TC Packet 01-10-2017 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 10, 2017
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 3:30 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 8:15 PM
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 8:30 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. 1
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 3:30 PM (SEE AGENDA BELOW)
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 8:15 PM (SEE SEPARATE AGENDA PAGE 3)
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 8:30 PM (SEE SEPARATE AGENDA PAGE 4)
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. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) RELATED TO
SUCH REAL PROPERTY DISCUSSION AND FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS
THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING
NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E)
5. MAYOR’S STATEMENT REGARDING ALLEGATIONS REPORTED IN THE VAIL DAILY ARTICLE “AVON SWIM PROGRAM
DRAWS CONTROVERSY” (MAYOR JENNIE FANCHER)
6. WORK SESSION
6.1. REVIEW OF THE TOWN OF AVON 2017-2018 STRATEGIC PLAN (TOWN MANAGER VIRGINIA EGGER)
6.2. REVIEW AND DISCUSSION OF THE DRAFT TOWN OF AVON EMPLOYEE HOUSING VISION & PHILOSOPHY
(TOWN MANAGER VIRGINIA EGGER)
6.3. REPORT ON FINANCING OPTIONS FOR EAGLEBEND AND KAYAK CROSSING AFFORDABLE HOUSING PROGRAMS
(COUNCILOR SCOTT PRINCE)
6.4. REVIEW AND DIRECTION CONCERNING TERMINATION OF THE BENCHMARK PROTECTIVE COVENANTS
(TOWN ATTORNEY ERIC HEIL)
7. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE LIQUOR LICENSING AUTHORITY AND A MEETING
OF THE URBAN RENEWAL AUTHORITY
8. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING
9. ACTION ITEMS
9.1. REVIEW AND 2017 APPOINTMENTS TO BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS
(MAYOR JENNIE FANCHER)
9.2. REVIEW AND ACTION ON THE TOWN OF AVON 2017 FREE EVENTS PROGRAM AND REQUESTED FUNDING
SUPPORT (DIRECTOR OF FESTIVALS AND SPECIAL EVENTS DANITA DEMPSEY)
9.3. REVIEW AND APPOINTMENT OF AD HOC SPECIAL EVENTS COMMITTEE (MAYOR JENNIE FANCHER)
9.4. REVIEW AND ACTION ON ANY CHANGES TO THE 2017 REGULAR AND RETREAT MEETING SCHEDULE
(TOWN MANAGER VIRGINIA EGGER)
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 10, 2017
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 3:30 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 8:15PM
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 8:30 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.
2
9.5. CONSENT AGENDA
9.5.1. APPROVAL OF RESOLUTION 17-01, DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF
PUBLIC MEETINGS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
9.5.2. APPROVAL OF REQUEST TO EXPAND THE SPECIAL EVENT PRODUCTION ASSISTANT FROM A SEASONAL
TO A FULL-TIME POSITION AND APPROVAL OF ADDITIONAL FUNDING FOR THE POSITION FROM THE
2017 GENERAL FUND CONTINGENCY LINE ITEM
(DIRECTOR OF FESTIVALS AND SPECIAL EVENT DANITA DEMPSEY)
9.5.3. APPROVAL OF THE DECEMBER 13, 2016 REGULAR MEETING MINUTES (TOWN CLERK DEBBIE HOPPE)
9.5.4. APPROVAL OF THE DECEMBER 20, 2016 SPECIAL MEETING MINUTES
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
10. WRITTEN REPORTS
10.1. WINTER TRANSIT PILOT PROGRAM
10.2. PURCHASE AND USE POLICY FOR TOWN COUNCIL TABLETS UPDATE
10.3. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY DECEMBER 15, 2016, REGULAR BOARD MEETING
10.4. THE MOUNTAIN PACT: OUTDOOR REC ACT PRESS RELEASE
11. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
12. ADJOURNMENT
Page 1 of 1
MAYOR’S STATEMENT
Regarding Allegations Reported in the Vail Daily Article
“Avon Swim Program Draws Controversy”
January 10, 2017
The Vail Daily published an article on December 23, 2016 entitled, “Avon swim program draws
controversy”. The focus of the article questioned whether Council member Scott Prince had a
conflict of interest in voting on the 2017 annual budget, which included appropriations for the new
Town operated swim program at the Avon Recreation Center. The article also accuses Virginia
Egger, Town Manager, of bullying Theresa Scala out of business with the Avon swim program. The
unfortunate and misguided attack on both Council member Scott Prince and Town Manager Virginia
Egger states inaccurate facts and takes the spotlight off of all things that are positive related to the
Town’s swim program. I would like to take the time to correct those facts that are inaccurate.
To set the record straight, there was no conflict of interest or appearance of impropriety by Council
member Scott Prince in voting on the 2017 annual budget. Under the Town Code of Ethics, the Avon
Town Council determines whether a conflict of interest exists. Council member Scott Prince
previously disclosed his interest in the swim program and Council was well informed of the financial
details of the Town operated swim program for 2017. There was no concern by the Avon Town
Council that Council member Scott Prince had a conflict of interest in voting on the 2017 annual
budget. Town Attorney Eric Heil has provided a legal memorandum regarding the Town Code of
Ethics and conflict of interest considerations related to the swim program and voting on the 2017
annual budget which thoroughly explains the facts and chronology of the swim program evaluation
and actions by Council.
The process to evaluate the Avon swim program was complete and professional, with a great deal of
outreach to the community. The Town Council determined that a Town operated swim program was
in the best interest of the Avon community. The program has proven to be immediately successful
and well received by the Avon community. In addition, the guidance of the Town Manager
throughout the evaluation process was evidenced to be both professional and inclusive of
community interests. There was no bullying or unprofessional conduct at any time during this
process.
The Avon Town Council is proud of the new Town operated swim program and we look forward to
better serving the Avon community with this valuable program. The article grossly overstates the
cost of the Avon swim program as $100,000. The actual cost in the 2017 budget was approximately
$41,000, which is expected to be reduced to zero as the swim program grows over the next several
years.
The Vail Daily article attacked the integrity and professionalism of a Council member and the Town
Manager for a program that is truly designed to best serve our community. I find this disappointing
and certainly worthy of pointing out the inaccuracies in the public record. Through the entire
process the best interests of the Avon community has been at the forefront.
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: Avon Swim Program and Vail Daily Article
DATE: January 5, 2017
SUMMARY: An article entitled “Avon swim program draws controversy”, dated December 23, 2016, raises
questions about a potential conflict of interest for Council member Scott Prince by voting for Town’s annual
budget. The article also includes several quotes and statements from myself as the Town Attorney which
suggest that I have some concern about a potential conflict of interest, or appearance of impropriety,
resulting from Council member Prince voting on the annual budget. I read the Vail Daily article on-line
before the print edition was distributed and I contacted John LaConte to express strong concerns that the
article did not fairly or accurately represent my conversation with him concerning conflict of interest
considerations related to a Council member voting on an annual budget. I strongly suggested that the
article should be retracted and re-written, which suggestion was declined.
This memorandum provides my legal advice to the Avon Town Council concerning a council member
voting on the annual budget and potential conflict of interest items and clarifies certain assertions in the Vail
Daily article.
First, I apologize to the Avon Town Council, and in particular Council member Prince, for any
participation on my part in the Vail Daily Article whereby it appears that I am providing legal advice on
behalf of the Town through the Vail Daily. My legal advice concerning Town matters should flow directly
from myself to the Avon Town Council and Town staff. Public allegations, suggestions or innuendos of
conflict of interest or impropriety are very serious and it is understandably confusing at best for Council
members to read such allegations along with statements from myself in a local newspaper. For the record,
I have never questioned the integrity or impeccable ethical commitment of Council member Scott Prince
with regard to any Town matter.
FACTS: The Town of Avon began an evaluation process of the swim program in February, 2016. After
several community meetings, the Town issued a Request for Proposals in early summer of 2016. The
Town formed an Ad Hoc Bid Review Committee to review proposals. Council member Prince has a family
member who has been enrolled in the swim program at the Avon Recreation Center, both while the
program was run by a private for-profit organization through last fall and since then as the Town of Avon’s
program. The enrolled family member also participates in the competitive swim portion of the Town’s
program. The participation and membership in the swim meets varies significantly from meet to meet.
Participation in all swim programs, including the competitive group, increases substantially during the
summer. Council member Prince recused himself from participation on the Ad Hoc Bid Review Committee
to avoid any question of conflict of interest or appearance of impropriety. Furthermore, Council member
Prince recused himself from an executive session on August 9, 2016 concerning the existing for-profit swim
program lease with the Town of Avon.
As a result of the responses to the Request for Proposals and the recommendations of the Ad Hoc
Committee, John Curutchet, Director of Recreation, proposed that the Town of Avon establish and
administer a Town operated swim program in lieu of the existing for-profit swim school. The 2017 Annual
Budget included an appropriation for the Avon Swim Program as a new Town operated program, which
was presented in a September 27, 2016 Town staff memo as a $41,485 subsidy (meaning expenditures in
excess of projected revenues) for 2017. The September 27, 2017 memorandum detailed the projected
M EMORANDUM & PLANNING, LLC
Avon Town Council
Avon Swim Program/Vail Daily Article
January 5, 2017
Page 2 of 2
revenues and costs of various components of the swim program, including the USA Swim and Swim Meet
Travel Expenses.
ETHICS ANALYSIS: The Town of Avon has adopted a Code of Ethics under its home rule authority which
supersedes both the statutory Code of Conduct and common law on ethics under Section 2.30.030 –
Finding of local concern and Section 2.30.040 – Effect of common law. Section 2.30.060 Conflict of
Interest lists eleven conflicts of interest and Section 2.30.070 – Exemptions lists four exceptions which
supersede the listed conflicts of interest. Exempted from a finding of conflict of interest is Section
2.30.070(1) “Accepting or receiving a benefit as an indirect consequence of the performance of an official
act” and Section 2.30.070(2) “Taking official action when such officer is similarly situated to other Town
residents, such as adopting general land use regulations, owning property within a special or local
improvement district, voting for taxes or bonds, adopting ordinances of general applicability or otherwise
acting upon matters involving the common public interest, . . . .” I had advised Council member Prince that
I felt that the swim program was a matter involving common public interest and any Council member is
similarly situated to other Town residents with regard to the benefits of a swim program open to the general
public. Council member Prince twice disclosed his interest in the swim program, including disclosure to the
Council when recusing himself from participation in executive session in August, 2016.
Section 2.30.080 – Disclosure of conflict of interest in Town Council action provides that any member of
the Town Council shall disclose a potential conflict of interest and that any member of the Town Council
may raise the issue of a potential conflict of interest concerning another Council member. Section 2.30.080
also states in part that “The Town Council shall determine whether a conflict of interest exists.”
Council member Prince did recuse himself from participation with an ad hoc committee and recused
himself from participating in an executive session concerning the prior for-profit lease agreement to provide
a swim program at the Avon Recreation Center; therefore, Council was aware of any potential conflict of
interest by Council member Prince prior to voting on the annual budget. Furthermore, Council was also
informed in detail of the line items for revenue and expenditure of various components of the 2017 swim
program as described in the September 27, 2016 Town staff memorandum.
Considering the disclosure by Council member Prince of his interest in the swim program to Council
and the explanation of financial details of the swim program prior to consideration of the 2017 budget, and
considering the specific exemptions from conflict of interest in Sections 2.30.070(1) and (2), I do not believe
any conflict of interest issue exists with regard to Council member Prince voting on the 2017 annual budget.
Ultimately, under the Town Code of Ethics, any finding of a conflict of interest, including the appearance of
impropriety, is a determination by the Town Council, not the Town Attorney. The Town Code of Ethics
does not include provisions for retro-active determinations of conflict of interest for matters upon which
Council has already acted. In this circumstance, there is no new information available to Council that was
not available prior to taking action on the 2017 annual budget. Lastly, Section 5.5(b) of the Avon Home
Rule Charter states in part, “Every Council member who is present must vote upon all voting matters unless
excused by the Town Code of Ethics, this Charter, or rules and procedures for Council meetings adopted
by ordinance.” Therefore, absent a finding of conflict of interest by the Avon Town Council, Council
member Prince was required to vote on the 2017 annual budget.
Thank you, Eric
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: January 10, 2017
Topic: REVIEW OF THE TOWN OF AVON 2017-2018 STRATEGIC PLAN
OVERVIEW
Attached is the Town of Avon 2017-2018 Strategic Plan, which was adopted by Resolution 16-19 on
June 28, 2016. The Strategic Plan is adopted as the first action by Council to direct the preparation of
the multi-year budget.
One work item, the update of the 2006 Comprehensive Plan, was not completed by the 2016 Strategic
Plan update target date of December 31, 2016. Completion of the plan, including adoption, is now
forecast by April 1, 2017.
Should Council have changes to the Strategic Plan, action on the plan will be presented at a
subsequent Town Council meeting for adoption by resolution.
TOWN OF AVON
2017-2018
STRATEGIC PLAN
Adopted by the Avon Town Council
Resolution 16-19, Series of 2016
June 28, 2016
2017-18 STRATEGIC PLAN
June 28, 2016
Purpose of the Strategic Plan
The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring
investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of
Avon. This work of the Council has been done since 2013, when the Town’s first Strategic Plan was developed
and adopted at regular Council meetings, with meeting notice.
In July of 2015, the Town Council provided the opportunity for residents and businesses to identify the most
important issues in the Town through civic engagement outreach at open houses. The outreach was specific to
the development of a community survey, which was distributed to all residential households and businesses in
Avon on August 3, 2015. Results were presented to Council on September 22, 2015. The results have aided the
Council in identifying priorities over the next several years and have provided information as to other methods
to engage the public in the vision and strategic planning of the Town.
The Strategic Plan is updated each year to reflect dynamic change, as may be needed, and to present to the
Avon community the important work planned by the Town over the planning period.
The following section presents the Strategic Plan Vision, which provides a dynamic overview describing
the way of life in Avon, the values the community holds and serves as a comprehensive statement
regarding the focus and directed outcomes of the Town’s work.
From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the
Town. The four outcomes, with successes, challenges and strategies to achieve each vision are detailed,
resulting in a Strategic Plan.
Once the Strategic Plan is adopted, a budget is prepared to meet the multi-year program, followed by
each department submitting a business work plan to the Town Manager identifying the timing and
process for implementing each strategy. Progress on the work plans are monitored to ensure
outcomes are met.
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2017-18 STRATEGIC PLAN
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Strategic Plan Vision
“… To provide a high quality of life, today and in the future, for a diversity of people and interest,
and to promote their ability to live, work, visit and recreate in the community.”
TOWN OF AVON COMPREHENSIVE PLAN, REVISED MARCH - 2008
The Town of Avon, surrounded by natural beauty, is today a strong community, which will maintain a focus on
families and workers, and that will build on its strengths to become a nationally and internationally recognized
year-round mountain resort community. Committed to providing a high level of municipal services for our
citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational
and educational offerings in partnership with our broader community and regional public and private sector
agencies, thereby ensuring sustained economic vitality and a vibrant community experience.
Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at
its founding and in its early years. It is this superior level of quality development that Avon believes will be its
comparative advantage in the future, and, therefore, will work to attract and promote these types of
developments by ensuring Town plans and incentives are constructed in a manner which provides the
development community clear and timely information; and by steadfastly maintaining a professional and
solution-oriented municipal business.
The Town will continue to value and support our full-time and part-time resident population by providing an
exceptional level of municipal services and by working to retain existing businesses as the Town seeks to
expand its retail and commercial base, while fostering our sense of community through both our spirit and the
built environment. The importance of vibrancy and activity within the Town will be supported by attracting an
array of new and diverse cultural and recreational events to Avon which are in concert with the values of our
community and serve to nurture a cohesive sense of place and public.
It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and
efficiency in providing government services and a practiced belief in open and transparent governance that will
lead the successful implementation of this vision for the growth and development of Avon.
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2017-18 STRATEGIC PLAN
JUNE 28, 2016
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Strategic Plan
Fiscal Years 2017-18
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
The Town will continue to value and support our community through a strong and diverse economy, attentive to
business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base.
The Town’s commitment to planning for future growth; openness to new community development trends; and,
recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic
relationship for the successful construction of the built environment and business growth.
RECENT SUCCESSES
MEDICAL OFFICE BUILDING TCO/CO - ELEMENTARY
SCHOOL STREET SAFETY IMPROVEMENTS -
DEVELOPMENT OF E/WBC BLVD WALKABILITY
DESIGN TEST & FINAL PLAN - WAYFINDING SIGNAGE -
BUS SHELTER CONSTRUCTION – MARKETING PLAN
COMPLETED – WILDRIDGE LOT SPLIT REGULATION
UPDATE
CURRENT CHALLENGES
SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR
WORKERS & SENIORS - FEW HOUSING OWNERSHIP
OPPORTUNITIES - CHANGING DEMOGRAPHICS OF
THE SKI INDUSTRY & INCREASED COMPETITION
STRATEGIES
Tier 1 Priorities
Develop Town of Avon Housing Guidelines, including but not limited to an employee housing resident goal
Develop diverse options for local working housing through public –private partnerships
Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit,
parking and wayfinding
Bid and construct approved E/WBC Boulevard walkability plan in one or two phases depending
on cost
Complete walkability plan for the remainder of the Avon core as an initial phase of the
development of a comprehensive parking and multi-modal transportation plan, including the
remediation of sidewalk gaps
Fully support Avon transit as a key element of a walkable community, including funding of a
Town late night transit loop; testing taxi, dial-a-ride or transportation network company (e.g.,
Uber) services for low-ride routes, including Wildridge; stay attentive to the potential role of
autonomous cars
Determine funding for a Town of Avon internal late night bus
Proactively partner with ECO and other Eagle County jurisdictions to fully consider transit
consolidation opportunities, expansion of commuter service for employees who work late
shifts and other transit initiatives to improve service and efficiency
With consultant services, prepare master land use plans for Tract G, Lot 5 and Swift Gulch, building on the
Stan Clauson Associates, November, 2015, initial plan; and a comprehensive parking plan for the Town’s
commercial core. In the Tract G planning, evaluate expansion of the Recreation Center and a parking
garage. Engage a citizen committee to serve as a stakeholder group for consideration of the relocation
of the Hahnewald Barn, Blacksmith Shop and Cabin in the Town of Avon. The consultant will also prepare
2017-18 STRATEGIC PLAN
June 28, 2016
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a parking plan for Town of Avon commercial core. The planning will be an inclusive process with the
greatest civic engagement from the initial meetings through Planning and Zoning Commission
recommending action and Council adoption hearings.
Analyze the current Real Estate Transfer Tax primary exemption of $160,000 as a mechanism to increase
affordable opportunities for homeownership in Avon to support employee housing shortages for Avon
businesses; as well as explore other regulatory and revenue generating options, including voluntary
contributions to support the development of employee housing
Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home
sizes.
Monitor the status of the Town’s request to the USFS, under the Town of Avon – USFS Memorandum of
Understanding, to study USFS Road 779, also known as the Metcalf access road, for progress through the
planning process and budget funds for the development of the road access and/or parking lot.
Tier 2 Priorities
Evaluate the formation of a special improvement district to improve the facades of the Avon Center,
Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including development
of public spaces
Map railroad right-of-way and Town easements to evaluate transportation options
Work with local merchants on a bike sharing program
On-going
The Town shall be proactive in outreach to the Elementary School and communities to the west of the
school to fully include these populations in 1) decisions of the Town, and 2) assessing and funding
service, capital, maintenance and infrastructure needs; with consistent and robust outreach and
marketing of the Towns programs, such as Recreation Center swim lessons, to improve accessibility and
greater participation in programs and activities
Work proactively with the owners of vacant commercial property to find leaseholders and/or
redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments
generated from the existing district or in a potential new Urban Renewal Authority district, and/or
2) Other economic development incentives including tax rebates, zoning amendments, etc.
Maintain a strong partner relationship with the Avon business community, nonprofits, Walking
Mountains Science Center, Vail Leadership Institute/Vail Centre and developers.
Actively employee the service of the Vail Valley Partnership in meeting and working with Avon’s
businesses
Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for
developments in the Town of Avon to discuss current issues, development needs and opportunities
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Strategic Plan
Fiscal Years 2017-18
PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the
Town. Avon will promote sustainability through the funding of programs and projects to protect the Town’s
and the regions clean waters and clean air.
RECENT SUCCESSES
UERWA UNALLOCATED POLICY ADOPTED – WATER
ORIENTATON FOR TOWN COUNCIL – WILDFIRE
COORDINATION WITH ERFPD FOR HOMEOWNER
OUTREACH – MOUNTAIN STAR FUNDING
AGREEMENT -
CURRENT CHALLENGES
POTENTIAL COLORADO WATER COMPACT CALLS &
SHORTAGES - WILDFIRE POTENTIAL - POTENTIAL
LONG-TERM DROUGHT IMPACTS - EAGLE RIVER
PROTECTION - CLIMATE CHANGE - RESOURCE COST
ESCALATION
STRATEGIES
Tier 1 Priorities
Evaluate all Town projects to the greatest extent possible under an objective of climate change
mitigation, considering financial feasibility of cost reductions and beneficial impact to the environment
Amend the Town’s landscape code to more effectively replace vegetation which has been removed
With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce water
use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River
Assess the Town's public tree stock in the park and in right-of-ways for timely replacement
Proactively ensure trees on public and private property do not host and spread viruses; remove dead
trees with a well-developed landscape program
In planning for the new Police Station and Town Hall, adopt a paperless strategy to reduce waste and
support files, etc.
Tier 2 Priorities
Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste
haulers
Consider legislation to end the use of plastic bags by retailers in the Town of Avon
Take the lead role in working with the UERWA to assess and potentially partner with the Aspens Mobile
Home Village to improve and/or replace the property’s water distribution system to eliminate water loss
Develop a plan to improve the visual gateway and corridor along I-70
On-going
Partner with Eagle County and its political jurisdictions to implement the Eagle County Climate Action Plan
Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate, needed Eagle
River improvements
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Strategic Plan
Fiscal Years 2017-18
DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL & CULTURAL OPPORTUNITIES
The importance of vibrancy and activity within the Town will be supported by partnering with existing special
events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which
meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive
sense of place and public.
RECENT SUCCESSES
MAIN STREET MALL/PAVILION DIVERSE EVENT &
FESTIVAL ACTIVATION - MAIN STREET MALL
COMPLETION & ACTIVATION COMPLETION OF
REGIONAL TRAIL AND METCALF CLIMBING LANE –
EXPANSION OF MOBILE CART PROGRAM AND FOOD
TRUCK PROGRAM AT NOTTINGHAM PARK -
PLAYGROUND DESIGN COMPLETED WITH CITIZEN
COMMITTEE – MARKETING PLAN COMPLETED –
TRAILS MASTER PLAN UPDATED
CURRENT CHALLENGES
IDENTIFYING & NURTURING A DIVERSE &
SUSTAINABLE YEAR-ROUND SCHEDULE OF
CULTURAL EVENTS - SUMMER REVENUE, WHEN
MEASURED BY SALES TAX, LAGS WINTER RECEIPTS
STRATEGIES
Tier 1 Priorities
Prepare, with consultant services, a GOCO grant to relocate and upgrade the Harry A. Nottingham Park
Playground; with successful funding and grant match construct the new Destination Jump, Splash, Learn
playground
Continue to solicit, develop and fund, in partnership with qualified producers, a diverse program of
vibrant arts, educational, cultural and recreational offerings at the Pavilion & Mall, as directed through
the annual Town Council review of all offerings. In particular, seek to add live theater as a desired multi-
day or evening festival. Expand use of the Pavilion in shoulder seasons to local band productions, which
are low key and low budget, such as a battle-of-the-bands or open mike nights.
Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town
Council, as soon as possible; pursue construction grants
Tier 2 Priorities
Build photo monuments around the commercial core to memorialize Avon’s history
Evaluate a Scientific and Cultural District to provide funding to Walking Mountains educational programming
and Avon’s cultural activities
Identify locations for the installation of outdoor percussion instruments and fund in the Capital Projects Fund,
when feasible
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June 28, 2016
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On-going
When approving Town funded or supported festivals and events which offer alcoholic libations, require
that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit.
Support regional World Class events and the Walking Mountains School
As appropriate, share the results of the Community Survey with potential business interests in terms of
types of businesses and services desired in Avon
Maximize the grant resources available through potential sources available such as through the Office of
Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a
Scientific & Cultural Facilities District, and Department of Local Affairs
2017-18 STRATEGIC PLAN
June 28, 2016
Pa
g
e
9
Strategic Plan
Fiscal Years 2017-18
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT
Ensure that Town government is managed and operated as a “competitive” business and in a manner which is
client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing
best practices, and using Town resources effectively and efficiently in each department. Ensure the Avon Police
Department is fully invested and highly successful as a community policing agency for the Town. Provide for
the development of capital projects, which support the community-resort economy, and promote the Town
brand through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-
go, new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative
and resilient to change.
RECENT SUCCESSES
COUNCIL STRATEGIC PLAN ADOPTED – POLICE
STATION DESIGNED & BALLOT ISSUE FOR FUNDING
APPROVED – PURCHASE OF NEW TOWN HALL -
BALANCED BUDGETS/RESERVES MAINTAINED - CIVIC
ENGAGEMENT PROGRAMS - EXPENDITURE SAVINGS -
DEFFERED MAINTENANCE FUNDING
CURRENT CHALLENGES
CIVIC ENGAGEMENT OUTREACH CHALLENGES -
LABOR FORCE COMPETITION - COMPETING FOR
GRANTS FOR PUBLIC PROJECTS – FULL
IMPLEMENTATION OF COMMUNITY POLICING
PRACTICES IN THE POLICE DEPARTMENT
STRATEGIES
Tier 1 Priorities
Complete construction of the new Police Station at the Public Safety Facility and staff relocation, in an
amount not exceed $6.5 million dollars
With Design Committee oversight, complete construction of the new Town Hall and staff relocation, in
an amount not to exceed $3.0 million dollars
Expand the participation in the Second Annual Town Clean-up Day with earlier marketing and community
picnic after the completion of the clean-up
Implement the Marketing Plan’s 2017 priorities: 1) Pool marketing resources among departments for
cross promotion and integrated communication; 2) Develop partnerships with local and regional
businesses to keep these entities updated on Town priorities and activities; 2) Continue Town Council
festival booth outreach, host coffee chats and create stand-alone displays; 3) Evaluate 2016 wayfinding
investments and expand for the visitor/resident experience; 4) Create a regional media strategy; 5) Focus
social media by audience; and 6) Rebrand transit
Support the Police Department under a “community policing” philosophy through outreach to other
resort communities to learn about successful practices, implementing and monitoring successful
practices; and through analyzing call data and workloads to schedule and direct policing duties under the
best practices community policing standards for resort communities
Participate in the Mountain Connect broadband community; develop a program to ensure fiber is proactively
developed in Avon as growth occurs
PAGE 10 of 10
Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in
partnership with Eagle-Vail
Develop a pedestrian lighting plan for Nottingham Park to increase late night safety
Tier 2 Priorities
For Nottingham Road, conduct an engineering assessment to 1) investigate the stability and condition of
the road; and 2) ability to expand the paved surface to improve pedestrian safety and access
In a collaborative work group, with Eagle County, its municipalities and major metropolitan districts,
review Eagle County’s revenues and expenditures apportionment
Plan and budget for the development of Lot 5, in the Five Year Capital Improvements Plan, including adding a
reserve line item for an equipment and vehicle storage facility and future office space
Seek a short-term title sponsor for the Avon Performance Pavilion.
On-going
Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating
deferred maintenance funds as required, and seeking long term debt approval, when appropriate
Provide strategic Council leadership, consistently practicing open and transparent government
Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a
bi-annual community survey, volunteerism program, etc.
Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to
economic fluctuations; transfer surplus funds to capital projects
Continue to develop annual department work plans, which are measurable and maintain accountability
Hold annual or bi-annual sessions in joint meeting settings with government partners
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Preston Neill, Executive Assistant to the Town Manager
Meeting Date: January 10, 2017
Topic: Review and Discussion of the Draft Town of Avon Employee Housing Vision &
Philosophy
OVERVIEW:
The purpose of the work session is to review and discuss the attached DRAFT Town of Avon
Affordable Housing Vision & Philosophy. Once Council has finalized the document, a resolution will
be presented for adoption.
The development of this document stems from the Town of Avon 2017-2018 Strategic Plan, which
identifies the following Tier 1 priority:
“Develop Town of Avon Housing Guidelines, including but not limited to an employee
housing resident goal.”
The intent of this document is to assist the Town staff, development community, and the public in
understanding the Avon Town Council’s vision, philosophy and policies regarding the various aspects
of providing affordable housing in the Town of Avon.
Attached is Job & Housing Data from the Eagle County Housing Needs Assessment Update 2015 and the
Colorado Department of Labor and Employment to provide information on the demand for
affordable housing.
The full Eagle County report can be found at:
http://www.eaglecounty.us/Housing/Documents/2016_Housing_Needs_Assessement/
ATTACHMENTS:
Job & Housing Data
DRAFT Town of Avon Affordable Housing Vision & Philosophy
ATTACHMENT
JOB & HOUSING DATA
COLORADO NEW JOB GROWTH
NOV 2015 -
NOV 2016 55,300 + JOBS
Source: CO Dept. of Labor
. Table 7. Estimate of Housing Needed to Fill New Jobs, 2011 - 2025
2013 2015 2020 2025
Total Forecasted Jobs
37,260 39,613 44,951 49,176
Increase in Jobs over Prior Period 1,444 2,353 5,338 4,225
Jobs per Employed Person
1.2 1.2 1.2 1.2
New Employed Persons Needed 1,203 1,961 4,448 3,521
Employed Persons/Housing Unit 1.8 1.8 1.8 1.8
Housing Demand Generated (Units) 669 1,089 2,471 1,956
Source: 2015 Eagle Co Needs Assessment
The cumulative housing needs in 2015 were estimated at 4,466. For the ten-year period
2015-2025, an estimated 11,960 units are needed to meet housing demand generated by
forecasted job growth and the demand from replacement of retirees.
Cost Burdened Households in
Eagle County 2010 - 20144 (Average)
The estimate of the need for workforce housing does not include an estimate of the number of units
needed to overcome the problems of households that are “cost-burdened”. However, this is probably
the largest and most evident part of the workforce housing problem in Eagle County. The number of
cost burdened households is high, and affects people who are already living in the county. Those in
Eagle County who fall into the designation of “cost-burdened”
• 50.7% of homeowners with a mortgage
• 46.5% of renters 46.5% Source: 2015 Eagle Co Needs Assessment
UNEMPLOYMENT RATE 2016 2010 2007
EAGLE COUNTY 3.30%8.50%2.80%
COLORADO 3.20%
Sources: CO Dept. of Labor; 2015 Eagle Co Needs Assessment
#
59
AFFORDABLE RENTAL PROPERTIES
Buffalo Ridge 244
Kayak Crossing 54
Eaglebend 294
City Market 14
Total Rental 606
Total All Units 665
OWNER OCCUPIED - DEED RESTRICTED
TOWN OF AVON AFFORDABLE HOUSING
TYPE OF UNIT
PAGE 1 OF 4
DRAFT
TOWN OF AVON
AFFORDABLE HOUSING
VISION & PHILOSOPHY
TOWN COUNCIL WORKSESSION
JANUARY 10, 2017
PAGE 2 OF 4
INTRODUCTION
The lack of affordable housing is a well-documented issue in Eagle County. The increasing
cost of housing in our region is requiring more people to spend an increasing percentage of
their income on housing or to move farther from their work in order to find housing that
they can afford. Eagle County completed a Housing Needs Assessment in 2007, and followed
up with updates to the Assessment in 2012 and 2016, concluding that in Eagle County, for
“the ten-year period 2015-2025, an estimated 11,960 units are needed to meet housing
demand generated by forecasted job growth and the demand from replacement of
retirees.” The Eagle County Affordable Housing Guidelines, which were amended in 2014,
states the following:
“Eagle County faces a gap in the availability of ownership and rental housing
that is affordable for the local residents. Residents are burdened by high housing
payments. Employees are forced to commute long distances. Overcrowding and
substandard living conditions are common. According to the annual workforce
survey, employers believe that the availability of workforce housing is a critical
or major problem in Eagle County."
To mitigate this problem, a wide variety of actions are necessary, actions that reflect the
diversity of issues and needs to be addressed. In examining the possibilities for increasing
choices and ensuring that the income diversity that has historically characterized the Town
of Avon is maintained, it has become clear that there is no single solution, but rather a
shifting and focusing of priorities toward affordable housing. What is also clear is that the
Town of Avon needs to take action to address housing balance, availability, and
affordability. To address these issues, the Town must implement policies to promote a
diversity of housing opportunities for people of a variety of income levels and household
types in Eagle County.
The Town of Avon Comprehensive Plan identifies goals to address housing. The goals are:
I. Achieve a diverse range of quality housing options to serve diverse segments of the
population.
II. Provide an attainable housing program that incorporates both rental and ownership
opportunities, affordable for local working families, that are attractive, safe, and
integrated amongst the community.
III. Participate in countywide housing policies and procedures.
PAGE 3 OF 4
VISION
The Town believes that a strong and diverse year-round community and a viable and healthy
local workforce are fundamental cornerstones for the sustainability of the Town of Avon,
the Vail Valley and Eagle County. Affordable housing provides housing opportunities for our
local workforce and reduces air quality impacts associated with extended commutes to get
to work. Affordable housing is also critical to a viable economy, and helps to ensure a vital,
demographically diverse year-round community, including our seniors. Limited opportunities
and funds, however, mean we cannot build our way out of the housing problem, and we
recognize that new affordable housing includes infrastructure costs ranging from
transportation to government services, schools and other basic needs.
PHILOSOPHY
The Town of Avon is committed to providing affordable housing opportunities for persons
who are actively employed in Avon and Eagle County as a top priority because it supports:
1. A stable community that is invested in the present and future of the Town.
2. A reliable workforce, which is integral to economic sustainability.
3. Opportunities for people to live in close proximity to where they work.
4. A workforce which can lead to new economic opportunities for local businesses
5. Increased citizen participation in civic affairs, non-profit activities and recreation
programs.
6. A diverse demographic, including singles, families and seniors.
7. A reduction in greenhouse gases through reduced commute times and increased
walking and biking
The Town recognizes that housing the local workforce in the Town is necessary to maintain
community and to ensure adequate local and visitor services. Based on this recognized
need, the Town’s goals, with respect to affordable worker housing, are to:
1. Provide a variety of unit types, including entry level rental and for sale units
2. Seek to ensure households in affordable housing do not pay more than 30% of
household income for rent or mortgage payments
3. Provide that deed restrictions are placed in perpetuity on all Town supported
affordable housing
4. Provide housing whenever feasible near transit services
5. Maximize renewable energy and building techniques which reduce greenhouse gases
PAGE 4 OF 4
When establishing affordable housing, it shall be the policy of the Town Council to:
1. Place a priority on housing for workers who work within Avon and the area;
2. Develop a mix and variety of affordable housing that is accessible to people of a
variety of income levels and household types found in region;
3. To the greatest extent possible, reduce cost burdened households, so that
homeowners and renters in affordable housing are not paying more than 30% of their
income for housing;
4. Deed restrict all or a determined proportion of the units for workers to ensure in
perpetuity units remain used for the purposes supported;
5. Utilize a variety of strategies for affordable housing including development of
housing by the private sector, utilization of town-owned land for housing, and use of
collected impact fees for housing; and
6. Ensure that units are utilizing to the greatest extent renewable energy, are built with
techniques which reduce greenhouse gases and are located near transit
The Town has identified the following tools as the primary ways to implement these housing
policies. This list of tools is not exhaustive. There are other potential methods of
implementing the Town’s affordable housing vision.
1. Form partnerships to develop deed restricted worker housing on Town owned
properties
2. Develop Public-Public-Private Partnerships for funding gaps in return for deed
restrictions
3. Create partnerships with the business community to develop affordable housing
projects
4. Provide Town revenues, including waiver of development and building fees, when
needed, to close deed restricted worker housing development funding gaps and/or
to reduce the price of deed restricted units and rents
5. Leverage Town-supported or existing affordable housing for new affordable housing
development
6. Analyze the current Real Estate Transfer Tax primary exemption of $160,000 as a
mechanism to increase affordable opportunities for homeownership in Avon
7. Explore other regulatory and revenue generating options, including voluntary
contributions to support the development of worker housing
Page 1 of 4
COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: January 10, 2017
Agenda Topic: REPORT ON FINANCING OPTIONS FOR EAGLEBEND AND KAYAK CROSSING
AFFORDABLE HOUSING PROGRAMS
ACTION BEFORE COUNCIL
Town consultant Andrea Davis, Sage Peak Solutions, LLC will present financing alternatives for the
Eaglebend Apartments and provide additional information for including Kayak Crossing in 4% Low
Income Housing Tax Credit issue. Council direction considerations are presented at the end of this
report.
BACKGROUND
The Eaglebend Affordable Housing Corporation, a private nonprofit, which owns the 294 unit
property, approached the Town in early 2016 to begin discussions of refinancing. The project is
managed by Polar Star Properties.
1. March 31 - Councilor Megan Burch sent an email to the Town Manager Virginia Egger, letting her
know of the EBAHC refinancing interest.
2. April - July – During the period, representatives from EBAHC and the Town, with respective legal
counsel, reviewed the EBAHC refinancing proposal.
Payment of the Debt and Town Ownership: The current financing was structured that once
the debt is paid, the property will become the property of the Town of Avon.
Balloon Payment Due: $7,345,000 - Current financing has a final balloon payment of
$7,345,000, due on July 1, 2021. EBAHC stated that without deferring maintenance on the
project and/or raising rents, it will not be able to make the balloon payment. The Town,
however, has the option to make the balloon payment at that time.
Property Improvements Needed: In addition, there is a need for additional improvements at
the property estimated in June, 2016 at $11,000,000.
Refinancing Timing Penalty There is a significant penalty for early termination: $1,550,000
(June 2016) and estimated on January 1, 2017 at $1,000,000. It is the current low interest rates
which are estimated to balance the early payment penalty.
Total New Financing: The total estimated refinancing would be $24,300,000
Page 2 of 4
Requirement for New Refinancing Structure and Town’s Ownership Right - During the
period, substantial time was spent by legal counsel:
In evaluating and determining a legal structure to extend the debt beyond 2021, due to
restrictions on refinancing the current debt terms.
Identifying the need to develop and execute a Project Agreement between the Town and
EBAHC so that the Town would retain right of ownership once the debt was paid, plus
other actions the Town currently has to cure debt and to preserve this affordable
housing project. [See Attachment 1 from Attorney Eric Heil regarding property
ownership.]
3. August 9 and 23 – Executive Sessions - Town Council met in executive sessions on August 9 and
23, 2016, to provide direction to staff in the negotiation for the refinance. At that time EBAHC
was requesting a Letter of Understanding, which would outline the steps to be taken to prepare
documents for the refinancing in early 2017.
4. September 13 - Council discussed in open session the EBAHC request, after concluding Executive
Session was not needed. Council debated whether to pursue an evaluation of financing options.
Executive Director of Eagle County Housing and Development Authority Jill Klosterman spoke at
the meeting about a restructuring of “6320” debt the County had completed, which then did
provide significant new monies, which were deployed for the Castle Peak Senior Housing.
Council directed the Town Manager to proceed with hiring a consultant to evaluate financing
options for the Eaglebend Apartments, and to complete the evaluation for presentation to the
Town Council not later than January 10, 2017.
5. November–December - A Housing Work Group was formed and included EBAHC representatives
Gerry Flynn and Craig Ferraro, Town Councilors Megan Burch and Scott Prince; Michael Brown,
Alpine Bank; Jack Gardner, Jill Klosterman, Executive Director of Eagle County Housing and
Development Authority; Town staff Scott Wright and Virginia Egger and Andrea Davis, consultant
to the Town.
The Work Group met on November 2, December 15 and December 27th, first setting the goals for
the refinancing, and then reviewing refinancing scenarios presented by Ms. Davis, including the
iterative process of improving scenarios with specific Eaglebend housing data, correcting
calculations where needed, and working to ensure the scenarios were comparable.
REFINANCING OPTIONS
Attachment A provides the goals for Eaglebend Apartment financing and two financing approaches:
Traditional Refinance
4% Low Income Housing Tax Credit Financing
Page 3 of 4
FINANCING SCHEDULE & INTEREST RATE RISK
• Interest Rate Lock: The schedules to obtain and interest rate lock for the traditional
refinance or 4% LIHTC financing would both take about two months.
• Interest Rates: Concerns for another interest rate increase are covered in Attachment A –
Timing, where lenders have identified the current interest rates are .10% lower than this time
last year and that rates are could be expected to rise gradually over the next six months by
not more than 0.5%. Several financing options presented in Attachment A include higher
interest rate scenarios.
• Time to Reach a Financing Decision: Based upon the lender interest information, it appears
there is time over the next 30-60 days for the Town of Avon to fully consider the Town’s
options and take public comment, with limited risk.
COUNCIL DIRECTION
Topics of consideration for the financing include, but may not be limited to the following policy
matters:
1. Physical Needs Assessment – New monies of $11 - $13M have been identified for the
apartments. Would a physical needs assessment, possible by a third party or presented by
EBAHC, be helpful to determining the improvement needs and timing?
2. Reserves Determination for On-Going Capital Improvements – Once the physical need
assessment is presented, the Town would then have information to determine what the on-
going reserves should be for capital funding. The reserve is an integral component in
determining the level of financing which should be pursued.
3. Rent Burden Limitation – Financing options indicate households renting, which are cost
burdened at Eaglebend, can be reduced significantly or to zero incidence. Should the town
set a goal reducing cost burdened households?
4. Ownership of the Property by the Town – Both approaches allow the Town ownership at
the time of the refinancing. Town ownership would secure the property into public
ownership and eliminate the need for a separate agreement to meet this purpose. The
Town, taking ownership at financing, would require the Town to execute a management
agreement for the operations of the property. Polar Star is shown in Attachment A as the
management company.
5. Deed Restrictions – Should the Town place a deed restriction on some percent or all units to
ensure occupation is for full time workers?
6. Surplus Cash – Either approach can be structured to cover debt, needed capital repairs,
reserves, and annual capital maintenance, plus some amount of surplus cash. Should the
refinancing be structured to maximize surplus cash without causing rent increases to finance
the surplus? And, should the Council look to adopt a policy for how the surplus cash would
be used to create new affordable housing units or further improvements, including solar, at
existing affordable housing projects?
Page 4 of 4
7. Annual Cash Flow - What direction would Council like to provide for excess annual cash flow?
If financing results with a balloon payment, should monies be reserved to meet the last
year’s balloon? Should excess cash be made available to the Town for new worker housing
projects?
8. Additional Information – What additional information should be provided?
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: Eaglebend Affordable Housing Project legal issues
DATE: January 5, 2017
SUMMARY: I was asked to review the Town’s ability to acquire title to the Eaglebend Affordable Housing
Project and the implications of the Town acquiring title.
Right to Acquire Title: The Town of Avon has the right to acquire the Eaglebend Property at any time under
Section 3 Right to Acquire of the Eaglebend Affordable Housing Project Second Amended and Restated
Project Agreement, dated August 1, 2006. Section 3 states, “ . . . the Town is hereby granted the right to obtain,
at any time, fee title and exclusive possession of the property (including the Project) financed by obligations of
the Corporation (including Bonds) free from liens and encumbrances created by the Corporation related to the
Bond (but subject to other Permitted Encumbrances, as defined in the Indenture) . . .” by providing funds
necessary to pay the balance of any outstanding obligations. Section 7 Title further provides in part that,
“Unencumbered fee title . . . to the Project and any additions thereto and exclusive possession and use thereof
will vest in the Town without demand or further action on its part when all obligations issued under the Indenture
(include the Bonds) are discharged.”
Implications of Acquisition of Title: Acquisition of fee title to the Eaglebend Affordable Housing property by
the Town may potentially be subject to the restriction on recoveyance imposed by the Avon Home Rule charter.
Section 18.3 – Restrictions on sale of municipally-owned real property states, “The Town shall not sell or
dispose of municipally-owned buildings or real property in use for public purposes without first obtaining the
approval of a majority of the electors voting thereon.” [emphasis added]. The language in the Avon Home
Rule Charter is slightly different than CRS §31-15-713 which states that any municipal property held or used for
“any governmental purpose” cannot be sold unless approved by the voters. There is no case law in Colorado
that specifically addresses whether affordable housing is a “governmental purpose” or “public purpose” but it is
likely that the governmental and public purpose would be recognized in any ordinance to acquire the Eaglebend
property and would therefore create an argument that the property is in fact held and used for a “public
purpose”.
It is possible for the Town to assign its right to acquire fee title to the Avon Urban Renewal Authority, to a
non-profit formed and controlled by the Town, to a housing authority entity formed by the Town, or to another
housing authority or entity like Eagle County Housing or an entity like the Eaglebend Housing Authority non-
profit organization, in order to avoid the Town holding title directly. This structure would permit a future sale or
reconveyance of the Eaglebend property without voter approval. It is also possible for the Town to acquire the
Eaglebend property as a “gift” from the Avon Urban Renewal Authority or other entity, and then the Town would
have the power to sell or otherwise dispose of the property without voter approval under Section 18.4 –
Bequests, gifts and donations of the Avon Home Rule Charter.
An important consideration for acquisition of title is to understand the implications to financing, refinancing
and potentially redeveloping the property. An affordable housing project is different than a park, open space,
Town Hall or other public facility because the success of providing affordable housing will rely significantly on
obtaining low interest financing. Therefore, maintaining flexibility in conveyance of title for financing purposes or
for redevelopment purposes is critical. Further research with financing agencies and municipal bond counsel is
recommended to determine the best manner of holding title to the property if the Town determines to acquire
title.
Thank you, Eric
M EMORANDUM& PLANNING, LLC
ATTACHMENT 1
Sage Peak Solutions, LLC
435 Niagara St.
Denver, CO 80220 (303) 241-6370
Andrea.Davis@SagePeakLLC.com www.sagepeakllc.com
“Bridging the Affordable Housing Finance Gap”
ATTACHMENT 2
Summary of EagleBend Apartments Options
for Avon Town Council
January 10, 2017
EagleBend Apartments (EBA) has been reviewed to assess various options available for financing the
cost of approximately $14.7 million in needed repairs and updates. The financing options were
developed to meet the following goals of the Town of Avon and of EBAHC, including:
• Maintain affordability levels
• Assist cost-burdened households
• Maintain building viability for a minimum of 20 years
• Ensure sufficient financial resources to perform necessary repairs and capital improvements
• Ensure that the EBA remains an affordable housing project into the foreseeable future
• Facilitate development of additional affordable housing
The options fell broadly into two categories:
• Traditional Refi - Refinance the existing debt with new perm debt
• 4% LIHTC - Use 4% Low Income Housing Tax Credits (LIHTC) as a funding source
The two categories were then “stress-tested” to see how well they held up under a variety of potential
circumstances, including various lender requirements, market conditions, and affordability restrictions.
The results are summarized in the attached table. All results are preliminary, and further information is
necessary to determine the exact benefit of the options. Discussion of the results follows:
Number of Cost Burdened Households
The EagleBend Affordable Housing Corporation (EBAHC) currently voluntarily restricts rents to levels
that are affordable to households making approximately 77% AMI, or roughly $50,000 - $70,000 per
year, depending on household size. Area market rents, per the information provided by EBAHC, are
approximately 25% higher than the rents at EBA.
It was reported that currently 51%, or 151 households, at EBA are cost burdened, meaning that almost
half of the households are paying more than one third of their household income for rent plus utilities.
At these rent levels, many households have less than $3,000 per month to pay for food, healthcare,
transportation, clothing, and other life essentials, and some as little as $1,500 per month.
- 2 -
If a 4% LIHTC scenario is pursued, it would be possible to restrict rents to levels appropriate for by the
current residents. This would allow all residents currently at EBA to have rent levels that are not
burdensome.
Unfortunately, as it currently stands under the Traditional Refi, it is not possible to lower rents for the
deeply impacted households without increasing the rents on the higher income units.
Equity Funds
One of the benefits of using LIHTC is the access to tax credit equity, provided by the tax credit investor in
exchange for the tax credits. Under the Traditional Refi, all of the funds used for the rehab must be
repaid. With LIHTC, approximately 25% of project funding, almost $10 million in some scenarios, never
needs to be repaid, and functions as “free money”.
Funds Available for Other Projects
There is some capacity with either scenario to generate funds that could be set aside for other existing
projects, such as Kayak Crossing, or future new development to meet the increasing demand for housing
in the area.
• Traditional Refi – up to $ 3,278,230
• 4% LIHTC – up to $ 10,353,520
In the case of Kayak Crossing, proceeding with EBA as LIHTC would have the additional benefit of
allowing the properties to share the cost of financing and capturing contractor efficiencies.
Cash Flow
EBA is not a new building, and as such, will have ongoing repair and replacement needs that are met
from cash flow. In recent years, the project has averaged about $725,000 annually in repair and
replacement. It is hoped that after the moderate/substantial rehab, the repair and replacement need
would decrease, but all feasible scenarios generated sufficient cash flow to cover even this higher need.
Excess cash flow (up to approximately $550,000 per year) is disbursed according to ownership, and will
end up with either EBAHC or the Town of Avon.
Ownership
Although initially presented as a structure that would keep ownership of EBA with EBAHC, it is possible
under the Traditional Refi for the Town of Avon to assume ownership upon defeasance of the existing
bonds and take a more active role in the role the property plays in the overall economy of Avon.
In an LIHTC transaction, the property is typically sold at the end of the 15-year compliance period to the
Managing General Partner (Avon or designated entity) for debt and taxes. Control of the property can
be further assured through the use of a ground lease, a first right of refusal, and provision of soft debt to
the project.
- 3 -
Property management, under all scenarios, would continue to be performed by Polar Star Properties,
assuming that is in the best interest of the property.
Balloon Payment
As originally proposed, the Traditional Refi contained a balloon payment in year 20 similar to the
current situation. All scenarios are currently presented with fully amortizing loans. Although the
interest rate is slightly higher in these scenarios, avoiding a balloon payment provides significant project
stability.
Feasibility/Risk
Investigation of several different financing scenarios revealed the following:
• Only one of the three Traditional Refi scenarios, the one making the most liberal assumptions
about financing terms, was financially feasible. The other two scenarios were unable to support
sufficient debt to cover costs.
• All three of the 4% LIHTC scenarios, even the one using the worst projected financial market,
were feasible.
• The worst 4% LIHTC scenario outperformed the best Traditional Refi scenario in all major
criteria, including affordability, available funds, and cash flow.
Concerns had been raised, based on a conversation that some committee members had with the
Colorado Housing and Finance Authority (CHFA), that it might be difficult to obtain CHFA approval for
funding. However, this discussion was regarding a large, new project in Gypsum, not EBA. The
proposed EBA LIHTC financing structure was submitted to CHFA and reviewed at a staff meeting.
Because EBA is an existing, occupied, property, and because rent levels would be restricted according to
the existing population, capture rate analysis concerns are not applicable in the way they are for new
developments. Additionally, since EBA would not be creating any new units, the development of EBA as
LIHTC would not have an adverse impact on any new projects being considered in the area.
There had also been concern that bond cap might be a limited resource. However, due to the market
fluctuations, several projects that had considered requesting bond cap have been pulled back pending
further financing. Additionally, several projects are coming in with assigned cap from their
municipalities, so there has been a lower than initially expected demand. According to CHFA receiving a
bond cap allocation is not expected to be an issue.
Timing
There has been some concern about increasing interest rates having a negative impact on financing,
adding a sense of urgency to the need to make a rapid decision. However, discussions with lenders have
provided some reassurance on this front:
• Interest rates are currently .10% lower than they were at this time last year
• Rates had been moderately stable for an extended period
• Immediately prior to the election, there was a rapid drop in rates, followed by an overcorrection
in December, followed by a gradual decrease back to “normal” rates.
- 4 -
• Rates are not expected to rise more than 0.5% in the next six months, but that increase is likely
to be gradual
• Even if rates increase that full amount, the increase to debt service is minimal, so there is still
adequate cash flow to cover all repair and replacement needs, and there is zero impact to the
project.
While a Traditional Refi will close more quickly than a LIHTC project, it is possible to lock the rates at
approximately the same time, so there is minimal difference in rate risk between the two projects.
Although it does make sense to proceed in a diligent manner, the above would indicate that taking the
necessary time to make an informed decision should not have a significantly adverse impact on the
feasibility of either scenario.
Project Summary EBA - Opt 1 - Reduced Rent Refi
10 Stonebridge Dr.
Unit Mix 0BR 1BR 2BR 2BR - L 3BR Total %
est. s.f.545 545 763 880 975
Market - 7 12 2 6 27 9.2%
100%/Cat 3 - 14 8 2 6 30 10.2%
80%/Cat 2 - 27 43 5 11 86 29.3%
60%/Cat 2 - 15 18 3 6 42 14.3%
50%/Cat 1 - 16 17 3 6 42 14.3%
40%/Cat 1 - 33 20 5 9 67 22.8%
Res Mgr - - - - - - -
Total Units - 112 118 20 44 294
Cash Flow
Market Rent 357,996$ Residential Units 211,574 83%
Other Affordable Rent 1,473,324$ Community Space - 0%
LIHTC Rent 1,334,352$ Lobby, mech, storage - 0%
PHA Subsidy -$ Other Residential 42,315 17%
Other Income/Tenant Utility Pymt 851,538$ Commercial - 0%
Commercial Income -$ Surface Parking
Minus Vacancy/Employee Units 8%(325,394)$ Total 253,889
Effective Gross Income 3,691,816$
Schedule Mo. #
Operating Expenses 6,522$ (1,917,399)$ Construction Start Jul-17 1
Replacement Reserves -$ -$ Construction Length (mos)15
Net Operating Income 1,774,417$ Construction Completion Oct-18 16
Lease-up/Sales Period (mos) 1
Debt Service (955,534)$ Full Occupancy Nov-18 17
Capital Costs (725,000)$ Conversion to Perm (mos)1
Cash Flow 93,883$ Perm Financing Closing Dec-18 18
Audit (mos)2
Sources - Construction 8609 Feb-19 20
Construction Loan 18,608,756$
Tax Credit Equity 9%-$ Uses
Tax Credit Equity 4%-$ Building/Defeasance Costs
Tax Credit Equity - State -$ Permits, Fees, and Studies
Tax Credit Equity - ETC -$ Direct Const. Costs - Housing
NMTC -$ Indirect Construction Costs
Cap Funds/ Reserves -$ Financing Costs
Certificate Sales -$ Developer Fee
FHLB-AHP -$ Reserves, Lease-up, & Sales
Developer Financing -$ Total Project Costs
Existing Reserves 1,000,000$ Total Uses
State HOME -$
Deferred Reserve Costs 100,000$
Deferred Developer Fee -$ Tax Credit Equity
Total Sources - Construction 19,708,756$ Type (4%/9%)
Price
Sources - Perm Rate
Perm Lender 18,608,756$ QCT (y/n)y
Tax Credit Equity 9% -$ Construction Loan
Tax Credit Equity 4%-$ Term (months)24
Tax Credit Equity - State -$ Rate 3.45%
Tax Credit Equity - ETC -$ LTV 80%
NMTC -$ LTC 90%
Cap Funds/ Reserves -$ Permanent Loan
Certificate Sales -$ Term (years)35
FHLB-AHP -$ Amort (years)35
Developer Financing -$ Rate 3.75%
Existing Reserves 1,000,000$ LTV 80%
State HOME -$ DSCR 1.25
Deferred Developer Fee -$
Total Sources - Perm 19,608,756$ Deferred Developer Fee
0%during Construction
Unused Funds (6,767,835)$ 0%during Perm
5-Jan-2017
11,814,647$
181,185$
13,500,000$
Building S.F. Summary
None
305,149$
475,610$
-$
14,561,944$
Underwriting
100,000$
26,376,591$
Eagle Bend Proforma Current.xlsx Page 1
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 1 EBA - Opt 1 - Reduced Rent Refi
Sources 10 Stonebridge Dr.
Avon, CO 81620
Construction
Construction Loan -$ 0%
New Perm Proceeds 18,608,756$ 71%
EB-5 Funds -$
Tax Credit Equity 4% -$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing -$
Unit Sales -$
Deferred Reserve Costs 100,000$
Deferred Developer Fee -$
Total Construction Funds 19,708,756$
Overage (Shortfall) (6,667,835)$
Permanent Sources
Perm Lender 18,608,756$
Tax Credit Equity 4% -$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing -$
EB5 Repayment Reserve -$
Unit Sales -$
Lease-up Income -$
Deferred Developer Fee -$
Total Perm Funds 19,608,756$ ########
Overage (Shortfall) (6,767,835)$
0% of Developer Fee deferred during Construction
0% of Developer Fee deferred during Perm
Eagle Bend Proforma Current.xlsx Page 2
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 2 Project name:EBA - Opt 1 - Reduced Rent Refi 5-Jan-17
Development Costs Project Address:10 Stonebridge Dr.
Avon, CO 81620
Total Costs $ per Unit $ per SF Affordable Market % of Total 4% Basis 9% Basis
Land And Buildings
Land Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Existing Structures -$ -$ -$ -$ -$ 0.0%-$ xxxxx
Defeaseance of Bonds 11,814,647$ 40,186$ 46.53$ 10,729,628$ 1,085,019$ 44.8%xxxxx xxxxx
Prepaid Ground Lease -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Land Costs 11,814,647$ 40,186$ 46.53$ 10,729,628$ 1,085,019$ 44.8%-$ -$
Permits, Fees, and Studies
Permits/Plan Review -$ -$ -$ -$ -$ 0.0%-$ -$
Utility/Public Works -$ -$ -$ -$ -$ 0.0%-$ -$
Market Study -$ -$ -$ -$ -$ 0.0%-$ -$
Env Impact/Hazards 12,000$ 41$ 0.05$ 10,898$ 1,102$ 0.0%12,000$ 12,000$
Survey/Zoning 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%7,500$ 7,500$
Acquisition appraisal 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%xxxxx xxxxx
Physical Needs Assessment 15,000$ 51$ 0.06$ 13,622$ 1,378$ 0.1%15,000$ 15,000$
Architect 118,000$ 401$ 0.46$ 107,163$ 10,837$ 0.4%118,000$ 118,000$
Engineering 21,185$ 72$ 0.08$ 19,239$ 1,946$ 0.1%21,185$ 21,185$
Inspections -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Testing -$ -$ -$ -$ -$ 0.0%-$ -$
Total Permit, Fees, and Studies 181,185$ 616$ 0.71$ 164,545$ 16,639$ 0.7%173,685$ 173,685$
Direct Construction Costs by GC
Solar Power Array -$ -$ -$ -$ -$ 0.0%-$ -$
Geothermal System -$ -$ -$ -$ -$ 0.0%-$ -$
Site Work -$ -$ -$ -$ -$ 0.0%-$ -$
Surface/Tuck Parking -$ -$ -$ -$ -$ 0.0%-$ -$
Residential - Exisiting 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 40.2%10,592,389$ 10,592,389$
Residential - New -$ -$ -$ -$ -$ 0.0%-$ -$
Landscaping -$ -$ -$ -$ -$ 0.0%-$ -$
Subtotal Building Costs 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 40.2%10,592,389$ 10,592,389$
General Requirements 635,543$ 2,162$ 2.50$ 577,177$ 58,366$ 2.4%635,543$ 635,543$
Overhead and Profit 847,391$ 2,882$ 3.34$ 769,570$ 77,822$ 3.2%847,391$ 847,391$
Pymt & Performance Bond 158,886$ 540$ 0.63$ 144,294$ 14,592$ 0.6%158,886$ 158,886$
Insurance by GC -$ -$ -$ -$ -$ 0.0%-$ -$
GMP Contract Total 12,234,210$ 41,613$ 48.19$ 11,110,660$ 1,123,550$ 46.4%12,234,210$ 12,234,210$
Construction Contingency 1,223,421$ 4,161$ 4.82$ 1,111,066$ 112,355$ 4.6%1,223,421$ 1,223,421$
Builder's Risk (for Ownr pd by GC)42,370$ 144$ 0.17$ 38,478$ 3,891$ 0.2%42,370$ 42,370$
Furnishings & Equipment -$ -$ -$ -$ -$ 0.0%-$ -$
Total Direct Construction Costs 13,500,000$ 45,918$ 53$ 12,260,204$ 1,239,796$ 51.2%13,500,000$ 13,500,000$
Indirect Construction Costs
Developer's Fee -$ -$ -$ -$ -$ 0.0%-$ -$
Developer's Fee - Profit -$ -$ -$ -$ -$ 0.0%-$ -$
Development Consultant -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Management 137,000$ 466$ 0.54$ 124,418$ 12,582$ 0.5%137,000$ 137,000$
GL Insurance 122,342$ 416$ 0.48$ 111,107$ 11,235$ 0.5%122,342$ 122,342$
Real Estate Taxes -$ -$ -$ -$ -$ 0.0%-$ -$
Borrower's Legal -$ -$ -$ -$ -$ 0.0%-$ -$
Accounting -$ -$ -$ -$ -$ 0.0%-$ -$
Soft Cost Contingency 45,807$ 156$ 0.18$ 41,600$ 4,207$ 0.2%45,807$ 45,807$
Relocation -$ -$ -$ -$ -$ 0.0%-$ -$
Total Indirect Construction Costs 305,149$ 1,038$ 1.20$ 277,125$ 28,024$ 1.2%305,149$ 305,149$
Financing Costs
Constr Loan Int. - Const -$ -$ -$ -$ -$ 0.0%-$ -$
Constr Loan Int. - Lease-up -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Construction Loan Fees -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Lender Costs -$ -$ -$ -$ -$ 0.0%-$ -$
Perm Loan Fees 446,610$ 1,519$ 1.76$ 405,595$ 41,015$ 1.7%xxxxx xxxxx
Perm Lender Costs 29,000$ 99$ 0.11$ 26,337$ 2,663$ 0.1%xxxxx xxxxx
Lender App/3rd Party Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Syndicator Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Tax Credit Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Title and Recording - Acq -$ -$ -$ -$ -$ 0.0%-$ -$
Title and Recording -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Financing Costs 475,610$ 1,618$ 1.87$ 431,932$ 43,678$ 1.8%-$ -$
Lease-up & Reserves
Marketing expenses -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Lease-up Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Operating Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Replacement Reserves 100,000$ 340$ 0.39$ 90,816$ 9,184$ 0.4%xxxxx xxxxx
Total Lease/Reserve Expenses 100,000$ 340$ 0.39$ 90,816$ 9,184$ 0.4%-$ -$
Total Development Costs 26,376,591$ 89,716$ 103.89$ 23,954,251$ 2,422,340$ 100.0%13,978,834$ 13,978,834$
Eagle Bend Proforma Current.xlsx Page 3
Sage Peak Solutions, LLC
www.sagepeakllc.com
Project Summary EBA - Opt 2 - Optimistic Refi
10 Stonebridge Dr.
Unit Mix 0BR 1BR 2BR 2BR - L 3BR Total %
est. s.f.545 545 763 880 975
Market - 7 12 2 6 27 9.2%
100%/Cat 3 - 14 8 2 6 30 10.2%
80%/Cat 2 - 27 43 5 11 86 29.3%
60%/Cat 2 - 15 18 3 6 42 14.3%
50%/Cat 1 - 16 17 3 6 42 14.3%
40%/Cat 1 - 33 20 5 9 67 22.8%
Res Mgr - - - - - - -
Total Units - 112 118 20 44 294
Cash Flow
Market Rent 378,866$ Residential Units 211,574 83%
Other Affordable Rent 1,473,324$ Community Space - 0%
LIHTC Rent 1,889,520$ Lobby, mech, storage - 0%
PHA Subsidy -$ Other Residential 42,315 17%
Other Income/Tenant Utility Pymt 847,803$ Commercial - 0%
Commercial Income -$ Surface Parking
Minus Vacancy/Employee Units 8%(371,751)$ Total 253,889
Effective Gross Income 4,217,762$
Schedule Mo. #
Operating Expenses 6,522$ (1,917,399)$ Construction Start Jul-17 1
Replacement Reserves -$ -$ Construction Length (mos)15
Net Operating Income 2,300,363$ Construction Completion Oct-18 16
Lease-up/Sales Period (mos) 1
Debt Service (1,357,630)$ Full Occupancy Nov-18 17
Capital Costs (725,000)$ Conversion to Perm (mos)1
Cash Flow 217,734$ Perm Financing Closing Dec-18 18
Audit (mos)2
Sources - Construction 8609 Feb-19 20
Construction Loan 25,451,549$
Tax Credit Equity 9%-$ Uses
Tax Credit Equity 4%-$ Building/Defeasance Costs
Tax Credit Equity - State -$ Permits, Fees, and Studies
Tax Credit Equity - ETC -$ Direct Const. Costs - Housing
NMTC -$ Indirect Construction Costs
Cap Funds/ Reserves -$ Financing Costs
Certificate Sales -$ Developer Fee
FHLB-AHP -$ Reserves, Lease-up, & Sales
Developer Financing -$ Total Project Costs
Existing Reserves 1,000,000$ Total Uses
State HOME -$
Deferred Reserve Costs 100,000$
Deferred Developer Fee -$ Tax Credit Equity
Total Sources - Construction 26,551,549$ Type (4%/9%)
Price
Sources - Perm Rate
Perm Lender 25,551,549$ QCT (y/n)y
Tax Credit Equity 9% -$ Construction Loan
Tax Credit Equity 4%-$ Term (months)24
Tax Credit Equity - State -$ Rate 3.45%
Tax Credit Equity - ETC -$ LTV 80%
NMTC -$ LTC 90%
Cap Funds/ Reserves -$ Permanent Loan
Certificate Sales -$ Term (years)35
FHLB-AHP -$ Amort (years)35
Developer Financing -$ Rate 4.00%
Existing Reserves 1,000,000$ LTV 80%
State HOME -$ DSCR 1.25
Deferred Developer Fee -$
Total Sources - Perm 26,551,549$ Deferred Developer Fee
0%during Construction
Unused Funds 3,278,320$ 0%during Perm
5-Jan-2017
11,814,647$
181,185$
13,500,000$
Building S.F. Summary
None
313,480$
642,237$
-$
14,736,902$
Underwriting
100,000$
26,551,549$
Eagle Bend Proforma Current.xlsx Page 1
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 1 EBA - Opt 2 - Optimistic Refi
Sources 10 Stonebridge Dr.
Avon, CO 81620
Construction
Construction Loan -$ 0%
New Perm Proceeds 25,451,549$ 96%
EB-5 Funds -$
Tax Credit Equity 4% -$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing -$
Unit Sales -$
Deferred Reserve Costs 100,000$
Deferred Developer Fee -$
Total Construction Funds 26,551,549$
Overage (Shortfall) -$
Permanent Sources
Perm Lender 25,551,549$
Tax Credit Equity 4% -$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing -$
EB5 Repayment Reserve -$
Unit Sales -$
Lease-up Income -$
Deferred Developer Fee -$
Total Perm Funds 26,551,549$ ########
Overage (Shortfall) -$
0% of Developer Fee deferred during Construction
0% of Developer Fee deferred during Perm
Eagle Bend Proforma Current.xlsx Page 2
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 2 Project name:EBA - Opt 2 - Optimistic Refi 5-Jan-17
Development Costs Project Address:10 Stonebridge Dr.
Avon, CO 81620
Total Costs $ per Unit $ per SF Affordable Market % of Total 4% Basis 9% Basis
Land And Buildings
Land Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Existing Structures -$ -$ -$ -$ -$ 0.0%-$ xxxxx
Defeaseance of Bonds 11,814,647$ 40,186$ 46.53$ 10,729,628$ 1,085,019$ 44.5%xxxxx xxxxx
Prepaid Ground Lease -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Land Costs 11,814,647$ 40,186$ 46.53$ 10,729,628$ 1,085,019$ 44.5%-$ -$
Permits, Fees, and Studies
Permits/Plan Review -$ -$ -$ -$ -$ 0.0%-$ -$
Utility/Public Works -$ -$ -$ -$ -$ 0.0%-$ -$
Market Study -$ -$ -$ -$ -$ 0.0%-$ -$
Env Impact/Hazards 12,000$ 41$ 0.05$ 10,898$ 1,102$ 0.0%12,000$ 12,000$
Survey/Zoning 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%7,500$ 7,500$
Acquisition appraisal 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%xxxxx xxxxx
Physical Needs Assessment 15,000$ 51$ 0.06$ 13,622$ 1,378$ 0.1%15,000$ 15,000$
Architect 118,000$ 401$ 0.46$ 107,163$ 10,837$ 0.4%118,000$ 118,000$
Engineering 21,185$ 72$ 0.08$ 19,239$ 1,946$ 0.1%21,185$ 21,185$
Inspections -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Testing -$ -$ -$ -$ -$ 0.0%-$ -$
Total Permit, Fees, and Studies 181,185$ 616$ 0.71$ 164,545$ 16,639$ 0.7%173,685$ 173,685$
Direct Construction Costs by GC
Solar Power Array -$ -$ -$ -$ -$ 0.0%-$ -$
Geothermal System -$ -$ -$ -$ -$ 0.0%-$ -$
Site Work -$ -$ -$ -$ -$ 0.0%-$ -$
Surface/Tuck Parking -$ -$ -$ -$ -$ 0.0%-$ -$
Residential - Exisiting 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 39.9%10,592,389$ 10,592,389$
Residential - New -$ -$ -$ -$ -$ 0.0%-$ -$
Landscaping -$ -$ -$ -$ -$ 0.0%-$ -$
Subtotal Building Costs 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 39.9%10,592,389$ 10,592,389$
General Requirements 635,543$ 2,162$ 2.50$ 577,177$ 58,366$ 2.4%635,543$ 635,543$
Overhead and Profit 847,391$ 2,882$ 3.34$ 769,570$ 77,822$ 3.2%847,391$ 847,391$
Pymt & Performance Bond 158,886$ 540$ 0.63$ 144,294$ 14,592$ 0.6%158,886$ 158,886$
Insurance by GC -$ -$ -$ -$ -$ 0.0%-$ -$
GMP Contract Total 12,234,210$ 41,613$ 48.19$ 11,110,660$ 1,123,550$ 46.1%12,234,210$ 12,234,210$
Construction Contingency 1,223,421$ 4,161$ 4.82$ 1,111,066$ 112,355$ 4.6%1,223,421$ 1,223,421$
Builder's Risk (for Ownr pd by GC)42,370$ 144$ 0.17$ 38,478$ 3,891$ 0.2%42,370$ 42,370$
Furnishings & Equipment -$ -$ -$ -$ -$ 0.0%-$ -$
Total Direct Construction Costs 13,500,000$ 45,918$ 53$ 12,260,204$ 1,239,796$ 50.8%13,500,000$ 13,500,000$
Indirect Construction Costs
Developer's Fee -$ -$ -$ -$ -$ 0.0%-$ -$
Developer's Fee - Profit -$ -$ -$ -$ -$ 0.0%-$ -$
Development Consultant -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Management 137,000$ 466$ 0.54$ 124,418$ 12,582$ 0.5%137,000$ 137,000$
GL Insurance 122,342$ 416$ 0.48$ 111,107$ 11,235$ 0.5%122,342$ 122,342$
Real Estate Taxes -$ -$ -$ -$ -$ 0.0%-$ -$
Borrower's Legal -$ -$ -$ -$ -$ 0.0%-$ -$
Accounting -$ -$ -$ -$ -$ 0.0%-$ -$
Soft Cost Contingency 54,138$ 184$ 0.21$ 49,166$ 4,972$ 0.2%54,138$ 54,138$
Relocation -$ -$ -$ -$ -$ 0.0%-$ -$
Total Indirect Construction Costs 313,480$ 1,066$ 1.23$ 284,691$ 28,789$ 1.2%313,480$ 313,480$
Financing Costs
Constr Loan Int. - Const -$ -$ -$ -$ -$ 0.0%-$ -$
Constr Loan Int. - Lease-up -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Construction Loan Fees -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Lender Costs -$ -$ -$ -$ -$ 0.0%-$ -$
Perm Loan Fees 613,237$ 2,086$ 2.42$ 556,919$ 56,318$ 2.3%xxxxx xxxxx
Perm Lender Costs 29,000$ 99$ 0.11$ 26,337$ 2,663$ 0.1%xxxxx xxxxx
Lender App/3rd Party Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Syndicator Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Tax Credit Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Title and Recording - Acq -$ -$ -$ -$ -$ 0.0%-$ -$
Title and Recording -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Financing Costs 642,237$ 2,184$ 2.53$ 583,256$ 58,981$ 2.4%-$ -$
Lease-up & Reserves
Marketing expenses -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Lease-up Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Operating Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Replacement Reserves 100,000$ 340$ 0.39$ 90,816$ 9,184$ 0.4%xxxxx xxxxx
Total Lease/Reserve Expenses 100,000$ 340$ 0.39$ 90,816$ 9,184$ 0.4%-$ -$
Total Development Costs 26,551,549$ 90,311$ 104.58$ 24,113,142$ 2,438,408$ 100.0%13,987,165$ 13,987,165$
Eagle Bend Proforma Current.xlsx Page 3
Sage Peak Solutions, LLC
www.sagepeakllc.com
Project Summary EBA - Opt 3 - Conservative Refi
10 Stonebridge Dr.
Unit Mix 0BR 1BR 2BR 2BR - L 3BR Total %
est. s.f.545 545 763 880 975
Market - 7 12 2 6 27 9.2%
100%/Cat 3 - 14 8 2 6 30 10.2%
80%/Cat 2 - 27 43 5 11 86 29.3%
60%/Cat 2 - 15 18 3 6 42 14.3%
50%/Cat 1 - 16 17 3 6 42 14.3%
40%/Cat 1 - 33 20 5 9 67 22.8%
Res Mgr - - - - - - -
Total Units - 112 118 20 44 294
Cash Flow
Market Rent 357,996$ Residential Units 211,574 83%
Other Affordable Rent 1,473,324$ Community Space - 0%
LIHTC Rent 1,889,520$ Lobby, mech, storage - 0%
PHA Subsidy -$ Other Residential 42,315 17%
Other Income/Tenant Utility Pymt 847,803$ Commercial - 0%
Commercial Income -$ Surface Parking
Minus Vacancy/Employee Units 8%(370,060)$ Total 253,889
Effective Gross Income 4,198,583$
Schedule Mo. #
Operating Expenses 6,522$ (1,917,392)$ Construction Start Jul-17 1
Replacement Reserves 350$ (102,900)$ Construction Length (mos)15
Net Operating Income 2,178,291$ Construction Completion Oct-18 16
Lease-up/Sales Period (mos) 1
Debt Service (1,418,562)$ Full Occupancy Nov-18 17
Capital Costs (622,100)$ Conversion to Perm (mos)1
Cash Flow 137,629$ Perm Financing Closing Dec-18 18
Audit (mos)2
Sources - Construction 8609 Feb-19 20
Construction Loan 25,480,477$
Tax Credit Equity 9%-$ Uses
Tax Credit Equity 4%-$ Building/Defeasance Costs
Tax Credit Equity - State -$ Permits, Fees, and Studies
Tax Credit Equity - ETC -$ Direct Const. Costs - Housing
NMTC -$ Indirect Construction Costs
Cap Funds/ Reserves -$ Financing Costs
Certificate Sales -$ Developer Fee
FHLB-AHP -$ Reserves, Lease-up, & Sales
Developer Financing -$ Total Project Costs
Existing Reserves 1,000,000$ Total Uses
State HOME -$
Deferred Reserve Costs 1,134,822$
Deferred Developer Fee -$ Tax Credit Equity
Total Sources - Construction 27,615,299$ Type (4%/9%)
Price
Sources - Perm Rate
Perm Lender 25,816,778$ QCT (y/n)y
Tax Credit Equity 9% -$ Construction Loan
Tax Credit Equity 4%-$ Term (months)24
Tax Credit Equity - State -$ Rate 3.45%
Tax Credit Equity - ETC -$ LTV 80%
NMTC -$ LTC 90%
Cap Funds/ Reserves -$ Permanent Loan
Certificate Sales -$ Term (years)35
FHLB-AHP -$ Amort (years)35
Developer Financing -$ Rate 4.25%
Existing Reserves 1,000,000$ LTV 80%
State HOME -$ DSCR 1.25
Deferred Developer Fee -$
Total Sources - Perm 26,816,778$ Deferred Developer Fee
0%during Construction
Unused Funds (798,521)$ 0%during Perm
5-Jan-2017
11,814,647$
202,370$
13,500,000$
Building S.F. Summary
None
314,858$
648,603$
-$
15,800,652$
Underwriting
1,134,822$
27,615,299$
Eagle Bend Proforma Current.xlsx Page 1
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 1 EBA - Opt 3 - Conservative Refi
Sources 10 Stonebridge Dr.
Avon, CO 81620
Construction
Construction Loan -$ 0%
New Perm Proceeds 25,480,477$ 92%
EB-5 Funds -$
Tax Credit Equity 4% -$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing -$
Unit Sales -$
Deferred Reserve Costs 1,134,822$
Deferred Developer Fee -$
Total Construction Funds 27,615,299$
Overage (Shortfall) -$
Permanent Sources
Perm Lender 25,816,778$
Tax Credit Equity 4% -$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing -$
EB5 Repayment Reserve -$
Unit Sales -$
Lease-up Income -$
Deferred Developer Fee -$
Total Perm Funds 26,816,778$ ########
Overage (Shortfall) (798,521)$
0% of Developer Fee deferred during Construction
0% of Developer Fee deferred during Perm
Eagle Bend Proforma Current.xlsx Page 2
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 2 Project name:EBA - Opt 3 - Conservative Refi 5-Jan-17
Development Costs Project Address:10 Stonebridge Dr.
Avon, CO 81620
Total Costs $ per Unit $ per SF Affordable Market % of Total 4% Basis 9% Basis
Land And Buildings
Land Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Existing Structures -$ -$ -$ -$ -$ 0.0%-$ xxxxx
Defeaseance of Bonds 11,814,647$ 40,186$ 46.53$ 10,729,628$ 1,085,019$ 42.8%xxxxx xxxxx
Prepaid Ground Lease -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Land Costs 11,814,647$ 40,186$ 46.53$ 10,729,628$ 1,085,019$ 42.8%-$ -$
Permits, Fees, and Studies
Permits/Plan Review -$ -$ -$ -$ -$ 0.0%-$ -$
Utility/Public Works -$ -$ -$ -$ -$ 0.0%-$ -$
Market Study -$ -$ -$ -$ -$ 0.0%-$ -$
Env Impact/Hazards 12,000$ 41$ 0.05$ 10,898$ 1,102$ 0.0%12,000$ 12,000$
Survey/Zoning 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%7,500$ 7,500$
Acquisition appraisal 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%xxxxx xxxxx
Physical Needs Assessment 15,000$ 51$ 0.06$ 13,622$ 1,378$ 0.1%15,000$ 15,000$
Architect 118,000$ 401$ 0.46$ 107,163$ 10,837$ 0.4%118,000$ 118,000$
Engineering 21,185$ 72$ 0.08$ 19,239$ 1,946$ 0.1%21,185$ 21,185$
Inspections -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Testing 21,185$ 72$ 0.08$ 19,239$ 1,946$ 0.1%21,185$ 21,185$
Total Permit, Fees, and Studies 202,370$ 688$ 0.80$ 183,785$ 18,585$ 0.7%194,870$ 194,870$
Direct Construction Costs by GC
Solar Power Array -$ -$ -$ -$ -$ 0.0%-$ -$
Geothermal System -$ -$ -$ -$ -$ 0.0%-$ -$
Site Work -$ -$ -$ -$ -$ 0.0%-$ -$
Surface/Tuck Parking -$ -$ -$ -$ -$ 0.0%-$ -$
Residential - Exisiting 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 38.4%10,592,389$ 10,592,389$
Residential - New -$ -$ -$ -$ -$ 0.0%-$ -$
Landscaping -$ -$ -$ -$ -$ 0.0%-$ -$
Subtotal Building Costs 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 38.4%10,592,389$ 10,592,389$
General Requirements 635,543$ 2,162$ 2.50$ 577,177$ 58,366$ 2.3%635,543$ 635,543$
Overhead and Profit 847,391$ 2,882$ 3.34$ 769,570$ 77,822$ 3.1%847,391$ 847,391$
Pymt & Performance Bond 158,886$ 540$ 0.63$ 144,294$ 14,592$ 0.6%158,886$ 158,886$
Insurance by GC -$ -$ -$ -$ -$ 0.0%-$ -$
GMP Contract Total 12,234,210$ 41,613$ 48.19$ 11,110,660$ 1,123,550$ 44.3%12,234,210$ 12,234,210$
Construction Contingency 1,223,421$ 4,161$ 4.82$ 1,111,066$ 112,355$ 4.4%1,223,421$ 1,223,421$
Builder's Risk (for Ownr pd by GC)42,370$ 144$ 0.17$ 38,478$ 3,891$ 0.2%42,370$ 42,370$
Furnishings & Equipment -$ -$ -$ -$ -$ 0.0%-$ -$
Total Direct Construction Costs 13,500,000$ 45,918$ 53$ 12,260,204$ 1,239,796$ 48.9%13,500,000$ 13,500,000$
Indirect Construction Costs
Developer's Fee -$ -$ -$ -$ -$ 0.0%-$ -$
Developer's Fee - Profit -$ -$ -$ -$ -$ 0.0%-$ -$
Development Consultant -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Management 137,000$ 466$ 0.54$ 124,418$ 12,582$ 0.5%137,000$ 137,000$
GL Insurance 122,342$ 416$ 0.48$ 111,107$ 11,235$ 0.4%122,342$ 122,342$
Real Estate Taxes -$ -$ -$ -$ -$ 0.0%-$ -$
Borrower's Legal -$ -$ -$ -$ -$ 0.0%-$ -$
Accounting -$ -$ -$ -$ -$ 0.0%-$ -$
Soft Cost Contingency 55,516$ 189$ 0.22$ 50,417$ 5,098$ 0.2%55,516$ 55,516$
Relocation -$ -$ -$ -$ -$ 0.0%-$ -$
Total Indirect Construction Costs 314,858$ 1,071$ 1.24$ 285,942$ 28,916$ 1.1%314,858$ 314,858$
Financing Costs
Constr Loan Int. - Const -$ -$ -$ -$ -$ 0.0%-$ -$
Constr Loan Int. - Lease-up -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Construction Loan Fees -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Lender Costs -$ -$ -$ -$ -$ 0.0%-$ -$
Perm Loan Fees 619,603$ 2,107$ 2.44$ 562,700$ 56,902$ 2.2%xxxxx xxxxx
Perm Lender Costs 29,000$ 99$ 0.11$ 26,337$ 2,663$ 0.1%xxxxx xxxxx
Lender App/3rd Party Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Syndicator Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Tax Credit Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Title and Recording - Acq -$ -$ -$ -$ -$ 0.0%-$ -$
Title and Recording -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Financing Costs 648,603$ 2,206$ 2.55$ 589,037$ 59,566$ 2.3%-$ -$
Lease-up & Reserves
Marketing expenses -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Lease-up Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Operating Reserves 1,134,822$ 3,860$ 4.47$ 1,030,603$ 104,218$ 4.1%xxxxx xxxxx
Capitalized Replacement Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Lease/Reserve Expenses 1,134,822$ 3,860$ 4.47$ 1,030,603$ 104,218$ 4.1%-$ -$
Total Development Costs 27,615,299$ 93,930$ 108.77$ 25,079,200$ 2,536,099$ 100.0%14,009,728$ 14,009,728$
Eagle Bend Proforma Current.xlsx Page 3
Sage Peak Solutions, LLC
www.sagepeakllc.com
Project Summary EBA - Opt 4 - Optimistic LIHTC
10 Stonebridge Dr.
Unit Mix 0BR 1BR 2BR 2BR - L 3BR Total %
est. s.f.545 545 763 880 975
Market - 7 12 2 6 27 9.2%
100%/Cat 3 - 14 8 2 6 30 10.2%
80%/Cat 2 - 27 43 5 11 86 29.3%
60%/Cat 2 - 15 18 3 6 42 14.3%
50%/Cat 1 - 16 17 3 6 42 14.3%
40%/Cat 1 - 33 20 5 9 67 22.8%
Res Mgr - - - - - - -
Total Units - 112 118 20 44 294
Cash Flow
Market Rent 417,992$ Residential Units 211,574 83%
Other Affordable Rent 1,473,324$ Community Space - 0%
LIHTC Rent 1,439,640$ Lobby, mech, storage - 0%
PHA Subsidy -$ Other Residential 42,315 17%
Other Income/Tenant Utility Pymt 601,038$ Commercial - 0%
Commercial Income -$ Surface Parking
Minus Vacancy/Employee Units 7%(255,580)$ Total 253,889
Effective Gross Income 3,676,415$
Schedule Mo. #
Operating Expenses 5,959$ (1,751,906)$ Construction Start Nov-17 1
Replacement Reserves 350$ (102,900)$ Construction Length (mos)15
Net Operating Income 1,821,608$ Construction Completion Feb-19 16
Lease-up/Sales Period (mos) 1
Debt Service (1,584,007)$ Full Occupancy Mar-19 17
Capital Costs (117,600)$ Conversion to Perm (mos)1
Cash Flow 120,001$ Perm Financing Closing Apr-19 18
Audit (mos)2
Sources - Construction 8609 Jun-19 20
Construction Loan 29,020,660$
Tax Credit Equity 9%-$ Uses
Tax Credit Equity 4%1,368,846$ Building/Defeasance Costs
Tax Credit Equity - State -$ Permits, Fees, and Studies
Tax Credit Equity - ETC -$ Direct Const. Costs - Housing
NMTC -$ Indirect Construction Costs
Cap Funds/ Reserves -$ Financing Costs
Certificate Sales -$ Developer Fee
FHLB-AHP -$ Reserves, Lease-up, & Sales
Developer Financing 21,381,205$ Total Project Costs
Existing Reserves 1,000,000$ Total Uses
State HOME -$
Deferred Reserve Costs 1,428,809$
Deferred Developer Fee 831,470$ Tax Credit Equity
Total Sources - Construction 55,030,990$ Type (4%/9%)
Price 0.980$
Sources - Perm Rate 3.23%
Perm Lender 29,020,660$ QCT (y/n)y
Tax Credit Equity 9% -$ Construction Loan
Tax Credit Equity 4%9,125,639$ Term (months)24
Tax Credit Equity - State -$ Rate 3.45%
Tax Credit Equity - ETC -$ LTV 85%
NMTC -$ LTC 90%
Cap Funds/ Reserves -$ Permanent Loan
Certificate Sales -$ Term (years)35
FHLB-AHP -$ Amort (years)35
Developer Financing 15,529,019$ Rate 4.20%
Existing Reserves 1,000,000$ LTV 87%
State HOME -$ DSCR 1.15
Deferred Developer Fee 355,671$
Total Sources - Perm 55,030,990$ Deferred Developer Fee
47%during Construction
Unused Funds 10,353,520$ 20%during Perm
5-Jan-2017
36,424,500$
549,842$
13,500,000$
Building S.F. Summary
4% LIHTC
562,405$
787,077$
1,778,357$
18,606,490$
Underwriting
1,428,809$
55,030,990$
Eagle Bend Proforma Current.xlsx Page 1
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 1 EBA - Opt 4 - Optimistic LIHTC
Sources 10 Stonebridge Dr.
Avon, CO 81620
Construction
Construction Loan -$ 0%
New Perm Proceeds 29,020,660$ 53%
EB-5 Funds -$
Tax Credit Equity 4% 1,368,846$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing 21,381,205$
Unit Sales -$
Deferred Reserve Costs 1,428,809$
Deferred Developer Fee 831,470$
Total Construction Funds 55,030,990$
Overage (Shortfall) -$
Permanent Sources
Perm Lender 29,020,660$
Tax Credit Equity 4% 9,125,639$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing 15,529,019$
EB5 Repayment Reserve -$
Unit Sales -$
Lease-up Income -$
Deferred Developer Fee 355,671$
Total Perm Funds 55,030,990$ ########
Overage (Shortfall) -$
47% of Developer Fee deferred during Construction
20% of Developer Fee deferred during Perm
Eagle Bend Proforma Current.xlsx Page 2
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 2 Project name:EBA - Opt 4 - Optimistic LIHTC 5-Jan-17
Development Costs Project Address:10 Stonebridge Dr.
Avon, CO 81620
Total Costs $ per Unit $ per SF Affordable Market % of Total 4% Basis 9% Basis
Land And Buildings
Land Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Existing Structures 35,674,500$ 121,342$ 140.51$ 32,398,270$ 3,276,230$ 64.8%35,674,500$ xxxxx
Defeaseance of Bonds -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Prepaid Ground Lease 750,000$ 2,551$ 2.95$ 681,122$ 68,878$ 1.4%xxxxx xxxxx
Total Land Costs 36,424,500$ 123,893$ 143.47$ 33,079,393$ 3,345,107$ 66.2%35,674,500$ -$
Permits, Fees, and Studies
Permits/Plan Review -$ -$ -$ -$ -$ 0.0%-$ -$
Utility/Public Works -$ -$ -$ -$ -$ 0.0%-$ -$
Market Study 10,000$ 34$ 0.04$ 9,082$ 918$ 0.0%10,000$ 10,000$
Env Impact/Hazards 12,000$ 41$ 0.05$ 10,898$ 1,102$ 0.0%12,000$ 12,000$
Survey/Zoning 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%7,500$ 7,500$
Acquisition appraisal 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%xxxxx xxxxx
Physical Needs Assessment 15,000$ 51$ 0.06$ 13,622$ 1,378$ 0.0%15,000$ 15,000$
Architect 423,696$ 1,441$ 1.67$ 384,785$ 38,911$ 0.8%423,696$ 423,696$
Engineering 52,962$ 180$ 0.21$ 48,098$ 4,864$ 0.1%52,962$ 52,962$
Inspections -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Testing 21,185$ 72$ 0.08$ 19,239$ 1,946$ 0.0%21,185$ 21,185$
Total Permit, Fees, and Studies 549,842$ 1,870$ 2.17$ 499,347$ 50,496$ 1.0%542,342$ 542,342$
Direct Construction Costs by GC
Solar Power Array -$ -$ -$ -$ -$ 0.0%-$ -$
Geothermal System -$ -$ -$ -$ -$ 0.0%-$ -$
Site Work -$ -$ -$ -$ -$ 0.0%-$ -$
Surface/Tuck Parking -$ -$ -$ -$ -$ 0.0%-$ -$
Residential - Exisiting 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 19.2%10,592,389$ 10,592,389$
Residential - New -$ -$ -$ -$ -$ 0.0%-$ -$
Landscaping -$ -$ -$ -$ -$ 0.0%-$ -$
Subtotal Building Costs 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 19.2%10,592,389$ 10,592,389$
General Requirements 635,543$ 2,162$ 2.50$ 577,177$ 58,366$ 1.2%635,543$ 635,543$
Overhead and Profit 847,391$ 2,882$ 3.34$ 769,570$ 77,822$ 1.5%847,391$ 847,391$
Pymt & Performance Bond 158,886$ 540$ 0.63$ 144,294$ 14,592$ 0.3%158,886$ 158,886$
Insurance by GC -$ -$ -$ -$ -$ 0.0%-$ -$
GMP Contract Total 12,234,210$ 41,613$ 48.19$ 11,110,660$ 1,123,550$ 22.2%12,234,210$ 12,234,210$
Construction Contingency 1,223,421$ 4,161$ 4.82$ 1,111,066$ 112,355$ 2.2%1,223,421$ 1,223,421$
Builder's Risk (for Ownr pd by GC)42,370$ 144$ 0.17$ 38,478$ 3,891$ 0.1%42,370$ 42,370$
Furnishings & Equipment -$ -$ -$ -$ -$ 0.0%-$ -$
Total Direct Construction Costs 13,500,000$ 45,918$ 53$ 12,260,204$ 1,239,796$ 24.5%13,500,000$ 13,500,000$
Indirect Construction Costs
Developer's Fee 150,000$ 510$ 0.59$ 136,224$ 13,776$ 0.3%150,000$ 150,000$
Developer's Fee - Profit 1,628,357$ 5,539$ 6.41$ 1,478,814$ 149,543$ 3.0%1,628,357$ 1,628,357$
Development Consultant 50,000$ 170$ 0.20$ 45,408$ 4,592$ 0.1%50,000$ 50,000$
Construction Management 137,000$ 466$ 0.54$ 124,418$ 12,582$ 0.2%137,000$ 137,000$
GL Insurance 122,342$ 416$ 0.48$ 111,107$ 11,235$ 0.2%122,342$ 122,342$
Real Estate Taxes -$ -$ -$ -$ -$ 0.0%-$ -$
Borrower's Legal 125,000$ 425$ 0.49$ 113,520$ 11,480$ 0.2%125,000$ 125,000$
Accounting 40,000$ 136$ 0.16$ 36,327$ 3,673$ 0.1%40,000$ 40,000$
Soft Cost Contingency 88,063$ 300$ 0.35$ 79,976$ 8,087$ 0.2%88,063$ 88,063$
Relocation -$ -$ -$ -$ -$ 0.0%-$ -$
Total Indirect Construction Costs 2,340,762$ 7,962$ 9.22$ 2,125,794$ 214,968$ 4.3%2,340,762$ 2,340,762$
Financing Costs
Constr Loan Int. - Const -$ -$ -$ -$ -$ 0.0%-$ -$
Constr Loan Int. - Lease-up -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Construction Loan Fees -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Lender Costs -$ -$ -$ -$ -$ 0.0%-$ -$
Perm Loan Fees 551,393$ 1,875$ 2.17$ 500,754$ 50,638$ 1.0%xxxxx xxxxx
Perm Lender Costs 62,100$ 211$ 0.24$ 56,397$ 5,703$ 0.1%xxxxx xxxxx
Lender App/3rd Party Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Syndicator Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Tax Credit Fees 148,584$ 505$ 0.59$ 134,939$ 13,645$ 0.3%xxxxx xxxxx
Title and Recording - Acq 25,000$ 85$ 0.10$ 22,704$ 2,296$ 0.0%25,000$ 25,000$
Title and Recording -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Financing Costs 787,077$ 2,677$ 3.10$ 714,794$ 72,283$ 1.4%25,000$ 25,000$
Lease-up & Reserves
Marketing expenses -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Lease-up Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Operating Reserves 1,134,809$ 3,860$ 4.47$ 1,030,591$ 104,217$ 2.1%xxxxx xxxxx
Capitalized Replacement Reserves 294,000$ 1,000$ 1.16$ 267,000$ 27,000$ 0.5%xxxxx xxxxx
Total Lease/Reserve Expenses 1,428,809$ 4,860$ 5.63$ 1,297,591$ 131,217$ 2.6%-$ -$
Total Development Costs 55,030,990$ 187,180$ 216.75$ 49,977,124$ 5,053,866$ 100.0%52,082,605$ 16,408,105$
Eagle Bend Proforma Current.xlsx Page 3
Sage Peak Solutions, LLC
www.sagepeakllc.com
Project Summary EBA - Opt 5 - Conservative LIHTC
10 Stonebridge Dr.
Unit Mix 0BR 1BR 2BR 2BR - L 3BR Total %
est. s.f.545 545 763 880 975
Market - 7 12 2 6 27 9.2%
100%/Cat 3 - 14 8 2 6 30 10.2%
80%/Cat 2 - 27 43 5 11 86 29.3%
60%/Cat 2 - 15 18 3 6 42 14.3%
50%/Cat 1 - 16 17 3 6 42 14.3%
40%/Cat 1 - 33 20 5 9 67 22.8%
Res Mgr - - - - - - -
Total Units - 112 118 20 44 294
Cash Flow
Market Rent 398,088$ Residential Units 211,574 83%
Other Affordable Rent 1,473,324$ Community Space - 0%
LIHTC Rent 1,439,640$ Lobby, mech, storage - 0%
PHA Subsidy -$ Other Residential 42,315 17%
Other Income/Tenant Utility Pymt 601,038$ Commercial - 0%
Commercial Income -$ Surface Parking
Minus Vacancy/Employee Units 8%(316,879)$ Total 253,889
Effective Gross Income 3,595,211$
Schedule Mo. #
Operating Expenses 6,148$ (1,807,368)$ Construction Start Nov-17 1
Replacement Reserves 350$ (102,900)$ Construction Length (mos)15
Net Operating Income 1,684,942$ Construction Completion Feb-19 16
Lease-up/Sales Period (mos) 1
Debt Service (1,465,167)$ Full Occupancy Mar-19 17
Capital Costs (117,600)$ Conversion to Perm (mos)1
Cash Flow 102,175$ Perm Financing Closing Apr-19 18
Audit (mos)2
Sources - Construction 8609 Jun-19 20
Construction Loan 24,944,523$
Tax Credit Equity 9%-$ Uses
Tax Credit Equity 4%952,534$ Building/Defeasance Costs
Tax Credit Equity - State -$ Permits, Fees, and Studies
Tax Credit Equity - ETC -$ Direct Const. Costs - Housing
NMTC -$ Indirect Construction Costs
Cap Funds/ Reserves -$ Financing Costs
Certificate Sales -$ Developer Fee
FHLB-AHP -$ Reserves, Lease-up, & Sales
Developer Financing 14,834,367$ Total Project Costs
Existing Reserves 1,000,000$ Total Uses
State HOME -$
Deferred Reserve Costs 1,407,894$
Deferred Developer Fee 653,134$ Tax Credit Equity
Total Sources - Construction 43,792,452$ Type (4%/9%)
Price 0.850$
Sources - Perm Rate 3.23%
Perm Lender 25,137,476$ QCT (y/n)y
Tax Credit Equity 9% -$ Construction Loan
Tax Credit Equity 4%6,350,226$ Term (months)24
Tax Credit Equity - State -$ Rate 3.45%
Tax Credit Equity - ETC -$ LTV 85%
NMTC -$ LTC 90%
Cap Funds/ Reserves -$ Permanent Loan
Certificate Sales -$ Term (years)35
FHLB-AHP -$ Amort (years)35
Developer Financing 11,043,495$ Rate 4.70%
Existing Reserves 1,000,000$ LTV 87%
State HOME -$ DSCR 1.15
Deferred Developer Fee 261,254$
Total Sources - Perm 43,792,452$ Deferred Developer Fee
50%during Construction
Unused Funds 3,790,872$ 20%during Perm
5-Jan-2017
25,754,000$
549,842$
13,500,000$
Building S.F. Summary
4% LIHTC
573,118$
701,330$
1,306,268$
18,038,452$
Underwriting
1,407,894$
43,792,452$
Eagle Bend Proforma Current.xlsx Page 1
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 1 EBA - Opt 5 - Conservative LIHTC
Sources 10 Stonebridge Dr.
Avon, CO 81620
Construction
Construction Loan -$ 0%
New Perm Proceeds 24,944,523$ 57%
EB-5 Funds -$
Tax Credit Equity 4% 952,534$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing 14,834,367$
Unit Sales -$
Deferred Reserve Costs 1,407,894$
Deferred Developer Fee 653,134$
Total Construction Funds 43,792,452$
Overage (Shortfall) -$
Permanent Sources
Perm Lender 25,137,476$
Tax Credit Equity 4% 6,350,226$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing 11,043,495$
EB5 Repayment Reserve -$
Unit Sales -$
Lease-up Income -$
Deferred Developer Fee 261,254$
Total Perm Funds 43,792,452$ ########
Overage (Shortfall) -$
50% of Developer Fee deferred during Construction
20% of Developer Fee deferred during Perm
Eagle Bend Proforma Current.xlsx Page 2
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 2 Project name:EBA - Opt 5 - Conservative LIHTC 5-Jan-17
Development Costs Project Address:10 Stonebridge Dr.
Avon, CO 81620
Total Costs $ per Unit $ per SF Affordable Market % of Total 4% Basis 9% Basis
Land And Buildings
Land Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Existing Structures 25,004,000$ 85,048$ 98.48$ 22,707,714$ 2,296,286$ 57.1%25,004,000$ xxxxx
Defeaseance of Bonds -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Prepaid Ground Lease 750,000$ 2,551$ 2.95$ 681,122$ 68,878$ 1.7%xxxxx xxxxx
Total Land Costs 25,754,000$ 87,599$ 101.44$ 23,388,837$ 2,365,163$ 58.8%25,004,000$ -$
Permits, Fees, and Studies
Permits/Plan Review -$ -$ -$ -$ -$ 0.0%-$ -$
Utility/Public Works -$ -$ -$ -$ -$ 0.0%-$ -$
Market Study 10,000$ 34$ 0.04$ 9,082$ 918$ 0.0%10,000$ 10,000$
Env Impact/Hazards 12,000$ 41$ 0.05$ 10,898$ 1,102$ 0.0%12,000$ 12,000$
Survey/Zoning 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%7,500$ 7,500$
Acquisition appraisal 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%xxxxx xxxxx
Physical Needs Assessment 15,000$ 51$ 0.06$ 13,622$ 1,378$ 0.0%15,000$ 15,000$
Architect 423,696$ 1,441$ 1.67$ 384,785$ 38,911$ 1.0%423,696$ 423,696$
Engineering 52,962$ 180$ 0.21$ 48,098$ 4,864$ 0.1%52,962$ 52,962$
Inspections -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Testing 21,185$ 72$ 0.08$ 19,239$ 1,946$ 0.0%21,185$ 21,185$
Total Permit, Fees, and Studies 549,842$ 1,870$ 2.17$ 499,347$ 50,496$ 1.3%542,342$ 542,342$
Direct Construction Costs by GC
Solar Power Array -$ -$ -$ -$ -$ 0.0%-$ -$
Geothermal System -$ -$ -$ -$ -$ 0.0%-$ -$
Site Work -$ -$ -$ -$ -$ 0.0%-$ -$
Surface/Tuck Parking -$ -$ -$ -$ -$ 0.0%-$ -$
Residential - Exisiting 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 24.2%10,592,389$ 10,592,389$
Residential - New -$ -$ -$ -$ -$ 0.0%-$ -$
Landscaping -$ -$ -$ -$ -$ 0.0%-$ -$
Subtotal Building Costs 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 24.2%10,592,389$ 10,592,389$
General Requirements 635,543$ 2,162$ 2.50$ 577,177$ 58,366$ 1.5%635,543$ 635,543$
Overhead and Profit 847,391$ 2,882$ 3.34$ 769,570$ 77,822$ 1.9%847,391$ 847,391$
Pymt & Performance Bond 158,886$ 540$ 0.63$ 144,294$ 14,592$ 0.4%158,886$ 158,886$
Insurance by GC -$ -$ -$ -$ -$ 0.0%-$ -$
GMP Contract Total 12,234,210$ 41,613$ 48.19$ 11,110,660$ 1,123,550$ 27.9%12,234,210$ 12,234,210$
Construction Contingency 1,223,421$ 4,161$ 4.82$ 1,111,066$ 112,355$ 2.8%1,223,421$ 1,223,421$
Builder's Risk (for Ownr pd by GC)42,370$ 144$ 0.17$ 38,478$ 3,891$ 0.1%42,370$ 42,370$
Furnishings & Equipment -$ -$ -$ -$ -$ 0.0%-$ -$
Total Direct Construction Costs 13,500,000$ 45,918$ 53$ 12,260,204$ 1,239,796$ 30.8%13,500,000$ 13,500,000$
Indirect Construction Costs
Developer's Fee 150,000$ 510$ 0.59$ 136,224$ 13,776$ 0.3%150,000$ 150,000$
Developer's Fee - Profit 1,156,268$ 3,933$ 4.55$ 1,050,080$ 106,188$ 2.6%1,156,268$ 1,156,268$
Development Consultant 65,000$ 221$ 0.26$ 59,031$ 5,969$ 0.1%65,000$ 65,000$
Construction Management 137,000$ 466$ 0.54$ 124,418$ 12,582$ 0.3%137,000$ 137,000$
GL Insurance 122,342$ 416$ 0.48$ 111,107$ 11,235$ 0.3%122,342$ 122,342$
Real Estate Taxes -$ -$ -$ -$ -$ 0.0%-$ -$
Borrower's Legal 125,000$ 425$ 0.49$ 113,520$ 11,480$ 0.3%125,000$ 125,000$
Accounting 40,000$ 136$ 0.16$ 36,327$ 3,673$ 0.1%40,000$ 40,000$
Soft Cost Contingency 83,776$ 285$ 0.33$ 76,082$ 7,694$ 0.2%83,776$ 83,776$
Relocation -$ -$ -$ -$ -$ 0.0%-$ -$
Total Indirect Construction Costs 1,879,386$ 6,392$ 7.40$ 1,706,789$ 172,597$ 4.3%1,879,386$ 1,879,386$
Financing Costs
Constr Loan Int. - Const -$ -$ -$ -$ -$ 0.0%-$ -$
Constr Loan Int. - Lease-up -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Construction Loan Fees -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Lender Costs -$ -$ -$ -$ -$ 0.0%-$ -$
Perm Loan Fees 477,612$ 1,625$ 1.88$ 433,750$ 43,862$ 1.1%xxxxx xxxxx
Perm Lender Costs 62,100$ 211$ 0.24$ 56,397$ 5,703$ 0.1%xxxxx xxxxx
Lender App/3rd Party Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Syndicator Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Tax Credit Fees 136,618$ 465$ 0.54$ 124,071$ 12,547$ 0.3%xxxxx xxxxx
Title and Recording - Acq 25,000$ 85$ 0.10$ 22,704$ 2,296$ 0.1%25,000$ 25,000$
Title and Recording -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Financing Costs 701,330$ 2,385$ 2.76$ 636,922$ 64,408$ 1.6%25,000$ 25,000$
Lease-up & Reserves
Marketing expenses -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Lease-up Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Operating Reserves 1,113,894$ 3,789$ 4.39$ 1,011,597$ 102,296$ 2.5%xxxxx xxxxx
Capitalized Replacement Reserves 294,000$ 1,000$ 1.16$ 267,000$ 27,000$ 0.7%xxxxx xxxxx
Total Lease/Reserve Expenses 1,407,894$ 4,789$ 5.55$ 1,278,597$ 129,296$ 3.2%-$ -$
Total Development Costs 43,792,452$ 148,954$ 172.49$ 39,770,696$ 4,021,756$ 100.0%40,950,728$ 15,946,728$
Eagle Bend Proforma Current.xlsx Page 3
Sage Peak Solutions, LLC
www.sagepeakllc.com
Project Summary EBA - Opt 6 - LIHTC - No Cash Out
10 Stonebridge Dr.
Unit Mix 0BR 1BR 2BR 2BR - L 3BR Total %
est. s.f.545 545 763 880 975
Market - 7 12 2 6 27 9.2%
100%/Cat 3 - 14 8 2 6 30 10.2%
80%/Cat 2 - 27 43 5 11 86 29.3%
60%/Cat 2 - 15 18 3 6 42 14.3%
50%/Cat 1 - 16 17 3 6 42 14.3%
40%/Cat 1 - 33 20 5 9 67 22.8%
Res Mgr - - - - - - -
Total Units - 112 118 20 44 294
Cash Flow
Market Rent 398,088$ Residential Units 211,574 83%
Other Affordable Rent 1,473,324$ Community Space - 0%
LIHTC Rent 1,439,640$ Lobby, mech, storage - 0%
PHA Subsidy -$ Other Residential 42,315 17%
Other Income/Tenant Utility Pymt 601,038$ Commercial - 0%
Commercial Income -$ Surface Parking
Minus Vacancy/Employee Units 7%(285,583)$ Total 253,889
Effective Gross Income 3,626,507$
Schedule Mo. #
Operating Expenses 5,956$ (1,751,150)$ Construction Start Nov-17 1
Replacement Reserves 350$ (102,900)$ Construction Length (mos)15
Net Operating Income 1,772,457$ Construction Completion Feb-19 16
Lease-up/Sales Period (mos) 1
Debt Service (1,115,507)$ Full Occupancy Mar-19 17
Capital Costs (117,600)$ Conversion to Perm (mos)1
Cash Flow 539,350$ Perm Financing Closing Apr-19 18
Audit (mos)2
Sources - Construction 8609 Jun-19 20
Construction Loan 24,505,657$
Tax Credit Equity 9%-$ Uses
Tax Credit Equity 4%1,153,599$ Building/Defeasance Costs
Tax Credit Equity - State -$ Permits, Fees, and Studies
Tax Credit Equity - ETC -$ Direct Const. Costs - Housing
NMTC -$ Indirect Construction Costs
Cap Funds/ Reserves -$ Financing Costs
Certificate Sales -$ Developer Fee
FHLB-AHP -$ Reserves, Lease-up, & Sales
Developer Financing 20,331,214$ Total Project Costs
Existing Reserves 1,000,000$ Total Uses
State HOME -$
Deferred Reserve Costs 1,273,954$
Deferred Developer Fee 881,679$ Tax Credit Equity
Total Sources - Construction 49,146,102$ Type (4%/9%)
Price 0.915$
Sources - Perm Rate 3.23%
Perm Lender 19,771,560$ QCT (y/n)y
Tax Credit Equity 9% -$ Construction Loan
Tax Credit Equity 4%7,690,657$ Term (months)24
Tax Credit Equity - State -$ Rate 3.45%
Tax Credit Equity - ETC -$ LTV 85%
NMTC -$ LTC 90%
Cap Funds/ Reserves -$ Permanent Loan
Certificate Sales -$ Term (years)35
FHLB-AHP -$ Amort (years)35
Developer Financing 20,331,214$ Rate 4.45%
Existing Reserves 1,000,000$ LTV 87%
State HOME -$ DSCR 1.15
Deferred Developer Fee 352,671$
Total Sources - Perm 49,146,102$ Deferred Developer Fee
50%during Construction
Unused Funds 7,546,285$ 20%during Perm
5-Jan-2017
30,885,175$
549,842$
13,500,000$
Building S.F. Summary
4% LIHTC
568,324$
605,450$
1,763,357$
18,260,927$
Underwriting
1,273,954$
49,146,102$
Eagle Bend Proforma Current.xlsx Page 1
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 1 EBA - Opt 6 - LIHTC - No Cash Out
Sources 10 Stonebridge Dr.
Avon, CO 81620
Construction
Construction Loan -$ 0%
New Perm Proceeds 24,505,657$ 50%
EB-5 Funds -$
Tax Credit Equity 4% 1,153,599$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing 20,331,214$
Unit Sales -$
Deferred Reserve Costs 1,273,954$
Deferred Developer Fee 881,679$
Total Construction Funds 49,146,102$
Overage (Shortfall) -$
Permanent Sources
Perm Lender 19,771,560$
Tax Credit Equity 4% 7,690,657$
Tax Credit Equity 9% -$
Tax Credit Equity - State -$
Tax Credit Equity - ETC -$
NMTC -$
Cap Funds/ Reserves -$
FHLB-AHP -$
Certificate Sales -$
State HOME -$
Existing Reserves 1,000,000$
Developer Financing 20,331,214$
EB5 Repayment Reserve -$
Unit Sales -$
Lease-up Income -$
Deferred Developer Fee 352,671$
Total Perm Funds 49,146,102$ ########
Overage (Shortfall) -$
50% of Developer Fee deferred during Construction
20% of Developer Fee deferred during Perm
Eagle Bend Proforma Current.xlsx Page 2
Sage Peak Solutions, LLC
www.sagepeakllc.com
Exhibit 2 Project name:EBA - Opt 6 - LIHTC - No Cash Out 5-Jan-17
Development Costs Project Address:10 Stonebridge Dr.
Avon, CO 81620
Total Costs $ per Unit $ per SF Affordable Market % of Total 4% Basis 9% Basis
Land And Buildings
Land Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Existing Structures 30,135,175$ 102,501$ 118.69$ 27,367,659$ 2,767,516$ 61.3%30,135,175$ xxxxx
Defeaseance of Bonds -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Prepaid Ground Lease 750,000$ 2,551$ 2.95$ 681,122$ 68,878$ 1.5%xxxxx xxxxx
Total Land Costs 30,885,175$ 105,052$ 121.65$ 28,048,781$ 2,836,394$ 62.8%30,135,175$ -$
Permits, Fees, and Studies
Permits/Plan Review -$ -$ -$ -$ -$ 0.0%-$ -$
Utility/Public Works -$ -$ -$ -$ -$ 0.0%-$ -$
Market Study 10,000$ 34$ 0.04$ 9,082$ 918$ 0.0%10,000$ 10,000$
Env Impact/Hazards 12,000$ 41$ 0.05$ 10,898$ 1,102$ 0.0%12,000$ 12,000$
Survey/Zoning 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%7,500$ 7,500$
Acquisition appraisal 7,500$ 26$ 0.03$ 6,811$ 689$ 0.0%xxxxx xxxxx
Physical Needs Assessment 15,000$ 51$ 0.06$ 13,622$ 1,378$ 0.0%15,000$ 15,000$
Architect 423,696$ 1,441$ 1.67$ 384,785$ 38,911$ 0.9%423,696$ 423,696$
Engineering 52,962$ 180$ 0.21$ 48,098$ 4,864$ 0.1%52,962$ 52,962$
Inspections -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Testing 21,185$ 72$ 0.08$ 19,239$ 1,946$ 0.0%21,185$ 21,185$
Total Permit, Fees, and Studies 549,842$ 1,870$ 2.17$ 499,347$ 50,496$ 1.1%542,342$ 542,342$
Direct Construction Costs by GC
Solar Power Array -$ -$ -$ -$ -$ 0.0%-$ -$
Geothermal System -$ -$ -$ -$ -$ 0.0%-$ -$
Site Work -$ -$ -$ -$ -$ 0.0%-$ -$
Surface/Tuck Parking -$ -$ -$ -$ -$ 0.0%-$ -$
Residential - Exisiting 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 21.6%10,592,389$ 10,592,389$
Residential - New -$ -$ -$ -$ -$ 0.0%-$ -$
Landscaping -$ -$ -$ -$ -$ 0.0%-$ -$
Subtotal Building Costs 10,592,389$ 36,029$ 41.72$ 9,619,619$ 972,770$ 21.6%10,592,389$ 10,592,389$
General Requirements 635,543$ 2,162$ 2.50$ 577,177$ 58,366$ 1.3%635,543$ 635,543$
Overhead and Profit 847,391$ 2,882$ 3.34$ 769,570$ 77,822$ 1.7%847,391$ 847,391$
Pymt & Performance Bond 158,886$ 540$ 0.63$ 144,294$ 14,592$ 0.3%158,886$ 158,886$
Insurance by GC -$ -$ -$ -$ -$ 0.0%-$ -$
GMP Contract Total 12,234,210$ 41,613$ 48.19$ 11,110,660$ 1,123,550$ 24.9%12,234,210$ 12,234,210$
Construction Contingency 1,223,421$ 4,161$ 4.82$ 1,111,066$ 112,355$ 2.5%1,223,421$ 1,223,421$
Builder's Risk (for Ownr pd by GC)42,370$ 144$ 0.17$ 38,478$ 3,891$ 0.1%42,370$ 42,370$
Furnishings & Equipment -$ -$ -$ -$ -$ 0.0%-$ -$
Total Direct Construction Costs 13,500,000$ 45,918$ 53$ 12,260,204$ 1,239,796$ 27.5%13,500,000$ 13,500,000$
Indirect Construction Costs
Developer's Fee 150,000$ 510$ 0.59$ 136,224$ 13,776$ 0.3%150,000$ 150,000$
Developer's Fee - Profit 1,613,357$ 5,488$ 6.35$ 1,465,192$ 148,165$ 3.3%1,613,357$ 1,613,357$
Development Consultant 65,000$ 221$ 0.26$ 59,031$ 5,969$ 0.1%65,000$ 65,000$
Construction Management 137,000$ 466$ 0.54$ 124,418$ 12,582$ 0.3%137,000$ 137,000$
GL Insurance 122,342$ 416$ 0.48$ 111,107$ 11,235$ 0.2%122,342$ 122,342$
Real Estate Taxes -$ -$ -$ -$ -$ 0.0%-$ -$
Borrower's Legal 125,000$ 425$ 0.49$ 113,520$ 11,480$ 0.3%125,000$ 125,000$
Accounting 40,000$ 136$ 0.16$ 36,327$ 3,673$ 0.1%40,000$ 40,000$
Soft Cost Contingency 78,982$ 269$ 0.31$ 71,728$ 7,253$ 0.2%78,982$ 78,982$
Relocation -$ -$ -$ -$ -$ 0.0%-$ -$
Total Indirect Construction Costs 2,331,681$ 7,931$ 9.18$ 2,117,547$ 214,134$ 4.7%2,331,681$ 2,331,681$
Financing Costs
Constr Loan Int. - Const -$ -$ -$ -$ -$ 0.0%-$ -$
Constr Loan Int. - Lease-up -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Construction Loan Fees -$ -$ -$ -$ -$ 0.0%-$ -$
Construction Lender Costs -$ -$ -$ -$ -$ 0.0%-$ -$
Perm Loan Fees 375,660$ 1,278$ 1.48$ 341,160$ 34,499$ 0.8%xxxxx xxxxx
Perm Lender Costs 62,100$ 211$ 0.24$ 56,397$ 5,703$ 0.1%xxxxx xxxxx
Lender App/3rd Party Fees -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Syndicator Costs -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Tax Credit Fees 142,690$ 485$ 0.56$ 129,586$ 13,104$ 0.3%xxxxx xxxxx
Title and Recording - Acq 25,000$ 85$ 0.10$ 22,704$ 2,296$ 0.1%25,000$ 25,000$
Title and Recording -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Total Financing Costs 605,450$ 2,059$ 2.38$ 549,847$ 55,603$ 1.2%25,000$ 25,000$
Lease-up & Reserves
Marketing expenses -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Lease-up Reserves -$ -$ -$ -$ -$ 0.0%xxxxx xxxxx
Capitalized Operating Reserves 979,954$ 3,333$ 3.86$ 889,958$ 89,996$ 2.0%xxxxx xxxxx
Capitalized Replacement Reserves 294,000$ 1,000$ 1.16$ 267,000$ 27,000$ 0.6%xxxxx xxxxx
Total Lease/Reserve Expenses 1,273,954$ 4,333$ 5.02$ 1,156,958$ 116,996$ 2.6%-$ -$
Total Development Costs 49,146,102$ 167,164$ 193.57$ 44,632,685$ 4,513,418$ 100.0%46,534,198$ 16,399,023$
Eagle Bend Proforma Current.xlsx Page 3
Sage Peak Solutions, LLC
www.sagepeakllc.com
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: Termination of Benchmark Covenants
DATE: January 6, 2017
SUMMARY: Representatives of Traer Creek LLC have requested that the Town of Avon consider,
participate and support an effort to terminate the Declaration of Protective Covenants for Benchmark at
Beaver Creek Subdivision, originally adopted in 1974 (“Benchmark Covenants”). The Town Council
reviewed my introductory memorandum at its regular meeting on September 27, 2016 and provided
direction to proceed with efforts to provide notice to property owners and prepare documents necessary for
termination of the Benchmark Covenants. My prior memorandum, dated October 20, 2016, and additional
attached material can be accessed in the October 25, 2016 Town Council packet on the Town’s website.
The Town Council received several public comments and concerns about the proposed termination of
the Benchmark Covenants at its October 25, 1016 regular meeting. As a result of receiving this public
input, the Avon Town Council took no action on appointing a Landowner’s Committee. Council requested a
complete comparison of the Benchmark Covenants to the Avon Development Code. Myself, Virginia
Egger, Town Manager and Brian Graham, attorney for Traer Creek LLC, held an open community meeting
on November 15, 2016 to receive input, hear concerns and provide information on the Benchmark
Covenants. A power point comparison of the Benchmark Covenants to the Avon Development Code was
provided.
From this meeting, the following issues were identified:
1. The form of the notice to property owners was confusing and overly legalistic for most recipients
and many felt that the notice to property owners should come from the Town.
2. There was significant concern that some potential benefit to property owners in the existing
Benchmark Covenants had not been identified.
3. There was concern that remaining vacant lots subject to the Benchmark Covenants have not been
identified and evaluated.
This memorandum suggests a process for moving forward with consideration of terminating the
Benchmark Covenants which is stated in the draft Notice to all property owners in the Benchmark
Subdivision. The proposed process is as follows:
January 20, 2017 - Notice to Property Owners to be mailed by Town.
February 28, 2017 – Avon Town Council to conduct public hearing, interview property owners interested in
serving on the Landowner’s Committee and take action to appoint five persons to the Landowner’s
Committee.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Termination of Benchmark Covenants
January 6, 2017
Page 2 of 2
March 14, 2017 – Avon Town Council to take action as a property owner to vote on terminating the
Benchmark Protective Covenants and to provide direction to any representatives of the Town of Avon on
the Landowner’s Committee.
March 15, 2017 – Landowner’s Committee to meet and consider taking action to terminate the Benchmark
Protective Covenants.
Negative Impact of Terminating the Benchmark Covenants: Upon additional review of the Benchmark
Covenants to identify any aspect which protects or benefits property owners in the Benchmark Subdivision
better than the existing Town’s regulations, I believe the most significant consequence of terminating the
Benchmark Covenants would be the elimination of an individual property owner’s right to bring legal action
for enforcement of the Benchmark Covenants.
There is a 1979 “Declaration of Additional Protective Covenants” which purports to limit the density to
1,335 residential units by not allowing the sale of lots in the Benchmark Subdivision unless the use is
restricted so as to prevent construction of more than 1,335 residential units. All lots in the Benchmark
Subdivision have been sold, so this Additional Protective Covenant is legally unenforceable and
meaningless at this time. The Town’s zoning and density control regulations in the Avon Development
Code are closely coordinated with the Avon Comprehensive Plan and the Town’s water planning, water
rights portfolio and water service agreements, so that the density control number stated in 1979 has long
since been superseded by community planning efforts.
Traer Creek LLC has explained that commercial tenants, especially national tenants, typically review all
covenants prior to considering commercial leases. The question which has been asked by prospective
national commercial tenants is whether a commercial landlord can guarantee that a PACC will not be
resurrected and thereby subject any local approvals for signs or building alterations to a second review and
approval process that is in addition to the Town’s process. So long as the Benchmark Protective
Covenants remain, such a guarantee cannot be provided.
Remaining Vacant Lots: Town staff will identify and provide an analysis of all remaining vacant lots in the
Benchmark Subdivision for the February 28, 2017 Town Council public hearing. Town staff believes there
is only a small hand-full of vacant lots remaining at this time.
ATTACHMENTS:
A. Draft Notice to Property Owners.
B. Comparison of Benchmark Covenants to Avon Development Code and Avon building regulations.
NOTICE AND BALLOT MATERIALS TO ALL PROPERTY OWNERS IN THE
BENCHMARK AT BEAVER CREEK SUBDIVISION
January 20, 2017
NOTICE OF AVON TOWN COUNCIL PUBLIC HEARING
BALLOT TO APPOINT PERSONS TO THE LANDOWNER’S COMMITTEE
BALLOT TO VOTE ON TERMINATION OF BENCHMARK COVENANTS
BY USPS FIRST CLASS MAIL
To All Owners Within Benchmark at Beaver Creek Subdivision:
The Avon Town Council is evaluating the benefit of terminating the “Benchmark
Covenants” (i.e. the Declaration of Protective Covenants for Benchmark at Beaver Creek,
originally recorded on February 27, 1974, as amended and restated). This Notice provides you
with information concerning the Benchmark Covenants, the process to amend or terminate the
Benchmark Covenants, and the proposed process for the Avon Town Council to receive input
and consider taking action as the Town. Additional information can be accessed on the Town’s
website at _______________ or can be obtained at the Avon Town Hall during normal business
hours.
BACKGROUND:
The Benchmark Covenants were adopted in 1974 before the incorporation of the Town of
Avon in 1978 as part of the original Benchmark development. The Benchmark Covenants
encumber a substantial portion of the Town’s municipal boundaries. (see the map depicting the
original Benchmark Subdivision area on the Town’s website). The Benchmark Covenants allow
the owners of a majority of the Benchmark Subdivision property to appoint a five person
“Landowners Committee.” The Landowners Committee has various powers, including
appointment of a five-member Planning and Architectural Control Committee (“PACC”). The
PACC has broad approval authority over many aspects of development. The original Benchmark
Covenants were typical of comprehensive development covenants for a large mixed-use planned
development whereby the developer sought to retain control and oversight of development in the
early stages of the project.
Since Avon’s incorporation, the Town of Avon has adopted a Home Rule Charter and Avon
Municipal Code (the “Town Code”). Title 7 of the Town Code sets forth the Avon’s
Development Code which includes a comprehensive and cohesive set of modern land use,
zoning, design and landscaping regulations applicable to all of Avon, including the Benchmark
Subdivision. The Benchmark Covenants were amended and restated over time to acknowledge
the Town of Avon’s land use regulations and the establishment of an Avon Planning and Zoning
Commission with redundant architectural review duties. The last amendment to the Benchmark
Covenants in 1990 defers to Avon Planning and Zoning Commission by stating that any plans
ATTACHMENT A
submitted to and approved by the Avon Planning and Zoning Commission do not need to be
submitted to the PACC. The 1990 Amendment to the Benchmark Covenants further states that
approval by the Avon Planning and Zoning Commission shall be deemed to be approval of the
PACC within 10 days unless the PACC provides notice that the property owner must submitted
plans to the PACC for its review and approval.
Since adoption of the 1990 Amendment to the Benchmark Covenants, there is no record of
any activity by the PACC or the Landowners Committee and all approvals for development have
occurred under the review authority and regulations of the Town of Avon. The Benchmark
Covenants include provisions which are both redundant and inconsistent with the regulations in
the Avon Development Code and Avon building codes. A comprehensive comparison of the
Benchmark Covenants to the Avon Development Code and other regulations can be found on the
Avon website at ______________.
After review of the Benchmark Covenants and consideration of comments received, the
Avon Town Council believes that consideration of terminating the Benchmark Covenants is
warranted because the Covenants are inactive, outdated, redundant to Avon’s land use
regulations and Avon’s Planning and Zoning Commission, and is an unnecessary cloud and
encumbrance on property title for property owners in the Benchmark Subdivision. However, the
Avon Town Council will not make a final decision until conducting a public hearing as
described below.
PROCESS TO AMEND BENCHMARK COVENANTS: The Benchmark Covenants may be
terminated by either (i) the written consent of the owners of at least 51% of the land within the
Benchmark Subdivision, and/or (ii) the written approval of a 4/5ths majority vote of a
Landowner’s Committee. The Landowner’s Committee is appointed by the owners of 51% of
the land in the Benchmark Subdivision. The Town of Avon owns approximately 55% of the
land in the Benchmark Subdivision; therefore, the Town of Avon, through the Avon Town
Council, effectively controls the decision to terminate the Benchmark Covenants and the
decision to select and appoint five persons to the Landowner’s Committee. However, it is very
important to the Avon Town Council to conduct an open public process to receive and
consider all input from interested property owners prior to taking any action on the
Benchmark Covenants.
The Town process for consideration of any action on the Benchmark Covenants is as follows:
February 28, 2017 – Avon Town Council will conduct a public hearing regarding the
Benchmark Covenants, will interview property owners who are interested in serving on the
Landowner’s Committee and will take action to appoint five persons to the Landowner’s
Committee. The meeting will be held at 5:00 p.m., or as soon thereafter as possible, at the Avon
Town Hall, located at One Lake Street, Avon, Colorado.
March 14, 2017 – Avon Town Council will consider voting as a property owner in the
Benchmark Subdivision to terminate the Benchmark Covenants and will consider providing
direction to any representatives of the Town of Avon on the Landowner’s Committee with regard
to voting as a member of the Landowner’s Committee to terminate the Benchmark Covenants.
ATTACHMENT A
Meeting to be held at 5:00 p.m., or as soon thereafter as possible, at the Avon Town Hall, located
at One Lake Street, Avon, Colorado.
March 15, 2017 – Meeting of the Landowner’s Committee to consider, and potentially take
action, to terminate the Benchmark Covenants. Meeting to be held at 10:00 a.m., or as soon
thereafter as possible, at the Avon Town Hall, located at One Lake Street, Avon, Colorado.
BALLOT MATERIALS: Included with this NOTICE is a Ballot to Vote to Terminate the
Benchmark Covenants and a Ballot to Appoint Five Person to the Landowner’s Committee.
ADDITIONAL INFORMATION: The original Benchmark Covenants, including all
amendments and restatements, Town staff review materials and other information may be
obtained from the Town’s website at __________________ or from the Town Clerk, at the Avon
Town Hall, located at One Lake Street, Avon, Colorado, during normal business hours.
Town of Avon
__________________________________________
Jennie Fancher, Town Mayor
[Ballots to be attached to this Notice. The return address will be the Avon Town Hall. The
Ballot to appoint 5 persons to the Landowner’s Committee must be returned by February 22,
2017 so that the results can be included in the Avon Town Council packet for the February 28,
2017 Council meeting when the Town Council will take action to appoint five persons to the
Landowner’s Committee. The Ballot to terminate the Protective Covenants must be returned to
the Town Hall by March 7, 2017 so that the results may be included in the Avon Town Council
packet for the March 14, 2017 Avon Council meeting.]
ATTACHMENT A
Benchmark Protective Covenants –Comparison with Avon Regulations
November 15, 2016
The Declaration of Protective Covenants for Benchmark at Beaver Creek Subdivision
(“Benchmark Covenants”) was originally adopted in 1974 and were amended or
supplemented nine times through 1990. This comparison uses the latest and effective
version of the Benchmark Covenants. This comparison was prepared at the direction
of the Avon Town Council from the October 25, 2016 regular Council meeting.
This comparison addresses the development and design standards and the authority
and appointment of development review bodies.
ATTACHMENT B
Boundary of
property subject
to the Benchmark
Covenants.
ATTACHMENT B
Boundary of
property subject
to the Benchmark
Covenants.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
1. Development and Design Standards
2. Governing Body and Development Review Board
(Benchmark Covenants: Planning and Architectural Control Committee)
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: ZONING-ALLOWED USES
Benchmark Covenants
Paragraph 3 Uses –designated by lot
Avon Regulations
Zoning Map
ATTACHMENT B
U S HWY 6
SWIFT GULCH RD
M E TCAL F R D
PAINTBRUSH
NOTTINGHAM RD
E BEAVER CREEK BLVD
HURD LN
EAGLEBEND DR
CHIMING BELLS
WILDRIDGE RD E
MOUNTAIN STAR RD
W BEAVER CREEK BLVD
POST BLVD
W W ILD W OOD RD
YODER AVE
BUCK CREE K R D
AVON R D
RIVERFRONT LN
WOODRUSH
NOTTINGHAM RANCH RD
S
H
O
O
TIN
G STAR
B E A V E R C R E E K P T
CHAPEL PL
MOUNTAIN SAGE
O'NEAL SPUR
F AWC ETT RD
MILLIES LN
BEAVER CREEK BLVD
G
O
L
DENROD
BLUE FLAX
WILD ROS
E
PRIMROSE
WIL D RID GE R D
JUNE PT
J
ASMINE
U S HWY 6
OLD TRA IL RD
WILDRIDGE RD W
L
O
N
G
S
U
N L
N
B EAR TRAP RD
BENCHMARK RD
BENCHMARK RD
FOX LN
L
O
N
G SP
U
R
FLAT P T
SUN RD
S
A
D
D
LE RIDGE LO
OP
DRAW SPUR
N
O
R
T
H P
T
COYOTE RID G E
BEAVER CREEK PL
GROUND PLUM
STO N E B RID GE DR
WOODVIOLET
R ABBITBRUSH
LITTLE PT
FERRET LN ROSE CROWN
KED SPUR SHEPHERD RIDGE
JUNE C
R
EEK
CHIMING BELLS
PA IN TB R US H
A V O N RD
U S HWY 6
LAK E ST
PLAZA WAY
WILDRIDGE RD E
WIL
D
R
ID
G
E
R
D
METCALF R D
WILDWOOD RD
OLD TRAIL RD
POS T B LVD
8
16
1
16
16
4
2
32
30
5
10
13
23
28
12
15
6
21
14
3
24
9
29
25
7
31
16
17
26
20
27
19
11
23
18
16
33
22
TOWN OF AVON
OFFICIAL ZONING MAP
This map was produced by the Community Development Department.
Use of this map should be for general purposes only.
Town of Avon does not warrant the accuracy of the data contained herein.
Phone - 970-748-4030
Fax - 970-949-5749
http://www.avon.org/communitydevelopment
Author: JKoenig, Date: 02/17/11
0 1,000 2,000500
Feet
Eagle River
Nottingham Lake
Eagle River
Eagle River
Zoning Districts
Residential Duplex
Residential Low Density
Residential Medium Density
Residential High Density
Residential High Density Commercial (Retired)
Neighborhood Commercial
Shopping Center (Retired)
Mixed Use Commercial
Town Center
Industrial and Commercial
Public Facility
Park
Open Space, Landscaping and Drainage
Planned Unit Development
Planned Unit Development, Open Space
Short Term Overlay
PUD BoundaryAvon Town Boundary
Roads
I-70
Rivers and Lakes
PUD Number10
TOWN OF AVON
OFFICIAL ZONING MAP
Adopted this 8th day of February, 2011, by Ordinance 11-02
_______________________________
Mayor
PUD DISTRICTS
Attest:
_______________________________
Town Clerk
PUD Number PUD Name Date Approved
1 Wildridge 1981 (Final Plat, 2nd)
2 Folson Annexation 1985 (Ord. 85-08)
3 Falcon Pointe 1985 (Ord. 85-22)
4 Eaglebend 1986 (Ord. 86-12)
5 Riverside 1986 (Ord. 86-13)
6 Wildridge Acres 1990 (Ord. 90-15)
7 Foxx 4 PUD 1993 (Ord. 93-04)
8 Mountain Star 1994 (Ord. 92-21)
9 Westgate 1994 (Ord. 94-10)
10 Nottingham Station (Amendment 4)1995 (Ord. 95-07)
11 Lakeside Terrace 1995 (Ord. 95-24)
12 Ascent (a.k.a. “Gates” & “Chateau St. Claire”)1996 (Ord. 96-16)
13 Chapel Square 1996 (Ord. 96-25)
14 The Court at Stonebridge 1997 (Ord. 97-05)
15 Brookside Park 1997 (Ord. 97-13)
16 Village at Avon 1998 (Ord. 98-17)
17 Avon Center at Beaver Creek, Lot B 1998 (Ord. 98-23)
18 Grandview (BMBC/690 Nottingham Rd)1999 (Ord. 99-04)
19 Point View (7plex-> 5s.f.)1999 (Ord. 99-08)
20 Grandview at Wildridge 2000 (Ord. 00-01)
21 Sheraton Mtn. Vista, Lot C, Avon Center 2000 (Ord. 00-02)
22 Borg 2000 (Ord. 00-05)
23 Barrancas 2001 (Ord. 01-12)
24 Lots 42 & 43 Block 4 Wildridge (2 4plx->3 dup.)2002 (Ord. 02-11)
25 Dantas PUD (2 dup.->3 s.f).2002 (Ord. 02-12)
26 Marcin PUD (2 dup.->3 s.f.)2002 (Ord. 02-13)
27 Lot 61 2004 (Ord. 04-01)
28 Western Sage 2004 (Ord. 04-15)
29 Dry Creek 2005 (Ord. 05-09)
30 Riverfront 2006 (Ord. 06-03)
31 Red House 2009 (Ord. 09-07)
32 Buck Creek 2009 (Ord. 09-08)
33 Gandorf (1 Com & 4 aprtmts->2 Dup.)2009 (Ord. 09-14)
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: CONSTRUCTION PLANS
Benchmark Covenants
Approved by PACC
•PACC shall use “reasonable judgment in
pass upon all such plans and
specifications”.
Avon Regulations
AMC Title 7 –Avon Development
Code
AMC Title 15 –Building Code
Adopted engineering standards
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: FENCES
Benchmark Covenants
No fence, wall, or similar type barrier of any
kind shall be constructed, erected or
maintained on any lot, except such functional
or decorative fences and walls as may be
approved by the PAAC as an integral or
decorative part of a building to be erected on a
lot.
Avon Regulations
Avon Regulations are much more
detailed. They define materials,
height, layout, amount of
enclosure, transparency, and
varying standards for different
zone districts.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: FENCES
Avon Regulations
Fence means enclosing framework for exterior areas, such as yards or gardens. [Definitions]
AMC 7.28.080 Fences
7.28.080 -Fences.
(a)Purpose. The purpose of these regulations is to maintain adequate visibility on private property
and in public rights-of-way, to maintain the openness of properties to protect the light and air to abutting
properties, to provide adequate screening by regulating the height, location and design and to promote the
movement of wildlife through portions of Town.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: FENCES
Avon Regulations
AMC 7.28.080 Fences
(2)All other zone districts:
(i)Compatibility. Walls and fences shall be architecturally compatible with the style, materials and colors of the principal buildings on
the same lot. If used along collector or arterial streets, such features shall be made visually interesting by integrating architectural elements,
such as brick or stone columns, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings or
through similar techniques. A fence or wall may not consist of a solid, unbroken expanse length of more than fifty (50) feet.
(ii)Materials:
(A)Stone walls or brick walls with a stone or cast stone cap, treated wood fences, decorative metal, cast iron fences, stucco walls and
stone piers are encouraged. Solid walls and fences are permitted only in rear and side yards. Retaining walls are permitted where required for
grading purposes. Hedges may be used in the same manner and for the same purposes as a fence or wall.
(B)Fences used in front yards shall be at least fifty percent (50%) open. Allowable fences are split rail, wrought iron, picket or other
standards residential fences of a similar nature approved by the Director.
(C)Solid fences shall be constructed to meet the wind design criteria of the adopted International Building Code, using a basic wind
speed of ninety (90) miles per hour.
(D)Other materials may be incorporated in fences and walls and may be approved by the Director.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: FENCES
Avon Regulations
AMC 7.28.080 Fences
(2)All other zone districts:
(iii)Prohibited Materials. Contemporary security fencing such as razor wire or barbed wire or electrically charged fences are prohibited.
Chain-link fencing with or without slats shall not be used as a fencing material for screening purposes.
(iv)Height Limitations.
(A)No more than forty-two (42) inches high between the front building line and the front property line. For corner lots, front yard fence
regulations shall apply to both street sides of lot.
(B)No more than forty-two (42) inches high if located on a side yard line in the front yard, except if required for demonstrated unique
security purposes.
(C)No more than five (5) feet high for an opaque privacy fence located on a rear property line or on a side yard line in the rear yard.
(D)No more than six (6) feet high for opaque privacy fences that are located directly adjacent to and integrated with the architecture of
the house or connected to a courtyard.
(E)No more than thirty (30) inches high when located within the sight distance triangle. Fences within this sight distance triangle shall
not be solid.
(F)In the Light Industrial and Commercial (IC) zone district, a chain-link fence is permitted so long as it is not higher than six (6) feet
anywhere on the premises and not visible at the intersection.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: SIGNS
Benchmark Covenants
PACC must approve all signs. PACC shall
establish comprehensive sign regulations.
THERE IS NO RECORD OF PACC SIGN
REGULATIONS.
Avon Regulations
Chapter 15.28 Sign Code of the
Avon Municipal Code sets forth
extensive procedures and design
standards for signs. The Avon
Sign Code is 10 pages long.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: WATER AND SANITATION
Benchmark Covenants
Structures must be connected to water and
sanitation facilities provided by appropriate
governmental entity.
Avon Regulations
Essentially the same. All
development must connect to
Upper Eagle River Water
Authority and Eagle River Water
and Sanitation District services.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: TRASH
Benchmark Covenants
No trash may be dumped in subdivision. Each
property owner shall provide suitable
receptacles.
Avon Regulations
AMC 8.12 Garbage and Refuse
-18 subsections, notice and
enforcement procedures, fines in
municipal court.
AMC 8.16 Open Burning
AMC 8.32 Wildlife Protection
-Additional regulations for refuse
disposal and best wildlife
practices (i.e. bears).
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: LIVESTOCK
Benchmark Covenants
No livestock keep, raised or bred in
subdivision. Dogs and cats governed by
Town of Avon regulations.
Avon Regulations
AMC Title 6 Animals
-29 subsections governing
definitions, standards, notice,
enforcement and fines. Applies
to livestock, dogs, cats and other
animals.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: TREES
Benchmark Covenants
“Trees, shrubs and bushes naturally existing
upon any lot shall not be cut, trimmed or
removed without prior written permission of
the PACC.”
Avon Regulations
AMC Section 7.28.050 Landscaping.
-Purposes
-Required Minimum Landscaping
-Landscape Buffer
-Landscape Units
-Parking Lot Landscaping Standards
-Sight Triangles
-Irrigation Standards
-Maintenance Obligation
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: SETBACK REQUIREMENTS
Benchmark Covenants
PACC to determine location of improvements
and required setbacks. No standards,
probably not enforceable.
Avon Regulations
AMC Title 7 Development Code
-Setback defined (front yard, rear
yard, side yard)
-Minimum setbacks established
for each zone district
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: BUILDING HEIGHT
Benchmark Covenants
PACC to determine building height. No
standards, probably not enforceable.
Avon Regulations
AMC Title 7 Development Code
-Building Height defined with
diagrams
-Building Heights set for each
zone district
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: PARKING REQUIREMENTS
Benchmark Covenants
PACC to determine required off-street parking.
No standards, probably not enforceable.
Avon Regulations
AMC Section 7.28.020
-Extensive regulations, definitions,
standards and diagrams for
parking.
-Minimum parking requirements
for different uses
-Required Handicap Parking
-Stall dimensions
-Off-street loading
-Access Drive
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: LANDSCAPING
Benchmark Covenants
“All surface areas disturbed by construction
shall be promptly landscaped and maintained
according to approved landscape plans
pursuant to paragraph 5 hereof. The PACC
shall make rules and regulations specifying
the location, type, and quantities of ground
cover, plants shrubbery, trees, and similarly
related natural and/or artificial materials used
and submitted in connection with said
landscaping plans.”
Avon Regulations
AMC Section 7.28.050 Landscaping.
-Purposes
-Required Minimum Landscaping
-Landscape Buffer
-Landscape Units
-Parking Lot Landscaping Standards
-Sight Triangles
-Irrigation Standards
-Maintenance Obligation
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: TEMPORARY STRUCTURES
Benchmark Covenants
”No temporary structure . . . or tent shall be
permitted in the Subdivision, except as may
be determined to be necessary during
construction and specifically authorized by
PACC in writing.”
Avon Regulations
AMC Section 7.24.080 Temporary
uses and structures.
-8 sections
-Administrative or Planning
Commission review
-Appealable to Council
-List of Exempted Activities
-Special Events on Public
Property
-17 review criteria
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: CONTINUITY OF CONSTRUCTION
Benchmark Covenants
”All structures commended in the Subdivision
shall be prosecuted diligently to completion
and shall be completed within twelve months
of commencement unless an exemption is
granted in writing by the PACC.”
Avon Regulations
AMC Title 15
-Adoption of International Building Code
-Uniform regulation throughout Eagle
County and common to the
construction industry
-Generally, 2 years to complete
construction
-Town enforcement through Temporary
Certificate of Occupancy and
Certificate of Occupancy
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: NUISANCE
Benchmark Covenants
“No noxious or offensive activity shall be
carried on within the Subdivision, nor shall
anything be done or permitted which shall
constitute a nuisance therein.” Reliance on
general case to claim a nuisance exists.
Avon Regulations
AMC Chapter 8.24 Public Nuisances
-26 sections
-Specific nuisances defined: discharging
firearms, keeping junk, weeds, dog waste,
times for construction activity, mufflers, ice
and snow overhangs, waste light
-Procedures for abatement notice and
enforcement
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: VARIANCE
Benchmark Covenants
“A variance from or exception to the
provisions hereof as well as a vacation of any
easement reserved or described on the
recorded plat of the subdivision or herein may
be granted in writing by the PACC upon
approval thereof by the Town of Avon,
Colorado.”
Avon Regulations
AMC Section 7.16.110 Variance
AMC Section 7.16.120 Alternative
Equivalent Compliance
AMC Section 7.16,130 Right-of-
Way Vacation
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: NON-CONFORMING USES AND BUILDINGS
Benchmark Covenants
•Lawful building or use at time of regulation
is allowed to continue.
•Restoration is permitted if work
commenced within 1 year and completed
within 18 months of commencement.
•Abandonment is discontinuance for 1 year.
Avon Regulations
AMC Section 7.04.120 Non-
conforming Uses and Structures
•Lawful building or use at time of
regulation may continue
•Nonconforming Use or Structure
may not be enlarged
•May not be restored if 50%
destroyed.
•Abandonment is discontinuance
for 1 year
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Development and Design Standards: WEED ABATEMENT
Benchmark Covenants
PACC may cut, trim and control unsightly growth
on lots.
Avon Regulations
AMC Chapter 8.36 Noxious Weed
Control
•Adoption of local regulations to
enforce the Colorado Noxious
Weed Act.
•Definitions, designation of
noxious weeds, enforcement and
abatement procedures
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board
Benchmark Covenants
Governing Body:
•Originally the Master Developer
•5 Member Landowners Committee
•Elected by the “owners of 51% of the land in
the subdivision"
•Town of Avon is the owner of 55% of the land
in the subdivision
Avon Regulations
Governing Body:
•Avon Town Council
•7 members
•Elected by Avon Voters
•Vacancies appointed by Avon Town
Council
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board
Benchmark Covenants
Design Review Board:
•Planning and Architectural Control Committee
•5 Member PACC
•Appointed by the Landowners Committee
•Landowners Committee may alter in part or in
total any decision of PACC
•Vacancy appointed by Landowners
Committee, or after 30 days, Avon Town
Council may fill vacancy
Avon Regulations
Design Review Board:
•Avon Planning and Zoning Commission
•7 members
•AMC Section 7.12.040
•Appointed by Avon Town Council
•PZC either makes recommendations to
Town Council or may make decisions
which may be appealed to the Town
Council
•Vacancy filled by Avon Town Council
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board: CHARGES
Benchmark Covenants
Design Review Board:
•Authorized to charge for costs of review
•No fee schedule exists
Avon Regulations
Development Applications:
•Authorized to charge for cost of review
•Specific fee scheduled adopted for
development applications, building
permit applications, sign applications,
grading permits, etc.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board: ENFORCEMENT
Benchmark Covenants
Covenants may be enforced by the Landowners
Committee, PACC, Town of Avon, or any person
owning real property in the Subdivision.
Penalties and expense of enforcement may be
imposed as a lien on property.
Avon Regulations
AMC includes:
•Penalty provisions
•Establishment of municipal court
•Each day is a separate violation
•Specific violation sections for
Development Code, Building Code,
and Nuisances
•Ability to approve Compliance
Agreements
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board: STATUS/CAPACITY
Benchmark Covenants
Currently, no Landowners Committee, PACC or
staff for regulation and enforcement exists
Avon
•Full-time Town Staff in multiple
disciplines
•Municipal Court
•Full-time Town Hall
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board: PUBLIC PROCESS
Benchmark Covenants
•No public process
•No notification to property owners or general
public
•No Public Hearings
•PACC and Landowner Committee meetings
not required to be public
•No appeals rights from PACC to Landowners
Committee
Avon
•Development Code has specific public
notice and public hearing requirements
–mailings to landowners, postings
•Planning and Zoning Commission
review
•Town Council review or appealable to
Town Council
•Colorado Open Meetings Act
•Ability to file suit in District Court
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board: AMENDMENT AND TERMINATION
Benchmark Covenants
Paragraph 24.
Two Steps:
1.Election of Landowners Committee: Landowner’s Committee cannot be elected without the
Town of Avon’s Vote. The Town of Avon’s vote will decide the election of the 5 person
Landowners Committee.
2.Amendment/Termination of Covenants: Covenants may be amended or terminated with a 4/5
majority vote of the Landowners Committee.
ATTACHMENT B
Benchmark Covenants Comparison, November 15, 2016
Governing Body and Design Review Board: HYPOTHETICAL REINSTATEMENT
Benchmark Covenants
Reinstatement and re-activation of the Landowners Committee and PACC would require
affirmative action and approval by the Avon Town Council. Any such reinstatement and reactivation
would require adoption of meaning regulations with defensible standards for all design
requirements.
Such standards and regulations would hypothetically be the same as Avon’s existing regulations.
Different standards would create complication and extra cost for development in Avon.
The PACC would serve the same function as the Avon Planning and Zoning Commission.
A separate PACC would require duplicative review for each development and building permit.
The Covenants do not have a Comprehensive Plan
ATTACHMENT B
Governing Body and Design Review Board:
HYPOTHETICAL REINSTATEMENT
Benchmark Covenants
The Benchmark Covenants do
not have a Comprehensive Plan
Town of Avon
Comprehensive Plan
February 2006
(Revised March 2008)
ATTACHMENT B
ATTACHMENT B
Governing Body and Design Review Board:
HYPOTHETICAL REINSTATEMENT
Avon Comprehensive Plans also
include:
•Transportation Plans
•Trails Plan
•West Town Center Investment Plan
ATTACHMENT B
Benchmark Protective
Covenants –Comparison with
Avon Regulations
November 15, 2016
Questions –Comments?
ATTACHMENT B
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 10, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 8:15 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 – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. RENEWAL OF LIQUOR LICENSES
4.1. APPLICANT: BOB’S PLACE, LLC D/B/A BOB’S PLACE
LOCATION: 100 W. BEAVER CREEK BLVD
TYPE: HOTEL AND RESTAURANT LICENSE
MANAGER: ROBERT DOYLE
4.2. APPLICANT: MILLERS BOTTLE SHOP, LLC D/B/A JOE’S LIQUORS
LOCATION: 1060 W. BEAVER CREEK BLVD. #1B
TYPE: LIQUOR STORE LICENSE
MANAGER: SCOTT SEITZ
4.3. APPLICANT: 3 DRAGONS, LLC D/B/A CHINA GARDEN
LOCATION: 100 W. BEAVER CREEK BLVD.
TYPE: HOTEL AND RESTAURANT LICENSE
MANAGER: MARTIN RODOSH
4.4. APPLICANT: HCCL, LLC D/B/A BOXCAR
LOCATION: 182 AVON ROAD SUITE 208
TYPE: HOTEL AND RESTAURANT LICENSE
MANAGER: CARA LUFF
5. MINUTES FROM DECEMBER 13, 2016
6. ADJOURNMENT
LIQUOR AUTHORITY REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: January 10, 2017
Agenda Topic: Renewal Application–Bob’s Place
PROPOSED MOTION
I move to approve (or deny stating the reasons for denial) the Renewal Application for Bob’s Place, LLC
d/b/a Bob’s Place.
ACTION BEFORE COUNCIL
The Town Council serving as the Avon Liquor Licensing Authority will consider the following Liquor License
Application for renewal at its Board meeting next week:
Applicant: Bob’s Place, LLC d/b/a Bob’s Place
Location: 100 W. Beaver Creek Blvd
Type: Hotel and Restaurant License
Manager: Robert Doyle
BACKGROUND
Colorado Liquor Code, 12-47-302, provides for guidelines related to liquor licensing renewals;
applications for the renewal of an existing license shall be made to the local licensing authority. The
Town Clerk, Town Attorney, and Police Department have reviewed the application submitted and
referenced above and the materials are in order. The Police Report results show the following
information:
Bob’s Place, LLC d/b/a Bob’s Place :
There have been no concerns or violations during the past 5 years.
The owner/manager has been invited to attend the Liquor Authority meeting.
During the liquor license renewal process, the Liquor Authority has broad discretion to consider any
character issues related to the licensee holder at renewal in the same manner as granting a license.
If there have been various types of behavior, such as failure to pay taxes and fraud, the courts have
held these behaviors as a valid reason to find the applicant does not possess character. The
Colorado Liquor Code §12-47-302 sets forth the local authority’s ability to hold a hearing on the
application for renewal. The Avon Liquor Authority may only approve or deny a renewal application
and does not have authority to impose conditions on a renewal.
Attachments:
State of Colorado Renewal Application Form
Avon Police Department Summary Reports
LIQUOR AUTHORITY REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: January 10, 2017
Agenda Topic: Renewal Application–Joe’s Liquors
PROPOSED MOTION
I move to approve (or deny stating the reasons for denial) the Renewal Application for Millers Bottle Shop,
LLC d/b/a Joe’s Liquors.
ACTION BEFORE COUNCIL
The Town Council serving as the Avon Liquor Licensing Authority will consider the following Liquor License
Application for renewal at its Board meeting next week:
Applicant: Millers Bottle Shop, LLC d/b/a Joe’s Liquors
Location: 1060 W. Beaver Creek Blvd. #1b
Type: Liquor Store License
Manager: Scott Seitz
BACKGROUND
Colorado Liquor Code, 12-47-302, provides for guidelines related to liquor licensing renewals;
applications for the renewal of an existing license shall be made to the local licensing authority. The
Town Clerk, Town Attorney, and Police Department have reviewed the application submitted and
referenced above and the materials are in order. The Police Report results show the following
information:
Millers Bottle Shop, LLC d/b/a Joe’s Liquors:
There have been no concerns or violations during the past 5 years.
The owner/manager has been invited to attend the Liquor Authority meeting.
During the liquor license renewal process, the Liquor Authority has broad discretion to consider any
character issues related to the licensee holder at renewal in the same manner as granting a license.
If there have been various types of behavior, such as failure to pay taxes and fraud, the courts have
held these behaviors as a valid reason to find the applicant does not possess character. The
Colorado Liquor Code §12-47-302 sets forth the local authority’s ability to hold a hearing on the
application for renewal. The Avon Liquor Authority may only approve or deny a renewal application
and does not have authority to impose conditions on a renewal.
Attachments:
State of Colorado Renewal Application Form
Avon Police Department Summary Reports
1
LIQUOR AUTHORITY REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: January 10, 2017
Agenda Topic: Renewal Application–China Garden
PROPOSED MOTION
I move to approve (or deny stating the reasons for denial) the Renewal Application for 3 Dragons, LLC
d/b/a China Garden.
ACTION BEFORE COUNCIL
The Town Council serving as the Avon Liquor Licensing Authority will consider the following Liquor License
Application for renewal at its Board meeting next week:
Applicant: 3 Dragons, LLC d/b/a China Garden
Location: 100 W. Beaver Creek Blvd.
Type: Hotel and Restaurant License
Manager: Martin Rodosh
BACKGROUND
Colorado Liquor Code, 12-47-302, provides for guidelines related to liquor licensing renewals;
applications for the renewal of an existing license shall be made to the local licensing authority. The
Town Clerk, Town Attorney, and Police Department have reviewed the application submitted and
referenced above and the materials are in order. The Police Report results show the following
information:
3 Dragons, LLC d/b/a China Garden:
There have been no concerns or violations during the past year with current management.
Under the previous management China Garden failed a State Liquor Enforcement compliance
check on 5/16/13. China Garden also failed an Avon Police Liquor Enforcement check on 9/14/12.
Alcohol had been sold to a minor in the enforcement checks.
The owner/manager has been invited to attend the Liquor Authority meeting.
During the liquor license renewal process, the Liquor Authority has broad discretion to consider any
character issues related to the licensee holder at renewal in the same manner as granting a license.
If there have been various types of behavior, such as failure to pay taxes and fraud, the courts have
held these behaviors as a valid reason to find the applicant does not possess character. The
Colorado Liquor Code §12-47-302 sets forth the local authority’s ability to hold a hearing on the
application for renewal. The Avon Liquor Authority may only approve or deny a renewal application
and does not have authority to impose conditions on a renewal.
2
Attachments:
State of Colorado Renewal Application Form
Avon Police Department Summary Reports
LIQUOR AUTHORITY REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Debbie Hoppe, Town Clerk
Meeting Date: January 10, 2017
Agenda Topic: Renewal Application–Boxcar
PROPOSED MOTION
I move to approve (or deny stating the reasons for denial) the Renewal Application for HCCL, LLC d/b/a
Boxcar.
ACTION BEFORE COUNCIL
The Town Council serving as the Avon Liquor Licensing Authority will consider the following Liquor License
Application for renewal at its Board meeting next week:
Applicant: HCCL, LLC d/b/a Boxcar
Location: 182 Avon Road Suite 208
Type: Hotel and Restaurant License
Manager: Cara Luff
BACKGROUND
Colorado Liquor Code, 12-47-302, provides for guidelines related to liquor licensing renewals;
applications for the renewal of an existing license shall be made to the local licensing authority. The
Town Clerk, Town Attorney, and Police Department have reviewed the application submitted and
referenced above and the materials are in order. The Police Report results show the following
information:
HCCL, LLC d/b/a Boxcar:
There have been no concerns or violations during the past 3 years of doing business.
The owner/manager has been invited to attend the Liquor Authority meeting.
During the liquor license renewal process, the Liquor Authority has broad discretion to consider any
character issues related to the licensee holder at renewal in the same manner as granting a license.
If there have been various types of behavior, such as failure to pay taxes and fraud, the courts have
held these behaviors as a valid reason to find the applicant does not possess character. The
Colorado Liquor Code §12-47-302 sets forth the local authority’s ability to hold a hearing on the
application for renewal. The Avon Liquor Authority may only approve or deny a renewal application
and does not have authority to impose conditions on a renewal.
Attachments:
State of Colorado Renewal Application Form
Avon Police Department Summary Reports
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - LA 12-13-2016 Minutes.docx Page 1
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:01 p.m. A roll call was taken and Board members
present were Megan Burch, Amy Phillips, Jake Wolf, Scott Prince and Sarah Smith Hymes. Matt Gennett
was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg
Daly, Fleet Director Rego Omerigic, Town Engineer Justin Hildreth, Planning Director Matt Pielsticker,
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 were made.
4. REPORT OF CHANGES- CORPORATION MASTER FILE
Start time: 00:01:02
4.1. Applicant: Dillon Companies, Inc. d/b/a City Market No. 26
Location: 72 beaver Creek Place
Manager: Jeff Gentilini
Chairman Fancher noted that all application materials were in order.
Board member Burch moved to approve the report of changes for Dillon Companies, Inc. d/b/a City
Market No. 26. Board member Phillips seconded the motion and it passed unanimously by those
present. Board member Gennett was absent.
4.2. Applicant: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines
Location: 101 Fawcett Drive
Manager: Peter A. Cuccia
Peter Cuccia was present and noted that Traer Creek has never had a financial interest in the store.
Vice Chairman Smith Hymes moved to approve the report of changes for Avon Properties Leasing, LLC
d/b/a Village Warehouse Wines. Board member Phillips seconded the motion and it passed unanimously
by those present. Board member Gennett was absent.
5. RENEWAL OF LIQUOR LICENSES
Start time: 00:03:48
5.1 Applicant: Columbine Bakery, Inc. d/b/a Columbine Bakery
Location: 51 Beaver Creek Place
Type: Hotel and Restaurant License
Manager: Daniel Niederhauser
Chairman Fancher noted that all application materials were in order.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
FINAL - LA 12-13-2016 Minutes.docx Page 2
Vice Chairman Smith Hymes moved to approve the renewal application for Columbine Bakery, Inc. d/b/a
Columbine Bakery. Board member Phillips seconded the motion and it passed unanimously by those
present. Board member Gennett was absent.
6. MINUTES FROM NOVEMBER 15, 2016
Start time: 00:04:34
Vice Chairman Smith Hymes moved to approve the minutes from November 15, 2016, Liquor Authority
meeting. Board member Prince seconded the motion and it passed unanimously by those present.
Board member Gennett was absent. Board member Phillips abstained from the vote.
7. ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned at 5:06 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Secretary
APPROVED:
Jennie Fancher ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
Megan Burch ______________________________________
Albert “Buz” Reynolds ______________________________________
Scott Prince ______________________________________
Sarah Smith Hymes ______________________________________
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 10, 2017
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 8:30 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.
4
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. ACTION ITEMS – CONSENT AGENDA
4.1. APPROVAL OF RESOLUTION 17-01, DESIGNATING LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS
(AVON URA TREASURER SCOTT WRIGHT)
4.2. APPROVAL OF DECEMBER 13, 2016 URA MEETING MINUTES (AUTHORITY CLERK DEBBIE HOPPE)
5. ADJOURNMENT
AVON URBAN RENEWAL AUTHORITY REPORT
To: Honorable Chairperson Jennie Fancher and URA Commissioners
From: Scott Wright, Treasurer
Date: January 10, 2017
Topic: Resolution 17-01 – Designating Locations for Posting the Notices of Public Meetings
ACTION BEFORE THE COMMISSIONERS
C.R.S. Section 24-6-402(2)(c) requires that the Authority’s posting places must be designated
at the first regular meeting of the calendar year as part of Colorado’s “Open Meetings Law”.
Resolution 17-01 is presented to satisfy this requirement whereby it identifies four public
locations used for posting notices of the Avon Urban Renewal Authority’s public meetings in
addition to the Town of Avon’s website.
PROPOSED MOTION
“Move to approve Resolution 17-01 Designating Locations for Posting the Notices of Public
Meetings.”
ATTACHMENT
Resolution 17-01
AVON URBAN RENEWAL AUTHORITY RESOLUTION 17-01
A RESOLUTION TO DESIGNATE A PUBLIC PLACE WITHIN THE BOUNDARIES OF THE AUTHORITY WHERE NOTICES OF MEETINGS OF THE AUTHORITY’S BOARD OF COMMISSIONERS SHALL BE POSTED
WHEREAS, the Avon Urban Renewal Authority (the “Authority”) is a duly organized
body corporate and politic under and by virtue of the laws of the State of Colorado including the Urban Renewal Law, constituting Part 1 of Article 25 of Title 31, Colorado Revised Statutes
(“C.R.S.”); and
WHEREAS, the Board of Commissioners of the Authority (the “Board”) is required by
Section 24-6-402(2)(c), C.R.S., to designate the public place or places for posting notice of its meetings annually at the Board’s first regular meeting of each calendar year; and
WHEREAS, the meeting of the Board on the date hereof represents the first regular
meeting of the Board for calendar year 2017.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY:
Notice of meetings of the Board required pursuant to Section 24-6-401, et seq., C.R.S.
shall be posted within the boundaries of the Authority at least 24 hours prior to each meeting at the following locations:
Avon Town Hall, One Lake Street
Avon Recreation Center, 90 Lake Street
Avon Public Library, 200 Benchmark Road Avon Elementary School, 850 W Beaver Creek Boulevard
Town of Avon Website - www.avon.org
ADOPTED this 10th day of January 2017.
AVON URBAN RENEWAL AUTHORITY
(SEAL)
Jennie Fancher, Chairman
ATTEST:
Virginia Egger, Secretary
CERTIFIED BY:
Debbie, Hoppe, Authority Clerk
TOWN OF AVON, COLORADO
MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
1
1. CALL TO ORDER & ROLL CALL
Chairman Fancher called the meeting to order at 7:58 p.m. A roll call was taken and Authority members
present were Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch, Scott Prince and Sarah Smith Hymes.
Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Assistant Town
Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker, Fleet Director Rego
Omerigic, 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 ITEMS NOT LISTED ON THE FOLLOWING AGENDA
No comments were made.
4. ACTION ITEM
4.1. Action on Resolution 16-04, A Resolution Authorizing the Issuance of the Avon Urban Renewal
Authority Tax Increment Revenue Bonds, Series 2017 (Avon URA treasurer Scott Wright)
Authority member Phillips moved to approve Resolution No. 16-04, a Resolution of the Board of
Commissioners of the Avon Urban Renewal Authority authorizing the issuance of the Avon Urban
Renewal Authority, Tax Increment Revenue Bonds, Series 2017. Authority member Smith Hymes
seconded the motion and it passed on a 6 to 1 vote. Authority member Wolf voted no.
4.2. Action on Resolution 16-05, A Resolution expressing the Intent of the Board to be Reimbursed
for Certain Expenses Relating to the Financing of Town Hall
(Avon URA treasurer Scott Wright)
Authority member Smith Hymes moved to approve Resolution 16-05, a Resolution expressing the
intent of the Board to be reimbursed for certain expenses relating to the financing of Town Hall.
Authority member Phillips seconded the motion and it passed on a 6 to 1 vote. Authority member Wolf
voted no.
4.3. November 15, 2016 URA Meeting Minutes (Authority Clerk Debbie Hoppe)
Authority member Burch moved to approve the November 15, 2016, URA meeting minutes.
Authority member Smith Hymes seconded the motion and it passed on a 5 to 1 vote. Authority member
Phillips abstained. Authority member Wolf voted no.
Authority member Wolf asked that the minutes be more descriptive.
Michael Cacioppo agreed with Authority member Wolf and stated he had suggested this in the past to
Council.
5. WRITTEN REPORT
5.1. BOND ISSUANCE SCHEDULE AND TERM SHEET FOR SERIES 2016 TAX INCREMENT FINANCING REVENUE BONDS FOR
THE URA TENANT FINISHES AT THE NEW TOWN HALL ( ASSISTANT TOWN MANAGER SCOTT WRIGHT)
TOWN OF AVON, COLORADO
MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
2
6. ADJOURNMENT
There being no further business to come before the Authority, the meeting adjourned at 8:13 p.m.
RESPECTFULLY SUBMITTED:
__________________________________________
Debbie Hoppe, Authority Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Amy Phillips ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ______________________________
TOWN COUNCIL REPORT
To: Avon Town Council
From: Jennie Fancher, Mayor
Meeting Date: January 10, 2017
Topic: 2017 Board, Committee, Authority and Other Agency Appointments
Action Before Council: Review and Approval of Appointments to Board, Committee, Authority and
Other Agency Appointments
Proposed Motion: “I move to approve the appointments to committees, boards, authorities, etc. as
presented in Attachment A” or “I move to approve the appointments to committees, boards,
authorities, etc. as amended/recommended.”
Summary: Each year the Avon Town Council revisits the appointments to committees, boards,
authorities, etc. Appointments are made by motion and vote.
Council Requests for Appointment to Existing Positions: I made a request to Council inquiring about
interest in remaining on the same committees, boards, authorities, etc., dropping appointments, or
adding an appointment. The following requests were received.
Amy Phillips has interest in the Beaver Creek Liaison, High Five Media Access, ECO Transit, Economic
Development, EGE Air Alliance, and Arts & Culture, in that order. Councilor Phillips also has interest
in being the alternate for the UERWA
Megan Burch would like to stay on the Affordable Housing board and is interested in CML or CAST.
Sarah Smith Hymes would like to stay on the UERWA, has interest in ECO Transit and would like to
stay involved with CAST.
Scott Prince would like to stay with his current committees, Home Buyer Assistance, VVMBA,
Economic Development Alternate, and is interested in being involved as a liaison with Beaver Creek.
Jennie Fancher would like to stick with her current appointments, CAST, Eagle County Economic
Development Advisory Council, Traer Creek Liaison, Beaver Creek Liaison. While serving as a Beaver
Creek Liaison is a desired priority is not opposed to letting Council members Phillips and Prince serve
and Fancher be the alternate if needed.
Recommendation for New Liaison Opportunities:
• New Cultural and Arts Liaisons positions are being recommended with a goal of serving as
Town liaisons to the Avon's cultural and arts community, perhaps a catalyst to the creation of
a creative district and overall cultural enhancements to the town. My recommendation
would be to have Jake Wolf and Amy Phillips serve in this role.
• Council member Phillips’ interest in economic development sparked the recommendation for
the creation of Economic Development/Business Outreach Liaisons in town. I would like to
recommend Amy Phillips and myself, Jennie Fancher, fill this role unless others are
interested.
Recommended 2017 Appointments: I am providing my recommendations for 2017 appointments as
shown in Attachment A, based upon individual requests, opportunities for more liaison work and
openings where no Council member made a request.
Attachment:
Attachment A: 2017 Board, Committee, Authority and Other Agency Appointments
AGENCY DESCRIPTION 2017 COUNCIL & TOWN MANAGER
ASSIGNMENTS
Upper Eagle Regional Water
Authority
Town's voting representative on the six member board;
responsible for all elements of delivering potable water to the
Town
Appointment: Primary appointment must be an
elected official. Alternate may be Town Manager
(or designee) or citizen
Primary Representative:
SARAH SMITH HYMES
Alternate:
AMY PHILLIPS
Eagle County Regional
Transportation Authority
& Eagle County Regional Trails
(ECO)
A nine member board of elected officials from the incorporated
towns was established to develop operating policy. This board
has since been reduced to eight members who represent the
towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle
County Government and Beaver Creek. The half-cent county
sales tax is dedicated to funding regional transportation. One-
tenth of this tax goes toward funding the regional trails system.
Town's voting representative on Eagle County's Transit & Trails
Advisory Board.
Appointment: Elected or staff
Primary Representative:
AMY PHILLIPS
Alternate:
SARAH SMITH HYMES
Eaglebend, Kayak Crossing &
Buffalo Ridge Housing
Corporations
The management of the Corporation is accomplished through a
Board of Directors (the "Board") which oversees administration,
operations and maintenance of the Project. The board consists of
5 directors. The property is being managed by Polar Star
Properties under an agreement with the Corporation. The present
members of the Board are Gerald E. Flynn, Jeffery M. Spanel,
Craig Ferraro and Megan Burch.
Appointment: Elected or Appointed
Town Council also must approve other board
member appointments when a vacancy occurs.
Board Member:
MEGAN BURCH
Alternate Board Member:
VIRGINIA EGGER
ATTACHMENT A
TOWN OF AVON
2017 BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS
January 10, 2017
Public Access TV: High Five
Access Media
Voting representative on the Board of the nonprofit organization
that manages non commercial public, educational and
governmental programming; receives Town's PEG fees from
COMCAST
Appointment: Elected Appointment:
Board Member:
AMY PHILLIPS
Alternate Board Member:
JAKE WOLF
Colorado Municipal League
Policy Committee
The CML Policy Committee is a standing committee that develops
the League's legislative program. The membership is composed
of representatives from each member municipality, CML sections,
and district presidents.
Voting representative on policy matters before the State
Legislature
Appointment: Elected or Town Manager
Primary Representative:
MATT GENNETT
Alternate:
JAKE WOLF
Colorado Association of Ski
Towns
CAST members use the power of the coalition to seek support for
legislation that will benefit and sustain the mountain
communities. We support actions that keep our communities
livable, protect our pristine environment, and promote
community-based land use, mass transit, affordable housing, and
sustainable tourism. Our goal is to foster growth that will ensure
an exceptional quality of life for citizens and a positive
experience for visitors
Voting representative on ski town consortium
Appointment: Elected, if desired
Town Manager regularly attends; non-voting if an
Elected Official is appointed
Primary Elected Representative:
JENNIE FANCHER
Alternate:
Varies by Interest and Availability
I-70 Coalition Voting representative from towns & counties along the I-70
corridor working to reduce I-70 vehicular congestion and improve
safety.
Also continues to evaluate proposed magnetic train(Guideway
System)
Appointment: Elected or Town Manager
Appointment:
VIRGINIA EGGER
VVP: 1. EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private
partnership that provides the funding to make the Eagle County
Regional Airport (EGE) a vital part of the Eagle County economy
with a vibrant flight service program. Formed in 2002, the EGE
Air Alliance partnership includes government entities and private
business stakeholders in local towns within Eagle County.
Serves as representative to discuss regional airport topics of
concern.
Appointment: Elected or Town Manager
Board Member
AMY PHILLIPS
Alternate:
VIRGINIA EGGER
VVP: 2. Economic
Development Leadership
Council serves under the
umbrella of the Vail Valley
Partnership
Vail Valley Economic
Development Advisory Council
Contact Names: Chris Romer
Economic Development Leadership Council: Serves as
representative on the advisory board to the VVP governing
board; assists with regional & local collaboration, research, and
follow through on economic development initiatives.
Vail Valley Economic Development Advisory Council: The
Advisory Council is a resource and sounding board for the
Partnership. The Advisory Council will provide advisement on
issues at hand to ensure that local economic development
activities undertaken by VVED are relevant to the needs of the
business community and remain aligned to the core mission.
Primary Representative: Elected or Appointed
Appointment:
Primary Council member
JENNIE FANCHER
Alternate:
SCOTT PRINCE
Vail Valley Mountain Bike
Association
Regional committee focused on achieving IMBA Gold Designation.
VVMB coordinates volunteer trail work, organizes events, trains
volunteer trail construction crew leaders and contributes its
talents, guidance and time to support local land managers in
various soft surface trail initiatives.
Appointment: Elected or Appointed Appointment:
Primary:
SCOTT PRINCE
Alternate:
MATT GENNETT
Eagle County Home Buyer
Assistance Committee
("HBAC")
Tori Franks: Eagle County
(328-8775)
Eagle County Housing &
Development Department
The Eagle County Homebuyers Assistance Committee (HBAC) is a
volunteer committee, who represents public and private entities
throughout the valley. We are an advisory committee, to the
Board of County Commissioners who, working closely with the
Eagle County Housing Department, recommends policies
regarding the Eagle County Home Buyers Assistance Programs
and First Time Home Buyers Education Classes.
Appointment: Elected
Committee Member
SCOTT PRINCE
Traer Creek Liaisons Join the Town Manager in quarterly meetings to stay informed &
updated on development topics
Appointment: Elected or Appointed
Two Appointees
JENNIE FANCHER
MATT GENNETT
Hoffmann Commercial Real
Estate Liaisons
Join the Town Manager in quarterly meetings to stay informed &
updated on development topics
Appointment: Elected or Appointed
Two Appointees
JENNIE FANCHER
SARAH SMITH HYMES
Beaver Creek Resort
Committee (Bus, Marketing &
Liaison)
Contact Name: Jen Brown 845-
5971
Town Liaison to BCRC on joint matters of concern Appointment: Elected or Appointed Appointment:
Two Appointees:
AMY PHILLIPS
SCOTT PRINCE
Alternate: JENNIE FANCHER
Cultural and Arts Liaisons Serve as Town liaisons to Avon's cultural and arts community Appointment: Elected or Appointed
Two Appointees:
JAKE WOLF
AMY PHILLIPS
Economic
Development/Business
Outreach Liaisons
Serve as Town liaisons to Avon's business community Appointment: Elected or Appointed
Two Appointees
AMY PHILLIPS
JENNIE FANCHER
Asset Forfeiture Committee Reviews forfeitured collections and recommends disposal and use
of any monies
Appointment: Elected
JENNIE FANCHER
1 Council Report – Review and Action: 2017 Free Special Events Program
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: January 10, 2017
Agenda Topic: REVIEW AND ACTION ON THE TOWN OF AVON 2017 FREE EVENTS PROGAM AND
REQUESTED FUNDING SUPPORT
ACTION BEFORE COUNCIL:
To review and approve, approve with changes or deny the 2017 Free Events Program and Requested
Funding Support of $226,193.
PROPOSED MOTION:
I move to approve (approve with changes or deny) the 2017 Free Events Program and funding of
$226,193 appropriated from the 2017 General Fund Special Events Assigned Fund Balance, and up to
$9,120 of in-kind services.
BACKGROUND:
At the Review of the Town of Avon Special Event Venue and Funding Investments at the Avon Town
Council meeting on September 21, 2016; staff was provided direction to:
1. Review the free events programming to determine if it was more cost effective for the Town to
produce the free events as listed and hire a producer for the purpose of talent acquisition and
management, sound, light and stage management; and,
2. Further develop events mid-May through mid-October
2016 FREE EVENTS SUMMARY:
1. Private and Non Profit Produced Events
1.1. Four (4) free events programs were produced: Après Avon, Avon Live! Concerts, Boulder
Symphony and Dancing in the Park, totaling eight (8) event days.
1.2. All were produced by private or nonprofit producers.
1.3. Town provided cash funding to the producers of $143,150; and $6,100 of in-kind support.
2. Town Produced Events
2.1. Three (3) free events programs were produced: Salute to the USA, Pop-Up Strings and
Lakeside Sunday, totaling seven (7) event days.
2.2. Town provided cash funding of $119,250 which includes all operational needs and
support.
2 Council Report – Review and Action: 2017 Free Special Events Program
2017 FREE EVENTS RECOMMENDATION:
1. 2016-2017 Free Events Private and Non Profit Produced Events Comparison
1.1. Staff compared the cost of the Town fully producing the free events in 2016 versus
retaining private or nonprofit producers. The comparison contains a recommendation to
increase the free events to include one additional evening of Dancing in the Park and
Symphony Orchestra.
1.1.1. The comparison showed it is more cost effective for the Town to produce Après
Avon, Symphony Orchestra and Dancing in the Park, for a savings of $12,114. No
additional FTE or seasonal staff will be needed in other departments. Total cost
for these events including the expansion as indicated above in 2017, equals
$113,804.
1.1.2. The comparison showed it is more cost effective for the Town to retain a private
producer for the four Avon Live Concerts. It would cost the Town $10,087 more
to bring all production in-house. Total cost for this event series in 2017 equals
$79,920 of cash funding; and, in-kind support of $3,745.
2. 2017 Free Events Town Produced New & Expanded Events Recommendation
To further develop a diverse complement of special events which are robust, enriching and
provide year-round activation utilizing all four event venues, with particular interest in the Main
Street Mall and New Town Hall, which includes in the design proposed event space. New Town
Hall is expected to be available by October.
Staff gathered a group of individuals to act as an “as-hoc committee” to brainstorm event
activation ideas. The committee consisted of Justin Hildreth, Rego Omerigic, Danita Dempsey,
Preston Neill, Gary Padilla, Valerie Barry, Virginia Egger and Phil Struve.
2.1. The committee generated 19 new event and activation ideas which are listed by month
and venue in Attachment A.
2.2. Based off the feed-back received by the committee, staff recommends the following for
expansion, implementation and/or development in 2017:
2.2.1. Expansion – Five (5) free events to include: (10 event days)
Three additional Pop-Up Performances, for a total of six (6);
One additional Dancing in the Park, for a total of two (2); and
One additional Symphony Orchestra for a total of two (2)
2.2.2. New Events - Seven (7) free events to include: (22 event days)
Easter Egg Roll
Running Series
Pop-Up Anything
Pickleball Tournament
Family Movie Night
Speaker Lectures
Pop-Up Winter Performances
3 Council Report – Review and Action: 2017 Free Special Events Program
2.2.3. Further Event Development – Four (4) free events to include: (11 event days)
These are proposed as major multi-day activations, which require significant staff
time to develop this year. At such time as an event is fully developed, funding will
be requested.
Fall Harvest Market
Metropolitan Opera Broadcast
Winter Market/Bazaar
Holiday Lights Parade & Celebration
2.2.4. Off Site Activation – Three (3) event sponsorships at the Bookworm to promote
the Skylight Creative Writing event.
2.2.5. The estimated 2017 requested funding support for the full expansion and new event
programming implementation and off site activation equals: $113,703
3. 2017 Event Approved to Date
Several events have received cash funding approval for 2017 by the Town Council and Town
Manager:
Missoula Children’s Theatre: $8,749
Major League Triathlon: $3,500
Haute Route Rockies: $49,000
Cover Rock Music Festival: $75,000
Attachment B summarizes the above event costs.
TOTAL 2017 SEED FUNDING APPROPRIATION $400,000
TOTAL CASH FUNDING FOR ABOVE LISTED EVENTS $362,442
TOTAL BALANCE, IF FUNDING IS APPROVED $37,558
Staff anticipates receiving additional event proposals, which may require funding in 2017. If
Council approves the free events as presented, it should be anticipated that additional special
event funding for any major concert or festival and/or the events discussed above for further
development will most likely be requested during the year. The $37,558 is adequate to fund
smaller recurring requests such as Man of the Cliff and to produce one or two local band
evenings at the Pavilion.
4. 2017 Free Event With Alcohol Concessions and Recommendation
The Town can hold up to 15 liquor permits in one calendar year; for Town produced events held
on Town property at which productions or performances of an artistic or cultural nature are
presented. Staff recommends the Town hold the liquor permit for the following events:
4.1 Après Avon (2); Pop-Up Performances (8); Symphony Orchestra (2); Dancing in the Park (2);
Haute Route Rockies (1); totaling 15 event days.
4.2 Staff proposes to negotiate with a third-party concessionaire to manage all alcohol sales to
ideally include a revenue share opportunity to off-set the cost of production; and, a donation
to an Eagle County based non-profit.
4.3 It is not possible to project what revenue from liquor sales will accrue to the Town in 2017.
4 Council Report – Review and Action: 2017 Free Special Events Program
5. Additional Staffing: The scope, budget development and implementation of the new event
activations will require changing the current seasonal event assistant into a full time position to
assist the Director of Festivals and Special Events. The estimated net increase for salary and
benefits equals $25,242. If Council supports the free event programming, then action to approve
the position would be acted upon under agenda item 9.5.2. at Tuesday’s meeting.
ATTACHMENTS:
Attachment A – Activation Schedule & Dates
Attachment B – 2017 Special Event Town Contribution Summary
Page 1 of 4
ACTIVATIONS
Main
Street
Mall
New
Town
Hall Pa
v
i
l
i
o
n
Park Available
Dates
Budget
Estimate Notes
Après Avon •18 & 25th $32,600 Two late afernoons;
incorporate Mardi Gras theme
Egg Hunt / Roll •15th $4,000 Town produced
Half-Marathon / Running series •
Running Series (4x -6x)•All dates
open $5,000 Town produced with potential
support from consultant
Magic and/or Comedy Show •
Pop-Up Anything(2 per month / 8 total)•All dates
open $2,000
Pop up businesses with 24
hours notice; identify
locations on MSM allowed;
days of the week; number
per year allowed; etc.
Skylight Creative Writing ••9 - 11th $75,000
$75,000 in seed funds paid in
2016 per town manager
approval of talent
Missoula Children's Theatre ••11 - 17th $8,750
Committee in favor of this
event and introducing local
students to theatre
Haute Route Rockies ••26 - 28th $49,000
Arts Festival •
Scientific, Artist in Residence or Other
Exhibitions and/or Competitions •
Pop-Up Anything •All dates
open See Above See Above
Pickleball Tournament •Weekend $1,500 Town produced
Pop-Up Performances (4)•7, 14, 21 &
28th $6,903
Town produced; committee
in favor or six or eight
performances
Attachment A - ACTIVATION SCHEDULE & DATES
March 2017 - March 2018
March
April
2018
May
2018
JUNE
2018
2018
JULY
Page 2 of 4
ACTIVATIONS
Main
Street
Mall
New
Town
Hall Pa
v
i
l
i
o
n
Park Available
Dates
Budget
Estimate Notes
Attachment A - ACTIVATION SCHEDULE & DATES
March 2017 - March 2018
Dancing in the Park ••31st $25,000
Committee in favor of
supporting two dance
performances
Lacrosse Tournament •19-21st $0
Triple Bypass •7-9th $5,000 Community Grant
Colorado Disc Dogs Competition •15th
(Lower
Field)
$0
Xterra Mtn. Championships •15th
(Upper
Field)
$2,500 Community Grant
Arts Festival •
Scientific, Artist in Residence or Other
Exhibitions and/or Competitions •
Theatre Performances •
Kinetic Sculpture Competition / Race •
Family Movie Night (4)•10, 17, 24,
31st $2,100
Town produced; cost of
movie, audio visual
consultant
Battle of the Bands ••4th $7,060 Community Grant -
InteGreat!
Pickleball Tournament •All dates
open See Above See Above
Pop-Up Anything •All dates
open See Above See Above
Pop-Up Performances (2)•4 & 11th $3,452 See Above
Bec Tri Sprint Distance
Triathlon •4-5th $2,000 Community Grant
Dancing in the Park ••9th $25,000
Avon Live! (4)••2, 16, 23 &
30th $79,920
Symphony Orchestra (2)••6, 13 or
20th $33,608
Major League Triathlon ••25 - 27th $3,500
2018
2018
AUGUST
2018
2018
Page 3 of 4
ACTIVATIONS
Main
Street
Mall
New
Town
Hall Pa
v
i
l
i
o
n
Park Available
Dates
Budget
Estimate Notes
Attachment A - ACTIVATION SCHEDULE & DATES
March 2017 - March 2018
Ragnar Relay 12 $0 Pass through on Town
owned roads
Transrockies Run 17 $0 Pass through on Town
owned roads
Arts Festival •
Scientific, Art, or Other Exhibitions
and/or Competitions •
Theatre Performances •
Kinetic Sculpture Competition / Race •
Pop-Up Anything •All dates
open See Above
Pickleball Tournament •All dates
open See Above
Farmer's / Fall Harvest Market (4x - 6x)•
VVAG Plein Air Sessions / Contest •
Arts Festival •
Scientific, Art, or Other Exhibitions
and/or Competitions •
Country Fair •
Theatre Performances •
Kinetic Sculpture Competition / Race •
Man of the Cliff •13, 14, 15th $6,000
Vail Valley Soccer Tournament •7, 8th $0
Metropolitan Opera Broadcast (1 per
month / 3 total)•
Scientific, Art, or Other Exhibitions
and/or Competitions •
Oktoberfest ••
2018
2018
2018
OCTOBER
DEVELOPMENT DURING 2017
2018
2018
2018
2018
2018
2018
2018
SEPTEMBER
DEVELOPMENT DURING 2017
2018
2018
Page 4 of 4
ACTIVATIONS
Main
Street
Mall
New
Town
Hall Pa
v
i
l
i
o
n
Park Available
Dates
Budget
Estimate Notes
Attachment A - ACTIVATION SCHEDULE & DATES
March 2017 - March 2018
Speaker Lectures (1 per month / 2 total)•All dates
open $2,200
Ted-Ex; Poetry Slam, etc.; if
concept is successful would
continue through March
2018
Pop-Up Performances Winter
(1 per month / 2 total)•All dates
open $1,725
Based of cost of summer
production cost; if concept
is successful consider
continuing through March
2018
Winter Market / Bazaar (4x)•
Metropolitan Opera Broadcast (1 per
month / 3 total)•
Scientific, Art, or Other Exhibitions
and/or Competitions •
Speaker Lectures (1 per month / 2 total)•All dates
open See Above See Above
Pop-Up Performances Winter
(1 per month / 2 total)•All dates
open $1,725 See Above
Winter Market / Bazaar (2x)•
Holiday Lights Parade Celebration •
Metropolitan Opera Broadcast (1 per
month / 3 total)•
Scientific, Art, or Other Exhibitions
and/or Competitions •
Author Speaker Sessions to Promote
Skylight Cretive Writing Event (3x)
One per
month (3x)$3,600
Work with Bookworm
procure and manage talent,
promotions, etc.
Events / Activations in Bold are approved or in process
OFF-SITE ACTIVATION - FEBRUARY - APRIL 2017
DEVELOPMENT DURING 2017
DEVELOPMENT DURING 2017
DEVELOPMENT DURING 2017
2018
DECEMBER
NOVEMBER
DEVELOPMENT DURING 2017
DEVELOPMENT DURING 2017
2018
Attachment B - Festival Special Event
2017 Town Contribution Summary
PAVILION & PARK - APPROVED TO DATE Event Date Free vs. Ticketed Cash Contribution In Kind
Support
TOTAL
CONTRIBUTION
Haute Route Rockies 6/26 - 6/27 Registration / Free to
Spectators $49,000 $14,350 $63,350
Creative Writing Event (Funded in 2016)6/9-6/11 Ticketed $0 $5,000 $5,000
Cover Rock Festival 6/23-6/25 Ticketed $75,000 $7,500 $82,500
Missoula Children's Theatre 6/9-6/10 Registration / Free to
Spectators $8,749 All Operations $8,749
Major League Triathlon 8/25 - 8/27 Registration / Free to
Spectators $3,500 $5,375 $8,875
PAVILION - RECOMMENDED
Avon Live! Concert Series** (4 Nights)August Free $79,920 $3,745 $83,665
Dancing in the Park - Vail International Dance (2 Night)July / August Free $47,626 All Operations $47,626
Symphony Orchestra* (2 Nights)August Free $33,608 All Operations $33,608
SUB-TOTAL: SEED FUNDS - PAVILION $297,403 $35,970 $333,373
MSM - RECOMMENDED Event Date Free vs. Ticketed Cash Contribution In Kind
Support
TOTAL
CONTRIBUTION
Apres Avon* (2 Saturday afternoons/evenings)March Free $32,570 All Operations $32,570
Pop-Up Strings* (6 Friday Evenings)July / Aug.Free $8,619 All Operations $8,619
SUB-TOTAL: SEED FUNDS - MSM $41,189 $0 $41,189
NEW EVENTS - RECOMMENDED Event Date Free vs. Ticketed Cash Contribution In Kind
Support
TOTAL
CONTRIBUTION
Egg Hunt / Roll*April Free $4,000 All Operations $4,000
Running Series* (4x to 6x)May Registration / Free to
Spectators $5,000 All Operations $5,000
Pop-Up Anyting (2 month / 8 total)June through Sept.Free $2,000 All Operations $2,000
Pickelball Tournament July, Aug. Or Sept.Registration / Free to
Spectators $1,500 All Operations $1,500
Family Movie Night (4 Evenings)August Free $2,100 All Operations $2,100
Speaker Lectures (1 month / 2 total)Nov. - Dec.Free $2,200 All Operations $2,200
Pop-Up Performances Winter (1 month / 2 total)Nov. - Dec.Free $3,450 All Operations $3,450
Author Speaker Sessions to Promote Skylight Writing Event Feb., March, April Free $3,600 $0 $3,600
SUB-TOTAL: SEED FUNDS - NEW EVENTS RECOMMENDED $23,850 $0 $23,850
TOTAL - SEED FUNDS - APPROVED & RECOMMENDED $362,442 $35,970 $374,562
TOTAL SEED FUNDS - AVAILABLE IN 2017 BUDGET $400,000
TOTAL SEED FUNDS - REMAINING BALANCE $37,558
Event Date Free vs. Ticketed Cash Contribution In Kind
Support
TOTAL
CONTRIBUTION
Salute to the USA* 7/3 Free $112,950 All Operations $112,950
TOTAL 2017 FESTIVALS & SPECIAL EVENTS FUNDING $475,392 $35,970 $487,512
2017 FESTIVAL AND SPECIAL EVENTS - DATES AND FUNDING
GENERAL FUNDS - SALUTE TO THE USA
GENERAL FUND - SEED FUNDS - PAVILION & PARK
GENERAL FUND - SEED FUNDS - MAIN STREET MALL (MSM)
Page 1 of 1
TOWN COUNCIL REPORT
To: Avon Town Council
From: Jennie Fancher, Mayor
Meeting Date: January 10, 2017
Topic: REVIEW AND APPOINTMENT OF AD HOC SPECIAL EVENTS COMMITTEE
____________________________________________________________________________________
ACTION BEFORE COUNCIL:
Review and approval of appointments to the Ad Hoc Special Events Committee
PROPOSED MOTION:
“I move to approve the appointment of the 15 applicants to the Ad Hoc Special Events Committee
for a one year term from February 1, 2017 – January 31, 2018”
SUMMARY:
At the Avon Town Council work session held on September 21, 2016, direction was given to create an
Ad Hoc Special Events Committee. This committee will weigh in on the direction of future events in
the Town. These events will take place primarily at the Pavilion, in the park, on the mall, and later
this year in the New Town Hall.
Since September, there have been advertisements in the paper requesting interest from the
community. In addition, in early December an email was sent from me, with an application to those
who had shown interest along with other names that had been submitted as possible interested
parties. In the end, applications were sent to the 21 people, who are listed in Attachment A. Fifteen
persons on the list returned an application for appointment to the Committee. The 15 applicants are
as follows:
• Bobby Bank
• Tom Butz
• Pedro Campos
• Chris Cofelice
• David Courtney
• Trevor Davis
• Jamie Fisher
• Mac Garnsey
• Derek George
• Tim Haley
• Lisa Mattis
• Dennis McMahon
• Kathy Ryan
• Trevor Spinks
• Ruth Stanley
I would like to recommend that all 15 applicants be appointed to the first ever Ad Hoc Special Events
Committee. It is encouraging to have so many individuals offering to provide volunteer service to
the Town. Individual applications from these interested applicants follow Attachment A.
This first group will meet, discuss the role of the committee, come up with a mission statement, and
start by examining what is already approved and scheduled.
There are some wonderful leaders in this group, which is important for establishing event review
criteria, identifying and evaluating events, and determining its purview. The initial role has been
established and involves learning about our current events, reviewing our event application form,
setting funding criteria and recommending funding when and if a new event comes in. This will be
work enough while the group gets established. This group will certainly evolve once it gets rolling in
the special events world. This committee will be able to grow and learn together and may naturally
pare itself down over the coming months. I will look to have a review of the first year’s activity in
the fall of 2017.
ATTACHMENTS:
Attachment A – List of persons receiving an application, with note to pass along to anyone
interested
Individual Applications submitted by the 15 interested candidates for the Ad Hoc Special Events
Committee
ATTACHMENT A
List of persons receiving application for Ad Hoc Special Events Committee Bobby Bank
Derek George
Sam Gupta
Diane Moody Lisa Mattis Kathy Ryan
Kent Beidel
Dennis McMahon
Kristen Pryor Brian Nolan Lisa Siegert Free
Michelle Courtney
Trevor Spinks
Duncan Horner Mac Garnsey Pedro Campos
Rhonda Niederhauser
Matt Trasen
Ellen Moritz Tim Haley, Alpine Bank Todd DeJong
APPLICATION FOR THE
TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE
TERM JANUARY 15 – DECEMBER 31, 2017
DEADLINE FOR APPLICATION: DECEMBER 31, 2016
Name: Tom Butz
Occupation & Place of Employment: Christie Lodge
Mailing Address: PO Box 1196, Avon, Colorado 81620
Daytime Phone: 970-845-4527
Email: tbutz@christielodge.com
Please briefly describe below your interest in the Ad Hoc Committee for Special Events:
The Christie Lodge represents 280 lodging units in Avon and my capacity as Director of Resort Sales and Marketing for Christie Lodge puts me in the ideal position to be on the committee. A large majority of our shoulder and summer business is driven by local special events and they are vital to the success of our rental program.
What background, experience, or special skills do you think you can bring to the committee? My experience in mountain resort hospitality spans over 25 years. In addition to holding the positions of director of sales and marketing for lodging properties and a destination management company, I have managed operations for resort hotels.
Any additional information we should know about you? I am a Colorado native that grew up in Denver and first moved to the Vail Valley in 1987. In addition to the Vail Valley, I have lived and worked in Telluride and Jackson Hole Wyoming. I love where I live and want to help make Avon a special destination.
Thank you!
APPLICATION FOR THE
TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE
TERM JANUARY 15 – DECEMBER 31, 2017
DEADLINE FOR APPLICATION: DECEMBER 31, 2016
Name: ______________________________________________________________________
Occupation & Place of Employment: ______________________________________________
Mailing Address: ______________________________________________________________
Daytime Phone: ________________________
Email: ________________________________
Please briefly describe below your interest in the Ad Hoc Committee for Special Events:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
What background, experience, or special skills do you think you can bring to the committee?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Any additional information we should know about you?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Thank you!
APPLICATION FOR THE
TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE
TERM JANUARY 15 – DECEMBER 31, 2017
DEADLINE FOR APPLICATION: DECEMBER 31, 2016
Name: ______________________________________________________________________
Occupation & Place of Employment: ______________________________________________
Mailing Address: ______________________________________________________________
Daytime Phone: ________________________
Email: ________________________________
Please briefly describe below your interest in the Ad Hoc Committee for Special Events:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
What background, experience, or special skills do you think you can bring to the committee?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Any additional information we should know about you?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Thank you!
Name:
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APPLICATION FOR THE
TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE
TERM JANUARY 15 - DECEMBER 31, 2017
DEADLINE FOR APPLICATION: DECEMBER 31. 2016
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Mailing Address:
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APPLICATION FOR THE
TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE
TERM JANUARY 15 – DECEMBER 31, 2017
DEADLINE FOR APPLICATION: DECEMBER 31, 2016
Name: ______________________________________________________________________
Occupation & Place of Employment: ______________________________________________
Mailing Address: ______________________________________________________________
Daytime Phone: ________________________
Email: ________________________________
Please briefly describe below your interest in the Ad Hoc Committee for Special Events:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
What background, experience, or special skills do you think you can bring to the committee?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Any addition information we should know about you?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Thank you!
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APPLICATION FOR THE
TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE
TERM JANUARY 15 – DECEMBER 31, 2017
DEADLINE FOR APPLICATION: DECEMBER 31, 2016
Name: ______________________________________________________________________
Occupation & Place of Employment: ______________________________________________
Mailing Address: ______________________________________________________________
Daytime Phone: ________________________
Email: ________________________________
Please briefly describe below your interest in the Ad Hoc Committee for Special Events:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
What background, experience, or special skills do you think you can bring to the committee?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Any addition information we should know about you?
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Thank you!
Trevor Spinks
Realtor with Slifer Smith & Frampton
Po Box 7072 Avon, CO 81620
970-390-9063
tspinks@slifer.net
I was raised in Eagle County and have lived in Avon for about three years. As a member of
the 'millenial' generation I think that I will bring a different perspective. I have a great passion
for politics and want to help Avon continue to grow.
As a community member in the area for over 20 years I have seen what works and what doesn't.
I think that Avon has always done a great job with events and driving high quality tourism, I
Also believe that my experience in the hotel, restaurant, and Real Estate have helped me
understand those the events that attract visitors and locals alike.
I ran for Avon Town Council in 2016 and finished 4th
APPLICATION FOR THE
TOWN OF AVON AD HOC SPECIAL EVENTS COMMITTEE
TERM JANUARY 15 – DECEMBER 31, 2017
DEADLINE FOR APPLICATION: DECEMBER 31, 2016
Name: Ruth Stanley
Occupation & Place of Employment: Real Estate Broker, Marketing Manager, Event Planner
Mailing Address: P. O. Box 9027, Avon, CO 816320
Daytime Phone: 970-390-4725
Email: VailCoLocal@aol.com
Please briefly describe below your interest in the Ad Hoc Committee for Special Events.
With the new stage and the new committee I believe I could offer some good personal
as well as experienced input and insight into assisting with the future of the town events
committee through the group planning, solicitation, budgeting and functioning of our
town events. More importantly, would like to assist with making our events successful
and profitable for all involved. And putting Avon on the map as a “go to” fun
destination.
What background, experience, or special skills do you think you can bring to the committee?
BACKGROUND & EXPERIENCE
Having grown up in the Radio Business (father owned a radio station - WEW) I was
automatically thrust into working events for my father’s radio station. We were heavily
involved with the Community and held constant “promotions” for the station & clients
In college, I worked on the Campus activities committee 4 years where we were
Involved with hiring musicians, creating, executing and follow through of all Campus
Activities. We attended the NECAA, National Entertainment Campus Activity
Association conventions every year where we attended seminars, mingled and met
and hired talent for our campuses. Example of how large this convention was, Jackson
Browne PLAYED for one of the finale nights one year! (We didn’t have a budget to hire
him but Washington University did!)
After college I sold for my father’s station, moved into Direct Mail Marketing and was
finally hired as an Account Executive for Cable AdNet in St. Louis – the ultimate job in
media sales - selling advertising for the likes of ESPN, CNN, Lifetime, and Discovery, to
name. We held national promotions promoting the Networks in the St. Louis Market.
For Example ESPN: St. Louis Blues Night – we held a function for all of our clients over
Ruth Stanley – Page Two
500) in the Arena Cub (where the Blues played) with pregame Live Music, Dinner, Gift
Bags and treated them to the hockey game (thanks to ESPN) and then mingled with the
Hockey Players themselves. I was also involved with conceiving and executing small
promotions as well for my invidividual clients (these clients had budgets of $250,000 +
/year for advertising – not really “small” clients).
VAIL Experience: 1993 – 1996: KZYR Radio Sales and then Sales Manager, KTUN
Radio Sales. Continued my experience in sales and promotions with these stations.
Executed or assisted with such promotions for the likes of the Eagle County Fair &
Rodeo, Ford Park Concerts, anything community related, we were involved in. Since the
radio biz, and working for a Developer, I have created a niche in the market planning
and executing weddings, milestone birthday parties, Fundraising, VVCF functions, and
concierge activities on the side. Anything to stay involved with “people” and planning.
SPECIAL SKILLS:
I’m an idea person. I come from years of conceiving & executing the ultimate event.
Budgeting: I’m meticulous with sticking to the budget
Knowledge: I know the valley. I know people. I know how to follow through.
Involved: I NEED to be involved with my community. This committee would be an ideal
forum for me to put my past experience and skills to their full potential. WHILE working
with prospective event planners, concerts, festivals, etc., and building up my Town’s
reputation the THE place to be.
PRESENTLY: Real Estate Broker for KW Mountain Properties AND…
Working part time on starting my own small business in event planning. Alpenglow
Planning and Events (Brochure attached) Familiar with negotiating with vendors as well
as clients.
Any additional information we should know about you? MAINLY: I’m committed to my
community and would like to say I’m a part of it’s growth and prosperity; this appears to be
the BEST MEDIUM FOR ME to do that based on my skills & previous experience.
PREVOIUS AFFILITATIONS:
Founding Member: St. Patrick’s Day Parade Committee, 1976–1993
Judevine Center for Autistic Children, St. Louis, Mo, Father was Co-Founder and
President of the Board – I worked with the foundation fundraising as well as assisted with
center activities 1970 – 1993.
Special Events planner and organizer to the Mayor of St. Louis, MO Mayor Vincent
Schoemehl, 1982 – 1984. Personal, City and Political events
MAINLY: I’m committed to my community and would like to be apart of it’s growth and
Prosperity and this appears to be the BEST MEDIUM FOR ME to do that
TOWN COUNCIL REPORT
To: Avon Town Council
From: Virginia C. Egger
Meeting Date: January 10, 2017
Topic: REVIEW AND ACTION ON ANY CHANGES TO THE 2017 REGULAR AND RETREAT MEETING
SCHEDULE
OVERVIEW
Town Council approved the 2017 Regular and Retreat Meeting Schedule on December 13, 2016.
Please see Attachment A.
Since the approval, new calendar information has come to Mayor Jennie Fancher’s attention, as
detailed below. Council may change the regular meeting and retreat schedule by motion and vote at
Tuesday’s meeting.
• February Mid-Winter Break – A review of the Eagle County Schools calendar shows that the
Mid Winter Break is February 13 – 17, 2017. Council may wish to consider changing the
February meeting date of February 14th to accommodate the student break.
• March 21st Retreat Date – Mayor Pro Tem Sarah Smith Hymes has requested reconsideration
of the March 21st Retreat date, as she will be out-of-town. She also notes that it places three
meetings in March.
• Retreat Facilitator – Please note that Tami Tanoue is available in February to continue as your
retreat facilitator.
Please note: Changes from a 2nd or 4th Tuesday meeting date, does not allow for live streaming on
High Five Access Media. Taping, and then posting the meeting, is available.
ATTACHMENT A
2017 Avon Town Council Regular & Retreat Meeting Schedule
Adopted December 13, 2016
DATE NOTES
January 10, 2017
January 24, 2017
February 14, 2017 Mid-winter Break 2/27 – 3/3
March 14, 2017
March 21, 2016 Council Retreat – Noon to 5 p.m.
March 28, 2017
April 25, 2017 Spring Break 4/10 – 4/14
May 9, 2017
May 23, 2017
June 13, 2017
June 20, 2016 Council Retreat – Noon to 5 p.m.
June 27, 2017
July 11, 2017
July 25, 2017
August 8, 2017 Summer Break 8/21 – 8/25
September 12, 2017
September 26, 2017
October 10, 2017
October 24, 2017
November 14, 2017 Thanksgiving Break 11/20 – 11/30
December 12, 2016 Holiday Break 12/20 – 01/02/2018
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: January 10, 2017
Topic: Resolution 17-01 Designating Locations for Posting Notices of Public Meetings
SUMMARY:
C.R.S. Section 24-6-402(2)(c) requires that a municipality’s posting places must be designated at the
first regular meeting of the calendar year as part of Colorado’s “Open Meetings Law.” Resolution 17-
01 is presented to satisfy this requirement whereby it identifies four public locations used for posting
notices of Avon’s public meetings in addition to the Town’s website.
RECOMMENDED MOTION:
“I move to approve Resolution 17-01 Designating Locations for Posting Notices of Public Meetings.”
ATTACHMENT:
Resolution 17-01
TOWN OF AVON, COLORADO
RESOLUTION 17-01
DESIGNATING THE LOCATIONS
FOR POSTING THE NOTICES OF PUBLIC MEETINGS
WHEREAS, Local Public Bodies, including the Avon Town Council, are required by Subsection
24-6-402 (2)(c) C.R.S., to designate annually at the Town Council’s first regular meeting of each
calendar year, the place at which notice will be posted at least 24 hours prior to each meeting.
NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS:
Notice of meetings of the Town Council required pursuant to Section 24-6-401, et seq., C.R.S. shall be
posted within the boundaries of the Town at least 24 hours prior to each meeting at the following
locations:
Avon Town Hall, One Lake Street
Avon Recreation Center, 90 Lake Street
Avon Public Library, 200 Benchmark Road
Avon Elementary School, 850 W Beaver Creek Boulevard
Town of Avon website – www.avon.org
ADOPTED January 10, 2017
AVON TOWN COUNCIL
TOWN OF AVON, COLORADO
_________________________
Jennie Fancher, Mayor
Attest:
___________________________________
Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: January 10, 2017
Agenda Topic: APPROVAL OF REQUEST TO EXPAND THE SPECIAL EVENT PRODUCTION ASSISTANT FROM A
SEASONAL TO A FULL-TIME POSITION AND APPROVAL OF ADDITIONAL FUNDING FOR THE
POSITION FROM THE 2017 GENERAL FUND CONTINGENCY LINE ITEM
ACTION BEFORE COUNCIL:
To review and approve, approve with changes or deny the Request to Expand the Special Event
Production Assistant from a Seasonal to a Full-Time Position and Approval of Additional Funding for the
Position from the 2017 General Fund Contingency Line Item.
PROPOSED MOTION:
I move to approve adding the position of Special Event Production Assistant and ending the seasonal
part-time position currently approved in the 2017 General Fund budget and, appropriate $25,242.00
from the 2017 General Fund Contingency line item for the net salary and benefits cost increase.
SUMMARY:
The scope, budget development and implementation of the new event activations as identified and
presented in Agenda Item 9.2 - 2017 Free Events Program and Requested Funding Support necessitates
more staffing. Currently a seasonal part-time position is funded. This action will eliminate the
seasonal position and employ a full-time assistant.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: January 10, 2017
Topic: Meeting Minutes
SUMMARY:
Council recently gave direction to Town staff to provide greater detail in the minutes of Council
meetings. Therefore, the format has changed from “action” minutes to “summary” minutes. Staff
researched how other municipalities, such as Vail and Silverthorne, draft and present their meeting
minutes. Staff has decided that the Town of Silverthorne’s format is the most appropriate and will
begin including a record of the main points of discussion.
At the end of each set of meeting minutes, the following disclaimer will be included:
“These minutes are only a summary of the proceedings of the meeting. They are not
intended to be comprehensive or to include each statement, person speaking or to
portray with complete accuracy. The most accurate records of the meeting are the audio
of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting,
which is available at www.highfivemedia.org.”
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:06 p.m. A roll call was taken and Council members
present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Amy Phillips and Megan Burch. Matt Gennett
was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town
Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker, Fleet Director Rego
Omerigic, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and
Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Councilor Prince requested to move item 7.4, Resolution 16-33, Town of Avon Civil Liberties Protection to
immediately following public comment. Mayor Fancher noted that several members of the public
wanted to be present for this item. Since they were not present at the time, Mayor Fancher agreed to
take on the item once the interested parties arrived.
Councilor Wolf requested that all items, except 8.6, 8.7 and 8.8, be removed from the Consent Agenda.
3. PUBLIC COMMENT
There were no public comments.
4. ACTION ITEMS
START TIME: 00:07:30
4.1. Public Hearing and Action on Findings of Fact and Record of Decision for Major Development
Plan and Alternative Equivalent Compliance Applications for Avon Hotel on Lot B Continued
from the December 5, 2016 Town Council Special Meeting
(Planning Director Matt Pielsticker)
Councilor Gennett arrived at 5:55 p.m.
Mayor Fancher opened the Public hearing. Tom Crosby with the Lodge at Avon Center spoke in
favor of the Avon Hotel. Michael Cacioppo expressed his extreme concern with the parking
situation.
Councilor Prince moved to approve the Avon Town Council Findings of Fact and Record of Decision for
Major Development Plan and Alternative Equivalent Compliance Applications for the Avon Hotel (Exhibit 1),
thereby conditionally approving the Major Development Plan and Alternative Equivalent Compliance
Applications for the Avon Hotel on Lot B. Town Attorney Eric Heil made a request that there was
consent and support by the applicant to add a sixth condition of reaching consensus on the Shared
Parking Access Agreement with the Points of Colorado property. Councilor Prince agreed to the addition.
Councilor Phillips seconded the motion and it passed unanimously by those present.
4.2. Action on Resolution 16-39 Providing Funding to Treadstone Development LLC for the Construction
of Certain Landscaping and Utility Improvements for the Avon Hotel
(Planning Director Matt Pielsticker)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 2
Mayor Pro Tem Smith Hymes requested an edit to the packet on page 3 of 3, number 2a. She
suggested that the number should be $40,000 not $400,000.
Councilor Wolf moved to deny Resolution 16-39 thereby providing no funding for construction of certain
landscaping and utility improvements for the Avon Hotel. Councilor Gennett offered an amendment to
Councilor Wolf’s motion. The amendment was to deny the funding request for landscaping and approve
the funding request for the Heart Recovery Pipe Extension, as a matter of good faith and also to
demonstrate the Town does have a commitment to making a real change with regard to the climate
action plan and the infrastructure the Town has in place. Councilor Wolf did not agree to the amendment
of the motion. Councilor Wolf’s motion did not obtain a second, so the motion was not considered by
the Council.
Councilor Gennett moved to approve an amended version of Resolution 16-39, authorizing the transfer
of $20,000 from the 2016 General Fund Contingency line item to the Buildings and Facilities budget for
the purpose of engaging a professional engineer to study the capacity of the Heat Recovery system to
verify there is excess capacity to serve the new Town Hall and the needs of the Avon Hotel project
(Section 1 of Resolution). The motion also directed that a budget amendment be prepared to reimburse
the General Fund from the 2017 Urban Renewal Fund, for consideration by the Urban Renewal Authority.
Finally, the last part of the motion authorized $40,000 of funding for Heat Recovery utility
improvements, subject to URA approval (Section 2 of Resolution), and removed the $40,000 funding
request for landscaping improvements and the applicable "Whereas" statements. Mayor Pro Tem Smith
Hymes seconded the motion and it passed on a 6 to 1 vote. Councilor Wolf voted no.
Mayor Fancher moved to item 7.4, Action on Resolution 16-33, Town of Avon Civil Liberties
Protection.
5. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE URBAN RENEWAL AUTHORITY
Mayor Fancher moved to continue the Regular Meeting. Councilor Gennett seconded the motion
and it passed unanimously by those present. The time was 8:49 p.m.
6. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING
Mayor Fancher called the meeting to order at 8:14 p.m. A roll call was taken and Council members
present were Matt Gennett, Amy Phillips, Megan Burch, Jake Wolf, Scott Prince and Sarah Smith Hymes.
7. ACTION ITEMS
7.1. Action on Resolution 16-34, concerning the Avon Urban Renewal Authority’s Series 2017 Tax
Increment Bonds, Authorizing the Town Manager to Request the Town Council Fund any
Deficiencies in the Bond Account Pledged to the Payment of Such Bonds, and Authorizing the
2017 Cooperation Agreement (Assistant Town Manager Scott Wright)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 3
This item took place right after item 14.1.
Councilor Phillips moved to approve Resolution No. 16-34, a Resolution concerning the Avon Urban
Renewal Authority and its Tax Increment Revenue Bonds, Series 2017; authorizing and directing actions
by the Town Manager with respect to the preparation of requests to the Town Council for appropriation
of moneys to fund any deficiencies in the bond account pledged to the payment of such bonds;
authorizing the 2017 Cooperation Agreement; and other actions taken by the Town in connection
therewith. Councilor Burch seconded the motion and it passed on a vote of 5 to 1 vote. Mayor Fancher
was absent. Councilor Wolf voted no.
7.2. Action on Resolution 16-35, Levying General Property Taxes for the Town of Avon for the 2017
Budget year (Assistant Town Manager Scott Wright)
Councilor Burch moved to approve Resolution 16-35 and 16-36, adopting the 2016 Town of Avon General
Operating and the Avon General Improvement District No. 1 mill levies. Councilor Gennett seconded the
motion and it passed unanimously by those present. Mayor Fancher was absent.
7.3. Action on Resolution 16-36, levying General Property Taxes for the Avon General Improvement
District No. 1 for the 2017 Budget year (Assistant Town Manager Scott Wright)
7.4. Action on Resolution 16-33, Town of Avon Civil Liberties Protection (Mayor Jennie Fancher)
This item took place right after item 4.2. A correction was made to the Resolution by changing the word
"citizens" to "persons."
Steve Coyer commented, “We, as a community, need to take the position that we will not be a party to
tearing families apart on the immigration issue. We have worked too hard to build a stable, mixed
community to throw it away.” Steve Coyer also said, “My goal is to have our county and all of the
government entities within it, state publicly that it/they will not be the enforcement agent for any new
deportation efforts under the incoming federal administration. And that we will protect every law-
abiding member of our community.”
Michael Cacioppo stated that he does not want to see Avon become a sanctuary city.
Councilor Burch moved to approve Resolution 16-33, Town of Avon Civil Liberties Protection.
Councilor Smith Hymes seconded the motion and it passed unanimously by those present.
7.5. Action on Resolution 16-38, to Adopt the Climate Action Plan for the Eagle County Community
(Mayor Pro Tem Sarah Smith Hymes)
Mayor Pro Tem Sarah Smith Hymes presented the Climate Action Plan for the Eagle County
Community and detailed how the document was developed.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 4
Councilor Gennett moved to approve Resolution 16-38, Adopting the Climate Action Plan for the
Eagle County Community. Councilor Wolf seconded the motion and it passed unanimously by those
present. Mayor Fancher was absent.
7.6. Approval of 2017 Regular Meeting Schedule (Town Clerk Debbie Hoppe)
Councilor Gennett moved to approve the 2017 Regular Meeting Schedule as modified and
presented. Councilor Wolf seconded the motion and it passed unanimously by those present.
7.7. Appointments to Boards, Commissions and Committees
(Executive Assistant to the Town Manager Preston Neill)
This item was continued to the “Goal Setting Retreat” slated for 3:00 p.m. on January 10, 2017.
8. CONSENT AGENDA
8.1. Approval of McMahan and Associates 2016 Audit Engagement Letter
(Assistant Town Manager Scott Wright)
After items 8.6, 8.7, and 8.8 were approved, Councilor Prince made a motion to put items 8.1
through 8.5 back onto the Consent Agenda. Councilor Phillips seconded the motion and it passed
on a vote of 5 to 1. Councilor Wolf voted no. Mayor Fancher was absent.
Council Gennett moved to approve the Consent Agenda (items 8.1 through 8.5). Councilor Prince
seconded the motion and it passed on a 5 to 1 vote. Councilor Wolf voted no. Mayor Fancher was
absent.
8.2. Approval to Appropriate Funds to Repair Avon Regional Transit Facility Garage Doors and HVAC
Repairs from the 2016 General Fund Contingency Line Item
(Town Engineer Justin Hildreth)
8.3.Approval of Resolution 16-31, Approving a Gas Line Easement for Xcel Energy on Tract G
(Town Engineer Justin Hildreth)
8.4. Approval of Funding Request for the Adopt-A-Trail Program from the 2017 General Fund
Contingency Line Item (Mayor Jennie Fancher)
8.5.Approval of the Appointment of the Members to the Historic Preservation Advisory Board
(Mayor Jennie Fancher)
8.6. Approval of an Intergovernmental Agreement between the County of Eagle, State of Colorado,
and the Town of Avon for the Provision of Animal Services (Police Chief Greg Daly)
Items 8.6, 8.7 and 8.8 were acted on right after item 7.7. A motion was made to approve items 8.6, 8.7,
and 8.8 on the Consent Agenda and it passed unanimously by those present. Mayor Fancher was absent.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 5
Councilor Wolf moved to approve item 8.6, 8.7 and 8.8 on the Consent Agenda. Councilor Prince
seconded the motion and it passed unanimously by those present. Mayor Fancher was absent.
8.7. Approval of Member Agency Joinder Agreement to the Services Agreement for a Law
Enforcement Data Warehouse (Police Chief Greg Daly)
8.8. Approval of the Colorado Information Sharing Consortium Payment Intergovernmental
Agreement (Police Chief Greg Daly)
8.9. Approval of the November 15, 2016 Regular Meeting Minutes (Town Clerk Debbie Hoppe)
This item took place after the approval of items 8.1 through 8.5.
Councilor Gennett moved to approve the November 15, 2016, Regular Meeting Minutes. Councilor
Prince seconded the motion and it passed on a 4 to 1 vote. Councilor Wolf voted no. Councilor Phillips
abstained from the vote. Mayor Fancher was absent.
8.10. Approval of the November 17, 2016 Special Meeting Minutes
(Assistant to the Town Manager Preston Neill)
Councilor Prince moved to approve the November 17, 2016, Special Meeting Minutes. Councilor
Burch seconded the motion and it passed on a 4 to 1 vote. Councilor Wolf voted no. Councilor Phillips
abstained from the vote. Mayor Fancher was absent.
Councilor Wolf asked where the High 5 Access Media recording of the November 17, 2016, meeting
is. Councilor Wolf left the meeting at 10:17 p.m.
Michael Cacioppo stated that JK Perry, Executive Director of High Five Access Media, will not send
out public notices for board meetings.
8.11. Approval of the December 5, 2016 Special Meeting Minutes (Town Clerk Debbie Hoppe)
Councilor Phillips moved to approve the December 5, 2016, Special Meeting Minutes. Councilor
Prince seconded the motion and it passed on a 3 to 0 vote. Councilor Burch and Councilor Gennett
abstained from the vote. Mayor Fancher and Councilor Wolf were absent.
9. WRITTEN REPORTS
9.1. Gift Reporting – Beaver Creek Parking Passes & Birds of Prey Gift Bags
(Executive Assistant to the Town Manager Preston Neill)
10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
11. MAYOR & COUNCIL COMMENTS
12. TOWN MANAGER UPDATE
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 6
13. 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) as well as a Conference with the Town Attorney for the Purpose of Receiving
Legal Advice under C.R.S. §24-6-402(2)(B) Concerning Negotiations Regarding a Deed of Easement –
Northside Parcels
This item took place during Open Session in conjunction with item 14.1.
14. ACTION ITEMS
14.1. Action on Resolution 16-37, providing a Deed of Conservation Easement – Avon Northside
(Town Attorney Eric Heil)
This item took place right after the Council reconvened into the Regular meeting after the URA
meeting.
Markian Feduschak, President of Walking Mountains Science Center, and Toby Sprunk, Open Space
Director for Eagle County, updated the Council on the proposed Conservation Easement.
Michael Cacioppo asked Council what consideration the Town tax payer receives from this
transaction.
Phil Brodsky expressed how he believes the Walking Mountains Science Center is a treasure and
asset to the Town of Avon.
This item was tabled and direction was provided for the elected officials and necessary Town staff
members, including the Town Attorney, to negotiate directly with Eagle County in an attempt to
reach terms that will allow this to move forward.
Mayor Fancher left the meeting at 9:55 p.m.
14.2. Action on a Consent and Subordination Agreement as it Pertains to a Deed of Conservation
Easement – Lot 1B, Buck Creek Subdivision (Town Attorney Eric Heil)
This item took place right after the approval of item 8.11.
Councilor Phillips moved to approve the Consent and Subordination Agreement as presented.
Councilor Gennett seconded the motion and it passed on a 4 to 0 vote. Councilor Prince was out of the
room. Mayor Fancher and Councilor Wolf were absent.
15. Adjournment
There being no further business to come before the Council, the regular meeting adjourned at 10:24 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY, DECEMBER 13, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 7
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
______________________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Amy Phillips ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
TOWN OF AVON, COLORADO
AVON SPECIAL MEETING MINUTES FOR TUESDAY, DECEMBER 20, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Pro Tem Sarah Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken and
Council members present were Scott Prince, Amy Phillips and Megan Burch. Mayor Jennie Fancher was
remotely present, via conference phone. Council members Matt Gennett and Jake Wolf were absent.
Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott
Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker and Executive Assistant to the Town
Manager Preston Neill.
2. APPROVAL OF AGENDA
No changes to the agenda were requested.
3. PUBLIC COMMENT
Councilor Wolf joined the meeting at 5:05 p.m.
Joe Shankland, an Avon resident, commented on the Town’s transit system. He made several
suggestions to improve the Skier Express Shuttle route. In addition, he urged the Council to solicit public
input on expanding or amending the Skier Express Shuttle route to include stops along West Beaver
Creek Boulevard. Town Manager Virginia Egger explained Town staff’s intention to survey residents in
Wildridge and along West Beaver Creek Boulevard in order to gauge opinion on the Town’s transit
system and what changes, if any, they would like to see made. Councilor Prince recommended staff
come up with alternatives, rather than move forward with any surveys. Town Manager Virginia Egger
then provided a few ideas and said staff will begin identifying objectives and strategies for 2017 transit
pilot programs. Moreover, she said an update will be provided to Council at the January 10th Town
Council meeting.
4. ACTION ITEMS
4.1. ACTION ON RESOLUTION 16-37, GRANTING A DEED OF CONSERVATION EASEMENT –
AVON NORTHSIDE PARCELS (TOWN ATTORNEY ERIC HEIL)
Town Attorney Eric Heil presented the proposed revisions to the Deed of Conservation Easement
and the accompanying Resolution 16-37.
Councilor Wolf left the meeting at 5:44 p.m. but joined the meeting via conference phone.
Phil Brodsky, an Avon resident, commended the Town Council for meeting with the Eagle County
Commissioners and thanked them for their work in getting the Conservation Easement to move
forward. Markian Feduschak, President of Walking Mountains Science Center, also expressed his
appreciation for the Town Council’s work on the Conservation Easement and thanked them for
looking out for the best interests of their constituents.
TOWN OF AVON, COLORADO
AVON SPECIAL MEETING MINUTES FOR TUESDAY, DECEMBER 20, 2016
AVON TOWN HALL, ONE LAKE STREET
Page 2
Councilor Burch moved to approve Resolution 16-37, granting a Deed of Conservation Easement for
the Avon Northside Parcels. Councilor Phillips seconded the motion and it passed unanimously by
those present. Councilor Gennett was absent, and Mayor Fancher and Councilor Wolf were
remotely present, via conference phone.
7. ADJOURNMENT
There being no further business to come before the Council, Councilor Phillips moved to adjourn the
regular meeting. Councilor Burch seconded the motion and it passed unanimously by those present.
Councilor Gennett was absent, and Mayor Fancher and Councilor Wolf were remotely present, via
conference phone. The time was 5:59 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and
the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
______________________________________________
Preston Neill, Executive Assistant to the Town Manager
APPROVED:
Jennie Fancher ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
Megan Burch ________________________________
Amy Phillips ________________________________
Scott Prince ________________________________
Sarah Smith Hymes ________________________________
TOWN COUNCIL REPORT
To: Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: January 10, 2017
Topic: 2017 Winter Pilot Program for Transit Services
Pilot Program for Transit Services: Total Budget: $50,000
Our staff working group has identified the following objectives and strategies for the pilot programs.
Rolling implementation is planned for the period January 17th – April 2nd. No changes are planned for the
Restaurant Shuttle, which already provides for deviated loop service.
Councilor Amy Phillips has recommended that Town Council review these pilot ideas at one of your
January meetings. As such, it has been added to this meeting’s Written Reports, should Amy or any
member of Council wish to discuss at the meeting, as that would be an opportune time.
OBJECTIVE: Improve Skier Shuttle (SS) connections with Red and Blue (R/B) Lines and expand service
- Strategies:
- Ensure R/B drivers, who observe riders getting on with ski equipment, call the next SS to wait
- Allow SS deviated loops between 11:21 a.m. and 2:00 p.m. on BC return buses, when requested
by a rider
- Allow SS deviated loop on 5:00 and 5:30 p.m. BC return buses, when requested by a rider
- Cost: Small marginal cost for fuel when deviated loop operated
OBJECTIVE: Provide greater in-town bus service to meet early evening demand
- Strategy: Provide 30-minue service from 6:00 p.m. to 8:00 p.m.
- Cost: In the process of being determined
OBJECTIVE: Provide transit services to areas not served by the R/B
- Strategies:
- Implement with one or more local taxi services a contract for services with a determined
retainer and number of rides
- On-demand – Weekend rides will be from Nottingham Road, Wildridge and Hurd Lane
with pick-up at Town parking lots or bus shelters with drop-off at Avon Transit Center ;
same hours as R/B lines
- Rides throughout Town from 8:00 p.m. to 11:30 p.m. Pick-up at bus shelters and public
parking lots with drop-off at the same. Safe pull-off for Nottingham Road may be private
driveways.
- We have done outreach to Breckenridge and Squaw Valley, which have implemented
recently on demand point-to-point free service.
- Cost: Staff expects to meet with taxi companies in the next 10 business days; we will then
determine how to procure under the Town’s procurement policy; and then, upon selection,
contract for services. Estimated date to begin on-demand service is February 4th.
WRITTEN REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Meeting Date: January 10, 2017
Topic: Purchase and Use Policy for Town Council Tablets Update
At the December 12, 2016, Council Retreat, Council supported packets being delivered electronically
to go “paperless”. The Council agreed that Council members, if he or she desires, should be
provided a device to access the electronic Council packet, check Town email and search the Internet,
at Town cost. A 120-day time frame for this transition was targeted, which puts the latest date to
approve a budget appropriation, purchase and set up devices and adopt a Use Policy at April 1, 2017.
The Town’s IT staff has concluded their research of three municipalities, which included Silverthorne,
Eagle and Vail, in terms of providing a device to elected officials. Staff believes the Town of Vail’s
approach is the most appropriate.
• The Town of Vail purchases Apple iPads for all Council members, but the Town maintains
ownership of the iPads. Also purchased and installed is the “iAnnotate PDF” application,
which allows Council members to make notes on the PDF packets.
• The recommended device for Council use is an Apple 9.7 inch iPad Pro – 32 GB, at a price of
$599.00 per device. The cost of the “iAnnotate PDF” software is $9.99 per device.
Those who would like to receive the device and software described above should let me by
Wednesday, January 18th, 5:00 pm.
For the January 24th Council Meeting, Council will be asked to review and take action on the Use
Policy and budget amendment for the number of devices requested. Please note the funds for the
purchase of the device(s) and software will be appropriated from the General Fund Contingency line
item.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: January 10, 2017
Topic: UERWA Summary - DRAFT
OVERVIEW:
Mayor Pro Tem Sarah Smith Hymes, who serves as the Town’s primary representative on the UERWA
Board, has asked that the meeting summaries, which she receives be shared with the Town Council.
The UERWA has agreed the meeting summaries may be made available.
As the summaries become final, distribution will be again through Written Reports.
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: December 29, 2016
RE: Summary of Authority December 15, 2016, Regular Board Meeting
The following is a summary of items discussed at the December 15, 2016, Authority Board Meeting:
Regional Water
Efficiency Plan
John McCaulley discussed a request to approve the drafting of a regional water
efficiency plan with the Eagle River Water & Sanitation District. He explained the
administrative and operational efficiencies that could be achieved with a regional
plan. He also noted staff would apply for a Colorado Water Conservation Board
(CWCB) grant for the plan’s formation and said the CWCB looks favorably on
regional plans.
Hotel Approved in
Avon
Secretary Sarah Smith Hymes said the town of Avon recently approved a
developer’s plan to place a hotel in the center of Avon, in what is currently the
parking lot for Bob’s Place and the Avon Annex.
Lead and Copper
Sampling
Linn Brooks summarized the Authority’s required testing in customer homes for lead
and copper and said the 2016 results remained low or non-detected, with individual
results reported to each sampling program participant. With the EPA’s increased
focus on lead, regulations are evolving, which led to some required language being
inadvertently omitted from the letters to customers. This could result in a violation.
Staff will remedy the customer notification and inform state regulators. Ms. Brooks
proposed, and the Board agreed, to increased public outreach about lead in
drinking water. The sampling frequency for lead and copper will increase from the
current once every three years to at least annually; Ms. Brooks informed the Board
that this increase may require an additional employee.
Gore Creek Hotline Diane Johnson informed the Board of the town of Vail’s newly established hotline,
970-476-GORE (4673), to anonymously report suspected spills or potential hazards
to Gore Creek. Such events can be reported 24/7 and will be received by the town’s
environmental sustainability office during business hours and directed to the Vail
Police department afterhours.
Mountain Star Tank
Ribbon Cutting
Diane Johnson said the Dec. 8 ribbon-cutting event to celebrate the completion of
Mountain Star Tank 5 was well attended and thanked involved Board, staff, and
community members.
Drought and Lakes
Powell and Mead
The Board discussed the most recent graph of Lake Mead, water levels in which
continue to decline, making additional drought years more difficult to weather. Staff
noted Lake Powell was last full in 1999, and this was largely why the 2003/2004
drought was successfully endured. Lake Powell’s level has increased slightly in
recent years due to above-average total water generated in its watershed. Current
conditions are concerning for a variety of reasons, especially as lower basin states,
including California, continue to use more water than their allocation of water per
the Colorado River Compact.
Traer Creek Update Jim Collins summarized recent developments with Traer Creek related to the 2015
tank failure. Per the court’s request, the Authority served all involved parties with a
Summary of Authority December 15, 2016, Regular Board Meeting
motion to join the proceedings. Jim noted the Authority’s issue continues to be the
two-year warranty, for which it believes Traer Creek is liable. Jim recommended
getting all parties together to effectively communicate the Authority’s position and
understand whether mediation efforts would be fruitful. The Board directed staff to
facilitate such a meeting.
Traer Creek Tank
Reconstruction
Jason Cowles noted a draft request for proposal was prepared by staff to solicit
engineers for a redesign of the tank, per the integrated project delivery resolution
approved by the board at its Nov. 17 meeting. He expects tank removal to
commence in spring/summer 2017.
Cordillera Metro
District Surcharge
Analysis
Jim Collins and Jason Cowles discussed communication with Cordillera regarding
its surcharge to its customers. Cordillera will continue to collect the charge, as the
area may need to purchase additional water rights in the future. Cordillera also
proposed some additional water system projects for which the surcharge funds
could be used. Mr. Porzak suggested staff prepare a presentation for the Board
regarding the history of the Cordillera development and its relationship with the
Authority.
Tap Fee Policy for
Public Use Facilities
Jim Collins discussed the Authority and District’s tap fee policy for public use
facilities. The Board reaffirmed the policy, which allows financing of tap fees for
public use facilities for up to ten years. Per the policy, the Authority and District will
not waive the fees, as such facilities have a measurable impact on the system and
both entities have a “growth pays for growth” philosophy. Staff also noted the fees
are based on square footage; thus, smaller units pay lower fees.
Eagle River Meadows
Development
Glenn Porzak discussed the estimated water demand for the Eagle River Meadows
development. The development would have to augment 100% of diversions during
certain times of year. Glenn discussed the potential for a modified pumpback to free
up Eagle Park Reservoir water, effectively expanding the Authority’s unallocated in-
basin water supply, as well as possible cost and funding scenarios. The Board
authorized staff to facilitate a study on the pumpback.
Water Rights
Appraisals
Glenn Porzak discussed the most recent water rights appraisals for the Authority
and District of approximately $50 million and $49 million, respectively.
Colorado River
Compact
Glenn Porzak discussed the State Engineer’s recently submitted draft rules
regarding compliance with the Republican River Compact. He noted the draft rules
do not exclude pre-Compact water rights and do not administer post-Compact rights
according to the priority system. He suggested the Authority and District work with
the River District to oppose the rules, as they could set an adverse precedent for
future State Engineer rules governing the administration of the Colorado River
Compact.
Eagle River MOU
Projects
Glenn Porzak discussed a recent Colorado Supreme Court ruling, which will
prevent Aurora and Colorado Springs from expanding the use of existing
Homestake Reservoir transmountain diversions by storing those diversions in new
east slope storage facilities. He also noted this makes the Eagle River MOU
projects even more important to the East Slope stakeholders.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: January 10, 2017
Topic: The Mountain Pact Newsletter
OVERVIEW:
Mayor Pro Tem Sarah Smith Hymes has asked that the following newsletter be provided to Council.
The Mountain Pact is a nonprofit which brings mountain communities together to engage around
climate change policy and advocacy.
Big News for Mountain Communities:
President Obama Signs the Outdoor REC Act
Today President Obama signed the Outdoor Recreation Jobs and Economic Impact Act ('Outdoor
REC Act), just weeks after the House and Senate passed it with unanimous, bipartisan support.
The Outdoor REC Act directs the Department of Commerce (via the Bureau of Economic
Analysis) to coordinate with the Department of Agriculture and the Department of the Interior
to measure the outdoor recreation economy's contribution to the overall U.S. economy (i.e.
Gross Domestic Product).
The U.S. government measures the role of other sectors - like the arts, oil and gas, and
manufacturing - but prior to the Outdoor REC Act, it did not include outdoor recreation as a
part of Gross Domestic Product reports. The outdoor economy has been estimated to
contribute $646 billion to the US economy with 6.1 million direct Americans jobs - almost
equal to pharmaceuticals and motor vehicles and parts combined.
This is a fortunate turn of events for our mountain communities, whose economies are
inextricably linked to outdoor recreation and tourism. The Outdoor REC Act is an important first
step toward better understanding and accounting for this powerful and growing economic
sector.
Once the federal government fully recognizes and records the economic benefits of outdoor
recreation, communities dependent on outdoor recreation and surrounded by public lands will
gain significant leverage in urging the government to invest in the maintenance of the land and
water resources on which the outdoor industry relies.
This is especially important given the great challenges
we face in the work of mitigating environmental
degradation from climate change and irresponsible
development, and given the ongoing challenge of
securing adequate public investment to provide
sustainable, high-quality outdoor recreation
infrastructure that enables access without
compromising the landscape.
This shift will unlock new opportunities for both environmental conservation and economic
growth in the Intermountain West.
The Mountain Pact is launching an effort to thank Congress and President Obama for
their leadership on this issue. We'll be reaching out to you in the coming week with
more information and opportunities to engage - stay tuned!
www.themountainpact.org |
info@themountainpact.org