject to the discretion of the Avon Town Council members after conducting public hearings. If the Avon Town Council does not adopt an ordinance then the $75,000 Deposit would be returned to the Town.] • Town must approve a subdivision replat of Lots 2C, 4 and 5 to create the Lot 4 configuration for purchase as requested by the Town. • Lot 4 must be withdrawn from the Mountain Vista Resort common interest community. • The Agreement and Plan of Merger between Interval Leisure Group and Starwood Vacation Ownership must be completed. Ordinance Not Subject to Referendum: Avon Home Rule Charter Section 7.2(a) states that ordinances for the acquisition of municipal properties are not subject to referendum. Additionally, the Colorado Court of Appeals ruled in Friends of Denver Parks v. City and County of Denver, 327 P.3d 311 (Colo.App.2013) that a real estate contract is an administrative action and is therefore not subject to referendum. An ordinance approving the PSA is not subject to citizen referendum in Avon. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION IV SECTION IV AVON TOWN HALL FACILITY ASSESSMENT AND SPACE NEEDS ANALYSIS Short Elliott Hendrickson, Inc. (SEH) 4.1 Introduction The Town Council authorized consultant services to conduct a facility assessment and to estimate the space needs for services in the current Town Hall. The firm of Short Elliott Hendrickson, Inc. (SEH) was hired. SEH’s report was completed on July 12, 2015 and presented to Town Council on August 26, 2016. The full report is provided in Appendix 2. 4.2 Town Hall Facility Assessment The SEH Analysis concluded: “At a minimum, to satisfy building upgrade requirements and met the future space needs, a major building remodel will be required to address the sheer number and extent of issues in the existing shell and interior spaces. As well, we recommend full replacement of all MEP systems and components to meet the programming needs of the departments. It is likely more cost prohibitive to correct all the deficiencies than to build a new facility.” [SEH Report, Page 18] The Assessment stated: • The existing Avon Town Hall facility is out of date with current codes, including ADA accessibility requirements with non-conforming existing conditions that would require extensive remodel to the majority of building shell and floor areas. The ADA deficiencies include inadequate spaces with non-compliant ADA door and turning-area clearances, non-compliant handrails, and non- compliant restrooms, shower and locker facilities. Also currently there is not an accessible access to the basement level, because the elevator only serves the First and Second floors of the building. • A completely new building designed to meet current codes on the same site, or a newly constructed building on a new site, in order to address every issue will be required. • In addition to code issues, there are many operational issues that would require total upgrades of systems throughout the building, including HVAC systems, acoustical partitioning, and energy upgrades, to name a few. The atrium area is noted as having skylight leakage into the ceiling of employee offices. The HVAC system is over 30 years old and in need of complete replacement. The systems require continuous maintenance to keep them running. • It is our recommendation the mechanical systems be replaced to meet the function and operation of the facility. • The structural condition of the building is in ‘good’ to ‘very good’ condition and the building appears to be performing in an acceptable manner. The leaks and the exterior finishes should be repaired as required to maintain water proofing. It appears that the ceiling in the atrium area was installed with slack in the suspension rod system. In order to cosmetically improve the ceiling, it is recommended to adjust the tension rods as required to level the ceiling tiles. • International Building Code issues include inaccessible spaces, inadequately sized means of egress, failure to meet life/safety fire codes for an institutional occupancy, and failure to meet energy code requirements. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION IV • The spaces provided by the police and courts are not accessible per the code requirements in ANSI Standards 117.1, 304, 404.2.3.2, 604.8, 606.6, and 608, nor per the ADA Standards for Accessible Design which have many of the same requirements. ADA is a federal law, while ANSI refers to code requirements. Numerous ADA/ANSI Standard Code violations have been noted throughout the building. These include inadequate space requirements, door clearances, turn- around spaces, restroom, shower, and locker room facilities, and countertop heights. • An institutional occupancy (which includes the holding cells) is required by code to be fully sprinkled. This is a major life safety issue as a person held in these cells would not have the ability to exit the space on their own. • In order to meet current energy codes, lighting systems would need to be upgraded. Exterior walls would need to have continuous insulation added to them. Windows and doors would have to be replaced with energy efficient double pane 4.3 Space Needs Analysis The review and projection of space needs through a planning horizon of 2035 for police department square footage; and, year 2025 for all other departments, found the following square footage needs: The proposed relocation of departments into two new facilities is as follows: DEPARTMENT PLANNING HORIZON CURRENT 2015 PROGRAMMED Police Department 2035 4,788 9,009 All Other Departments 2025 9,007 9,092 Building Support 2025 257 2,145 TOTAL Net Square Footage 14,052 20,246 TOTAL BUILDING GROSS (120%)24,511 SPACE NEEDS ASSESSMENT - SEH, July 2015 DEPARTMENT PLANNING HORIZON PROGRAMMED NEW FACILITY Police Department Joint Public Safety Facility @ Buck Creek 2050 9,009 10,419 All Other Departments/Meeting Community Space Mountain Vista Office Building 2025 11,237 14,733 NEW FACILITY SQUARE FEET REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION V SECTION V MASTER PLANS, REVIEW & UPDATES, ZONING & SUBDIVISION 5.1 Master Plans 5.1.1 The Avon West Town Center District Investment Plan (District Plan) was completed in August of 2007, with the stated purpose to encourage and facilitate revitalization of the planning area (Appendix 3). Specific to Town Hall, the District Plan found the Town Hall building too small for its current use, outdated and lacking energy efficiency. The plan envisioned a new Town Hall that spanned both sides of a new Main Street (Fire Station and portion of parking lot and town park) to serve as a civic anchor. A larger program of commercial/retail, offices, civic uses, affordable and market rate housing was proposed for the facility. Once Town Hall was relocated, the current site would be sold ideally for a high quality hotel. The total projected cost was $18,400,000, with the goal of recouping monies through the sale of the site for the hotel. Since adoption of the District Plan, voters required that any land sale be approved at the ballot, the full Main Street has been developed the pedestrian mall and the economy has been challenging. The Mountain Vista Office Building meets the goals of the District Plan: support Town Hall relocation, provides for office spaces and a civic anchor in close proximity to the library, recreation center and the park and makes the current site available for a dynamic use. 5.1.2 The Master Plan for Harry A. Nottingham Park, 2008 (Park Plan) also identifies the relocation of Town Hall from its current site (Appendix 4). A highly collaborative process, the Park Plan found that once Town Hall was relocated the current site should be made available to the growth of the park, park support facilities, parking and a performance stage. 5.1.3 The Planning Review & Update – Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan and Lot 5 Development Plan (Plan Review and Update) was developed in the fall of 2016 (Appendix 5). Town Council retained Stan Clauson and Associates to assist the community in review all Town-owned Mountain Vista Office Building for future uses. For Town Hall, the Mountain Vista Office Building was identified as a preferred site, followed by the Fire Station. The Plan Review and Update expanded the opportunities for what could happen at the current Fire Station and Town Hall parcels, with adjoining parking lots and parks maintenance buildings. “Strong support was given at the Public Open House as well as in the Council work session for pursuing enhancements to the Park. The support was provided based on the understanding of the greater opportunity in costs of keeping Town Hall at its current location rather than providing community gathering spaces.” Ideas on what would be an approximately 4.5 acre site included field expansion, convention center, mixed use structures, and live/work. The Plan Review and Update is currently being evaluated by the Planning and Zoning Commission for recommendation to the Town Council as a master plan amendment. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION V 5.2 Zoning/PUD Uses No PUD amendment would be required for the Town to use the Property for a Town Hall. The Town approved the Lot C PUD Development Plan on February 22, 2000. Allowed uses include retail stores, restaurants, hotels, financial institutions, professional offices and “additional uses determined to be similar to allowed uses in accordance with the intent of this zone district, to be approved by the zoning administrator.” Town Hall use is essentially an office use and determining that Town Hall is an allowed use under the Lot C PUD Development Plan is within the discretion of the zoning administrator. The only recognized difference in the Avon Development Code is under Table 28-2 where the off-street parking requirement for Commercial Office is three (3) spaces per 1,000 sqft and the off-street parking requirement for Governmental Services and Offices is four (4) spaces per 1,000 sqft. Parking requirements are discussed further in Section VII. 5.3 Subdivision Acquisition will require a subdivision to create a practical consolidated lot that can be separated from the remainder of the Lot C PUD development and associated declarations. The lot proposed in provided in the Sales and Purchase Agreement. It is 10,840 square feet. The proposed subdivision as depicted would include the areas around Lot 4 as well as a 10’ setback on the north east and northwest sides of the building. Sec. 7.16.070 of the Avon Development Code sets forth subdivision procedures. The recommended subdivision will not require public improvements; therefore, the minor subdivision process is applicable. ADC Sec. 7.16.070(d) (2). Minor Subdivisions only require one step approval by the Town Council, after conducting a public hearing, and may be approved by resolution or ordinance. The review criteria for both preliminary and final plat review apply to the minor subdivision process. The building is already constructed on the Property, therefore, the only real issue for consideration is compliance with parking requirements if the Property is purchased and separated from the on-site parking constructed to serve this Property. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VI SECTION VI PARKING REQUIREMENTS 6.1 Overview of Parking Requirements Sec. 7.16.070 of the Avon Development Code states that the Development Code is applicable to federal, state, county and municipal governments to the extent permitted by law. Sec. 7.16.070(e)(1) states as the first review criteria that the proposed subdivision shall comply with all applicable use, density, development and design standards in the Development Code. As a result, parking requirements are outlined in Chapter 7.28 of the Avon Development Code and are applicable to Town Hall use of the building. Table 7.28-2 states the parking requirement is 4 parking spaces per 1,000 square feet of gross floor area for: • Public and Institutional Uses • Community Services • Government services, offices and facilities Available Parking Requirement Reductions -The Director may determine that a proposed use represents a combination of uses i.e. Government office and community center or Town Hall and Rec Center and apply a 15% reduction. 6.2 Parking Requirements – No additional parking is needed • The Mountain Vista Office Building – 55 Spaces The total gross floor area of the building is 16,273 square feet. The floor area is then reduced by 10% for the purpose of calculating parking requirements per Sec. 7.28.020(g) (3) which is 14,645 sq.ft. The Code requires 4 parking spaces per 1,000 sq.ft. for government services, which equals 59 parking spaces. 59 total parking spaces are required for Mountain Vista Lot 4. Sec. 7.28.020(g)(4)(ii) allows for the submittal of a parking demand study based on the Institute of Traffic Engineers Parking General Manual which can support further reduction of parking based on mixed uses and shared parking. Mixed-use projects can often support a further reduction of required parking by 15% based on this analysis. The Town Hall facility may be considered part of a mixed-use development grouping along with the Avon Recreation Center and Nottingham Park uses. 6.3 Long Term Parking, including Future Recreation Center Expansion • Recreation Center Expansion – 225 - 264 Spaces The parking analysis for the existing Recreation Center and Phase 2 Expansion yielded a total demand for 225 - 264 spaces. • Total Space Demand Projection: 274 – 321 Spaces 6.4 Parking: On-Site and Available in the Vicinity: 337 Spaces • 35 parking spaces are provided in the lot immediately adjacent to the building (owned by the Town and zoned Public) and count toward the minimum required parking • 25 on-street parking spaces are provided on W Benchmark Road immediately south of the building, but these may not be applied to count toward the parking requirement REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VI • 84 parking spaces are available on the northeast side of the Recreation Center parking lot just west of the building across W Benchmark Road • 39 additional parking spaces are available on the southwest side of the Recreation Center parking lot • 39 on-street parking spaces are provided on both sides of Lake Street • 23 parking spaces are available on the east side of the existing Town Hall building • An additional 38 parking spaces are available on the west side of the existing Town Hall building • 14 on-street parking spaces are available along W Benchmark Road on the south side of the Fire station • 40 new parking spaces may be developed on Benchmark Road, south of The Seasons (Estimated cost $250,000) 6.5 Alternative Parking Scenarios Avon’s Development Code has well detailed provisions for “off-site parking.” Sec. 7.28.020(4) of the Development Code states that the required parking must be on same lot as the building served by the parking, "except as otherwise provided in this Section.” There are two options for off-site parking: 1. Sec. 7.28.020(h) allows off-site parking where the required parking is on a different lot than the lot which contains the building served by the parking if approved by a PUD and if the parking is within 500’ of the building served. 2. Sec. 7.28.020(i) defines Public Parking Districts and Facilities and permits a “Public Parking District” to be defined and approved in the Avon Comprehensive Plan which may be owned by the Town. This option is easier and more straightforward to the nature of the project and surrounding Town property and allows the Town to establish a parking plan for the Town properties owned and designate this area a “Public Parking District”. Staff finds this scenario to be a reasonable solution to meet the parking requirement and be in conformance with the Town’s Development Code. Recommendation A total of 337 parking spaces may be designated in a Public Parking District based on the parking counts outlined above. The Town, therefore, should consider, at an appropriate time, a Comprehensive Plan update to define a “Public Parking District” comprised of Town properties that include the new Avon Town Hall, Recreation Center, Library, Nottingham Park, current Town Hall and Fire Station site. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VII SECTION VII RENOVATION & RELOCATION OPTIONS 7.1 Introduction The Short Elliott Hendrickson, Inc. (SEH) report reviewed six planning options for three sites, including the existing Town Hall site, Fire Station site and the Mountain Vista Office Building. These options were reviewed by the Town Council at the August 26, 2015, presentation of the SEH report. The Council subsequently, through a series of work sessions reviewed the planning work facilitated with the Clauson and Associates, which provided options for the citing of the Police Department and Town Hall. On February 23, 2016, by motion and vote, the Town Council approved a ballot question for the relocation of the Police Department to the Joint Public Safety Facility at Buck Creek, in an amount not to exceed $6.5M, with debt financing. 7.2 Town Hall Facility Location Options & Estimated Costs Bringing the Avon Town Hall Facility Assessment and Space Needs Analysis, Planning Review and Update for Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan, Lot 5 Development Plan together with the locational decision for the Police Department at Buck Creek, the following table summarizes the facility options and costs for the balance of Town Hall. The lowest cost Town Hall option is acquisition of the Mountain Vista Office Building at $1.5M, with final tenant improvements at $3,091,173, for a total of $4,591,173. When adding in the Police Department at Buck Creek, the total relocation of all Town Hall uses, with Town Hall at the Mountain Vista Office Building, is projected as the least cost option. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VII ITEM Remodel Town Hall 15,500 SF Demolish Town Hall & Rebuild at Site 13,700 SF Relocate to Mountain Vista Office Building 14,733 SF Relocate to Fire Station 13,700 SF TOTAL PROJECT $ 4,695,744 $ 5,846,502 4,591,173$ 5,837,989$ Demolition for Construction 378,376$ 364,934$ NA NA Demolition after Relocation NA NA 133,330$ 133,330$ Exterior Improvements 322,879$ NA NA NA Interior Improvements 2,385,375$ NA NA NA New Construction NA 3,448,000$ 1,999,630$ 3,639,816$ Site Improvements 48,540$ 134,893$ 14,823$ 240,455$ Sub-total Estimated Construction Cost 3,135,170$ 3,947,827$ 2,014,453$ 4,013,601$ General Contractor General Conditions - 5%156,759$ 197,391$ 100,723$ 200,680$ Total Estimated Construction Costs 3,291,929$ 4,145,218$ 2,115,176$ 4,214,281$ So t Costs GC ee, & , Construction Contingency 1,191,365$ 1,493,334$ 765,492$ 1,415,758$ FF&E 212,450$ 207,950$ 210,505$ 207,950$ Total Building Estimated Costs 4,695,744$ 5,846,502$ 3,091,173$ 5,837,989$ Land + Shell Building Acquisition NA NA 1,500,000$ NA TOTAL ESTIMATED PROJECT COST 4,695,744$ 5,846,502$ 4,591,173$ 5,837,989$ Land Acquisition & Project Costs 6,343,452$ 6,343,452$ 6,343,452$ 6,343,452$ TOTAL ALL TOWN HALL DEPARTMENTS 11,039,196$ 12,189,954$ 10,934,625$ 12,181,441$ TOWN HALL FACILITY LOCATION OPTIONS & ESTIMATED COSTS Administration, Human Resources, Clerk, Planning, Finance and Engineering Courtroom, Council Chambers, Meeting and Community Space Police Department at Buck Creek REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VIII SECTION VIII BUILDING INSPECTION REPORT & STRUCTURAL ENGINEERING LETTER 8.1 Introduction A commercial Building Inspection Report, dated April 21, 2014, was provided for the Town of Avon by Eagle Eye Home Inspections for the Mountain Vista Office Building. At that time, Points of Colorado repaired roof mounted forced air heating/cooling units, which were identified as a deficiency. Small minor repair items and entryway and sidewalk concrete slabs were accepted by the Town for Town repair. The Town also had two structural engineers review the building: Monroe & Newell (October, 2014) and KRM Consultants (December, 2014). Each firm independently concluded, based upon visual observation, the building to be in good structural condition. The building inspection report and structural engineering review were conducted again in February 2016. 8.2 Building Inspection Report – February 21, 2016 Eagle Eye Inspections conducted a thorough inspection of the building and found minor damage consistent with a building that is 15-years old. The inspection revealed two items related to the HVAC system: “North stairwell space heater fails to produce heat when thermostat is On” and “Outside/return air baffles are in varied positions (same position is expected when all thermostats are in one location and all settings are the same). Recommend further evaluation by an HVAC electronics technician.” As staff believes replacement of the HVAC system as part of the interior finishing will be required after, it is not recommended that repairs be made. Considering, however, that there are at least two (2) months of winter left before the intended Closing and in the interest of avoiding any distraction that may arise from HVAC operating issues during the public review process, staff noticed and suggested to Points of Colorado that they inspect the current HVAC system and perform maintenance or repair, if necessary, so that it is fully operational until Closing. There is a small list of other maintenance items Town staff believes are minor and which Town should accept "as is". There are no other inspection issues that are of concern to the Town staff. The complete report is provided in Appendix 6. 8.3 Structural Observation – February 28, 2016 KRM Consultants updated their independent analysis of the structural integrity of the buildings first completed in December 2014. The firm did not find any changes to the structural soundness of the building and did not observe anything unusual that would lead to believe there is a structural concern with the building. The consultant noted that if the Town is concerned with any potential building settlement, a geotechnical engineer can be hired to conduct additional analysis. Staff is not recommending additional analysis because any ground settlement is expected to have already occurred due to the age of the building. The report is found in Appendix 7. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION IX SECTION IX FUNDING & DEVELOPMENT SCHEDULE 9.1 Funding 8.1.1 Purchase of the Mountain Vista Office Building The adopted 2016 Capital Projects Fund includes funds Assigned For: Town Hall Relocation/ Renovation, in the amount of $1.5 Million. (See Appendix 8) 8.1.2 Building Finishes The SEH Avon Town Hall Facility Assessment and Space Needs Analysis projected all construction costs, FF&E and contingencies to be $3,091,173. The Avon Urban Renewal Authority has available funding resources to finance the improvements. Tax increment bonds would be the expected debt approach. Acquisition and building finishes do not require any new taxes or tax rate increases. 9.2 Development Schedule Should Town Council approve the purchase of the Mountain Vista Office Building, the development schedule is projected as follows: June 16, 2016 Real Estate Closing June 21 Appointment of Design Committee June 21 – November 1 RFQ for A&E, Design and Bid December – May 1 Construction May 1, 2017 Move in     TOWN COUNCIL REPORT  To:   Honorable Mayor Jennie Fancher and Avon Town Council  From:    Jim Horsley, Project Engineer     Eric Heil, Town Attorney     Meeting Date: March 22, 2016  Agenda Topic:  Resolution No. 16‐07, Approving Easements for the Metcalf Road Bicycle Climbing  Lane Construction Project        ACTION BEFORE COUNCIL  Review and approve Resolution No. 16‐07, Approving Easements for the Metcalf Road Bicycle  Climbing Lane Construction Project.    PROPOSED MOTION  I move to approve Resolution No. 16‐07, Approving Easements for the Metcalf Road Bicycle Climbing  Lane Construction Project.    DISCUSSION  The Metcalf Road Bicycle Climbing Lane Project consists of road widening to accommodate a 4’ to 6’  wide bicycle climbing lane in the uphill lane between Nottingham Road and Wildwood Road.  Also  included in the project are drainage improvements through the commercial area on the lower east  side and an asphalt overlay.  The attached easement agreements allow the selected contractor and  the Town the right of access to property to construct, repair, and maintain underground and  aboveground drainage facilities.  Proposed drainage facilities will be constructed within the existing  Town right‐of –way however access to private property will be required to construct and to tie in  minor grading changes.  Temporary Construction Easement Agreements are required for Lots #33,  #34, #35, #36, and #37. The term of the temporary construction easements shall begin on April 1, 2016  and expire on December 31, 2016. A permanent drainage easement on Lot #33 will remain in place  and is required for access to and maintenance of an existing storm drainage structure near the  Nottingham Road intersection. The project will be bid in April with construction taking place this  summer.  The Town Attorney has reviewed and approved the Agreements.         ATTACHMENTS:  Resolution No. 16‐07    RESOLUTION NO. 16-07 APPROVING EASEMENTS FOR THE METCALF ROAD BICYCLE CLIMBING LANE CONSTRUCTION PROJECT WHEREAS, the Avon Town Council has determined that the construction of a bicycle climbing lane on Metcalf Road and the construction of related drainage improvements will improve the public safety of Metcalf Road and will promote the goals of the Avon Comprehensive Plan; WHEREAS, the construction project will require a permanent easement and certain temporary construction easements and Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31- 15-101(1)(d) provides that municipalities may acquire and hold real property; and WHEREAS, the Town Council finds that approval of the attached Easement Agreement and Temporary Construction Easement Agreements will promote the health, safety, prosperity, convenience and general welfare of the Avon community by facilitating the construction of the Metcalf Road Bike Climbing Lane and valuable drainage improvements. NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the following Easement Agreements which are attached to this Resolution: Lot 33 – Easement Agreement with Beck Family Partnership, Ltd.; Lot 33 – Temporary Construction Easement Agreement with Beck Family Partnership, Ltd.; Lot 34 – Temporary Construction Easement Agreement with Dennis E. Havlik Revocable Trust – Bonnie J. Havlik Revocable Trust; Lot 35 – Temporary Construction Easement Agreement with ASC LLC; Lot 36 – Temporary Construction Easement Agreement with Vail Valley Auto Body Inc.; and Lot 37 – Temporary Construction Easement Agreement with Metcalf U-Stor-It LLC. ADOPTED March 22, 2016 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk 02555699.1 1 AFTER RECORDING RETURN TO: Thomas M. List, Esq. Moye White LLP 16 Market Square, 6th Floor 1400 16th Street Denver, CO 80202 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (“Easement Agreement”) is made this _____ day of _______, 2016 between Beck Family Partnership, Ltd., a Colorado limited partnership (“Owner”), whose address is PO Box 4030, Vail, Colorado 81658, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of TEN DOLLARS ($10.00), and other good and valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the Town, its successors and assigns, a non-exclusive perpetual easement and right-of-way (“Easement”) upon a portion of the land legally described as Lot 33, Block 1, Benchmark at Beaver Creek, Amendment 4 (“Owner Parcel”), and comprised of approximately 369 square feet of land being more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Easement Parcel”) to construct, install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, public roadway improvements, including all underground, surface and streetscape appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access on, along, and in all of the described Easement across those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado. Other than the right to construct, maintain and repair drainage improvements pursuant to the terms and conditions of this Easement Agreement, this Easement Agreement is not intended to benefit the general public and shall not be construed as creating rights in and for the benefit of the general public, nor shall it be construed to be a dedication to the general public or for the public use. 2. The Owner further grants to the Town: (a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any improvements, slopes and grades, or other structures constructed hereunder with any other number or type of utility facilities, slopes and grades, or other structures either in 02555699.1 2 the original location or at any alternate location or locations all of which shall be entirely within the Easement Parcel; provided that such enlargement, improvement, reconstruction, relocation and replacement as aforesaid shall not in any manner interfere with the use by Owner of the Owner Parcel. (b) the right to grant licenses and franchises within the Easement Parcel to common utility providers in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility providers in other Town right-of-ways, provided, however, Town shall provide to Owner written notice and a copy of any such license or franchise agreement for the Easement Parcel; (c) the right to conduct all activities within the Easement Parcel which a municipality may lawfully conduct within public right-of-ways, including, but not limited to, enforcement of municipal traffic code and parking code provisions and application of street access standards; and (d) the right to mark the location of the Easement Parcel by suitable markers set in the ground; provided that permanent markers shall be placed in locations which will not interfere with any use Owner shall make of the Owner Parcel. 3. Owner reserves the right to use the Owner Parcel and the Easement Parcel for purposes which will not interfere with Town’s full enjoyment of the rights hereby granted. The parties further agree that the Owner’s use of the Easement Parcel shall be subject to the following restrictions and conditions: (a) Owner shall not erect or construct any building or other permanent structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement Parcel without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement Parcel without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (c) Owner shall take no action nor shall otherwise knowingly permit any activity, event, or permanent or temporary structure which interferes with the movement of pedestrian, non-motorized or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and other lawful purposes within the Easement Parcel in 02555699.1 3 which the Town may use right-of-ways generally. 4. Town agrees that plans for construction of any improvements within the Easement Parcel will be provided to Owner prior to commencement of construction. To the fullest extent permitted by law, Town will indemnify, defend and hold Owner harmless from all causes of action, claims, suits, judgments, losses, actual damages and costs (including without limitation reasonable attorneys’ fees) incurred by the Owner or then current owners of the fee title to the Owner Property as a result of the use of the Easement Parcel by the Town, its officers, employees, contractors, agents or invitees or any other person and/or the negligence or willful misconduct on the part of Town, its officers, employees, contractors, agents or invitees in carrying out the obligations of the Town under this Easement Agreement. This indemnification provision shall survive termination or expiration of this Easement Agreement. Except as otherwise provided herein, nothing in this Easement Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents, contractors or representatives shall dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Easement Parcel. 5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement Parcel to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement Parcel or the balance of the Owner Parcel becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Agreement, at law, or equity. 6. The Town shall insure the Easement Parcel and include the same in its commercial general liability policies, which policies shall be maintained in commercially reasonable amounts. Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually. 7. The parties agree that neither party has made or authorized any agreement with respect to this Easement Agreement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 02555699.1 4 8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its heirs and assigns, that at the time of the unsealing and delivery of these presentments, Owner is well seized of the Easement above conveyed, has good and marketable title in fee simple to the Easement Parcel, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement Parcel. 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 10. The Owner or then current owners of the fee title to the Owner Property shall, at all times during the term of this Easement Agreement, have the right to mortgage or encumber that portion of the Easement Parcel which it owns, as well as all of its right, title and interest hereunder, in favor of and as additional security to the holder of a mortgage or deed of trust relating to the Owner Property; provided, however, that the Easement Parcel shall not be impaired by any foreclosure or deed in lieu of foreclosure of such security interest relating to the Owner Property. 11. The term of this Easement Agreement shall be perpetual; provided, however, this Easement Agreement shall terminate in its entirety and shall be of no further force or effect upon (i) the recording of a written termination of this Easement Agreement signed by the Town and the Owner or then current owners of the fee title to the Owner Property, (ii) a breach by Town of the terms and conditions of this Easement Agreement (beyond notice and reasonable cure period), or (iii) Town shall abandon the Easement Parcel. Upon such termination, the Easement Parcel will revert to the Owner or then current owners of the fee title to the Owner Property. 12. The parties agree that this Easement Agreement shall be duly recorded in the office of the Clerk and Recorder of Eagle County, State of Colorado. 13. The parties agree that this Easement Agreement contains the entire understanding and agreement between the parties and cannot be amended, modified or supplemented in any way, except by written agreement executed by all parties, or the applicable successors and assigns, and duly recorded in the office of the Clerk and Recorder of Eagle County, State of Colorado. 14. If any provision of this Easement Agreement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality, or enforceability of any other provision of this Easement Agreement, and there shall be substituted for the affected provision(s) 02555699.1 5 a valid and enforceable provision(s) as similar as possible to the affective provision(s). 15. This Easement Agreement shall be governed by the laws of the State of Colorado. 16. In the event any party commences any action or proceeding against any other party in order to enforce the provisions hereof, such party’s remedies shall be limited to injunctive relief and damages for the alleged breach of any of the provisions hereof, and neither party shall have the right to terminate this Easement Agreement, except as set forth in Section 11, above. The prevailing party in any such action (as may be specifically determined by a court of competent jurisdiction) shall be entitled to recover, in addition to any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including reasonable attorneys' fees. 17. This Easement Agreement may be executed in counterparts with the same effect as if all the parties had executed the same instrument. 18. Any notice required or permitted to be given hereunder must be in writing and may be given by personal delivery (including delivery by nationally recognized overnight courier or express mailing service), or by registered or certified mail, postage prepaid, return receipt requested, addressed to Owner at the address(es) designated below, or to the Town at the address(es) designated below. Either party may, by written notice to the other, specify a different address for notice purposes. Notice given in the foregoing manner shall be deemed given (i) upon confirmed transmission if sent by facsimile transmission, provided such transmission is prior to 5:00 p.m. on a business day (if such transmission is after 5:00 p.m. on a business day or is on a non-business day, such notice will be deemed given on the following business day), (ii) when actually received or refused by the party to whom sent if delivered by a carrier or personally served or (iii) if mailed, on the day of actual delivery or refusal as shown by the certified mail return receipt or the expiration of three (3) business days after the day of mailing, whichever first occurs. If to Owner: Beck Family Partnership, Ltd. Attn: Andy Beck P.O. Box 4030 Vail, Colorado 81658 with simultaneous copies to: Moye White LLP Attn: Thomas M. List, Esq. 16 Market Square, 6th Floor 1400 16th Street 02555699.1 6 Denver, CO 80202 If to Town: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 02555699.1 7 IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. BECK FAMILY PARTNERSHIP, LTD. a Colorado limited partnership By:____________________________ Its:____________________________ STATE OF _____________________________ } } ss. COUNTY OF ___________________________ } Subscribed and sworn to before me this _______ day of ___________, 2016, by _________________ as ________________[Title]. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public 02555699.1 8 TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of ______, 2016, by Jennie Fancher as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public EXHIBIT A LEGAL DESCRIPTION FOR PERMANENT DRAINAGE EASEMENT A parcel of land located in Lot 33, Block 1, Benchmark at Beaver Creek, Amendment No. 4, as recorded in Book 274 at Page 701 under Reception Number 171107, at the Office of the Clerk and Recorder of Eagle County, Colorado and being more particularly described as follows: The True Point of Beginning being at the southwest corner of Lot 33 and the easterly right of way line of Metcalf Road and the northerly right of way line of Nottingham Road; Thence N2047’07”W along said easterly right of way line of Metcalf Road and the west line of Lot 33 a distance of 31.25 feet to a point; Thence S5539’34”E a distance of 41.24 feet to a point on the south line of Lot 33 and the north right of way line of Nottingham Road and on a non-tangent curve to the left having a radius of 4808.78 feet; Thence 23.72 feet along said curve through a central angle of 00°16’57” and a chord bearing S75°28’22”W a distance of 23.72 feet to the True Point of Beginning. The above parcel contains 369 square feet (0.009 acres) more or less; Date: February 1, 2016 Prepared by: John D. McMahan P.L.S. 37934 Colorado Licensed Professional Land Surveyor On behalf of Inter-Mountain Engineering IME Project Number: 15-0011 Temporary Construction Easement Agreement Page 1 of 5 02555698.1 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: Beck Family Partnership, Ltd., a Colorado limited partnership (“Owner”), whose address is PO Box 4030, Vail, Colorado 81658, in consideration of Ten Dollars ($10.00), to be paid upon providing written notice of commencement of construction by the Town, and other good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF AVON (“Town” or “Grantee”), a Colorado home rule municipality, whose address is P. O Box 975, Avon, Colorado 81620, a non-exclusive temporary construction easement, subject to the terms and conditions contained in this Temporary Construction Easement Agreement (“Easement Agreement”) for the purpose of establishing and maintaining site grades and drainage compatible with the 2016 Metcalf Road Bicycle Climbing Lane Project over and across the tract of land described in paragraph 1 below. The parties further agree as follows: 1. Owner is the owner of that certain real property described as Lot 33, Benchmark at Beaver Creek, Amendment No. 4, 0780 Nottingham Road, Avon, Colorado (“Property”). Owner grants to the Town a temporary construction easement on a portion of the Property for the purpose of constructing the improvements as described in Exhibit A attached hereto (“Easement Parcel”). The term of this temporary construction easement shall begin on April 1, 2016, and shall automatically expire and be of no further force or effect on December 31, 2016 (“Term”). Notwithstanding the foregoing, this Easement Agreement shall terminate in its entirety and shall be of no further force or effect upon (i) the recording of a written termination of this Easement Agreement signed by the Town and the Owner or then current owners of the fee title to the Property, (ii) a breach by the Town of the terms and conditions of this Easement Agreement (beyond notice and reasonable cure period), or (iii) the Town shall abandon the Easement Parcel. Upon such termination, the Easement Parcel will revert to the Owner or then current owners of the fee title to the Property. 2. Town agrees that it will provide written notice of commencement of construction to the Owner prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10.00) as the stated monetary consideration above along with tendering the written notice of commencement of construction and reimbursement to Owner of attorney’s fees incurred in negotiating this Easement Agreement in the sum of $____________. In the event that Owner seeks improvements to the remainder of the Property during the Term which conflict with the terms of this Easement Agreement, Town agrees to consider modifications to this Easement Agreement that accommodate Owner’s desire to improve the Property while allowing the Town to use the Easement Parcel to construct the improvements described in Exhibit A pursuant to the terms of this Easement Agreement. Temporary Construction Easement Agreement Page 2 of 5 02555698.1 3. To the fullest extent permitted by law, Town will indemnify, defend and hold Owner harmless from any and all causes of action, claims, suits, judgments, losses, actual damages and costs (including without limitation reasonable attorneys’ fees) incurred by the Owner or then current owners of the fee title to the Owner Property as a result of the use of the Easement Parcel by the Town, its officers, employees, contractors, agents or invitees or any other person and/or the negligence or willful misconduct on the part of Town, its officers, employees, contractors, agents or invitees in carrying out the obligations of the Town under this Easement Agreement. This indemnification provision shall survive termination or expiration of this Easement Agreement. 4. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement Parcel or the Property to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement Parcel or the balance of the Property becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Agreement, at law, or equity. 5. The Town agrees that it will not dispose of, generate, manufacture, release or store environmentally hazardous substances (other than de minimis amounts) on or about the Property, and that any fill deposited shall not contain any environmentally hazardous substances. To the fullest extent permitted by law, Town will indemnify, defend and hold Owner harmless from any and all causes of action, claims, suits, judgments, losses, actual damages and costs (including without limitation reasonable attorneys’ fees) incurred by Owner or then current owners of the fee title to the Property as a result of any introduction of environmentally hazardous materials in breach of this Paragraph 5 by the Town, its officers, employees, contractors, agents or invitees or any other person. The indemnification provision contained in this Paragraph 5 shall survive termination or expiration of this Easement Agreement. 6. Upon completion of construction of the Metcalf Road Bicycle Climbing Lane Project, all materials placed by the Town on the Property (including construction materials and debris) will be removed from the Property, at the Town’s sole cost and expense, and the Property will be returned to the same condition as existed prior to the Town’s permitted use of the Easement Parcel, except as specified in the attached Construction Plans. If the Town fails to return the Property to the condition that existed prior to the Town’s use of the Property or fails to grade and establish drainage for the Property consistent with the attached Construction Plans, the Town will promptly reimburse Owner for any and all costs reasonably incurred by Owner in returning the Property to its prior condition or in establishing grading and drainage on the Property Temporary Construction Easement Agreement Page 3 of 5 02555698.1 consistent with the attached Construction Plans. The Town shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement Parcel without obtaining the specific written permission of the Owner, which permission shall not be unreasonably withheld, conditioned or delayed. The Town shall take no action nor shall otherwise knowingly permit any activity, event, or permanent or temporary structure which interferes with the movement of pedestrian, non-motorized or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and other lawful purposes within the Easement Parcel. 7. The construction documents for the Metcalf Road Bicycle Climbing Lane Project will include the Property in the project limits, and the contractor will be required to provide general liability insurance in commercially reasonable amounts, covering all construction activity on the Property, consistent with the remainder of the Metcalf Road Bicycle Climbing Lane Project site, which general liability insurance shall name Beck Family Partnership, Ltd., as an additional insured. The Town shall deliver the certificate of insurance naming Beck Family Partnership, Ltd., as an additional insured prior to its use of the Easement Parcel. 8. All notices, requests, demands, and other communications required or permitted to be given under this Easement Agreement shall be in writing and sent to the addresses set forth below. Each communication shall be deemed duly given and received: (i) as of the date and time the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight delivery service, on the next day after receipted deposit with same. Owner: Beck Family Partnership, Ltd. Attn: Andy Beck P.O. Box 4030 Vail, Colorado 81658 with simultaneous copies to: Moye White LLP Attn: Thomas M. List, Esq. 16 Market Square, 6th Floor 1400 16th Street Denver, CO 80202 Town of Avon: Town of Avon One Lake Street P.O. Box 975 Temporary Construction Easement Agreement Page 4 of 5 02555698.1 Avon, CO 81620 Attn: Town Engineer 9. During the Term, Owner reserves all rights attendant to its ownership of the Property including, but not limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is consistent with and does not impair any grant herein contained, and (b) the right of Owner or then current owners of the fee title to the Property to sell and convey the Property or mortgage or encumber the Property in favor of and as additional security to the holder of a mortgage or deed of trust relating to the Property; provided, however, that the Easement Parcel shall not be impaired by any foreclosure or deed in lieu of foreclosure of such security interest relating to the Property. 10. Owner covenants and agrees that it has good title to the Property and that it has good and lawful right to grant this Easement Agreement, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Property. 11. In the event of any dispute resulting in litigation hereunder, the prevailing party shall be entitled to recover all costs and expenses reasonably incurred by it in connection with the enforcement of this Easement Agreement, including reasonable attorneys’ fees and costs in connection therewith. This provision shall survive termination of this Easement. 12. This instrument is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other modification shall have any force or effect, unless embodied in this Easement Agreement in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written amendment to this agreement properly executed by the Parties. No oral representation of any kind preceding the date of this Easement Agreement by any officer, employee, or agent of Owner at variance with the terms and conditions of this Easement Agreement, or with any written amendment to this Agreement, shall have any force or effect nor bind the Owner. This Easement Agreement and any amendments to it shall be binding upon the parties and their successors and assigns. If any provision of this Easement Agreement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality, or enforceability of any other provision of this Easement Agreement, and there shall be substituted for the affected provision(s) a valid and enforceable provision(s) as similar as possible to the affective provision(s). 13. Each and every term, condition, or covenant of this Easement Agreement is subject to and shall be construed in accordance with the provisions of Colorado law, any applicable state or federal law. Such applicable law as may be amended from time to time, is expressly Temporary Construction Easement Agreement Page 5 of 5 02555698.1 incorporated into this Easement Agreement as if fully set out by this reference. Venue for any action arising out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado. 14. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 15. This Easement Agreement may be executed in counterparts with the same effect as if all the parties had executed the same instrument. IN WITNESS WHEREOF, the Owner has executed this Temporary Construction Easement Agreement on the date first written above. By:__________________________ Date: ____________ STATE OF _____________ ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of ___________, 2016, by ___________________________. Witness my hand and official seal. My commission expires:_________ _________________________ Notary Public Easement Agreement accepted and approved by the Town of Avon. By:____________________________ Date:_____________ Jennie Fancher, Mayor Attest:__________________________ Debbie Hoppe, Town Clerk EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land located in Lot 33, Block 1, Benchmark at Beaver Creek, Amendment No. 4, as recorded in Book 274 at Page 701 under Reception Number 171107, at the Office of the Clerk and Recorder of Eagle County, Colorado and being more particularly described as follows: Commencing at the southwest corner of Lot 33 and the easterly right of way line of Metcalf Road and the northerly right of way line of Nottingham Road; Thence N2047’07”W along said easterly right of way line of Metcalf Road and the west line of Lot 33 a distance of 31.25 feet to the True Point of Beginning of the parcel herein described; Thence continuing N2047’07”W along said easterly right of way line of Metcalf Road and the west line of Lot 33 a distance of 137.96 feet to a point; Thence N6912’53”E a distance of 10.00 feet to a point; Thence S20°47’07”E a distance of 152.31 feet to a point; Thence N55°39’34”W a distance of 17.49 feet to the True Point of Beginning; The above parcel contains 1,452 square feet (0.033 acres) more or less; Date: February 1, 2016 Prepared by: John D. McMahan P.L.S. 37934 Colorado Licensed Professional Land Surveyor On behalf of Inter-Mountain Engineering IME Project Number: 15-0011 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land located in Lot 34, Block 1, Benchmark at Beaver Creek, Amendment No. 4, as recorded in Book 274 at Page 701 under Reception Number 171107, at the Office of the Clerk and Recorder of Eagle County, Colorado and being more particularly described as follows: Commencing at the southwest corner of Lot 34 and the easterly right of way line of Metcalf Road; Thence N2047’07”W along said easterly right of way line of Metcalf Road and the west line of Lot 34 a distance of 7.5 feet to the True Point of Beginning of the parcel herein described; Thence continuing N2047’07”W along said easterly right of way line of Metcalf Road and the west line of Lot 34 a distance of 115.00 feet to a point; Thence N6912’53”E a distance of 8.00 feet to a point; Thence S20°47’07”E a distance of 115.00 feet to a point; Thence S69°12’53”W a distance of 8.00 feet to the True Point of Beginning; The above parcel contains 920 square feet (0.021 acres) more or less; Date: February 1, 2016 Prepared by: John D. McMahan P.L.S. 37934 Colorado Licensed Professional Land Surveyor On behalf of Inter-Mountain Engineering IME Project Number: 15-0011 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land located in Lot 35, Block 1, Benchmark at Beaver Creek, Amendment No. 4, as recorded in Book 274 at Page 701 under Reception Number 171107, at the Office of the Clerk and Recorder of Eagle County, Colorado and being more particularly described as follows: Commencing at the southwest corner of Lot 35 and the easterly right of way line of Metcalf Road and on a curve to the right having a radius of 1156.18 feet; Thence 7.51 feet along said curve and easterly right of way line of Metcalf Road through a central angle of 0022’19” and a chord which bears N2035’58”W a distance of 7.51 feet to the True Point of Beginning; Thence continuing along said easterly right of way of Metcalf Road on a curve to the right having a radius of 1156.18 feet; Thence 110.30 feet along said curve and easterly right of way line of Metcalf Road through a central angle of 0527’57” and a chord which bears N1740’50”W a distance of 110.26 feet to a point; Thence N7525’27”E a distance of 10.00 feet to a point on a non-tangent curve to the left having a radius of 1146.18 feet; Thence 109.21 feet along said curve through a central angle of 0527’34” and a chord which bears S1740’50”E a distance of 109.17 feet to a point; Thence S69°12’53”W a distance of 10.00 feet to the True Point of Beginning; The above parcel contains 1,098 square feet (0.025 acres) more or less; Date: February 1, 2016 Prepared by: John D. McMahan P.L.S. 37934 Colorado Licensed Professional Land Surveyor On behalf of Inter-Mountain Engineering IME Project Number: 15-0011 EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land located in Lot 36, Block 1, Benchmark at Beaver Creek, Amendment No. 4, as recorded in Book 274 at Page 701 under Reception Number 171107, at the Office of the Clerk and Recorder of Eagle County, Colorado and being more particularly described as follows: Commencing at the southwest corner of Lot 36 and the easterly right of way line of Metcalf Road and on a curve to the right having a radius of 1156.18 feet; Thence 7.50 feet along said curve and easterly right of way line of Metcalf Road through a central angle of 0022’18” and a chord which bears N1423’24”W a distance of 7.50 feet to the True Point of Beginning; Thence continuing along said easterly right of way of Metcalf Road on a curve to the right having a radius of 1156.18 feet; Thence 62.50 feet along said curve and easterly right of way line of Metcalf Road through a central angle of 0305’50” and a chord which bears N1239’20”W a distance of 62.49 feet to a point; Thence N1106’25”W a distance of 82.74 feet to a point; Thence N8952’54”E a distance of 10.19 feet to a point; Thence S1106’25”E a distance of 80.80 feet to a point on a curve to the left having a radius of 1146.18 feet; Thence 61.89 feet along said curve through a central angle of 0305’38” and a chord which bears S1239’14”E a distance of 61.89 feet to a point; Thence S75°25’27”W a distance of 10.00 feet to the True Point of Beginning; The above parcel contains 1,440 square feet (0.033 acres) more or less; Date: February 1, 2016 Prepared by: John D. McMahan P.L.S. 37934 IME Project Number: 15-0011 Colorado Licensed Professional Land Surveyor On behalf of Inter-Mountain Engineering EXHIBIT A LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT A parcel of land located in Lot 37, Block 1, Benchmark at Beaver Creek, Amendment No. 4, as recorded in Book 274 at Page 701 under Reception Number 171107, at the Office of the Clerk and Recorder of Eagle County, Colorado and being more particularly described as follows: Commencing at the southwest corner of Lot 37 and the easterly right of way line of Metcalf Road; Thence N1106’25”W along said easterly right of way line of Metcalf Road and the west line of Lot 37 a distance of 7.64 feet to the True Point of Beginning of the parcel herein described; Thence continuing N1106’25”W along said easterly right of way line of Metcalf Road and the west line of Lot 37 a distance of 162.99 feet to a point; Thence N8952’54”E a distance of 10.19 feet to a point; Thence S11°06’25”E a distance of 162.99 feet to a point; Thence S89°52’54”W a distance of 10.19 feet to the True Point of Beginning; The above parcel contains 1,630 square feet (0.037 acres) more or less; Date: February 1, 2016 Prepared by: John D. McMahan P.L.S. 37934 Colorado Licensed Professional Land Surveyor On behalf of Inter-Mountain Engineering IME Project Number: 15-0011 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MARCH 8, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 03-08-2016 Minutes Page 1 1. CALL TO ORDER & ROLL CALL 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, Megan Burch, Scott Prince and Sarah Smith Hymes. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Town Engineer Justin Hildreth, Police Chief Bob Ticer, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Recreation Director John Curutchet, Public Works Director Gary Padilla, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT Michael Cacioppo commented 4. PRESENTATION – AVON POLICE DEPARTMENT LIFESAVING AWARDS (POLICE CHIEF BOB TICER) START TIME 00:10:35 5. ACTION ITEMS START TIME 00:17:51 5.1. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR APRÈS AVON SPRING CONCERTS ON POSSIBILITY PLAZA ON THE MAIN STREET MALL (PEAK PERFORMANCE INC. – MIKE O’BRIEN) Mayor Fancher opened the Public Hearing and no comments were made. Mayor Pro Tem Wolf moved to approve the Amplified Sound Permit Application for the Après Avon Spring Concerts on Friday, March 18 and Friday, March 25, 2016, as presented; and to condition the application with the Town Manager being able to require the producer to lower the volume of the amplified sound, when, in her discretion, the music is louder than appropriate for the surrounding properties; Councilor Burch seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 5.2. FIRST READING OF ORDINANCE NO 15-11, AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TABLE 7.16-1 AND SECTION 7.16.060(H)(1) CONCERNING AMENDMENTS TO WILDRIDGE PUD APPLICATIONS – CONTINUED FROM NOVEMBER 17, 2015 (PLANNING DIRECTOR MATT PIELSTICKER) Beverly McBride, Tab Bonidy, Michael Cacioppo, David Strandjord, Phil Stuve, Dominic Mauriello commented. Councilor Prince moved to approve Ordinance 2015-11 (Exhibit A), thereby approving Case #CTA15001, an application for a code text amendment pertaining to the Wildridge Subdivision, to add a new Section 7.16.060(h)(1)(iii) Amendments to Wildridge PUD to the Avon Development Code and edit Table 7.16-1 accordingly, together with the findings of fact with minor clerical corrections only as directed by Council; Councilor Reynolds seconded the motion and it passed on a 5 to 1 vote. Mayor Pro Tem Wolf voted no. Councilor Gennett was absent. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MARCH 8, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 03-08-2016 Minutes Page 2 5.3. PUBLIC HEARING RESOLUTION 16-05, APPROVING A MINOR PUD AMENDMENT TO THE RIVERSIDE PUD (PLANNING DIRECTOR MATT PIELSTICKER) Councilor Prince recused himself due to a conflict. Mayor Fancher opened the Public Hearing and Dominic Mauriello commented. Councilor Smith Hymes moved to approve Resolution 16-05, A Resolution approving a Minor PUD Amendment Application to the Riverside PUD with the additional language as presented in the zoning analysis under proposed zoning. Direction was provided to the applicant and Town staff to ensure that it does not fall within the 100 year flood plain; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Prince was absent from vote. Councilor Gennett was absent. 5.4. PUBLIC HEARING – FOR THE POLICE DEPARTMENT AT THE PUBLIC SAFETY FACILITY - SECOND READING OF ORDINANCE NO. 16-02, AUTHORIZING THE FINANCING OF CERTAIN PUBLIC IMPROVEMENTS OF THE TOWN, AND IN CONNECTION THEREWITH AUTHORIZING THE LEASING OF CERTAIN TOWN PROPERTY AND THE EXECUTION AND DELIVERY BY THE TOWN OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, A DISCLOSURE CERTIFICATE, A PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND MATTERS RELATING TO CERTAIN CERTIFICATES OF PARTICIPATION, SERIES 2016; SETTING FORTH CERTAIN PARAMETERS AND RESTRICTIONS WITH RESPECT TO THE FINANCING; AUTHORIZING OFFICIALS OF THE TOWN TO TAKE ALL ACTION NECESSARY TO CARRY OUT THE TRANSACTIONS CONTEMPLATED HERBY; RATIFYING ACTIONS PREVIOUSLY TAKEN; AND PROVIDING OTHER MATTERS RELATED THERETO (TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the Public Hearing. Michael Cacioppo, David Stranjourd and Mark Kogan commented. Councilor Reynolds moved to approve second and final reading of Ordinance No. 16–02, Authorizing the Financing of Certain Public Improvements of the Town, and in Connection therewith Authorizing the Leasing of Certain Town Property and the Execution and Delivery by the Town of a Site Lease, a Lease Purchase Agreement, a Disclosure Certificate, a Preliminary Official Statement and other Documents and Matters Relating to Certain Certificates of Participation, Series 2016; Setting forth Certain Parameters and Restrictions with Respect to the Financing; Authorizing Officials of the Town to take all action necessary to Carry out the Transactions Contemplated herby; Ratifying actions previously taken; and providing other Matters related thereto; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Gennett was absent. 6. WORK SESSION START TIME 01:54:44 REVIEW OF A PURCHASE AND SALES AGREEMENT FOR THE TOWN TO PURCHASE THE MOUNTAIN VISTA OFFICE BUILDING FROM POINTS OF COLORADO, INC., FOR $1.5 MILLION AND COUNCIL REPORT (TOWN ATTORNEY ERIC HEIL) Tab Bonidy, Peter Buckley, Kenneth Howell, Michael Cacioppo, David Stranjord, Angelo Loria, Mark Kogan, Robert Matarese, Kathy Ryan, Dominic Mauriello, Phil Stuve and Ruthie Stanley commented. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MARCH 8, 2016 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 03-08-2016 Minutes Page 3 Councilor Gennett arrived at 8:44 p.m. 7. ACTION ITEMS START TIME 03:54:22 7.1. RESOLUTION 16-04, APPROVING THE UPDATED FEE SCHEDULE FOR ZONING, SUBDIVISION, AND DESIGN AND DEVELOPMENT REVIEW APPLICATIONS (PLANNING DIRECTOR MATT PIELSTICKER) Mayor Pro Tem Wolf moved to approve Resolution 16-04, a Resolution approving the updated fee schedule for zoning, subdivision and design and development review applications; Councilor Reynolds seconded the motion and it passed unanimously by those present. 7.2. MINUTES FROM FEBRUARY 23, 2016 MEETING (TOWN CLERK DEBBIE HOPPE) Mayor Pro Tem Wolf moved to approve the minutes from the February 23, 2016 meeting. Councilor Reynolds seconded the motion and it passed unanimously by those present. 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9. MAYOR & COUNCIL COMMENTS 10. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:25 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 ________________________________ Council Report – Food Trucks on Town Property/Right-of-Ways and MVC’s in Park Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Danita Dempsey, Director of Festivals & Special Events Virginia C. Egger, Town Manager Meeting Date: March 22, 2016 Agenda Topic: Review and Direction in Regards to Allowing One or More Food Trucks to Operate on Town Property and Right-of-Ways; and, to Allowing One or More Mobile Vendor Carts to Operate at Harry A. Nottingham Park at Designated Locations ACTION BEFORE COUNCIL To review and offer direction in regards to allowing one or more food trucks to operate on Town property and right-of-ways; and/or to allowing mobile vendor carts in the Harry A. Nottingham Park, in designated locations. PROPOSED MOTION This is not an action item. If Council determines that food trucks and/or mobile vendor carts are desired, a resolution will be prepared for locations and an ordinance prepared for food trucks. The action items would be presented at the April 12, 2016, Council meeting. BACKGROUND Mayor Jennie Fancher and Mayor Pro Tem Jake Wolf asked staff to review and make recommendations whether mobile vending carts should be allowed in Nottingham Park; and, whether food trucks should be permitted on Town property and right-of-ways, respectively. Based upon a staff collaborative review, staff offers the following: FOOD TRUCKS ON TOWN PROPERTY AND RIGHT-OF-WAYS Food truck operations are currently allowed on private property under the definition of Temporary Use in AMC 7.24.080 (e) (1) Temporary Structures and (3) Outdoor Sales or Events.  AMC 7.24.080(f) (1) exempts outdoor sales and events that do not exceed five (5) calendar days in a calendar year; a food truck for up to five (5) days in a calendar year is permissible without Town approval.  Administrative approval can be given for up to 30 days.  For longer term operations, Planning and Zoning review and approval is required.  Over the past couple of years, the Burrito Gondola/Cart on the Westin Plaza was approved on private property. In the code, there is a comprehensive list of review criteria that apply for review of Temporary Uses. In evaluating the opportunity to permit food trucks in the commercial core on public property, staff completed outreach to local restaurants. Of the ten (10) restaurants contacted by phone and/or email, during the period of March 7 through March 10, 2016, six (6) restauranteurs provided Council Report – Food Trucks on Town Property/Right-of-Ways and MVC’s in Park Page 2 feedback. The responses were varying in support stating “higher concentration of dining options in Avon will benefit all business”; and, “adding permanent vendor truck/carts would not increase the total sales tax collected for the town, but would negatively affect the individual businesses and might put some out of business”; and, “food trucks kill local restaurants. If that’s your goal, you’ll love them”. Additionally, two restaurants offered the Town should not allow food trucks in the “shoulder season”, when it is already difficult to attract business. In preparation for Tuesday’s work session, notice of this topic was included in Avon’s regular Vail Daily ad on March 21st, and an email of this memo was sent to all restaurants in the commercial core on March 17th. In considering the potential locations for food trucks, should Council wish to provide permitting, staff evaluated locations based upon: 1) If a site provided for easy walkability for patrons of the food truck business; 2) The gathering of patrons on adjacent sidewalks would not unduly impede pedestrian traffic flow; and, 3) The general carrying capacity of a location when considering vehicular and bus traffic volumes. As a result, what may be considered an obvious location for a food truck, the parking spaces on West Benchmark in front of the Mall, was eliminated as an area too busy with vehicular and bus traffic, delivery trucks and occasional use for staging events at the Mall. The spaces have also become popular for daily vehicular parking. In order of priority, the following locations were determined available to accommodate one food truck: See Exhibit A  Number of Locations - Up to four (4) locations: 1. Recreation Center West parking lot, west side of the lot closest to the grassy area; this location would not be available during festivals. 2. East Benchmark Road in the current Christy Sports bus pullout. This bus pullout has low ridership and is in proximity to the City Market bus pullout. The location is also next to the Town’s small open space parcel. 3. West Beaver Creek Boulevard in two (2) on-street parking spaces, located on north side of the Road, in front of the Post Office. 4. West Beaver Creek Boulevard in two (2) on-street parking spaces located on south side of the Road, in front of Avon Center.  Months of Operation – January – April Closing of the Ski Area and, July - September  Regulations The Town has adopted regulations for Mobile Vendor Carts (MVC) on the Main Street Mall, which can be made applicable to food trucks, with some modifications. The current regulations, which are developed and implemented by the Town Manager, include:  Permit Term  Days and Hours of the Operation  Permit Area & Refuse Plan  Size and Type of MVC  Signage Council Report – Food Trucks on Town Property/Right-of-Ways and MVC’s in Park Page 3  Fees  Insurance &Indemnification  Spaces approved on a first qualified, first permitted basis VENDOR CARTS IN NOTTINGHAM PARK Vendors are allowed as peddlers in Nottingham Park through a permitting process. Vendors are not allowed at this time to set up sales in one location. Recommendations to allow permanent daily location, with removal each evening, are as follows:  Number of locations - Up to four (4) locations  Locations & Number per Site – See Exhibit B 1. One cart – North side of the park, near pedestrian bridge in northwest corner of lake. 2. Two carts – North side of the park, on the east side of the fishing pier, near water’s edge. 3. One cart – South side of the park, near boat docks and across recreational path log cabin; this location would not be permitted to operate during festivals.  Months of Operation – Memorial Day through Labor Day  Outdoor Use of Amplified Sound – Per AMC 5.24 an Amplified Sound Permit would be required to use a loudspeaker, radio/IPod with speakers, etc. however, considering the level of public activity and enjoyment to all park user’s, it is staff’s recommendation to not allow amplified sound to emit from MVC’s in the park  Regulations - Mobile Vendor Carts (MVC) regulations adopted for carts on the Main Street Mall ATTACHMENTS: Exhibit A – Food Truck Locations on Town Property and Right-Of-Ways Exhibit B – MVC Locations in Nottingham Park 0 230115Feet This map was produced by the Community Development Department.Use of this map should be for general purposes only.Town of Avon does not warrant the accuracy of the data contained herein.Author: JTK, 03/06/12Aerial: (c) 2010 Microsoft Corporation and its data suppliersFood Truck Locations Map LAK E S T MILLIE S L N This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Author: JTK, 11/17/10I Park - Mobile Vendor Carts 0 350175FeetSidewalks/ TrailsStreets RailroadLakes and Rivers Nottingham Lake Eagl e R i v e r Eagle River TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Councilors Megan Burch and Sarah Smith Hymes Meeting Date: March 22, 2016 Agenda Topic: Request to Set a Date for a Town Clean-up Day on May 14th and Funding of $3,500 ACTION BEFORE TOWN COUNCIL Councilors Megan Burch and Sarah Smith Hymes are requesting the Town Council to set a date for an all-Town clean-up day and to provide funding in the amount of $3,500 expenses, including an after event gathering in Nottingham Park PROPOSED MOTION If Council wishes to proceed on the request, the following motion is offered: I move to approve the date of May 14th for an all Town Clean-up Day and authorize the expenditure of $2,500 from the General Fund - Community Picnic line item, plus an additional $1,000 from the General Fund Contingency, for expenses. BACKGROUND The Eagle River Watershed Council's 16th Annual Community Pride Hwy Cleanup is scheduled for May 7th. This successful volunteer effort focuses on the highway system and river corridor. In addition to this spring clean-up, the Town of Avon provides an annual residential clean-up service for five (5) business days. Residents are encouraged to clean out most unwanted items and yard waste. Oils, electronic equipment, tires, refrigerators and construction materials are not allowed in the disposal service. The Town Public Works Department picks up items curbside once a resident calls in a request and Vail Honey Wagon has provided complimentary dumpsters. An estimated 85% of residences participate in the program. One area of the Town, which is not addressed, is our bike paths and street right-of-ways. It seems that a similar volunteer effort could be successful. We are proposing the following schedule, activities and budget to get these areas of Town cleaned. May 9 – 13th Annual Residential Clean-up Week – Monday – Friday 8:00 a.m. – 5:00 p.m. May 14th Town of Avon Clean-Up Day – Road, Street and Path ROWs • 9:00 a.m. – Noon Area Clean-Up – Organized by Neighborhoods • Noon – 2 p.m. Nottingham Pavilion Luncheon for Volunteers Budget: Food $2,000 Advertising 400 Commodities 800 Music 300 Contingency 1,000 Thank you for your consideration. FISCAL YEAR 2016 FINANCIAL REPORT March 22, 2016 ______________________________________________________________________________________ 1. Fiscal Year 2016 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – January 2016 3. Real Estate Transfer Tax Report and Monthly Detail – February 2016 4. Recreation Center Admissions – February 2016 5. General Fund Year-To-Date Expenditures - February 2016 6. Fleet Maintenance Fund Year-To Date Expenditures - February 2016 7. Transit Fund Year-To Date Expenditures - February 2016 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Date: March 15, 2016 Re: Fiscal Year 2016 Financial Report – January/February Revenues: SALES TAX • Sales tax revenue for the month of January is down $21,506 or -2.81% compared to January 2015, and down -1.42% compared to the budget. This decrease includes $16,612 from new businesses, and after adjusting for new business growth, -3.29% is the loss in revenue from existing business for the month. • January sales tax collections are up for the Grocery, Specialty, and Health category at 9.31%, Sporting Goods Rental/Retail is up 9.12%, and Restaurants/Bars increased 6.27% compared to January 2015. However, a few categories had substantial declines: Miscellaneous Retail decreased -11.66%, Other businesses are down -52.94%, Home/Garden is down -14.56% and Service Related entities declined -11.51%. The decrease in existing business growth from Miscellaneous Retail can be partially attributed to two entities being re- categorized. The large decrease in the Service Related category is due to wide variances in returns from interior design and architecture businesses which were unusually low in January 2016. The Other business category is down due to large construction related returns from the Wyndham project in January 2015 totaling $48,756. 2014/2015 Growth Growth Variance Existing Business New Business Home/Garden (6,237.44)-16.26%7.77% Grocery, Specialty, Health 14,913.10 2.59%1.84% Liquor Stores 1,336.60 2.93%0.00% Sporting Goods Retail/Rental 8,743.33 5.07%0.00% Miscellaneous Retail (3,307.48)-9.06%0.27% Accommodations 5,819.86 1.92%0.96% Restaurants/Bars 17,619.08 11.60%1.67% Other (58,441.12)-45.93%0.08% Service Related (1,951.84)-7.30%1.11% Total ($21,505.91)-3.29%1.43% Category Sales Tax Monthly Totals - January 2016 ACCOMMODATIONS TAX • Accommodations tax revenue for January is up $4,064, or 2.47% compared to January 2015, and up 16.74% compared to the monthly budget. • January 2016 accommodations tax collections are up for Hotels and Timeshares compared to January 2015 by 4.34% and 9.30%, respectively. Vacation Rentals, however, are down -11.29%. REAL ESTATE TRANSFER TAX • 2016 real estate transfer tax collections for February equal $200,850.86, which is an $115,372 increase over February 2015. The sale of 8 units at the new Brookside Park Signature Lofts makes up $144,118 of this monthly total. RECREATION CENTER ADMISSIONS • February admissions fees at the ARC total $86,342, a 26.04% increase over February 2015. Year-to-date admissions are 20.86% over 2015, and $23,415 over the estimated budget. Expenditures: • General Fund expenditures through February 2016 total 24.92% of the total 2016 budget. These expenditures include the Town’s annual insurance premium, $40,000 for the Winter Wondergrass event, $25,000 toward the writer’s conference, and $112,110 spent for community grants. • Fleet expenditures for February are at 16.32% of the total budget. These costs include blanket encumbrances for stock parts and ongoing expenditures such as regularly purchased shop supplies and monthly copier charges. • Transit funds are 33.73% expended compared to the 2016 budget. These expenditures include a $135,000 encumbrance for the 2015 people mover bus purchase, as well as $176,000 for the Town’s half of the 2016 gondola operations. TOWN OF AVON SALES TAX 2016 Actual vs. Budget Budget YTD Collections Budget % of change 2011 2012 2013 2014 2015 2016 2016 Variance from 2015 January 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 754,412$ 743,689.78$ (10,722.17)$ -2.81% February 532,903.25 533,546.48 636,702.27 673,722.03 788,999.06 767,268 March 665,532.70 643,910.29 720,267.31 793,301.96 875,499.53 896,356 April 305,269.73 304,220.84 307,407.13 381,839.56 403,560.42 412,562 May 236,424.93 270,082.79 309,938.72 340,332.28 353,840.11 366,107 June 406,828.27 430,588.57 490,329.18 538,517.31 570,424.51 590,545 July 452,873.44 472,215.40 537,479.66 570,959.86 601,516.82 638,618 August 419,977.29 455,439.86 504,332.25 547,085.80 572,647.57 605,764 September 391,546.49 424,793.75 475,362.88 546,016.59 595,235.68 589,641 October 299,193.35 341,711.43 356,925.96 417,921.46 423,701.53 445,802 November 301,407.41 336,060.63 362,460.94 397,935.36 438,315.55 445,009 December 921,815.61 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,244,988 Total 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 7,757,072$ 743,689.78$ (10,722.17)$ -2.81% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2012 2013 2014 2015 2016 Year Sales Tax Collections for January TOWN OF AVON ACCOMMODATIONS TAX 2016 Actual vs. Budget Budget YTD Collections Budget % change 2011 2012 2013 2014 2015 2016 2016 Variance 2015 January 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 144,277$ 168,424.63$ 24,147.30$ 2.47% February 114,035.90 106,016.32 137,503.61 150,317.06 175,056.31 170,447 March 122,145.16 115,043.42 153,208.80 168,597.39 183,650.29 185,351 April 26,214.58 20,786.24 26,494.49 31,626.02 34,825.13 34,928 May 15,152.82 16,664.44 24,527.17 21,961.97 28,002.56 26,533 June 49,999.66 56,012.17 66,578.91 54,232.23 53,397.46 69,938 July 62,928.07 66,726.73 73,008.92 81,083.01 86,301.22 92,358 August 52,037.55 58,358.93 67,688.07 71,044.33 75,107.71 80,924 September 35,521.81 42,245.24 44,661.37 50,840.16 60,417.74 58,324 October 21,801.56 25,879.51 27,154.53 34,977.59 38,706.72 37,068 November 24,971.33 22,786.42 28,171.04 32,064.02 34,328.47 35,521 December 135,984.00 112,759.02 131,361.43 168,944.85 198,421.26 186,556 Total 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,122,226$ 168,424.63$ 24,147.30$ 2.47% Actual Collections $- $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 2012 2013 2014 2015 2016 Accommodations Tax Collections for January Town of Avon Real Estate Transfer Tax 2016 Actual vs. Budget Budget YTD Collections $ change % of change 2011 2012 2013 2014 2015 2016 2016 2015 2015 January 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 50,308$ 64,422.00$ 15,781.60$ 32.45% February 230,705.50 41,750.07 55,872.69 562,219.70 85,479.08 185,960 200,850.86 115,371.78 134.97% March 187,099.47 84,760.49 125,927.64 50,375.06 168,744.22 117,537 April 249,482.30 219,195.80 144,437.80 197,656.36 125,266.30 178,341 May 187,668.62 270,170.12 121,784.12 183,745.60 237,971.08 190,782 June 49,606.58 169,040.47 90,309.74 220,009.15 294,434.84 156,880 July 46,707.37 71,057.40 386,434.78 141,051.52 396,838.68 198,546 August 106,785.21 232,505.93 97,579.70 154,032.32 152,380.93 141,616 September 140,876.56 96,389.34 157,010.67 267,886.92 291,223.61 181,646 October 64,005.33 176,889.62 169,839.80 178,044.24 172,855.22 145,112 November 98,057.44 150,549.86 112,491.82 122,582.66 169,328.38 124,416 December 198,448.03 145,134.57 83,382.60 1,598,062.92 225,862.90 428,856 Total 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 2,100,000$ 265,272.86$ 131,153.38$ 97.79% Budget 2,100,000.00 Variance, Favorable (Unfavorable)(1,834,727.14)$ Actual Collections $- $50,000.00 $100,000.00 $150,000.00 $200,000.00 $250,000.00 $300,000.00 $350,000.00 $400,000.00 $450,000.00 $500,000.00 $550,000.00 $600,000.00 $650,000.00 2012 2013 2014 2015 2016 YTD Real Estate Transfer Tax Collections TOWN OF AVON RECREATION CENTER ADMISSION FEES 2016 Actual vs. Budget Budget YTD Collections Budget % of change 2011 2012 2013 2014 2015 2016 2016 Variance from 2015 January 76,386$ 66,113$ 70,040$ 62,607$ 64,723$ 67,526$ 74,674$ 7,148$ 15.37% February 72,997 78,782 68,578 63,838 68,506 70,075 86,342 16,267 26.04% March 78,985 62,670 72,616 77,902 81,664 74,275 April 59,991 49,982 64,370 61,760 55,452 57,927 May 47,368 44,880 35,064 43,119 50,067 43,809 June 49,850 49,442 46,194 55,052 58,431 51,452 July 70,839 73,067 71,491 61,472 66,400 68,201 August 68,324 67,510 57,329 63,233 66,389 64,131 September 40,822 38,141 43,829 36,846 44,719 40,602 October 52,476 41,588 48,803 75,818 61,167 55,602 November 93,746 94,044 93,822 29,570 71,384 76,009 December 80,985 72,059 69,258 77,672 112,201 81,892 Total 792,769$ 738,277$ 741,394$ 708,889$ 801,102$ 751,500$ 161,016$ 23,415$ 20.86% $- $25,000 $50,000 $75,000 $100,000 $125,000 $150,000 $175,000 2011 2012 2013 2014 2015 2016 YTD Rec Admissions Thru February Dept./Div.2016 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 210,907$ 9,374$ 42,232$ 159,301$ 24.47% 112 Boards and Commissions 15,300 - 1,578 13,722 10.31% 113 Town Attorney 130,000 125,300 160 4,540 96.51% 115 Town Clerk 135,636 20,100 21,039 94,497 30.33% 121 Municipal Court 124,210 20,016 12,676 91,518 26.32% 131 Town Manager 366,967 - 54,067 312,900 14.73% 133 Community Relations 149,897 10,372 9,880 129,645 13.51% Total General Government 1,132,917 185,162 141,632 806,123 28.85% Human Resources Department: 132 Human Resources 411,819 9,923 59,502 342,394 16.86% Finance & IT Department: 141 Finance 812,834 13,956 110,369 688,509 15.30% 143 Information Systems 384,846 18,511 86,441 279,894 27.27% 149 Nondepartmental 398,813 51,912 188,759 158,142 60.35% Total Finance & IT 1,596,493 84,379 385,569 1,126,545 29.44% Total General Gov't Departments 3,141,229 279,464 586,703 2,275,062 27.57% Community Development: 212 Planning 317,767 18,326 23,246 276,195 13.08% 213 Building Inspection 146,758 3,750 21,101 121,907 16.93% 214 Economic Development 40,600 - 10,000 30,600 24.63% 215 Town Produced Events 314,364 2,400 20,558 291,406 7.30% 216 Signature Event Seed Funding 125,000 25,000 96,500 3,500 97.20% 217 Community Grants 230,150 - 112,110 118,040 48.71% Total Community Development 1,174,639 49,476 283,515 841,648 28.35% Police Department: 311 Administration 658,376 26,617 94,488 537,271 18.39% 312 Patrol 2,331,166 31,983 635,783 1,663,400 28.65% 313 Investigations 263,742 - 40,607 223,135 15.40% Total Police 3,253,284 58,600 770,878 2,423,806 25.50% Public Works: 412 Engineering 273,664 21,876 31,713 220,075 19.58% 413 Roads and Bridges 1,612,864 64,255 241,759 1,306,850 18.97% 415 Parks 1,093,645 27,020 157,909 908,716 16.91% 418 Buildings & Facilities 1,109,892 191,203 171,433 747,256 32.67% Total Public Works 4,090,065 304,354 602,814 3,182,897 22.18% Recreation Department: 514 Administration 238,222 16,548 49,551 172,123 27.75% 515 Adult Programs 58,827 590 6,083 52,154 11.34% 516 Aquatics 427,447 10,463 67,097 349,887 18.14% 518 Fitness 132,740 605 71,843 60,292 54.58% 519 Guest Services 292,090 5,925 46,506 239,659 17.95% 521 Youth Programs 132,412 2,000 12,390 118,022 10.87% Total Recreation 1,281,738 36,131 253,470 992,137 22.59% TOTAL OPERATING EXPENDITURES 12,940,955$ 728,025$ 2,497,380$ 9,715,550 24.92% Department Expenditure Summaries General Fund February 2016 Expenditures to Date Dept./Div.2016 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,785,969$ 75,298$ 216,219$ 1,494,452$ 16.32% Total Operating Expenditures 1,785,969 75,298 216,219 1,494,452 16.32% TOTAL EXPENDITURES 1,785,969$ 75,298$ 216,219$ 1,494,452$ 16.32% Expenditure Summary Fleet Maintenance Enterprise Fund February 2016 Expenditures to Date Dept./Div.2016 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 239,797$ 40,231$ 42,361$ 157,205$ 34.44% 432 Transit Operations 1,549,213 3,250 529,432 1,016,531 34.38% 435 Wash Bay 159,486 12,697 29,230 117,559 26.29% Total Operating Expenditures 1,948,496 56,178 601,023 1,291,295 33.73% TOTAL EXPENDITURES 1,948,496$ 56,178$ 601,023$ 1,291,295$ 33.73% Expenditure Summary Transit Enterprise Fund February 2016 Expenditures to Date