TC Packet 09-13-2016 Part 1 TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 13, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 2:30 PM
REGULAR MEETING BEGINS AT 2:35 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
2:30 PM AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS (SEE SEPARATE AGENDA PAGE 3)
2:35 PM REGULAR MEETING BEGINS
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 – EAGLE COUNTY CLIMATE ACTION PLAN (WALKING MOUNTAINS DIRECTOR OF SUSTAINABILITY &
STEWARDSHIP PROGRAMS KIM LANGMAID)
5. ACTION ITEMS
5.1 PUBLIC HEARING OUTDOOR USE OF AMPLIFIED SOUND APPLICATION REVIEW FOR AGENCY BE EVENT &
MARKETING (FESTIVAL & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY)
5.2 FIRST READING OF ORDINANCE 16-18, TO APPROVE DEED AND EASEMENTS FOR TRACT O AND LOT 39, BLOCK
4, WILDRIDGE (PLANNING DIRECTOR MATT PIELSTICKER)
5.3 PUBLIC HEARING SECOND READING OF ORDINANCE 16-14, APPROVING CODE TEXT AMENDMENTS FOR PUBLIC
FACILITIES AND TOWN CENTER ZONE DISTRICT STANDARDS (PLANNING DIRECTOR MATT PIELSTICKER)
5.4 PUBLIC HEARING SECOND READING OF ORDINANCE 16-17 TO AMEND DRINKING WATER LEASE WITH THE
UPPER EAGLE REGIONAL WATER AUTHORITY (TOWN ATTORNEY ERIC HEIL)
5.5 ACTION ON REQUEST BY TREADSTONE DEVELOPMENT, LLC TO PROCESS A DEVELOPMENT APPLICATION FOR A
HOTEL PROJECT USING PORTIONS OF TOWN PROPERTY (PLANNING DIRECTOR MATT PIELSTICKER)
5.6 ACTION ON RENEWABLE ENERGY OPTIONS AT THE PUBLIC SAFETY FACILITY (TOWN ENGINEER JUSTIN
HILDRETH)
6. CONSENT AGENDA
6.1. INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND THE EAGLE COUNTY SHERIFF’S OFFICE/
COUNTY OF EAGLE (POLICE CHIEF GREG DALY)
6.2. INTERGOVERNMENTAL AGREEMENT OF THE COLORADO INFORMATION SHARING CONSORTIUM
(POLICE CHIEF GREG DALY)
6.3. RESOLUTION 16-24, APPROVING PERMANENT DRAINAGE EASEMENT, LOT 33, WITH BECK FAMILY
PARTNERSHIP, LTD (PROJECT ENGINEER JIM HORSLEY, TOWN ATTORNEY ERIC HEIL)
6.4. APPROVAL OF THE AUGUST 23, 2016 MINUTES (DEPUTY TOWN CLERK BRENDA TORRES)
7. PRESENTATION – CHIEF GREG DALY SWEARING IN & BADGE PINNING CEREMONY
8. EXECUTIVE SESSION
8.1. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR
SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(A) AND TO
DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING
TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 13, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 2:30 PM
REGULAR MEETING BEGINS AT 2:35 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
2
STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E)
CONCERNING CONSERVATION OF CERTAIN TOWN OWNED PROPERTY
8.2. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) AND TO
DETERMINE 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)
CONCERNING EAGLEBEND AFFORDABLE HOUSING
8.3. EXECUTIVE SESSION 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) IN REGARDS TO A PUBLIC-PRIVATE PARTNERSHIP
9. MOTION TO CONTINUE THE MEETING TO 6:00 PM
6:00 PM CONTINUATION OF REGULAR MEETING
10. CALL TO ORDER & ROLL CALL
11. ACTION ITEM
11.1. FIRST READING OF ORDINANCE 16-20, REPEALING THE 2009 RECREATIONAL TRAILS MASTER PLAN, AND
APPROVING THE 2016 RECREATIONAL TRAILS MASTER PLAN; SETTING A PUBLIC HEARING FOR SECOND
READING ON OCTOBER 11, 2016 (PLANNING DIRECTOR MATT PIELSTICKER)
PLAN PRESENTATION (PLANNING DIRECTOR MATT PIELSTICKER/OLSSON ASSOCIATES ALEX NEES)
COLORADO PARKS AND WILDLIFE RECOMMENDATION (WILDLIFE MANAGER BILL ANDREE)
TOWN COUNCIL QUESTIONS, IF ANY
PUBLIC COMMENTS (TWO-MINUTE LIMIT)
TOWN COUNCIL QUESTIONS & COMMENTS
TOWN COUNCIL ACTION
12. WRITTEN REPORTS
12.1. UPDATE ON DUE DILIGENCE FILING FOR AVON LAKES NO. 1 AND NO. 2 (TOWN ENGINEER JUSTIN HILDRETH)
12.2. IMPLEMENTATION OF HB16-1311 PERTAINING TO VACATING WARRANTS (TOWN ATTORNEY ERIC HEIL)
13. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
13.1. PUBLIC ACCESS TV CHANNEL 5 & ECO (MAYOR PRO TEM JAKE WOLF)
14. MAYOR & COUNCIL COMMENTS
15. TOWN MANAGER UPDATE
16. ADJOURNMENT
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 13, 2016
AVON LIQUOR AUTHORITY MEETING BEGINS AT 2:30 PM
AVON TOWN HALL, ONE LAKE STREET
_________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: FIRST DESCENTS
EVENT NAME: MAN OF THE CLIFF
EVENT DATES: OCTOBER 15 & 16, 2016
EVENT TIME: 9:00 A.M. UNTIL 5:00 P.M.
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: ADAM WILLIAMS
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. RENEWAL OF LIQUOR LICENSES
5.1. APPLICANT: DILLON COMPANIES, INC. D/B/A CITY MARKET NO. 26
LOCATION: 260 BEAVER CREEK PLACE
TYPE: 3.2 % BEER RETAIL
MANAGER: JEFF GENTILLINI
5.2. APPLICANT: CHAIR FOUR, LLC. D/B/A VIN 48
LOCATION: 48 E. BEAVER CREEK BLVD.
TYPE: HOTEL AND RESTAURANT
MANAGER: COLLIN BAUGH
5.3. APPLICANT: SUNCOR ENERGY SALES, INC. D/B/A SHELL
LOCATION: 47 NOTTINGHAM ROAD
TYPE: 3.2 % BEER OFF PREMISES
MANAGER: ANAKUT LOYA
5.4. APPLICANT: R&E ENTERPRISE, INC. D/B/A GONDOLA PIZZA
LOCATION: 240 CHAPEL PLACE #113
TYPE: HOTEL AND RESTAURANT
MANAGER: CLAUDIU POPA
5.5. APPLICANT: KRUSEN, INC. D/B/A AVON LIQUORS
LOCATION: 100 W. BEAVER CREEK BLVD.
TYPE: LIQUOR STORE
MANAGER: BRIAN KRUSE
6. MINUTES FROM AUGUST 9, 2016
7. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 8-09-2016 Minutes.docx Page 1
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members
present were Buz Reynolds, Megan Burch, Sarah Smith Hymes and Jake Wolf. Matt Gennett and Scott
Prince were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant
Town Manager Scott Wright, Planning Director Matt Pielsticker, Town Engineer Justin Hildreth, Police
Chief Greg Daly, 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 – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: BRIGHT FUTURE FOUNDATION FOR EAGLE COUNTY
EVENT NAME: AVON LIVE!
EVENT DATES: AUGUST 17, 24 & 31, 2016
EVENT TIME: 4:00 P.M. UNTIL 9:00 P.M.
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: CASEY ANGEL
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Board member Smith Hymes moved to approve the Special Event Permit
application for the upcoming Avon Live! events; Vice Chairman Wolf seconded the motion and it passes
unanimously by those present. Board member Gennett and Board member Prince were absent.
4.2. APPLICANT NAME: BIG HEARTS BIG HANDS
EVENT NAME: SKYLIGHT CREATIVE WRITING RETREAT
EVENT DATES: SEPTEMBER 2-4, 2016
EVENT TIME: 2:00 P.M. UNTIL 9:00 P.M.
LOCATION: NOTTINGHAM PARK
EVENT MANAGER: MICHAEL WELLE
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
The application was presented with no concerns. Chairman Fancher opened the public hearing and no
comments were made. Board member Burch moved to approve the Special Event Permit application for
the upcoming Skylight Creative Writing Retreat; Board member Reynolds seconded the motion and it
passes unanimously by those present. Board member Gennett and Board member Prince were absent.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016
AVON TOWN HALL, ONE LAKE STREET
LA 8-09-2016 Minutes.docx Page 2
5. PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE
5.1. APPLICANT NAME: CTK, LLC D/B/A CHRONIC TACOS
LOCATION: 150 EAST BEAVER CREEK BLVD, UNIT A101
TYPE: HOTEL AND RESTAURANT LIQUOR LICENSE
OWNER: ANTHONY KERRIGONE
MANAGER: CHAD WILKISON
ACTION: RESOLUTION NO. 16-01
Board Member Prince arrived at 5:10 pm.
The application was presented, Mayor Fancher addressed Mr. Kerrigon’s DUI charge. Chairman Fancher
opened the public hearing and Peter Buckley commented. Board member Reynolds moved to approve
Resolution No. 16-01 A Resolution Approving the Application of CTK, LLC d/b/a Chronic Taco’s for a Hotel
and Restaurant Liquor License; Vice Chairman Wolf seconded the motion and it passed 5 to 1 vote. Board
member Prince voted no. Board member Gennett was absent.
6. MINUTES FROM JULY 26, 2016
Board member Smith Hymes moved to approve the Minutes from July 26, 2016; Vice Chairman Wolf
seconded the motion and it passed unanimously by those present. Board member Gennett was
absent.
7. ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned at 5:11 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 ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: September 13, 2016
Agenda Topic: Eagle County Climate Action Plan
SUMMARY:
Kim Langmaid, Director of Sustainability and Stewardship for the Walking Mountains Science Center,
will be present at Tuesday’s meeting to provide an update on the Eagle County Climate Action Plan.
ATTACHMENT:
Climate Action Plan for the Eagle County Community PowerPoint Presentation
Climate Action Plan
for the
Eagle County Community
Update Presentation for Stakeholders
September 2016
Our Mountains and Valleys are at Risk…
•July 2016 was the hottest month on record for global temperatures
•In Colorado there are now 23 fewer frost free days than before the 1980s
•Scientists predict we’ll gain 30 more frost free days by 2060
•Warmer average temperatures are on the rise, summers will be hotter
•Increasing forest insect pests and diseases are changing our forests
•Spring snow packs are declining and less predictable
•There are shifts in timing of peak snow pack and spring runoff
•Scientists predict more extreme events -wildfires, droughts and floods
•Our mountains and valleys, and our community, are at risk
Climate Pollution is Costing Us…
•The Eagle County community spends $243.5 million annually on fuels and electricity that create polluting greenhouse gases
•This is about $66,700 spent each day by our community, or about $5,300 per person annually
•On a per capita basis, the Eagle County community produces 30% more emissions than the U.S. average
•This does not include the costs of climate adaptation—fighting fires, removing beetle-killed trees, and watershed projects to lessen the impacts of drought and flooding
•Cutting our energy use just 10 percent would save our community at least $24 million each year
Here’s where our Climate Pollution comes from:
•Data: Eagle County 2014 greenhouse gas inventory
•Total = 1.4 million tons CO2 per year
•$243 million per year spent on fuels and electricity
We Want to Protect Our Community Values
Our Community Health and Well Being -we can help prevent community health threats like increasing insect borne diseases, increasing allergies, smoke waves from wildfires, and other forms of air and water pollution
Our Environment and Recreation –we can help protect the places we like to play, prevent our mountains and valleys from drought and flooding, and
support the forests and wildlife that depends on our mountain ecosystem
We Can Lead the Way for our Economy –investing in energy efficiency,
solar arrays, electric and hybrid vehicles, smart growth, and creating new
green jobs will make us leaders in the coming “post carbon economy”
Goals for the Climate Action Plan for the Eagle County Community:
•Engage community stakeholders
•Set meaningful, achievable greenhouse gas emissions reduction targets for the Eagle County community
•Build on stakeholders’ knowledge and commitment to positive change
•Collaborate across towns, businesses, and organizations
•Support other regional and state efforts
Stakeholders
Town of Avon
Town of Gypsum
Town of Eagle
Town of Minturn
Town of Vail
Eagle County
Colorado Mountain
College
Eagle County Schools
Eagle River Water & Sanitation District
Eagle River Youth Coalition
East West Destination Hospitality
Energy Smart Colorado
Ground Up Composting
Holy Cross Energy
Vail Honeywagon
Vail Mountain School
Vail Resorts
Vail Valley Foundation
Vail Valley Medical
Center
Walking Mountains Science Center
Stakeholders’ “What Success Looks Like”
•Align the plan with community and
organizational values
•Set realistic and achievable GHG
reduction targets
•Community endorsement, ownership
and support of the plan is critical
“Business As Usual” Scenario for Eagle County
Eagle County GHG forecasting data from Dr. Abel Chavez, Western State Colorado University
Stakeholders Recommend Targets
Reduce GHG emissions % below 2014 Baseline:
•25% by 2025
•50% by 2035
•70% by 2045
•80% by 2050
(IPCC recommendation)
Stakeholders Recommend Goals by Sector
•
•
•
•
•
Stakeholders’ Recommendations for Decision Makers
•Adopt the climate action plan
•Pick and choose goals and actions
•Participate in county-wide task force
•Identify people to implement
•Allocate funds for projects
•Measure GHG reductions
•Celebrate community successes!
Your input is welcome!
Open House Sessions 5-7 p.m.
•Wednesday Sept. 14 -Brush Creek Pavilion
•Monday Sept. 19 -Grand View, Vail
•Thursday Sept. 22 –Miller Ranch Community Room
•For more information and to give feedback go to: www.walkingmountains.org/cap or email cap@walkingmountains.org
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: September 13, 2016
Agenda Topic: PUBLIC HEARING SOUND PERMIT APPLICATION FOR AGENCY BE – PRIVATE PARTY PAVILION RENTAL
ACTION BEFORE COUNCIL
The Town Council is asked to consider approving an Amplified Sound Permit on September 13, 2016, as
requested by Agency BE for a private event to be held on the Performance Pavilion.
PROPOSED MOTION
I move to approve (or approve with conditions or deny) the Amplified Sound Permit for Agency BE for a
private event to be held on the Performance Pavilion on Thursday, September 29, 2016.
OVERVIEW
A Public Hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound
systems before 9:00 a.m. or after 8:00 p.m. in Harry A. Nottingham Park (Avon Municipal Code Chapter
5.24.020). The amplified use hours for the Agency BE private event 6:00 p.m. to 11:00 p.m. Agency BE will
briefly test the sound system and perform sound checks not earlier than 6:00 p.m. concluding at 6:25 p.m.;
and, final public announcements will conclude not later than 11:00 p.m. The private event entertainment will
include a live DJ will performing between the hours of 6:30 p.m. and 8:30 p.m.; a live band will perform
between the hours of 8:30 p.m. and 10:00 p.m.; and, the live DJ will close-out the entertainment performing
between 10:00 and 11:00 p.m.
A PUBLIC NOTICE was published in the Vail Daily on September 7, 2016 announcing the Public Hearing on
September 13, 2016. The $25 processing fee for the amplified sound permit has been received. The applicant
has been invited to attend the meeting.
BACKGROUND
Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit.
The Council, in making its decision to issue the Amplified Sound Permit, may consider the following:
1.1. Comments by the public.
1.2. Necessity of the permit for the cultural, historical or social benefit of the community.
1.3. Proximity of the proposed location to residential neighborhoods.
1.4. Proposed direction of sound projection.
1.5. Screening of sound from neighboring properties.
1.6. Compatibility with other uses and activities in the vicinity.
The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse
effects upon the community or surrounding neighborhood.
ATTACHMENT
Application for Outdoor Use of Amplified Sound Equipment And Diagram of Event on the Performance
Pavilion and Nottingham Park showing Amplified Sound Projections
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 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. 16-21, Lot 39 and Tract O Conveyances
DATE: September 9, 2016
Summary: The Reynolds Corporation desires to construct duplexes on Lot 39 and has proposed to swap
a portion of Lot 39 with the lower portion of Tract O to facilitate the design of the access driveway. A water
storage tank is currently located on the upper portion of Tract O.
The Avon Planning Commission took action to recommend approval of the land swap as proposed by the
owner of Lot 39. The Upper Eagle River Water Authority provided a letter and diagram requesting certain
restrictions and acknowledgements about a future water storage tank as well as a request for additional
area of Lot 39 to be added to Tract O to facilitate a future replacement water storage tank. The Authority
has no immediate plans to construct a replacement water storage tank, but values the designation of
suitable areas for future construction of a replacement water storage tank.
Conveyance of a portion of Tract O to Reynolds Corporation by fee simple rather than an easement is
preferred because (1) the Town will not require indemnification and insurance as is typical for private
development by easements on Town property and (2) Lot 39 can be amended so that the driveway access
is on the Lot. The lower portion of Tract O has not been in use for public purpose, therefore, no election is
required to convey this portion of the property in accordance with Section 18.3 of the Avon Home Rule
Charter.
Proposed Motion: “I move to approve first reading of Ordinance No. 16-20 Approving the Conveyance of
a Portion of Tract O and the Acquisition of a portion of Lot 39, Wildridge Subdivision, Avon, Colorado.”
ATTACHMENTS: Ordinance No. 16-18
Site Plan from UERWA depicting desired portion of Lot 39.
Thank you, Eric
M EMORANDUM & PLANNING, LLC
Ord 16-18 Authorizing Lot 39-Tract O Land Exchange FINAL READING – September 13, 2016 Page 1 of 3
TOWN OF AVON, COLORADO ORDINANCE NO. 16-18
APPROVING THE CONVEYANCE OF A PORTION OF TRACT O AND THE
ACQUISITION OF A PORTION OF LOT 39, WILDRIDGE, AVON,
COLORADO
WHEREAS, the Town of Avon owns Tract O, Wildridge Subdivision, Avon, Colorado,
(“Tract O”) of which the upper portion is used for a water storage tank for the drinking water systems system serving the community and the lower portion of which is not used for public
purpose; and,
WHEREAS, the Reynolds Corporation is the owner of Lot 39, Block 4, Wildridge
Subdivision, Avon, Colorado, (“Lot 39”), which is adjacent to Tract O, and Reynolds Corporation has proposed to convey a portion of Lot 39 to the Town of Avon and trade for
acquiring a portion of the lower section of Tract O which is not used for public purposes and
which will facilitate the construction of driveway access for the development of Lot 39; and,
WHEREAS, the Upper Eagle River Water Authority has reviewed the proposed acquisition
of a portion of Lot 39 and has indicated that such acquisition will provide suitable adjacent land
for the construction of a replacement water storage tank, and will therefore facilitate the future capital investment in the drinking water system that serves the Avon community; and,
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town of Avon
may receive and dispose of real property; and
WHEREAS, the Avon Town Council finds that approval of the exchange of land will promote the efficient and secure provision of drinking water to the Avon community 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 with 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 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 16-18 Authorizing Lot 39-Tract O Land Exchange FINAL READING – September 13, 2016 Page 2 of 3
Section 2. Conveyances Subject to Subdivision Plat. The conveyance of a portion of Lot
39 from the Reynolds Corporation to Town of Avon and the conveyance of a portion of Tract O
from the Town to the Reynolds Corporation shall be conditioned upon and subject to the administrative review and approval of a subdivision plat to adjust such lot lines according, and
which subdivision plat shall include such easements for drainage, utilities, adjacent sub-lateral
support and other purposes as are determined appropriate by the Town.
Section 3. Acquisition of a Portion of Lot 39. The Town Council hereby authorizes the
acceptance of real property as acquired by and through a Special Warranty Deed in substantially the same form as attached hereto as Exhibit A: Special Warranty Deed Conveying a Portion of Lot 39.
Section 4. Conveyance of a Portion of Tract O. The Town Council hereby authorizes the
conveyance of a Portion of Tract O by and through a Special Warranty Deed in substantially the
same form as attached hereto as Exhibit B: Special Warranty Deed Conveying a Portion of Tract O and further authorizes the Mayor and Town Clerk to execute the Special Warranty
Deed.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the invalid 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 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
Ord 16-18 Authorizing Lot 39-Tract O Land Exchange FINAL READING – September 13, 2016 Page 3 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 13, 2016 and setting such public hearing for October 11, 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 October 11, 2016.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
RECORDING REQUESTED BY AND
WHEN RECORDED PLEASE RETURN TO: Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Debbie Hoppe, Town Clerk
SPECIAL WARRANTY DEED
Reynolds Corporation, a Colorado corporation (“Grantor”), whose regular mail (United States
Postal Service) address is _______________________, for the consideration of Ten and 00/100 Dollars
($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the Town
of Avon, a home rule municipality of the State of Colorado (“Grantee”), whose street address is One
Lake Street, P.O. Box 975, Avon, Colorado 81620, County of Eagle, State of Colorado, the real property
that is described as follows:
A portion of Lot 39, Block 4, Wildridge Subdivision, Avon, Colorado, described as
follows: [Insert Legal Description]
TO HAVE AND TO HOLD the said Property unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for itself and its heirs, successors and assigns, does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet
and peaceable possession of Grantee, and Grantee’s heirs, successors and assigns, against all and every
person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to (a) real
property taxes and assessments for 2016 and subsequent years, a lien not yet due and payable, and (b) the
matters set forth on Exhibit A attached hereto and made a part hereof.
Reynolds Corporation, a Colorado corporation
By:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me on _________________, 2016, by _________________ as __________ of the Reynolds Corporation, a Colorado corporation.
Witness my hand and official seal.
My commission expires: public notary
EXHIBIT A: SPECIAL WARRANTY DEED CONVEYING A PORTION OF LOT 39
RECORDING REQUESTED BY AND
WHEN RECORDED PLEASE RETURN TO:
SPECIAL WARRANTY DEED
Town of Avon, a home rule municipality of the State of Colorado (“Grantor”), whose regular
mail (United States Postal Service) whose street address is One Lake Street, P.O. Box 975, Avon,
Colorado 81620, County of Eagle, State of Colorado, for the consideration of Ten and 00/100 Dollars
($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the
Reynolds Corporation, a Colorado corporation (“Grantee”), whose address is ________________ , the real property that is described as follows:
A portion of Tract O, Wildridge Subdivision, Avon, Colorado, described as follows:
[Insert Legal Description]
TO HAVE AND TO HOLD the said Property unto Grantee, and Grantee's heirs, successors and
assigns forever. Grantor, for itself and its heirs, successors and assigns, does covenant and agree that
Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet
and peaceable possession of Grantee, and Grantee’s heirs, successors and assigns, against all and every
person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to (a) real
property taxes and assessments for 2016 and subsequent years, a lien not yet due and payable, and (b) the
matters set forth on Exhibit A attached hereto and made a part hereof.
Reynolds Corporation, a Colorado corporation
By:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me on _________________, 2016, by
_________________ as __________ of the Reynolds Corporation, a Colorado corporation.
Witness my hand and official seal.
My commission expires:
public notary
EXHIBIT B: SPECIAL WARRANTY DEED CONVEYING A PORTION OF TRACT O
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: September 13, 2016
Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 2016-14, An Ordinance
Approving Amendments to the Public Facilities and Town Center Zone District
Standards
Council Action
Public Hearing and Action on Second Reading of Ordinance 2016-14, An Ordinance Approving the
following Amendments to the Public Facilities (PF) and Town Center (TC) zone District Standards:
• Residential will be added as allowable by Special Review Use in the PF District with approval
by Planning and Zoning Commission (PZC).
• Government Services will be added as a use by right in the TC zone district
Background
Shortly after the Town purchased the Mountain Vista Office Building and Lot 4, Mountain Vista
Resort Subdivision, Staff presented the option to rezone the property to PF; this would have been
concurrent with the Points of Colorado application to rezone the remainder of the Mountain Vista
Resort Subdivision as TC. While the accessory uses of the Mountain Vista building are still pending,
the potential to use ground floor space to accommodate retail, a coffee shop, a visitor’s center, or
other similar use is being considered. Analysis of the structural capability to hold additional floors,
potentially accommodating housing on the top of the building, is also forthcoming. Council provided
direction to Staff to further evaluate the zoning options so as to not restrict possibilities with new
construction.
In the interim, Staff presented draft code text amendments to the Planning and Zoning Commission
(PAC) on August 2, 2016. The intent of these changes is to amend the zoning code regulations to
reflect current conditions, and also allow flexibility for the future zoning of the Mountain Vista Office
Building. Once the final programming is determined, Staff will come back with a rezoning application
to either the PF or TC zone district.
if the property were rezoned to PF under the current code, the building would be nonconforming
due to its height (48’ estimated), and housing would not be permitted. In recent years two other PF
buildings–Avon Regional Transportation Operations Facility and Police/Fire building- were approved
over the current 40’ height limit through the Comprehensive Plan Amendment process, and the
reoccurring nature of the request merits reevaluation. Worker housing is a continual need within
Eagle County, and allowing housing in the PF district would help meet demand.
On a larger scale, these Code Amendments would permit a level of flexibility necessary for a
densifying and growing town. Avon has promoted mixed-use buildings and districts within
appropriate areas for a variety of reasons, including the reduced demand on public services,
congestion, and to promote year round use and activation in the Town Core area. Allowing
Page 2
government services within the TC district would be a positive continuation of that trend, and
responds to the specific case of the Mountain Vista Office Building.
Creating more allowed uses within the PF district may help provide needed housing to appropriate
areas of the Town. Increasing building scale responds to a series of different building uses within the
PF district that have all demonstrated the need for increased allowances. Ultimately, it is unknown
what the exact future use of the Mountain Vista Office Building will be, and these changes represent
time and location-sensitive changes to the code for future potentials.
PZC Recommendation
At the August 2, 2016 meeting PZC recommended the following code text amendments:
1. Table 7.24-1. Multi-family Dwellings will be added as a Special Review Use in the PF zone
district.
2. Table 7.20-11. Building Height Maximum will increase from 40’ to 60’ in the PF zone
district.
3. Table 7.20-11. Maximum Density (Units/Acre) assignment of 15 Units/Acre will be added in
the PF zone district.
PZC recommended that housing be added as a Special Review Use in the PF zone district in order to
review compatibility of future potential housing projects that may be located adjacent or attached to
other governmental projects and uses. For example, adding housing to a project on the Town’s
Swift Gulch was viewed as a case where additional public review by PZC is necessary to maintain
separation of semi-industrial uses and residential uses. When discussing residential land uses on PF
properties, there was a desire to add a maximum density per acre in order to add congruency with
other zone districts. The number of 15 DU/Acre was chosen as it is comparable to the Residential
Medium Density (RMD) zone district.
As mentioned above, multiple projects in the PF district have already been approved and/or
construction that exceed 40’ in height. After considering implications of an increased building height
on other PF properties, the PZC found the change appropriate and recommended that the height be
increased to avoid the need to process Comprehensive Plan amendments.
PZC discussed adding Governmental Uses as either a Use-by-right or Special Review in the TC zone
district. After discussing the possible negative ramifications of having such governmental land uses
(County administrative uses on ground floor of Seasons, or Fire Department office next to Avon
Station were both cited as examples), the Planning Commission recommended no changes to the TC
district and not permitting these types of uses in the future.
Staff Discussion
As presented at First Reading, Staff’s recommendation is to broaden the allowable housing types in
the PF zone district. By allowing all housing types, future housing projects would not rule out the
possibility of a Townhouse project or other types of dwelling units. In any case, these mixed-use
projects would be special review by PZC. Limiting future projects to 15 DU/acre would not allow
flexibility for innovative housing projects. For example, the Mountain Vista Office Building less than
¼ acre in size and would be limited three (3) units. Staff is recommending no restrictions on density
for housing in the PF zone district.
The additional building height in the PF district – 40’ to 60’, while supported and recommended for
approval by PZC and staff, was not reviewed favorably at first reading of the Ordinance. Increases to
Page 3
the allowable building height would continue to be reviewed on a case by case basis in the PF zone
district when projects propose a height exceeding 40’.
By adding governmental office and facilities as a permitted use in the TC zone district, the Mountain
Vista Office Building could be rezoned accordingly. Alternatively, and as discussed by PZC,
governmental offices and facilities could be added as a Special Review if deemed necessary.
Review Criteria
§7.16.040(c), Code Text Amendment Review Criteria. Town Council shall use the following review
criteria as the basis for recommendations and decisions on applications to amend the text of the
Development Code:
(1) The text amendment promotes the health, safety, and general welfare of the Avon
Community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in this Development
Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts, or other social or economic conditions.
Staff Response: These code text amendments are necessary to respond to changing conditions with
town facilities and Town Core development. The amendments represent changes to the code for
future potential projects that will require creativity and flexibility with land use regulations. The
Town’s long range plans acknowledge the continued trend toward ‘out of the box’ projects that may
not fit squarely within standard zone districts and could contain a mix of land uses (i.e.
governmental, private, retail) within single projects. For example, the West Town Center plan
contains a concept for a parking structure in place of Mikaela Way, with housing on top and retail at
the ground level facing the Main Street Pedestrian Mall. These code changes would allow further
creativity to future public or public-private projects.
Options
1. Approve Second Reading of Ordinance 2016-14 as drafted.
2. Continue Second Reading of Ordinance 2016-14 to a future specified meeting.
Recommended Motion
“I move to Approve second and final reading of Ordinance 16-14, approving the following
amendments to the Avon Development Code:
1. Table 7.24-1, Allowed Uses, of the ADC is amended to add “S” (special review use) to the
“PF” (Public Facilities zone district) column for the following Residential Uses: Dwelling,
Single-Family Detached; Dwelling, Two-Family/Duplex; Dwelling, Townhouse; Dwelling,
Multi-Family; Dwelling, live/work; and, Accessory DU; and
2. Table 7.24-1, Allowed Uses, of the ADC is amended to add “P” (permitted) to the “TC”
(Town Center zone district) column for the following Public and Institutional Uses:
Library; Government services, offices and facilities; and, Post office branches.”
Attachment
Ordinance 2016-14
Page 1 of 3
SECOND READING – September 13, 2016 Ord No. 16-14 Amending Avon Municipal Code
TOWN OF AVON, COLORADO ORDINANCE NO. 16-14
APPROVING CODE TEXT AMENDMENTS FOR THE PUBLIC FACILITIES
AND TOWN CENTER ZONE DISTRICTS WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council finds that periodic review and updates to the Avon Municipal Code (“AMC”) are necessary to respond to changing conditions; and
WHEREAS, the Planning & Zoning Commission (“PZC”) of the Town of Avon held a
public hearing on August 2, 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 to the Town Council; and
WHEREAS, the Town Council of the Town held a public hearing on September 13, 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; and
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment; and
WHEREAS, the Town Council finds that necessary in response to new conditions affecting governmentally owned properties; and
WHEREAS, the Town Council finds approval of the Application is in compliance with the
mandatory review criteria; 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.
Page 2 of 3
SECOND READING – September 13, 2016 Ord No. 16-14 Amending Avon Municipal Code
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Municipal Code Amendments.
• Table 7.24-1, Allowed Uses, of the ADC is amended to add “P” (permitted) to the “TC”
(Town Center zone district) column for the following Public and Institutional Uses:
Library; Government services, offices and facilities; and, Post office branches; and
• Table 7.24-1, Allowed Uses, of the ADC is amended to add “S” (special review use) to the “PF” (Public Facilities zone district) column for the following Residential Uses:
Dwelling, Single-Family Detached; Dwelling, Two-Family/Duplex; Dwelling,
Townhouse; Dwelling, Multi-Family; Dwelling, live/work; and, Accessory DU; and
Section 3. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after final adoption 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
Page 3 of 3
SECOND READING – September 13, 2016 Ord No. 16-14 Amending Avon Municipal Code
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on August 9, 2016 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on September 13, 2016, at 5:30 P.M. in the Council Chambers,
Avon Municipal Building, One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on September 13, 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
Dillon, CO 80435 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: Amendment to Ground Lease for the Avon Water Treatment Plan
DATE: September 8, 2016
SUMMARY: The Town of Avon approved a 99 year Ground Lease on Tract P, Benchmark at Beaver
Creek, Avon, Colorado, as the Lessor with the Upper Eagle Regional Water Authority (“Authority”) on April
30, 1985, in order to facilitate the Authority’s construction of water treatment plant in Avon. The original
Ground Lease included the footprint of the existing building. The Authority has been using additional area
around the building for parking, deliver, storage and general work. The Authority is requesting the Town of
Avon to approve a First Amendment to the Ground Lease (“First Amendment”) to expand the leased area
to include the existing fenced area and small amount of additional land to the east. The First Amendment
is for a period greater than 1 year; therefore, Council must approve the First Amendment by ordinance.
Council approved Ordinance No. 16-17 on first reading on August 9, 2016. Council is required to conduct a
public hearing on second and final per the home rule charter.
PROPOSE MOTION: “I move to approve second and final reading of Ordinance No. 16-17 Approving the
First Amendment to the Ground Lease on Tract P, Benchmark at Beaver Creek, Avon, Colorado.”
FIRST AMENDMENT TERMS: Besides expanding the area of the Ground Lease, the First Amendment
would extinguish the Town of Avon’s reserved “airspace” to construct a municipal facility above the existing
water treatment plant. The reserved airspace is not a practical legal development right for the Town of
Avon due to security considerations for public drinking water authorities.
A municipal drainage feature crosses the far east portion of the expanded Ground Lease area. The
First Amendment acknowledges the existing municipal drainage feature and provides that the Ground
Lease shall be subject to the existing drainage feature.
Thank you, Eric
ATTACHMENTS: Ordinance No. 16-17 w/ the First Amendment to Ground Lease
1985 Ground Lease
M EMORANDUM & PLANNING, LLC
Ord 16-17 Amending Ground Lease for Avon Water Treatment Plant FINAL READING – September 13, 2016 Page 1 of 2
TOWN OF AVON, COLORADO ORDINANCE NO. 16-17
AMENDING THE FIRST AMENDMENT TO GROUND LEASE ON TRACT P,
BENCHMARK AT BEAVER CREEK, AVON, COLORADO
WHEREAS, the Avon Home Rule Charter and Colorado Revised Statute Section 31-15-
713(1)(c) authorizes the Town Council to lease property for a period of more than one year by
ordinance; and
WHEREAS, the Town of Avon and the Upper Eagle Regional Water Authority entered into
a Ground Lease dated April 30, 1985, which provided a 99 year ground lease for a portion of
Tract P, Benchmark at Beaver Creek, Avon, CO (“Ground Lease”); and,
WHEREAS, the Upper Eagle Regional Water Authority desires to expand the area of the Ground Lease to include adjacent areas;
WHEREAS, the Avon Town Council finds that approval of the First Amendment to Ground
Lease will promote the efficient and secure provision of drinking water to the Avon community
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 with 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 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.
Section 2. Amended Lease Authorized. The Town Council hereby approves the First
Amendment to the Ground Lease attached hereto as Exhibit A and further authorizes the Mayor and Town Clerk to execute the First Amendment to Ground Lease.
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 would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
Ord 16-17 Amending Ground Lease for Avon Water Treatment Plant FINAL READING – September 13, 2016 Page 2 of 2
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 the date of
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 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. 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 August 9, 2016 and setting such public hearing for September 13, 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 September 13, 2016.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
EXHIBIT A:
FIRST AMENDMENT TO GROUND LEASE
{00486769.DOCX / 4}
FIRST AMENDMENT TO GROUND LEASE
THIS FIRST AMENDMENT TO GROUND LEASE (“Amendment”) is made
as of October 13, 2016 by and between TOWN OF AVON, a home rule municipal
corporation of the State of Colorado (hereinafter “Lessor”) and UPPER EAGLE
REGIONAL WATER AUTHORITY, a separate governmental entity established
pursuant to Section 29-1-204.2, C.R.S. (hereinafter “Lessee”).
RECITALS
WHEREAS, Lessor and Lessee entered into that certain Ground Lease (“Lease”)
dated April 30, 1985, recorded May 1, 1984 in Book 412 at Page 782 of the records of
the Clerk and Recorder of Eagle County, Colorado; and
WHEREAS, the Lease provides for Tenant to finance, construct, operate and maintain a water treatment plant and activities related thereto (the “Project”) for Lessee’s
use and benefit for a term of 99 years ending on April 30, 2084; and
WHEREAS, and the rent payment due for the term of the Lease has been paid in
full; and
WHEREAS, Lessee has completed the construction and expansion of the Avon
Water Treatment Facility (“AWTF”) on the leased premises, a portion of Tract “P”,
Benchmark at Beaver Creek Subdivision, Town of Avon, County of Eagle and State of
Colorado, as provided in the Lease and continues to occupy and operate the AWTF for
the benefit of Lessor and the other Contracting Parties of the Upper Eagle Regional
Water Authority, subject to the terms and provisions of the Lease; and
WHEREAS, Lessee has occupied and fenced an area greater than and extending
beyond the footprint of the original Lease which is beneficial and essential for operation
and security purposes of the AWTF; and,
WHEREAS, Lessor desires to extend the area of the Lease to promote the
efficient and secure operations of the AWTF, and furthermore Lessee does not desire to
reserve any air rights to construct municipal facilities above the AWTF during the
remaining term of this Lease; and,
WHEREAS, the term of the Lease continues as provided therein and the Parties now wish to substitute a new legal description of the Premises to be Leased in place of
Exhibit “A” attached to the Lease for the mutually beneficial reasons listed above.
NOW, THEREFORE, for consideration of goodwill, mutual promises and cooperation, the parties hereto agree as follows:
{00486769.DOCX / 4} 2
1. PREMISES TO BE LEASED. The real property to be leased is located in
the Town of Avon, County of Eagle, Colorado, and is described as follows:
A parcel of land located in Amendment No. 3, Benchmark at Beaver Creek,
Section 11, Township 5 South, Range 82 West of the 6th Principal Meridian, Town
of Avon, Eagle County, Colorado being more particularly described as follows:
Beginning at the Southwest corner of Tract P, Amendment No. 3, Benchmark at
Beaver Creek, thence along the Westerly line of Tract P, also being the Easterly
R.O.W. of Beaver Creek Blvd. along the arc of a non-tangent curve to the left
58.45 feet, having a radius of 390.00 feet, a central angle of 8°35'11" and a chord
which bears N16°19'31"E 58.39 feet; thence continuing along said line
N12°01’54”E 74.07 feet; thence departing said line S73°27'56"E 397.95 feet; thence S18°25'32"W 132.37 feet to a point on the Northerly R.O.W. of the
U.P.R.R.; thence along said R.O.W. line along the arc of a non-tangent curve to
the left 387.84 feet, having a radius of 2914.93 feet, a central angle of 7°37'24°
and a chord which bears N73°27'22°W 387.55 feet to the point of beginning.
(“Leased Premises”).
SUBJECT TO any and all ditch, drainage or detention facilities that may now exist
within the Leased Premises, the existence of which is hereby acknowledged by
Lessee and Lessor. Lessee agrees not to modify or fence in any portion of these
ditch, drainage or detention facilities without the written authorization of Lessor
during the term of this Lease. Lessee assumes no responsibility, obligation or
liability for maintaining any of the ditch, drainage or detention facilities by reason
of this Lease.
The described parcel contains 1.150 acres more or less.
See Exhibit A, Survey and Legal Description, dated July 27, 2016, attached hereto
and incorporated herein by this reference.
2. REAFFIRMATION OF LEASE TERMS. Except as modified by this
Amendment, the terms and provisions of the Lease shall remain in full force and effect, including the Term of the Lease as set forth in Paragraph 2 of the original Lease;
provided, however, that in the event of a conflict between the terms and provisions of this
Amendment and the Lease, this Amendment shall control.
{00486769.DOCX / 4} 3
IN WITNESS WHEREOF the parties have executed this First Amendment to
Ground Lease as of the date and year first written above.
TOWN OF AVON, COLORADO (“Lessor”)
By:
Jennie Fancher, Mayor
Attest:
Debbie Hoppe, Town Clerk
UPPER EAGLE REGIONAL WATER
AUTHORITY (“Lessee”)
By:
George Gregory, Chairman
Attest:
James Power, Secretary
{00486769.DOCX / 4} 4
Exhibit “A”
Leased Premises
See attached Exhibit A, Survey and Legal Description, dated July 27, 2016.
{00486769.DOCX / 4} 5
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, Planning Director
Meeting Date: September 13, 2016
Agenda Topic: Action on Request by Treadstone Development, LLC, to process a
development application for a hotel project using portions of Town Property
Council Action: Motion and vote on request to authorize Treadstone Development, LLC to process a
development application for a hotel project using portions of Town property to meet minimum
landscaping requirements.
Summary: Staff continues to work with Treadstone Development on a hotel project on Lot B, Avon
Center at Beaver Creek Subdivision. A Development Plan submittal was submitted and during the
initial review, it was determined that the minimum landscaping requirements could not be met on
site due to parking and other development constraints that exist for any project on the subject
parcel. These development constraints include an agreement to provide parking for Lot A to the
east and a reciprocal vehicle access agreement with Lot C to the west.
Greg Less, President of Treadstone Development, LLC, submitted a letter at staff’s recommendation,
requesting Town consent to apply to use a portion of the abutting Town property to satisfy
minimum landscaping requirements. The applicant is proposing to fund the construction of
significant landscaping improvements in Main Street Pedestrian Mall including finishing the Lettuce
Shed plaza and completing the brick pavers for the extent of the Lot B frontage. Council previously
permitted the Wyndham project on Lot 61 to incorporate the Town owned Lettuce Shed Lane area
into its development application due to the development constraints on Lot 61 and the benefits to
the Town of proposed improvements to Lettuce Shed Lane.
Council is asked to provide consent to the applicant to incorporate and utilize abutting properties
owned by the Town to meet minimum landscaping requirements for Lot B. Pursuant to the Avon
Development Code, an applicant may not submit an application without the consent of all owners of
property in the development application; therefore, Council’s consent is required in order to allow
the applicant to submit a proposal to improve Town properties in conjunction with the development
application for Lot B. Council’s consent does not in any way affect or restrict the review authority of
the PZC or Council to evaluate the development application on its merits by the applicable review
criteria.
Options:
1. Authorize Treadstone Development, LLC’s request.
2. Deny Treadstone Development, LLC’s request.
Recommended Motion: “I move to authorize Treadstone Development LLC’s request to process a
development application for a hotel project using portions of Town property to meet minimum
landscaping requirements.”
Attachments:
Letter from Greg Less, President, Treadstone Development, LLC
Landscape Plan Exhibit
September 6, 2016
The Honorable Jennie Fancher Mayor, Town of Avon
1 Lake Street
P.O. Box 975 Avon, CO 81620
CC: Avon Town Council
Subject: Lot B- Avon Center at Beaver Creek
Dear Mayor Fanchor,
In response to a request from the Avon Planning Director, we are pleased to provide the following
summary of the landscaping plan for our hotel project on Lot B at Avon Center.
Currently, we have set aside 9,437sf of our total of 66,925sf for landscaping and beautification, fully
14.1% of our property. We recognize that the standard expectation is a 20% allocation. However, the
unique demands placed upon this development for parking, pedestrian walkways connecting Tract G to
Beaver Creek Boulevard, and vehicular and pedestrian access serving Avon Center Lot A, restrict any
significant additional allocation.
To accommodate the intent of the code and enhance the aesthetic attractiveness of the area, we propose to
landscape an additional 6,631sf of adjacent property, including 3,230sf within the Tract G, the Pedestrian Mall, and 3,401sf running along Beaver Creek Boulevard and adjacent to our parking ramp.
This additional landscaping is intended to unify the project with the Pedestrian Mall and any future
Beaver Creek Boulevard streetscape design. We propose that it be maintained by the Town as part of the
pedestrian mall, or Beaver Creek Boulevard maintenance. We also propose that landscape easements be
established as part of the project approvals defining these matters of maintenance responsibility and the
extent of the areas to be landscaped outside the lot.
We have included as an exhibit, our current landscaping plan for your review.
Sincerely,
Gregory Less
President
Treadstone Development, LLC
SHEET NUMBERCHECKED BY:SHEET TITLEDRAWN BY:PROJECT NO:DATE:CONSULTANT PCREVISIONSPROJECT TITLE AVON, COLORADO JAG07.1.20162961 W. MacArthur Blvd.Suite 120 Santa Ana, California, 92704 t. (714) 556-2656 f. (714) 556-2696 15-5705.11.2016 HOA SET505 8TH Street Hermosa Beach, CA 90254 t.(310) 999-8791 www.treadcon.com STAMP AREA ENTITLEMENT PACKAGE:AVON HOTEL 07.01.2016 MAJOR DEVELOPMENT SUBMITTAL LANDSCAPE PLAN L -1.0N 1 CONCEPTUAL LANDSCAPE PLAN 1" = 20'-0"PLAN
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: September 13, 2016
Subject: Renewable Energy Options for the Avon Public Safety Facility
ACTION BEFORE COUNCIL
Give Staff direction on including installation of solar photovoltaic and geothermal energy systems at
the Avon Public Safety Facility.
DISCUSSION
The Avon Public Safety has a 7,835 SF snowmelt system at the garage bays and sidewalk that will
require a $122,160 Town of Avon snowmelt energy off-set fee. The fee can be waived if half of the
building’s energy demand is generated by an on-site renewable energy source. Two systems were
evaluated, a geothermal system and a solar photovoltaic (PV) system.
The geothermal system consists of pumping water through the subgrade into a well field to dissipate
heat in the summer and absorb heat from the earth in the winter. This system is $520,293 more
expensive than a conventional mechanical heating and cooling system. An analysis estimated the
payback period for a geothermal system to be 18.4-years or an annualized rate of return of 1.9% fro
25-years. The geothermal system is considerably more expensive than other locations because of
the poor thermal conductivity of the soils resulting in more and deeper wells. It is not possible to do
a partial geothermal system since it does not use the same mechanical equipment to heat and cool
the building as a conventional building mechanical system. In the attached letter from Eagle River
Fire Protection District (ERFPD) Representative Todd Goulding, states that the ERFPD is committed
to allocating the energy off-set to the project but any additional funds from the geothermal system
must come from the Town. As a result the Town’s contribution to fund geothermal would be
$410,029.
A PV system designed to supply 50% of the building’s electricity and eliminate the energy off-set fee
will cost $67,050. PV is eligible for a Holy Cross Energy rebate estimated to be $26,820 resulting in a
net cost of $40,230. A local solar vendor, Active Energies, estimates payback in 12-years and an
annual rate of return of 9.1% for the PV system. There is room on the roof for an approximate 40%
increase solar panel area capable of providing 90% of the electricity required for the building.
RECOMMENDATION
Staff is recommending that a PV system be installed that maximizes the roof coverage at a total cost
of approximately $100,000 instead of a geothermal system. The cost of the system will be split
between the ERFPD and the Town of Avon with Avon’s share will be approximately $45,000. Also,
the solar panels can be purchased with capital lease financing and not impact the project budget.
Minervini Minor PUD Amendment – Resolution 2016-12
There is only $125,153 remaining in the project contingency. Approximately $100,000 of the
contingency was being consumed by pile depths in excess of the planned depth of 35 Feet and
$40,000 for temporary utility costs. The primary risk to the project is the remediation of the poor
soils at the site for the installation of the foundation, parking lot and utilities.
ATTACHMENTS
August 25, 2016 Letter from Todd Goulding
______________________________________________________________________________________
970.331.1732 I PO Box 2308 I Edwards, CO 81632
August 25, 2016
Justin Hildreth
Town Engineer
Town of Avon
PO Box 975
Avon, CO 81620
RE: Avon PSF
Renewable Energy Systems
Justin,
On behalf of the Eagle River Fire Protection District (ERFPD) Board please accept this letter in response to
the Town of Avon’s July 20, 2016 correspondence requesting ERFPD to assess the feasibility of a geothermal
system at the Avon Public Safety Facility (PSF).
ERFPD, in conjunction with the Town of Avon, commissioned ME Engineers (ME) to investigate the costs and
benefits of the fully engineered geothermal system for the PSF. Please find the most recent Geothermal
Payback Analysis from ME dated August 24, 2016 (see attached for reference). ME’s calculations result in an
estimated payback of 30.06 years based on construction costs by Evans Chaffee, along with assumptions for
energy use and costs. Per ME’s correspondence, “The cost delta to go with the geothermal is relatively large.
No matter how we tweak the numbers, we do not see anyway the purchase of that system would make
sense for this project.” While the model may not be exact, and will vary based on different assumptions,
ERFPD does not feel the investment is geothermal is a prudent use of public funds.
Therefore, ERFPD proposes the following options for consideration:
1. Allocate the energy off-set fee associated with ERFPD’s snowmelted areas to the geothermal system.
The balance of funds to cover the cost would come from the Town of Avon, available grants or other
sources.
2. Allocate the energy off-set fee associated with ERFPD’s snowmelted areas to a solar system on the I-
70 Regional Transit Facility (RTF) as discussed with Active Energies Solar, LLC. on July 15, 2016.
______________________________________________________________________________________
970.331.1732 I PO Box 2308 I Edwards, CO 81632
Per discussions the Contractor, the Owner (ERFPD & TOA) must make a decision regarding the geothermal
system before September 15th to avoid potential delays. ERFPD is committed to renewable energy systems,
and is eager to work with Avon on a renewable energy source for the PSF.
Sincerely,
Todd Goulding
Goulding Development Advisors
enclosures:
ME Engineer’s analysis dated August 24, 2016
Email correspondence with Active Energy regarding solar on the RTOF dated July 15, 2016
Town of Avon request for geothermal analysis dated July 20, 2016
ERFPD’s response to the July 20th request dated July 27, 2016
cc: Jennie Fancher, Mayor
Virginia Egger, Town Manager
Clint Janssen, Chair ERFPD
Chief Karl Bauer
TOWN COUNCIL REPORT
To: Honorable Jennie Fancher and Town Council
From: Greg Daly, Chief of Police
Date: September 13, 2016
Agenda Topic: Intergovernmental Agreement Concerning Authorization for Law Enforcement
Services within Unincorporated Eagle County, the Town of Gypsum and the
Town of Minturn
ACTION BEFORE COUNCIL
Action on Intergovernmental Agreement (IGA) between the Town of Avon and the Eagle
County Sheriff’s Office and the County of Eagle concerning authorization for law enforcement
services within Unincorporated Eagle County, the Town of Gypsum and the Town of Minturn.
RECOMMENDED MOTION
“I move to approve the Intergovernmental Agreement between the Town of Avon and the
Eagle County Sheriff’s Office and the County of Eagle concerning authorization for law
enforcement services within Unincorporated Eagle County, the Town of Gypsum and the
Town of Minturn.”
SUMMARY
The Chief of Police, Greg Daly with the Avon Police Department is recommending approval of the
attached IGA with the Eagle County Sheriff’s Office and the County of Eagle. This IGA updates and
renews the current IGA that was approved by the Town Council in 2008. This IGA will continue to
grant authority to Avon police officers, who under certain limited circumstances, may have to take
law enforcement actions, including traffic stops, in unincorporated Eagle County and within the
municipalities of Minturn and Gypsum. The Eagle County Sheriff’s Office is currently contracted to
provide law enforcement services in the municipalities of Minturn and Gypsum.
There is a separate intergovernmental agreement between the municipalities of Vail, Avon, Eagle
and Basalt regarding each incorporated jurisdiction that is not affected by this IGA.
BACKGROUND
In 2008, former Avon Police Chief Brian Kozak proposed an IGA between the Town of Avon
and the Eagle County Sheriff’s Office. The IGA was vetted and approved by the Town Council
at that time. That IGA has been in effect since that time.
The IGA afforded jurisdictional coverage to Avon police officers if they observed traffic
violations or other crimes while outside the boundaries of Avon, especially if they were DUI
related. In addition, it provided jurisdictional coverage for Avon police officers while
participating in joint task forces like the Gore Range DUI Task Force, the Eagle County Special
Operations Unit, and the multi-agency Drug Task Force.
In January 2015, Sheriff James Van Beek took office succeeding Sheriff Joseph D. Hoy. As the
new Sheriff, he reviewed all existing IGA’s and with the assistance of Bryan Treu, County
Attorney, he proposed some changes and presented an updated IGA to the municipal Police
Chiefs in Eagle County, to include the towns of Vail, Avon, Eagle and Basalt.
This proposed IGA allows for Avon police officers to have full law enforcement authority in
unincorporated Eagle County and within the municipalities of Minturn and Gypsum under the
following limited circumstances:
Fresh pursuit of an offender
When a misdemeanor or felony is committed in the presence of an officer or where an
officer witnesses an act that presents an immediate risk to the public or to the officer
A call for assistance from a Sheriff’s Office deputy
Within a quarter mile of the town boundary, to include the stretch of Interstate 70
from Avon Road to Post Boulevard. This allows Avon police officers to address
particular traffic safety issues on Interstate 70, such as speeding infractions as
motorists come down hill westbound from Post Blvd
Under joint operational capacity with the Sheriff to include the Gore Range DUI Task
Force, Eagle County Special Operations Unit and assisting with the multi-agency Drug
Task Force; Gore Range Narcotics Interdiction Team (GRANITE)
Any mutual aid request from the Sheriff or designee
Eric Heil, Town Attorney for the Town of Avon, has reviewed and approved the proposed IGA.
He made the following points:
(1) Avon may terminate with 10 days’ notice
(2) The IGA automatically renews for successive 1 year periods if not terminated
(3) The concurring vote of 4 Council members is required to approve the IGA.
ATTACHMENT
Intergovernmental Agreement
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INTERGOVERNMENTAL AGREEMENT CONCERNING AUTHORIZATION FOR
LAW ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY,
THE TOWN OF GYPSUM AND THE TOWN OF MINTURN
THIS INTERGOVERNMENTAL AGREEMENT (“IGA”) is made and entered into
by and between the Town of Avon Police Department and the Town of Avon (hereinafter
referred to as “Avon”); the Town of Vail Police Department and the Town of Vail (hereinafter
referred to as “Vail”); the Town of Eagle Police Department and the Town of Eagle (hereinafter
referred to as “Eagle”); the Town of Basalt Police Department and the Town of Basalt
(hereinafter referred to as “Basalt”); and the Eagle County Sheriff’s Office and the County of
Eagle, State of Colorado (hereinafter referred to as the “County”). Collectively, Avon, Vail,
Eagle and Basalt are referred to hereinafter as the “Towns” and each individually may be
referred to singularly as a “Town.” The County and the Towns shall collectively be referred to
herein as the “Parties.”
RECITALS
WHEREAS, pursuant to C.R.S. § 16-3-110(2), Town peace officers as defined by C.R.S.
§ 16-3-110 (1)(a) (“Town Officers”) shall have the authority to act when a felony or
misdemeanor is committed in a Town Officer’s presence regardless of whether that Town
Officer is within the Town’s boundaries or whether that Town Officer is on duty, when such
Town Officer has been authorized by the local jurisdiction having jurisdiction to so act; and
WHEREAS, it is the Sheriff’s duty to preserve the peace within Eagle County, including
the unincorporated areas of Eagle County, some of which unincorporated areas are adjacent to
Town boundaries; and
WHEREAS, the Town of Gypsum and the Town of Minturn have contracted with the
Eagle County Sheriff to provide all law enforcement services within their respective corporate
boundaries of each town; and
WHEREAS, to ensure the efficient and cooperative provision of law enforcement services in his jurisdiction, which includes the Town of Gypsum and the Town of Minturn, the
Eagle County Sheriff wishes to set forth the circumstances under which the Towns’ Officers may
perform law enforcement functions and enforce the state’s statutes within unincorporated Eagle
County, the corporate boundaries of the Town of Gypsum and the corporate boundaries of the
Town of Minturn; and
WHEREAS, while the Parties acknowledge that the Sheriff has jurisdiction throughout
Eagle County, the Parties concur that open communication and cooperation between Sheriff
deputies and Town Officers within their respective jurisdictions will best serve the community
and ensure safety of all law enforcement officers throughout Eagle County; and
WHEREAS, County and the Towns enter into this Agreement under the specific
authority to contract for the provision of law enforcement services pursuant to C.R.S. §30-11-
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410 (2) and under general authority of local governments of the State of Colorado to contract
with one another for the provision of services pursuant to C.R.S. §29-1-201, et seq., Article XIV,
Section 18 of the Colorado Constitution; and in accordance with C.R.S. § 16-3-110(2); and
WHEREAS, the County and Towns intend this Agreement to supersede and replace any
and all previous Intergovernmental Agreement between the County and an individual Town for
provision of law enforcement services within unincorporated Eagle County.
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as
follows:
1. Grant of Authority. The Towns, through their respective Police Departments, will be
hereby authorized, to the extent hereinafter set forth in this Agreement, to provide law
enforcement services outside the respective Town’s municipal boundaries as follows:
a. Pursuant to C.R.S. § 16-3-106, in a situation in which a Town Officer is in fresh
pursuit of an alleged offender, having a warrant for his arrest or having knowledge that such
warrant has been issued, or, in the absence of an arrest warrant, when the offense was committed
in the officer’s presence or the officer has reasonable grounds to believe that the alleged offender
has committed a criminal offense, and the alleged offender crosses the boundary line marking the
territorial limit of his authority;
b. When a Town Officer is in unincorporated Eagle County on official police duty
and a felony or misdemeanor has been or is being committed in such Town Officer’s presence,
or where the Town Officer witnesses an act within unincorporated Eagle County that presents an
immediate risk to the public or to the Town Officer;
c. In unincorporated Eagle County, within the corporate limits of the Town of
Gypsum, or within the corporate limits of the Town of Minturn, where the Town’s Officer is
acting in capacity to assist the Sheriff after providing proper notification to Dispatch, after which
the Sheriff or his deputies may discontinue the need for back-up at any time;
d. Where the boundary between the Town and any unincorporated-area of the
County is ambiguous, up to a quarter mile from the Town boundary, or in areas specifically
identified and authorized by the Sheriff, which authorization can be verbally revoked by the
Sheriff or his designee at any time. The Parties agree that this provision is intended to account
for inadvertent patrol or law enforcement activities within a reasonable distance outside of a
Town’s boundaries. Town Officers that have questions about boundaries should seek
clarification through their superiors, the Computer Aided Dispatch Administrator, the Sheriff or
his designee. Notwithstanding the foregoing, the Sheriff specifically authorizes Town of Avon
Officers to provide law enforcement services within the stretch of 1-70 between Post Boulevard
and Avon Road in unincorporated Eagle County.
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e. In unincorporated Eagle County, as well as the corporate limits of the Town of
Gypsum and the Town of Minturn, if the Town Officer is working in a joint-operational capacity
with the Sheriff, including but not limited to, a special operations unit task force, a multi-agency
DUI task force, a multi-agency drug task force, or for temporary assistance for ski-related
operations, or under another specific agreement granting such authority;
f. In accordance with any specific agreement between the Sheriff and an individual
Town; or
g. In accordance with any specific request for mutual aid between the Sheriff and an
individual Town.
2. Jurisdiction. Other than related to a specific agreement for a joint-operation, any Town
Officer shall, immediately notify the Sheriff’s Office whenever involved in an incident arising
out of a situation identified in Section 1above within the unincorporated areas of Eagle County,
the corporate limits of the Town of Gypsum or the Town of Minturn. The Sheriff shall be given
the option to retain primary jurisdiction in any incident arising out of a situation identified in
Section 1 (b) through (g) herein. If the Sheriff decides to retain primary jurisdiction in such an
instance, any person arrested shall be released to the custody of the Sheriff. Nothing in this
Agreement shall be construed to limit or otherwise affect the law enforcement authority of the
County or of any Town.
3. Responsibility for Personnel. As for Town Officers, management of the rendering of
services, leadership and supervision, the standards of performance, the discipline of officers and
all other matters incident to the performance of law enforcement services and the review of
personnel so employed, shall remain with the respective Towns employing such Town Officers.
4. Venue for Prosecution. Other than related to a specific agreement granting authority
otherwise, all citations written by a Town Officer in unincorporated Eagle County, within the
corporate limits of the Town of Gypsum or within the corporate limits of the Town of Minturn,
for violations of any Colorado State Statute or other law shall command the alleged violator to
appear before the appropriate court within Eagle County. Town Officers shall be available to
appear before the court, as needed to prosecute each violation.
5. Equipment. The Towns and County shall furnish and supply all necessary labor,
equipment, and all supplies necessary to maintain the services to be rendered herein by their
respective Officers.
6. Cooperation. Each Party shall give prompt and due consideration to requests directed to
them by another Party to this Agreement, or their designee, regarding delivery of law
enforcement services and the Towns and the County shall work cooperatively to achieve the
services called for herein. Such request may be transmitted in person, by phone, radio, electronic
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medium, or by a third party. Any reasonable transmittal shall be sufficient to invoke this
Agreement.
7. Status of and Responsibility for Employees.
a. The Towns and the County enter into this Agreement as separate, independent
governmental entities and their respective officials and employees shall maintain such status
throughout. Employees assigned under this Agreement shall remain employees of their
respective law enforcement agencies at all times and for all purposes under this Agreement. No
employee of any Town shall be deemed an employee of the County, even if a Town Officer acts
on the County’s behalf under this Agreement.
b. No Party shall be called upon to pay or assume any liability for the direct payment of
any salaries, wages or other compensation to any other Party’s Officers performing services
hereunder. Additionally, no Party shall be liable for compensation or indemnity to any other
Party’s Officers for injury or sickness arising out of his/her performance under this Agreement.
8. Governmental Immunity. The Parties to this Agreement do not intend to waive the
limitations on liability which are provided to the Parties under the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et. seq. The provisions of C.R.S. § 29-5-108 shall not apply
to the activities conducted pursuant to this Agreement.
9. Insurance. Each Party shall provide its own public liability and property damage
insurance coverage as it may deem necessary for any potential liability arising from the services
to be provided under this Agreement.
10. Term and Termination. Unless sooner terminated as provided hereunder, this
Agreement shall be effective from January 1, 2016 through December 31, 2016.
Notwithstanding the foregoing provisions, any Party, with or without cause, may terminate their
participation in Agreement upon the giving of ten (10) days prior written notice of such
termination to the other respective Party. It is the intent of the Parties that this Agreement shall
be renewed for additional one (1) year periods following the end of the initial period, and unless
one of the Parties gives notice to the County at least ten (10) days prior to the end of the initial
period, or then current additional period, that such Party desires to terminate this Agreement, this
Agreement shall be automatically extended for additional periods of twelve (12) months. After
the initial period, this Agreement shall run from January 1st to December 31st of each respective
year.
11. Funding. The Parties agree that this Agreement is contingent upon all funds necessary
for the performance of this Agreement being budgeted, appropriated and otherwise made
available. It is expressly understood that any financial obligations that may arise hereunder,
whether direct or contingent, shall only extend to payment of monies duly and lawfully
appropriated by the governing body of any Party. Should any of the Parties fail to undertake the
5
project because necessary funds have not been budgeted or duly appropriated, that Party may
terminate participation in this Agreement by providing the County with written notice of
termination as set forth herein.
12. Notice. Any notices or other communications required or permitted to be given hereunder
shall be given in writing, delivered personally or sent by first class mail, postage prepaid,
addressed to the Parties at the addresses set forth below or at such other address as either Party
may hereafter designate by written notice to the other Party given in accordance herewith.
Notice will be deemed given on the date of delivery or three business days after deposit in a U.S.
Postal Service depository.
County: Eagle County Sheriff
P.O. Box 359
885 East Chambers Avenue Eagle, Colorado 81631 (970) 328-8500 (telephone)
(970) 328-1448 (fax)
Avon: Town of Avon Chief of Police P.O. Box 975 Avon, Colorado 81620
(970) 748-4040 (telephone)
(970) 845-7098 (fax)
Basalt: Town of Basalt Chief of Police 100 Elk Run Drive, Suite 115
Basalt, CO 81621
(970) 927-4316 (telephone)
(970) 927-4300 (fax) Eagle: Town of Eagle Chief of Police
P.O. Box 609
Eagle, CO 81631
(970) 328-9659 (telephone) (970) 328-9659 (fax)
Vail Town of Vail Police Chief
75 S. Frontage Road W.
Vail, CO 81657 (970) 479-2218 (telephone)
14. No Assignment. This Agreement and the rights and obligations created hereby shall be
binding upon and inure to the benefit of the Parties hereto and their respective successors and
assigns, and may not be assigned by any Party without the prior written consent of the other
Party.
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15. No Unintended Beneficiaries. The Parties agree that this Agreement creates no
obligation or relationship between the Towns, but is intended to govern each Town’s provision
of law enforcement services in unincorporated Eagle County, the Town of Gypsum and the
Town of Minturn only. Nothing herein expressed or implied is intended or should be construed
to confer or give to any person or corporation or governmental entity other than the Towns and
County any right, remedy or claim under or by reason hereof or by reason of any covenant or
condition herein contained.
16. Severability. If any portion of this Agreement is held invalid or unenforceable for any
reason by a court of competent jurisdiction as to any Party, such portion shall be deemed
severable and its invalidity or its unenforceability shall not affect the remaining provisions; such
remaining provisions shall be fully severable and this Agreement shall be construed and enforced
as if such invalid provisions had never been inserted into this Agreement.
17. Modification or Amendment in Writing. This Agreement may be amended, modified,
or changed in whole or in part only by written agreement duly authorized and executed by the
Parties hereto.
18. Jurisdiction and Venue. The law of the State of Colorado shall be applied in the
interpretation, execution and enforcement of this Agreement. Venue for any action arising out of
any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado
19. Entire Agreement. This Agreement represents the full and complete understanding of
the Parties, and supersedes any prior agreements, discussions, negotiations, representations or
understandings of Parties with respect to the subject matter contained herein.
// Remainder of Page Intentionally Left Blank //
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IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and be
effective as of the day and year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD OF
COUNTY COMMISSIONERS
By: ______________________________
Jeanne McQueeney, Chair
Attest:
By: _________________________________
Teak J. Simonton, Clerk to the Board
Date:_____________________
EAGLE COUNTY SHERIFF
By: ______________________________
Sheriff James Van Beek
Date: _______________
TOWN OF AVON, COLORADO
BY AND THROUGH ITS MAYOR
BY: ________________________________ Jennie Fancher, Mayor
ATTEST:
BY: _________________________ Debbie Hoppe, Town Clerk
Date: ________________________
TOWN OF AVON POLICE DEPARTMENT BY AND THROUGH ITS POLICE CHIEF
BY: ________________________________
Greg Daly, Chief of Police
Date: ____________
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TOWN OF EAGLE, COLORADO
BY AND THROUGH ITS MAYOR
BY: ________________________________
Anne McKibbin, Mayor
ATTEST: BY: _________________________
Jenny Rakow, Town Clerk
Date:_____________________ TOWN OF EAGLE POLICE DEPARTMENT
BY AND THROUGH ITS POLICE CHIEF
BY: ________________________________ Joseph Stauffer, Chief of Police
Date: _______________
TOWN OF VAIL, COLORADO BY AND THROUGH ITS MAYOR
BY: ________________________________ Dave Chapin, Mayor
ATTEST:
BY: _________________________ Patty McKenny, Town Clerk Date: _____________________
TOWN OF VAIL POLICE DEPARTMENT BY AND THROUGH ITS POLICE CHIEF
BY: ________________________________
Dwight Henninger, Police Chief Date: _________________
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TOWN OF BASALT, COLORADO BY AND THROUGH ITS MAYOR
BY: ________________________________
Jacque Whitsitt, Mayor
ATTEST:
BY: _________________________
Pam Schilling, Town Clerk
Date: ____________________ TOWN OF BASALT POLICE DEPARTMENT
BY AND THROUGH ITS POLICE CHIEF
BY: ________________________________ Greg Knott, Chief of Police
Date: ____________________
TOWN COUNCIL REPORT
To: Honorable Jennie Fancher and Town Council
From: Greg Daly, Chief of Police
Date: September 13, 2016
Agenda Topic: Intergovernmental Agreement between the Town of Avon and the Colorado
Information Sharing Consortium
ACTION BEFORE COUNCIL
Action on Intergovernmental Agreement (IGA) between the Town of Avon and the Colorado
Information Sharing Consortium (CISC).
RECOMMENDED MOTION
“I move to approve the Intergovernmental Agreement between the Town of Avon and the Colorado
Information Sharing Consortium.”
SUMMARY
The Chief of Police, Greg Daly with the Avon Police Department is recommending approval of the
attached IGA with the Colorado Information Sharing Consortium (CSIC).
BACKGROUND
This IGA is effectively a renewal of a current service. The service is delivered in parallel with our shared
countywide records management system (RMS). The CISC service has changed its technology
platform and is provided by a different company, Numerica.
CSIC was created in 2006. In 2014 it became a Colorado Legal Entity under Colorado Revised Statutes
29-1-203 (4). The purpose of CISC is to facilitate the sharing and analysis of data and intelligence
information between governmental entities and agencies to make our communities safer.
There are 55 police departments, sheriff’s offices and state level agencies in Colorado that are
currently members of CISC. This data and intelligence sharing system allows access to each agencies
record management systems and allows officers, deputies, detectives who are researching for a case
to have access to name, vehicle and other case information that can assist in the investigation of
crimes and/or in the apprehension and prosecution of suspects. The information remains the sole
proprietary information of the party contributing that data and intelligence information.
The fee for participation in the CISC is covered through the TOA annual contracted payment to the Vail
Communications Center for Dispatch services. There are no multiple year fiscal obligations. There is no
duty to pay membership fees. TOA has the right to terminate with 60 days’ notice.
The list of agencies that have currently signed the IGA include: Adams County SO, Arapahoe County
SO, Arvada PD, Aspen PD, Aurora PD, Boulder County SO, Boulder PD, Broomfield PD, Carbondale PD,
Castle Rock PD, Cherry Hills Village PD, Colorado Department of Public Safety, Colorado Springs PD,
Colorado State University PD, Commerce City PD, Craig PD, Denver PD, Douglas County SO, Durango
PD, Edgewater PD, Erie PD, Estes Park PD, Fort Collins PD, Garfield County SO, Grand Junction PD,
Greenwood Village PD, Jefferson County SO, Lakewood PD, Larimer County SO, Littleton PD, Lone
Tree PD, Loveland PD, Mesa County SO, Moffat County SO, Northglenn PD, Parker PD, Pueblo PD,
Sheridan PD, Thornton PD, Timnath PD, University of Colorado, Denver PD, Vail PD, Westminster PD
and Wheat Ridge PD.
Eric Heil, Town Attorney for the Town of Avon, has reviewed and approved the proposed IGA.
ATTACHMENT
Intergovernmental Agreement
Intergovernmental Agreement of the Colorado Information Sharing Consortium
Separate Signature Page
SEPARATE SIGNATURE PAGE
TO THE
INTERGOVERNMENTAL AGREEMENT
OF THE
COLORADO INFORMATION SHARING CONSORTIUM
By signing this separate signature page to the Intergovernmental Agreement of the
Colorado Information Sharing Consortium (the “Agreement”), the undersigned agrees to be
bound by the terms and conditions of the Agreement. Consistent with paragraph 32 of the
Agreement, upon delivery of this signed signature page to the Manager of the CISC, satisfaction
of any conditions imposed by the Board, if applicable, and payment of any CISC membership
fees, if applicable, the undersigned shall be a Party to the Agreement with all the rights and
responsibilities thereunder. This signature page shall be appended to the Agreement and shall
become part of the Agreement as of the date listed below.
Name of Entity: Click here to enter text.
By:
Name:
Click here to enter text.
Title:
Click here to enter text.
Date:
Click here to enter text.
Attest:
Name:
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Jim Horsley, Project Engineer
Eric Heil, Town Attorney
Meeting Date: September 13, 2016
Agenda Topic: Resolution No. 16-24, Approving Permanent Drainage Easement for Lot #33 for
the Metcalf Road Bicycle Climbing Lane Construction Project
ACTION BEFORE COUNCIL
Review and approve Resolution No. 16-24, Approving Permanent Drainage Easement for Lot #33 for
the Metcalf Road Bicycle Climbing Lane Construction Project.
PROPOSED MOTION
I move to approve Resolution No. 16-24, Approving Permanent Drainage Easement for Lot #33 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 agreement allows the Town the right of access
to property to repair and maintain underground and aboveground drainage facilities. Drainage
facilities initially planned to be constructed within the existing Town right-of–way were rerouted
through a portion of Lot #33 due to substantial utility conflict. The Town Attorney has reviewed and
approved the Agreement.
ATTACHMENTS:
Resolution No. 16-24
RESOLUTION NO. 16-24
APPROVING PERMANENT DRAINAGE EASEMENT FOR LOT 33
WHEREAS, the Avon Town Council has determined that the construction of a bike
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 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 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
Easement Agreement for Lot 33, Block 1, Benchmark at Beaver Creek, Amendment 4, Avon, Colorado with Beck Family Partnership, Ltd. which Easement Agreement is attached hereto as
Exhibit A.
ADOPTED September 13, 2016 by the AVON TOWN COUNCIL
By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
02674404.1 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 13th day of September, 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 1,452 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
02674404.1 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
02674404.1 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. 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 Two Thousand Six Hundred Dollars ($2,600.00). 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 above pursuant to the terms of this
Easement Agreement. 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
02674404.1 4
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.
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
02674404.1 5
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)
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
02674404.1 6
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
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]
02674404.1 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
02674404.1 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
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 23, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 08-23-2016 Minutes Page 1
1.A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:03 p.m. A roll call was taken and Council members
present were Sarah Smith Hymes, Megan Burch, Scott Prince, Buz Reynolds, and Matt Gennett. Mayor
Pro Tem Jake Wolf was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric
Heil, Police Chief Greg Daly, HR Director Lance Richards, Fleet Director Rego Omerigic, Recreation
Director John Curutchet, Assistant Town Manager Scott Wright, Executive Assistant to the Town
Manager Preston Neill, and Deputy Town Clerk Brenda Torres.
2.APPROVAL OF AGENDA
There were no changes to the agenda.
Mayor Pro Tem Jake Wolf arrived at 5:52 p.m.
3.PUBLIC COMMENT
Leslie Rubis, Kara High, Amy Hunter and Ruth Stanley commented.
4.WORK SESSION
START TIME: 00:19:19
4.1. REVIEW AND DIRECTION ON REVENUE PROJECTIONS FOR THE 2017-18 BUDGET AND ALLOCATION TARGET OF
UP TO $205,000 FOR COMMUNITY GRANTS (ASSISTANT TOWN MANAGER SCOTT WRIGHT &
EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL).
Councilor Sarah Smith Hymes moved to allocate up to $205,000 for community grant funding
that the Ad Hoc Review Committee’s funding recommendations shall not exceed; Councilor
Burch seconded the motion and it passed unanimously by those present.
4.2. REVIEW OF 2017 COMPENSATION PROGRAM, INCLUDING PERSONNEL SALARIES AND HEALTH CARE RESERVES
AND PREMIUMS
(ASSISTANT TOWN MANAGER SCOTT WRIGHT & HUMAN RESOURCES DIRECTOR LANCE RICHARDS)
5.ACTION ITEMS –CONSENT AGENDA
START TIME: 01:50:58
5.1. APPROVAL OF RESOLUTION 16-22 SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR
RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND
CERTIFYING MATCHING FUNDS FROM THE CAPITAL PROJECTS FUND FOR THE CONSTRUCTION OF DESTINATION
JUMP, SPLASH, LEARN – A NEW PLAYGROUND IN AVON, COLORADO (RECREATION DIRECTOR JOHN
CURUTCHET)
5.2. APPROVAL OF THE AUGUST 9, 2016 MINUTES (TOWN CLERK DEBBIE HOPPE)
Councilor Reynolds moved to approve the consent agenda items; Councilor Gennett seconded
the motion and it passed unanimously by those present.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 23, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 08-23-2016 Minutes Page 2
WRITTEN REPORTS
6.1. MONTHLY FINANCIALS REPORT (BUDGET ANALYST KELLY HUITT)
6.2. GIFT REPORTING – 2016 BEAVER CREEK RODEO GIFT BAGS
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
7.COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8.MAYOR & COUNCIL COMMENTS
9.TOWN MANAGER UPDATE
10.EXECUTIVE SESSION FOR THE FOLLOWING PURPOSES:
10.1 EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR
SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(A) AND TO
DETERMINE 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)
CONCERNING CONSERVATION OF CERTAIN TOWN OWNED PROPERTY
10.2 EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) AND TO
DETERMINE 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)
CONCERNING EAGLEBEND AFFORDABLE HOUSING
10.3 EXECUTIVE SESSION 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) IN REGARDS TO A PUBLIC-PRIVATE PARTNERSHIP
10.4 EXECUTIVE SESSION 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) IN REGARDS TO EVENT FUNDING
Council convened into Executive Session at 7:29 p.m.
Executive Session ended at 9:44 p.m.
Council reconvened into regular session at 9:44 p.m.
10.ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 9:45 p.m.
6.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, AUGUST 23, 2016
AVON TOWN HALL, ONE LAKE STREET
Avon Council Meeting 08-23-2016 Minutes Page 3
RESPECTFULLY SUBMITTED:
_______________________________________
Brenda Torres, Deputy Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Albert “Buz” Reynolds ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
Page 1 of 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Lance J. Richards, Human Resources Director
Meeting Date: September 13, 2016
Agenda Topic: Swearing In and Badge Pinning Ceremony for Greg Daly as Chief of
Police
SUMMARY
Tonight we will join Greg Daly, his family and the First Responder Community as Greg takes
his oath as Avon’s new Chief of Police and receives his insignia.
It is a long-standing tradition in the First Responder Community that a Badging Ceremony is
held upon completion of Police or Fire Academy, and then upon subsequent promotions.
The badge and stars which a Chief of Police wears are the visible signs of his or her role,
responsibilities and authority in the community.
Traditionally, the mayor explains the individual’s background to the assembled guests. The
promoted official is sworn into his or her new position, and then a person chosen by the
individual is asked to pin the badge and stars onto the individuals’ uniform.
Mayor Fancher will preside over the swearing-in. The Oath of Office, per Avon Ordinances,
will be administered by the Town Clerk, Debbie Hoppe. Chief Daly will have his badge
pinned on his uniform by his wife Gillian, and his Chief’s stars pinned on him by his two
children.
Additionally, please note that we expect to have guests from our First Responder
Community attend as well. Photos will follow the swearing in.