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TC Council Packet 02-26-2008TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Avon Council Meeting.08.02.26 Page 2 of 3 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY INPUT a. Citizen and Public Input b. Avon Police Department - Introduction of New Police Officers & Awards of Commendation (Brian Kozak, Police Chief) 5. RECREATION CENTER SPECIAL EVENTS UPDATE – AVON’S BIG AIR SHOOTOUT, WHITEWATER PARK, (Danita Chirichillo, Special Events & Fitness Supervisor, and Joe Blair, Untraditional Marketing) 6. ORDINANCES a. Public Hearing on Ordinance No. 08-02, Series of 2008, Second Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special Districts (Randy Funk, Sherman & Howard) The proposed Ordinance would amend Chapter 18.01 to state that any special district that includes residential property may not impose a mill levy greater than 50 mills and that any special district that does not include residential property may not impose a mill levy greater than 50 mills without demonstrating to the satisfaction of the Council that a greater mill levy is required b. Public Hearing on Ordinance No. 08-03, Series of 2008, Second Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto (Randy Funk, Sherman & Howard) 7. RESOLUTIONS 8. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 9. NEW BUSINESS 10. UNFINISHED / OLD BUSINESS 11. OTHER BUSINESS 12. TOWN MANAGER REPORT TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Avon Council Meeting.08.02.26 Page 3 of 3 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA ITEMS: March 11, 2008: Historic Preservation Ordinance, URA: Lake Street Construction Award, East Avon District Plan Review, Recreation Center Remodel Design & Cost Estimates March 25, 2008: Town of Avon, Village at Avon and Eagle County School District Land Negotiations, Public Works Complex Design Award 15. CONSENT AGENDA a. Minutes from February 12, 2008 b. Account Services Agreement with Untraditional Marketing, Inc. for Avon’s Big Air Shootout Whitewater Park Event (Meryl Jacobs, Recreation Director) c. Community Survey Contract Agreement with Venturoni Research Services (Becky Lawlor, Community Relations Officer) d. The Westin Riverfront Resort and Spa Title Sponsorship Agreement (Meryl Jacobs, Recreation Director) Agreement between The Westin Riverfront Resort and Spa and The Town of Avon to be the title sponsor for the 2008 Salute to USA e. Beaver Creek Resort Company Agreement (Meryl Jacobs, Recreation Director) Agreement with Town of Avon to be a corporate sponsor for the 2008 Salute to the USA f. Western Enterprises Sponsorship Agreement (Meryl Jacobs, Recreation Director) Town of Avon agreement with Western Enterprises to be an associate sponsor for the 2008 Salute to the USA 16. ADJOURNMENT Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date: February 13, 2008 Re: Introduction of new police employees and awards presentation Summary: Chief Brian Kozak will introduce the new police employees to the Town Council and the community. Awards will also be presented to several citizens and police officers. New Employees: The following employees have recently been hired by the Avon Police Department or have recently been promoted: Sergeant Jonathan Lovins — Sgt. Lovins has been with the Avon Police Department since 2002 and was recently promoted to the rank of sergeant after passing an extensive promotional testing process. He is a member of the SWAT team and the Department's Counter Terrorism and Robbery Prevention instructor. He graduated from the Illinois State University with a BS in Park Administration. Sergeant Robert Sheehan — Sgt. Sheehan was a member of the Mesa, AZ Police Department since 2001, where he was a field training officer and a Counter Terrorism Officer. He graduated from the Western Illinois University with a BS in Law Enforcement. He was recently hired as a sergeant with the Avon Police Department after passing an extensive promotional testing process. Officer Steven Huberty — Officer Huberty recently retired from the Buffalo, MN Police Department after 21 years of service. He served their department as a patrol officer, detective and sergeant. He graduated from the Concordia University in St. Paul, MN with a BA in Criminal Justice. He is a certified instructor in use of force, firearms and defensive tactics. Officer Elizabeth Hudson — Officer Hudson recently retired after 29 years of service with the Aurora Police Department. She served as a patrol officer, CSI and detective investigating robbery, homicide, fraud and sex offenses. She is a past vice-president of the Colorado Woman in Criminal Justice Association and a member of the International Association of Police Women. She holds a BA in Education from the Metropolitan State College of Denver. TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Avon Council Meeting.08.02.26 Page 2 of 3 PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD TOWN STAFF TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY INPUT a. Citizen and Public Input b. Avon Police Department - Introduction of New Police Officers & Awards of Commendation (Brian Kozak, Police Chief) 5. RECREATION CENTER SPECIAL EVENTS UPDATE – AVON’S BIG AIR SHOOTOUT, WHITEWATER PARK, (Danita Chirichillo, Special Events & Fitness Supervisor, and Joe Blair, Untraditional Marketing) 6. ORDINANCES a. Public Hearing on Ordinance No. 08-02, Series of 2008, Second Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special Districts (Randy Funk, Sherman & Howard) The proposed Ordinance would amend Chapter 18.01 to state that any special district that includes residential property may not impose a mill levy greater than 50 mills and that any special district that does not include residential property may not impose a mill levy greater than 50 mills without demonstrating to the satisfaction of the Council that a greater mill levy is required b. Public Hearing on Ordinance No. 08-03, Series of 2008, Second Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto (Randy Funk, Sherman & Howard) 7. RESOLUTIONS 8. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 9. NEW BUSINESS 10. UNFINISHED / OLD BUSINESS 11. OTHER BUSINESS 12. TOWN MANAGER REPORT TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008 MEETING BEGINS AT 5:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD Avon Council Meeting.08.02.26 Page 3 of 3 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA ITEMS: March 11, 2008: Historic Preservation Ordinance, URA: Lake Street Construction Award, East Avon District Plan Review, Recreation Center Remodel Design & Cost Estimates March 25, 2008: Town of Avon, Village at Avon and Eagle County School District Land Negotiations, Public Works Complex Design Award 15. CONSENT AGENDA a. Minutes from February 12, 2008 b. Account Services Agreement with Untraditional Marketing, Inc. for Avon’s Big Air Shootout Whitewater Park Event (Meryl Jacobs, Recreation Director) c. Community Survey Contract Agreement with Venturoni Research Services (Becky Lawlor, Community Relations Officer) d. The Westin Riverfront Resort and Spa Title Sponsorship Agreement (Meryl Jacobs, Recreation Director) Agreement between The Westin Riverfront Resort and Spa and The Town of Avon to be the title sponsor for the 2008 Salute to USA e. Beaver Creek Resort Company Agreement (Meryl Jacobs, Recreation Director) Agreement with Town of Avon to be a corporate sponsor for the 2008 Salute to the USA f. Western Enterprises Sponsorship Agreement (Meryl Jacobs, Recreation Director) Town of Avon agreement with Western Enterprises to be an associate sponsor for the 2008 Salute to the USA 16. ADJOURNMENT Officer Phillip Florio — Graduated from the Pueblo Law Enforcement Academy in December of 2007. He holds a BS in Criminal Justice from the Colorado Technical University. Phillip received an honorable discharge after serving six years as a scout in the United States Army. These employees have over 62 combined years of law enforcement experience and over 24 years of undergraduate education. Awards: The following citizens and officers are to be recognized for dedicated service: Omar Loya — Mr. Loya is the manager of the Philipp's 66 Gas Station and has reported over 68 crimes to the Avon Police Department. His reports have resulted in the arrest of over 16 individuals for driving under the influence of alcohol, and his actions have most likely prevented death and injury. He is a highly respected member of our community and a valuable asset to the Avon Police Department. Harald Mikkelson — On February 6, 2008 Mr. Mikkelson observed a woman crawling in the snow. He stopped to assist her and summoned emergency medical treatment. The woman was in the later stages of hyperthermia with a dangerously low body temperature. Medical staff relayed that his quick response resulted in her life being saved. Officer Ramirez — Elaine Turnbull of the Victim Impact Pannel for Eagle County will present Officer Yvonne Ramirez an award for being the top officer during the 2007 Gore Range DUI Task Force. The task force is comprised of members from each of the law enforcement agencies in Eagle County. Town Manager Comments: • Page 2 102 MEMORANDUM TO: Town Council FROM: Dee P. Wisor RE: Amending Ordinance Relating to Establishment of Special Districts DATE: January 31, 2008 In Ordinance No. 07-11, adopted last November, the Council added a Chapter 18.01 to the Avon Municipal Code that set forth policies regarding the establishment of special districts formed pursuant to Title 32, Article 1 of the Colorado Revised Statutes. That chapter currently does not contain an express limit on the mill levies of special districts, but instead refers to the maximum mill levy set forth in the Model Service Plan. The proposed Ordinance No. 08-02 would amend Chapter 18.01 to state that any special district that includes residential property may not impose a mill levy greater than 50 mills and that any special district that does not include residential property may not impose a mill levy greater than 50 mills without demonstrating to the satisfaction of the Council that a greater mill levy is required. Conclusion. Staff recommends that the ordinance be adopted to effect the change discussed above. /7n,via w,•LL htxc �J J�60Alc/�&R.chi./ 001024000\PUBFIN\732747.4 TOWN OF AVON, COLORAOD ORDINANCE NO. 08-02 SERIES OF 2008 AN ORDINANCE AMENDING PROVISIONS OF THE AVON MUNICIPAL CODE RELATING TO SPECIAL DISTRICTS WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly organized and existing as a home rule municipality under Article XX of the Colorado Constitution and laws of the State of Colorado (the "State") and the Town's Home Rule Charter; and WHEREAS, pursuant to Ordinance No. 07-11, the Town Council of the Town (the "Council") added a Chapter 18.01 to the Avon Municipal Code ("Chapter 18.01"), which set forth policies regarding the establishment of special districts formed pursuant to Title 32, Article 1 of the Colorado Revised Statutes; and WHEREAS, Chapter 18.01 does not contain an express maximum mill levy that may be imposed by such districts and does not distinguish between the maximum mill levy that may be imposed upon property to be used for residential purposes and property to be used for non-residential purposes; and WHEREAS, the Council wishes to amend Chapter 18.01 to provide a maximum mill levy for such districts and to distinguish between the maximum mill levy that may be imposed upon property to be used for residential purposes and property to be used for non-residential purposes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 18.01.05(b)(2) of the Avon Municipal Code is hereby amended to provide as follows (2) The mill levy assessed by the District on real or personal property within the District shall be in an amount sufficient to satisfy only debt service and operations of the District. In the case of a District which includes property which is being or is planned to be used for residential purposes, the maximum mill levy shall not exceed fifty (50) mills and in the case of a District which does not include property which is being or is planned to be used for residential purposes, the maximum mill levy shall not exceed fifty (50) mills unless the applicant demonstrates to the satisfaction of the Town Council that a mill levy cap in excess of fifty (50) mills is required. The mill levy cap may be adjusted by the District to take into account legislative or constitutionally imposed adjustments in assessed values or the method of their calculation, so that to the extent possible, the actual revenues generated by the maximum mill levy are neither diminished nor enhanced as a result of such changes. Among other adjustments, a change in the ratio of actual valuation of assessable property shall be deemed a change in the method of calculating assessed valuation. The mill levy PUBFIN\774640.2 will terminate when the bonds are no longer outstanding with the exception of a mill levy sufficient for operations. The District shall not impose a Debt service mill levy for more than forty (40) years after the year of the initial imposition of such Debt service mill levy unless: (1) a majority of the board of directors of the District imposing the mill levy are residents of such District, and (2) such Board has voted in favor of issuing Debt with a term which requires or contemplates the imposition of a Debt service mill levy for a longer period of time than the limitation contained herein. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 12th day of February, 2008. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED the 26th day of February, 2008. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney PUBFIN\774640.2 2 Sherman & Howard L.L.c. ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTH STREET, SUITE 3000 DENVER, COLORADO 80202 TELEPHONE: (303)297-2900 FAX (303)298-0940 OFFICES IN: COLORADO SPRINGS PHOENIX • RENO LAS VEGAS MEMORANDUM To: Avon Town Council From: Randy D. Funky Date: February 6, 2008 Re: Ordinance Calling Special Election on Charter Amendment Section 18.01 of the Avon Town Charter states that the Town may not sell or dispose of municipally -owned buildings or real property in use for public purposes without approval from the Town's voters at an election. Current development plans call for the Town to exchange property it currently owns for other property currently owned by private parties. This type of exchange can assist economic development within the Town and provide the Town with property that is more suited to its needs. However, the current charter provision would require each such exchange or any similar transaction to be approved at an election, which can be expensive and time-consuming. The proposed ordinance would submit an election question to the Town's electors asking them to amend the Town Charter so that an election is no longer required for Town land transactions. Instead, the Council would be authorized to sell, exchange, lease or dispose of Town property interests so long as it holds a public hearing on the transaction and finds that: (1) the transaction will be consistent with the stated planning objectives of the Town; (2) the Town will receive property or other payment with an appraised value equal to or greater than the property or other payment it gives as part of the transaction; and (3) the transaction will provide a long-term economic, cultural or social community benefit for the Town. This new provision will retain significant public input in Town land transactions while making the process more flexible than the full election requirement. Conclusion Staff recommends that the ordinance be adopted to submit the Charter amendment to the Town electors. 001024000\PUB FIN\774721.2 i TOWN OF AVON ORDINANCE NO. 08-03 SERIES OF 2008 AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY MAY 6, 2008, TO SUBMIT A BALLOT QUESTION CONCERNING THE APPROVAL OF AN AMENDMENT TO THE HOME RULE CHARTER OF THE TOWN OF AVON; APPROVING THE FORM OF THE BALLOT TITLE; AND PROVIDING FOR OTHER MATTERS RELATED THERETO. WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly organized and existing as a home rule municipality under Article XX of the Colorado Constitution ("Article XX") and laws of the State of Colorado (the "State") and the Town's Home Rule Charter (the "Charter"); and WHEREAS, Section 18.6 of the Charter provides that the Charter may be amended at any time in the manner provided by statute; and WHEREAS, Section 9(3) of Article XX provides that the provisions of Article XX, as they relate to procedures for the amendment of existing home rule charters, may be superseded by statute; and WHEREAS, the Municipal Home Rule Act of 1971 (the "Home Rule Act"), codified at Title 31, Article 2, Part 2 of the Colorado Revised Statutes ("C.R.S.") expressly supersede the requirements of Article XX as they relate to procedures for the amendment of existing home rule charters; and WHEREAS, Section 31-2-210(1)(b) of the Home Rule Act provides that the Council may, by ordinance, submit a proposed amendment to the Charter to a vote of the registered electors of the Town; and WHEREAS, Section 31-2-210(1)(b) of the Home Rule Act further provides that such ordinance shall also adopt a ballot title for the proposed amendment; and WHEREAS, Section 3.1 of the Charter and Section 31-2-211(1) of the Home Rule Act call for a Town election on a proposed amendment to the Charter to be conducted pursuant to the Colorado Municipal Election Code of 1965 (the "Election Code"), codified at Title 31, Article 10, C.R.S.; and WHEREAS, Section 31-10-108 of the Election Code provides that the Town may call a special election on any Tuesday designated by ordinance or resolution of the Council; and WHEREAS, the Council has determined that the interests of the Town and its residents will be best served by giving the Council greater flexibility to enter into property transactions that the Council determines, following a public hearing, will be consistent with the stated planning objectives of the Town, will provide the Town with consideration with a value that is substantially equal to or greater than the value of the consideration the Town will convey, and will provide a long-term economic, cultural or social community benefit for the Town, as described in the proposed amendment to Section 18.3 of the Charter (the "Proposed Amendment"), which is attached hereto as Exhibit A; and WHEREAS, the Council has determined that the interests of the Town and its residents requires a special election to be held on Tuesday, May 6, 2008, to submit the Proposed Amendment to the registered electors of the Town in accordance with Article XX, the Home Rule Act and the Election Code; and WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the special municipal election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Council hereby calls for a special election (the "Election") to be held within the Town on Tuesday, May 6, 2008, at which the Proposed Amendment shall be submitted to the registered electors of the Town. The Town shall utilize the requirements and procedures of the Election Code with respect to the Election. Section 2. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town and the officers thereof, directed towards the Election and the objects and purposes herein stated is hereby ratified, approved and confirmed. Section 3. Unless otherwise defined herein, all capitalized terms shall have the meanings defined in Article XX, the Home Rule Act, or the Election Code. Section 4. The Council hereby designates the Town Clerk to act as the designated election official with respect to the Election and the Town Clerk is hereby authorized and directed to proceed with any action necessary or appropriate to effectuate the provisions of this Ordinance and of Article XX, the Home Rule Act, the Election Code, or other applicable laws. Without limiting the generality of the foregoing, the designated election official shall appoint election judges as necessary, appoint the canvass board, arrange for the giving of any required notices of Election, arrange for printing of ballots, and direct that all other appropriate actions be accomplished. Section 5. The ballot title for the ballot question to be submitted to the registered electors of the Town at the special municipal election shall be in substantially the following form: Question 2A: Authorizing an Amendment to the Avon Town Charter regarding Town property transactions. Shall Section 18.3 of the Charter of the Town of Avon be amended to provide as follows: 3 Section 18.3 Municipally -Owned Real Property (a) The Town may sell, exchange, lease or dispose of any interest in real property or buildings of the Town to or with any person, firm or corporation, or other public or private entity. Any such sale, exchange, lease or disposition shall be approved by ordinance after a public hearing thereon. (b) Any ordinance adopted pursuant to subsection (a) of this Section shall contain findings by the Council that: 1. the transaction will be consistent with the stated planning objectives of the Town; 2. the appraised value of the interest in real property or buildings or the value of other consideration to be received by the Town is substantially equal to or greater than the appraised value of the interest in real property or buildings or the value of other consideration to be given by the Town; and 3. the transaction will provide a long-term economic, cultural or social community benefit for the Town. (c) Any legal or equitable action brought with respect to the transaction shall be commenced within 30 days after adoption of the ordinance. Section 6. Pursuant to Section 31-2-210(6) of the Home Rule Act, if a majority of the registered electors of the Town voting thereon vote for the Proposed Amendment, the Proposed Amendment shall be deemed approved and incorporated into the Charter. If so approved, the Town Clerk shall file a certified copy of the Charter, as amended, with the Colorado Secretary of State and shall record a certified copy of the Charter within the official records of the Town within twenty days of the approval of the Proposed Amendment. Section 7. Pursuant to Section 31-10-1308 of the Election Code, any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set or within five days after the ballot order is set. Pursuant to Section 31-2-218 of the Home Rule Act, no proceeding contesting the adoption of the Proposed Amendment shall be brought unless commenced within forty-five days after the Election. Section 8. In addition to any notices required by the Election Code, the Town Clerk shall, within thirty days of the date of adoption of this Ordinance, publish notice of the Election, which notice shall contain the full text of the Proposed Amendment in accordance with Section 31-2-210(4) of the Home Rule Act. Section 9. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this Ordinance. Section 10. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. Section 11. Pursuant to Section 6.4 of the Charter, this Ordinance shall take effect seven days after public notice following final passage. [The remainder of this page is left intentionally blank] 4 V INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL at a regular meeting of the Town Council of the Town of Avon, Colorado, on February 12, 2008. TOWN OF AVON, COLORADO (SEAL) Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED AND ORDERED PUBLISHED BY TITLE ONLY at a regular meeting of the Town Council of the Town of Avon, Colorado, on February 26, 2008. TOWN OF AVON, COLORADO (SEAL) Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 5 6 Exhibit A Proposed Amendment Section 18.3 of the Charter, which currently reads as follows: Section 18.3 Restrictions on Sale of Municipally -Owned Real Property. 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. would be replaced in its entirety by the following: Section 18.3 Municipally -Owned Real Property (a) The Town may sell, exchange, lease or dispose of any interest in real property or buildings of the Town to or with any person, firm or corporation, or other public or private entity. Any such sale, exchange, lease or disposition shall be approved by ordinance after a public hearing thereon. (b) Any ordinance adopted pursuant to subsection (a) of this Section shall contain findings by the Council that: 1. the transaction will be consistent with the stated planning objectives of the Town; 2. the appraised value of the interest in real property or buildings or the value of other consideration to be received by the Town is substantially equal to or greater than the appraised value of the interest in real property or buildings or the value of other consideration to be given by the Town; and 3. the transaction will provide a long-term economic, cultural or social community benefit for the Town. (c) Any legal or equitable action brought with respect to the transaction shall be commenced within 30 days after adoption of the ordinance. A-1 STATE OF COLORADO COUNTY OF EAGLE TOWN OF AVON ) SS. I, Patty McKenny, the duly elected, qualified and acting Town Clerk of the Town of Avon, Colorado (the "Town") do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of an ordinance (the "Ordinance") concerning the submission of a proposed amendment to the charter of the Town (the "Charter") to the registered electors of the Town by the Town Council (the "Council"), duly adopted at a regular meeting of the Council held at the Town Municipal Building on February 26, 2008. 2. The Ordinance was introduced, read by title, and approved on first reading at an open, regular meeting of the Council on Tuesday, February 12, 2008 by an affirmative vote of the majority of the membership of the entire Council as follows: Name "Yes" "No" Absent Brian Sipes Richard Carroll Dave Dantas Kristi Ferraro Amy Phillips Tamra Nottingham Underwood Ronald C. Wolfe 3. The Ordinance was published in full on February , 2008, by posting in at least three public places within the Town in addition to posting at the office of the Town Clerk in accordance with Section 6.7 of the Charter. Such notice additionally set forth the day, hour and place set for a public hearing to be held by the Council on the Ordinance. 4. Following a public hearing thereon, the Ordinance was finally approved on second reading at an open, regular meeting of the Council on Tuesday, February 26, 2008, by an affirmative vote of the majority of the membership of the entire Council as follows: Name "Yes" "No" Absent Brian Sipes Richard Carroll Dave Dantas Kristi Ferraro Amy Phillips Tamra Nottingham Underwood Ronald C. Wolfe 5. After final passage, the Ordinance was published by title on February , 2008, by posting in at least three public places within the Town in addition to posting at the office of the Town Clerk in accordance with Section 6.7 of the Charter. 6. The Ordinance has been signed by the Mayor, sealed with the corporate seal of the Town, attested by me as Town Clerk, and duly recorded in the official records of the Town; and that the same remains of record in the official records of the Town. 7. Notices of the regular meetings of February 12, 2008, and February 26, 2008, in the forms attached hereto as Exhibit 1, were posted in a designated public place within the boundaries of the Town no less than twenty-four hours prior to such meetings. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town this day of , 2008. (SEAL) Town Clerk 2 EXHIBIT 1 (Attach Notices of Meetings) 001024000\PUBFIN\774670.3 f0 Sherman & Howard L.L.C. January 2008 GUIDANCE FOR COLORADO GOVERNMENTS IN COMPLYING WITH THE FAIR CAMPAIGN PRACTICES ACT In most situations, the use of government money or resources to influence an election in Colorado is against the law. The Fair Campaign Practices Act, Colorado Revised Statutes, Section 1-45-101, et seq. (the "FCPA") and Article XXVIII of the Colorado Constitution govern, among other things, the use of public moneys in a campaign involving the election of any person to any public office or involving any election question. The purpose of this memorandum is to help explain the types of conduct that are allowed and not allowed under the FCPA. This memorandum does not address every situation that might occur, but it covers many of the questions that arise most frequently. The FCPA's restrictions apply to any agency, department, board, division, bureau, commission, or council of the State of Colorado. The same restrictions also apply to any political subdivision of the State, including counties, cities, towns, school districts and special districts. Throughout this memorandum, the term "Government" includes all the governments covered by the FCPA. Prohibited Uses of Government Money and Resources The FCPA prohibits a Government from (1) making any contribution in a campaign involving the nomination, retention, or election of any person to any public office; and (2) expending any public moneys from any source to urge electors to vote for or against any state-wide ballot issue, local ballot issue, referred measure, or measure for the recall of any officer. See Section 1-45- 117(1)(a)(I). Therefore, in most cases, the employees and officials of a Government must not use any Government money or resources to support a candidate's campaign or to attempt to convince voters to vote for or against an election question, including questions that have been placed on the ballot by the Government itself. For example, after calling for a bond election, a special district may not use district money to pay for fliers and visual aids that support the bond issue. See Skruch v. Highlands Ranch Metropolitan Districts Nos. 3 and 4,107 P.3d 1140 (Colo. App. 2004). Likewise, a school district may not post information on its website advocating the passage of a bond issue that it has referred to voters. See Wimsatt v. Jefferson County Public Schools, District R-1, Agency Decision, Case No. OS 2004-018. It is important to note that a Government may violate this law without specifically asking voters to "vote for" or "vote against" an election question. See Skruch v. Highlands Ranch Metropolitan Districts Nos. 3 and 4, 107 P.3d 1140 (Colo. App. 2004). Any communication -1- 'I discussing an election subject to the FCPA that favors one position will violate the FCPA. See Brown v. City of Littleton, Agency Decision, Case No. OS 2006-023. Also, the FCPA restrictions do not apply only to the use of Government money, but also to other Government resources such as the use of copiers, vehicles, computers, facilities, telephones or newsletters. In addition, the FCPA restrictions apply to Government employees' time during work hours. Therefore, if a city creates a flier that improperly urges voters to vote for or against an election question, it violates the FCPA not only by using city money to pay for postage for the flier, but also by using city letterhead and the staff time of city employees to prepare the flier. Brown v. City of Littleton, Agency Decision, Case No. OS 2006-0023. Likewise, if a Government allows outside groups to use its facilities, it must treat groups that support all candidates or both sides of an election question equally in all significant respects, including facility scheduling and fees. Exceptions The FCPA's prohibition on the use of Government money and resources described above does not apply in all cases. Some exceptions to the rule are described below. 1. Time Period The FCPA only restricts the use of Government money and resources during a certain time period leading up to an election. The restrictions do not begin with respect to a state or local ballot issue until the issue has been submitted to have a ballot title fixed or has had a ballot title fixed, and do not begin with respect to a referred measure until the measure has been referred to the voters. Thus, a school district can spend district money on a flier speaking positively about a potential bond issue before it refers the actual bond question to the voters. See Coan v. Weld County School District Re -3J, Agency Decision, Case No. OS 1996-006. Likewise, a special district will not violate the FCPA by distributing materials encouraging citizens to support the construction and financing of a new recreation center if the district never actually submits a bond or tax question to the voters. See Serra v. Montrose Recreation District, Agency Decision, Case No. OS 2006-022. However, it is important to note that once an issue has been submitted to have a ballot title fixed or has had a title fixed or a referred measure has been referred to the voters, the FCPA restrictions apply to any expenditure of public money or resources. This includes making payments for materials or services provided before the Government took official action to submit the question. For this reason, several metropolitan districts violated the FCPA by paying for materials promoting their bond issues after the district boards had passed resolutions submitting the bond questions, even though the materials themselves had been distributed before the resolutions were passed. See Skruch v. Highlands Ranch Metropolitan Districts Nos. 1-5, Agency Decision, Case No. OS 2002-019, which was upheld by the Colorado Court of Appeals in Skruch v. Highlands Ranch Metropolitan Districts Nos. 3 and 4, 107 P.3d 1140 (Colo. App. 2004), 2. Factual Summary Section 1-45-117(1)(b)(I) of the FCPA permits a Government to use Government money and resources to discuss an election if the Government is providing "a factual summary, -2- which shall include arguments both for and against the proposal." The summary may not include a conclusion or opinion in favor of or against any particular issue, and a Government may only prepare a summary regarding an issue that will appear on the ballot within its jurisdiction. It is important to note that a communication can fail to qualify for this exception even if it is called a "factual summary" and has an "arguments for" and "arguments against" section. A permitted factual summary must not express any opinion on an issue and its description of both sides of the issue must be balanced and even-handed. However, if a summary is balanced and even- handed, it will qualify for the exception even if the arguments against the proposal are not the most persuasive arguments or do not reflect opponents' input. See Bruce v. City of Colorado Springs, Agency Decision, Case No. OS 2003-005. 3. Personal Opinions Section 1-45-117 (1)(b)(II) of the FCPA permits members of the governing body of a Government, such as a city council or board of directors, and other elected Government officials to publicly voice their personal opinion about an issue. The FCPA does not limit the right of public officials and employees to speak out on a matter before the voters. However, in expressing their personal opinions, officials and employees may not use Government money or resources. Government employees and officials may urge electors to vote in favor of or against any issue and may participate in political campaigns, however they must do so during their personal time, not during work hours. Likewise, Government employees and officials may spend money on materials that discuss elections covered by the FCPA, so long as that money is their personal money, and not Government money. For example, a city council member will not violate the FCPA by publishing a newsletter discussing a local ballot issue if she pays for the newsletter using her personal funds instead of using city funds. See Tyler v. Boigon, Agency Decision, Case No. OS 2007-001. Any Government employee or official who uses his or her personal time or money to participate in a campaign as described in this section should be sure to keep sufficient records to show that he or she did not use any Government time or money in the effort. 4. Answering Questions Section 1-45-117(1)(a)(II) of the FCPA allows a Government employees and officials to respond to questions about a ballot issue or referred measure, so long as the question was not solicited by the Government. 5. Fifty -Dollar Exception If a Government employee or official has policy -making responsibilities, then he or she may use not more than $50 of Government money in the form of letters, telephone calls or other activities related to expressing his or her opinion on a ballot question. Section 1-45-117(1)(a)(II). It is important to note that this exception only applies to ballot issues, not to contributions made to a candidate campaign. Therefore, a city mayor will violate the FCPA by spending only $2.35 on a letter supporting a candidate. Muller v. Burkholder, Agency Decision, Case No. OS 2002-012. In addition, the fifty -dollar exception is an individual exception only. So five members of a city council -3- t3 may not combine their $50 exceptions to jointly spend $250 of public moneys incidental to expressing their opinions on an issue. See Brown v. City of Littleton, Agency Decision, Case No. OS 2006-0023. 6. Resolutions. Section 1-45-117(1)(b)(III) of the FCPA authorizes the governing body of a Government to formally take a position with respect to an election question by passing a resolution urging citizens to vote for or against the question. Passage of such a resolution may be reported or distributed through the established, customary means that the Government uses to inform the public of its proceedings. For example, if a Government regularly sends out a newsletter, the passage of the resolution may be reported in the newsletter. However, extraordinary methods of distribution, such as paid advertising or a one-time newsletter for this specific purpose, may not be used. Enforcement Any person who believes that a violation of the FCPA has occurred may file a written complaint with the secretary of state no later than one hundred eighty days after the date of the alleged violation. The secretary of state is required to refer the complaint to an administrative law judge within 3 days of filing. If the judge determines that a violation has occurred, the judge may issue an order or sanction as authorized by the FCPA or Article XXVII of the Colorado Constitution. The judge's decision may be reviewed by the Colorado Court of Appeals. Penalties The original provision providing penalties for FCPA violations has been repealed; however judges continue to levy sanctions against those who violate the FCPA. Currently, there is no clear standard for determining the sanction that will be imposed. In one case, a judge concluded that it was appropriate to impose a penalty of double the amount spent by the Government, using guidance from Article XXVIII, Section 10 of the Colorado Constitution. See Tippett v. Town of Snowmass Village, Agency Decision, Case No. OS 2005-032. Another judge imposed a fine of $500 for a violation involving $157.85. The judge explained that even though the amount of Government money spent in the case was relatively insignificant, the violation of the FCPA was not. See Brown v. City of Littleton, Agency Decision, Case No. OS 2006-0023. Campaign Permitted Activities for Public Entities Appended to this Memorandum is a list of permissible activities for Governments, their officials and their employees based on recent decisions of ALJs. -4- 14- CAMPAIGN PERMITTED ACTIVITIES A. "Can Do's" 1. The Board may adopt a resolution taking a position of advocacy on a state- wide ballot issue that has been submitted to the secretary of state for having a title fixed, any local ballot issue that has been submitted to the legislative body of the municipality for having a title fixed, a referred measure, or a recall measure. This resolution may include a recitation of the facts and/or arguments in favor of the Board's position. As a resolution adopted by the Board, it is available for public inspection and becomes a part of the public minutes of the meeting. Distributing the resolution or reporting on its passage may be accomplished only through established, customary means. For example, if your Government regularly sends out a newsletter, the passage of the resolution may be reported in this newsletter. However, extraordinary methods of distribution or posting, such as paid advertising or distribution of a newsletter when such was not a prior practice, may not be used. 2. The Board may authorize the expenditure of public moneys and may make contributions to disseminate a "factual summary" on such issue, which must include arguments both for and against the proposal, on any issue of "official concern" before the electorate in the jurisdiction. The summary shall not contain a conclusion or opinion in favor of or against any particular issue. An issue of official concern shall be limited to issues that appear on an election ballot in the jurisdiction. 3. A Board member or Government employee may respond to questions about election issues during working time, so long as the Government has not solicited the question. The responses should not contain partial conclusions or otherwise tend to urge a favorable or unfavorable vote on the issue. Accordingly, employees should not volunteer opinions during work time speculating about the anticipated effects of passage or defeat of the ballot question. A recent AU opinion held that a Government employee could answer questions, posed at a public meeting where he was invited to speak, about how a proposed issue would affect his department so long as that employee did not expressly urge electors to vote one way or the other. 4. A Board member or Government employee with policy -making responsibilities may spend up to $50 of public moneys in the form of letters, telephone calls, or other activities incidental to expressing his or her opinion on the issue. 5. Elected officials may express a personal opinion on an election issue at any time and place (so long as the time and place does not indirectly constitute a contribution by the Government or a use of Government resources). 6. A Government employee may "endorse" an election issue on his or her personal time. A Board member or Government employee may expend personal funds, make contributions, or use personal time to urge electors to vote for or against an election issue. All employees should be asked to keep records substantiating that any time spent campaigning for the -5- 1 5 election issue was on personal or unpaid time, time outside of working hours, compensatory time, or vacation time. 7. The Board may allow interested groups, including proponents and opponents of candidates or of issues before the electorate, to rent space in its facilities as long as the opportunity is provided on an even-handed basis. The method of communicating the invitation, the access given, and the opportunity to disseminate information must be substantially the same for all interested groups. B. "Can't Do's" 1. Public funds, facilities, supplies, equipment or bulk mail permits may not be expended or used by the public entity to urge a vote in favor of or against the issue, even when the cost is reimbursed. 2. The Government may not allow others who are advocating a position on any issue before the electorate to use these resources. Nevertheless, groups that have organized to discuss or otherwise to promote or urge defeat of the election issue may be allowed to rent facilities pursuant to an adopted policy, but all such groups must be treated even-handedly and must be allowed similar access. Preferential treatment in scheduling and fees charged must not be given. 3. Employees or paid members of the Government cannot work on a campaign during working hours and may not use public facilities or equipment for a campaign. During work time, the information that members or employees dispense to the community must be limited to providing copies of the "factual summary" and to responding to unsolicited questions. Employees must restrict their "campaigning" to personal time. 4. The Government may not require employees or other staff members to work for an election issue (other than on the "factual summary"). 5. The Board may not contribute to other organizations and political committees that may be organized to raise any funds and make any expenses concerning advocacy of the election issue. 6. The Government should not accept cash or any other contributions from citizens for use by the government in connection with any election. 7. The Government must not release the addresses or telephone numbers of employees, or past or present users of public utilities, public facilities, or recreational or cultural services which are owned and operated by the state or a political subdivision thereof, regardless of whether the group seeking the information supports or opposes the election, unless the employee, user or person has given express consent to the release of such information for purposes of the election or as part of a directory that is otherwise available to the public. -6- 1( Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Becky Lawlor, Community Relations Officer Date: February 21, 2008 Re: Town of Avon Special Election Fact Sheet Summary: Attached is a fact sheet that was created by Town of Avon staff that may be distributed regarding the special municipal election on property transactions. This fact sheet was reviewed and approved by John Dunn, Town Attorney. Attachments: Exhibit A: Town of Avon Special Election Regarding Property Transactions Fact Sheet Town Manager Comments: Vote on Tuesday, May 6, 2008 Town of Avon Special Election Town of Avon Special Election Regarding Property Transactions On Tuesday, May 6, 2008, Town of Avon voters will be asked to vote on authorizing an Amendment to the Avon Town Charter regarding Town property transactions. The ballot question is below: Shall Section 18.3 of the Charter of the Town of Avon be amended to provide as follows: Section 18.3 Municipally -Owned Real Property (a) The Town may sell, exchange, lease or dispose of any interest in real property or buildings of the Town to or with any person, firm or corporation, or other public or private entity. Any such sale, exchange, lease or disposition shall be approved by ordinance after a public hearing thereon. (b) Any ordinance adopted pursuant to subsection (a) of this Section shall contain findings by the Council that: 1. the transaction will be consistent with the stated planning objectives of the Town; 2. the appraised value of the interest in real property or buildings or the value of other consideration to be received by the Town is substantially equal to or greater than the appraised value of the interest in real property or buildings or the value of other consideration to be given by the Town; and 3. the transaction will provide a long-term economic, cultural or social community benefit for the Town. (c) Any legal or equitable action brought with respect to the transaction shall be commenced within 30 days after adoption of the ordinance. By The Numbers: The Colorado Municipal League surveyed 97 municipalities in the State of Colorado on whether an election is required for sale of public property. Responses were received in one or more categories from 83 municipalities. The table below lists the number and percentage of Colorado municipalities that DO NOT require an election for specific property type categories. In all cases, as you will see below, the majority (50% or more) of municipalities surveyed do not require an election for conveyance of property. Category of Property Number Not Requiring Election Percentage of Municipalities Water/Utility Rights 77 93% Utilities Only 75 90% Municipal/Public Purpose 64 77% Park/Recreation Property 52 63% Any type of public property but may require Ordinance 57 69% Note: Some municipalities are counted in more than one category if they do not require an election for several categories. Percentages are based on 83 responding municipalities. MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD FEBRUARY 12, 2008 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 6 PM. A roll call was taken and Council members present were Rich Carroll, Kristi Ferraro, Amy Phillips, Brian Sipes and Tamra Nottingham Underwood. Dave Dantas was absent. Also present were Town Attorney John Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development Director Eric Heidemann, Public Works/Transportation Director Jenny Strehler, and Community Relations Officer Becky Lawlor as well as members of the press and public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe noted that the climate action plan was added to unfinished business since the topic was not fully discussed during the work session. Town Attorney John Dunn asked if there were any ex parte conversations related to the appeal by David Forenza; none were noted. COMMUNITY INPUT Bobby Bank, resident of Avon, commented on another piece of Village at Avon PUD correspondence he recently received. He noted that it was impossible for citizens to comment on this project with all the delays. He requested that the public have more input on this project. He again asked if and where the plan was for the project. ORDINANCES Dee Wisor, Sherman & Howard, presented Ordinance No. 08-02, Series of 2008, First, Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special Districts. He noted that the proposed Ordinance would amend Chapter 18.01 to state that any special district that includes residential property may not impose a mill levy greater than 50 mills and that any special district that does not include residential property may not impose a mill levy greater than 50 mills without demonstrating to the satisfaction of the Council that a greater mill levy is required. He addressed the fact that most developers prefer to see a "cap" as a form of protection. Councilor Phillips moved to approve Ordinance No. 08-02, Series of 2008, First, Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special Districts. Councilor Ferraro seconded the motion and it passed unanimously. Randy Funk, Sherman & Howard, presented Ordinance No. 08-03, Series of 2008, First Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto. He noted that the ordinance would submit an election question to the town's electors asking them to amend the charter so that an election is no longer required for town land transactions. Councilor comments were heard regarding the topic; Councilor Dantas thought the sale of land should be left to the decision of the voters; he supported the question be submitted to the voters however did not support the revision to the charter. Councilor's Ferraro and Phillips supported the effort in light of providing more opportunities to the town to create a more viable community. It was also noted that what is being presented is a prevailing matter in Colorado. Some comments were made about the town issuing a factual statement. Councilor Carroll moved to approve Ordinance No. 08-03, Series of 2008, First Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto. Councilor Ferraro seconded the motion and it passed with a five to one vote (Dantas nay). RESOLUTIONS Dee Wisor, Sherman and Howard, presented Resolution No. 08-06, Series of 2008, A Resolution Concerning The Avon Urban Renewal Authority And Its Tax Increment Adjustable Rate Revenue Bonds (Town Center West Area Urban Renewal Project), Series 2008; Authorizing And Directing Actions By The Town Manager With Respect To The Preparation Of Requests To The Town Council For Appropriation Of Funds For The Replenishment Of Certain Funds Pertaining Thereto; Authorizing The 2008 Cooperation Agreement And Reimbursement Agreement; And Other Actions Taken By The Town In Connection Therewith. He noted that this resolution, if approved, authorizes the Town entering into (i) the Amended and Restated Cooperation Agreement between the Town and the Authority, and (ii) authorizes the Town executing and delivering the Reimbursement Agreement between the Town, the Authority and DEPFA Bank, who is providing the letter of credit for the Bonds. This Replenishment Resolution also expresses the Town's non -binding intent to replenish the bond reserve fund if the Authority ever needs to use the reserve fund to pay for the bonds. The Town's obligations under the Replenishment Resolution are subject to annual appropriation. Some discussions ensued on the moral obligation required on the financing. Councilor Underwood moved to approve Resolution No. 08-06, Series of 2008, A Resolution Concerning The Avon Urban Renewal Authority And Its Tax Increment Adjustable Rate Revenue Bonds (Town Center West Area Urban Renewal Project), Series 2008; Authorizing And Directing Actions By The Town Manager With Respect To The Preparation Of Requests To The Town Council For Appropriation Of Funds For The Replenishment Of Certain Funds Pertaining Thereto; Authorizing The 2008 Cooperation Agreement And Reimbursement Agreement; And Other Actions Taken By The Town In Connection Therewith. Councilor Dantas seconded the motion and it passed unanimously. NEW BUSINESS Don Cohen, Eagle County Economic Council, presented the Housing Action Team / Economic Council of Eagle County Request for Funding of 2008 Work Plan He spoke about the details of the 2008 work plan and noted that the formula calculated Avon's funding portion at $8200. Discussion ensued about the groups involved as being directed by two different boards; there has been some discussion about dissolving the economic council board. If approved, the funds would need to be appropriated through a budget amendment. It was noted that there has been support of the HAT by the public sectors of Eagle County. Council supported funding the work plan for 2008. Jenny Strehler, Public Works and Transportation Director, introduced the appeal by David Forenza to the Avon Town Council related to the Revocation of Right -of -Way Use Permit No. 07-41. She made a review of the ongoing incident with David Forenza related to the violation and revocation of the right of way permit / Lot 69, Block 4, 5351 Ferret Lane. She explained the purpose of the documents included in the packet and spoke about the meetings held with him to explain the conditions of the permit. It was noted that the permit was no longer valid. After a review of the timeline, Mr. Forenza addressed the Council. David Forenza, 2019 Beaver Creek Point, noted that he was new to the construction process. He read a statement that he was Regular Council Meeting Page 2 of 4 08-02-12 unjustly served the revocation of the right of way permit and explained his perspective of the matter. Larry Brooks, Town Manager, and Eric Heidemann, Assistant Town Manager both addressed the items related to the situation. Mr. Brooks added that the town has not and will not retaliate in response to Mr. Forenza's claim that he wasn't sure he wanted to attend the meeting in fear of retaliation. Council commented on the appeal with Councilor Sipes' upholding the position of staff. The Town Council was unanimous in its support of upholding the $500 fine to Mr. Forenza as well as supporting the premise of the fine. UNFINISHED / OLD BUSINESS Matt Gennett, Planning Manager, presented a Resolution to amend the 2006 Town of Avon's Comprehensive Plan, to establish Attainable Housing Policies. The proposal was to amend the Housing (F) topic area which adds detail to the provision of attainable housing unit amounts and types. The additional detail includes references to calculation for Residential and Commercial linkage tied to new development. A review of the amendment procedures was explained and staff requested that council remand the resolution to the planning and zoning commission to review. Some council suggestions were made to the policies. Jenny Strehler, Public Works and Transportation Director, led further discussion about what actions the council would support related to reducing the town's carbon footprint in the Climate Action Plan. There was support to reach goals as related to the recreation center. It was suggested 2009 budget cycle be used as the venue to receive formal recommendations from staff, especially those which have funding implications. TOWN ATTORNEY REPORT John Dunn noted that a draft plan for the exclusion of Eaglebend residents from Eagle Vail Metro District will be on the agenda in the near future. CONSENT AGENDA Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to adopt the consent agenda that included the minutes of January 22, 2008; Councilor Underwood seconded and the motion passed unanimously. There being no further business to come before the Council, the meeting was adjourned at 8:30 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 3 of 3 08-02-12 MEMORANDUM To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Danita Chirichillo — Special Events Supervisor Meryl Jacobs — Director of Recreation and Cultural Services February 21, 2008 White Water Park Marketing Campaign k Summary: The Recreation staff has developed a marketing/promotional campaign to grow the awareness of our newest amenity. This campaign includes the following: 1. Half -page full color ad in Canoe & Kayak Magazine "Whitewater" edition on sale March 20, 2008. National distribution of 78,000. 2. Internet advertising on eddyflower.com with placement of a banner ad at the top of the River Guide search results page and My Favorites page February 1 — September 1, 2008. This banner ad links through to the White Water Park information on the Recreation Center web site. 3. Internet advertising on eddyflower.com with placement of a banner ad at the top of the Boat Guide search results page and Classifieds page September 1 — January 1, 2009. This banner ad links through to the White Water Park information on the Recreation Center web site. 4. Town of Avon logo on eddyflower.com with adjacent white water park and contact information. 5. Working with Alpine Quest Sports to bring professional kayakers into the Avon Park to offer free clinics for five/six weeks. 6. Working with First Descents to develop fundraising mechanism utilizing the White Water Park. 7. Light -pole banners along Avon Road at Bob the Bridge. 8. Advertising pages purchased in Colorado Mountain Express and Vail Valley 365 the Official Visitors Guide. All of the above items are included in the 2008 Special Events budget. Discussion: "Avon's Big Air Shootout" is an additional opportunity, which the Recreation staff would like to recommend to council. Untraditional Marketing will formulate and facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built to get people excited about the park while allowing them to compete for cash. Kayakers will go to the park during the competition and take video of the tricks they are performing. They will then upload the video on a web page hosted by the Vail Daily. Videos will be accessible to anyone who has a computer. At the end of the competition, the winning videos will be chosen by a jury and awarded cash prizes. "Avon's Big Air Shootout" is proposed to take place May 15 through July 15, 2008. This extended time line allows participants to enjoy each feature at its best! The Recreation staff believes this type of exposure will generate valley wide interest without the operational impacts of a typical event i.e., set-up, tear -down, staffing, etc. Financial Implications: The elements of the promotional campaign listed in the Summary are accounted for in the 2008 Special Events budget. The Avon Big Air Shootout would require a budget revision in the amount of $6,000. Town Manager Comments: r • Ica a - Attachments: A. White Water Park ad placed in Canoe & Kayak Magazine B. Untraditional Marketing contract for "Avon's Big Air Shootout" A intraditional marketing This Account Services Agreement (this "Agreement") is made and entered into as of February 15th, 2008 (the "Effective Date") by and between the Town of Avon ("TOA"), having an address at PO Box 975, Avon, CO, 81620 and Untraditional Marketing, Inc. ("UM"), having an address at PO Box 1430, Vail, CO 81658. TOA and UM may be referred to individually as a "Party" or collectively as the "Parties." RECITALS: A. TOA wishes to retain the services of UM subject to the terms and conditions set forth within this Agreement, in connection with the following business aspects surrounding the planning, promotion, launch and management of the "Avon Big Air Shootout" ("ABAS"). The program will include all aspects mentioned below and in Exhibit A (attached). AGREEMENT: A. Term. TOA hereby engages UM to provide the services described in Exhibit A commencing on the effective date above, and ending on July 15th, 2008. B. Services. During the Term of this Agreement, UM will provide the services and deliverables described below and in Exhibit A. Contract Deliverables • All efforts to announce, set criteria and judging, publicize, concept, manage, and successfully implement the program listed on Exhibit A to encourage increased kayaker participation in the Avon Whitewater Park. Account Supervision • Day to day management and operation planning and marketing of ABAS. • Interact with TOA staff, as needed providing detailed TOA follow-up reports of all meetings and tasks related to this project. • Meetings or conversations with TOA representative(s) to include planning sessions, project updates and budget discussions. ABAS Plan Development and Budget Supervision • Research, develop and implement the strategic ABAS marketing plan. • Maintain project projected cost estimates built by TOA and UM. ABAS Event Planning and Representation • Management and representation as an agent of TOA for the duration of the program. • Soliciting/managing any experts needed to facilitate a successful program. PO Boxy 1430, Vaill,,, CO 81658 970.477.0111 www.untraditional.com Rail �,... ; �r6 7 j. 4 •,.w Lntraditional marketing C. Client Responsibilities. During the Term of this Agreement, TOA will be responsible for the project elements described below. Public Relations ("PR") • TOA will facilitate the PR for the ABAS and work strategically with UM to align with the marketing plan. Liaison • TOA will involve UM as part of the larger TOA team and keep them aware of all efforts being used for the ABAS and promoting the Avon whitewater park. Insurance • TOA will provide a General Liability policy to cover the ABAS program as determined necessary by the TOA Town attorney. • The General Liability policy will name UM as an additional insured on the policy. • UM will provide proof of a General Liability policy in an amount determined necessary by the TOA Town attorney. D. Compensation. TOA will pay UM management fees for this project totaling $6,000. This fee will be paid to UM on or before May 1St, 2008. ❖ UM will pay for all materials, advertising and awards needed for the ABAS. UM will keep a record of all expenses and present them to the TOA following the conclusion of the program. All expenses will be reimbursed to UM upon approval from TOA. ❖ TOA is responsible for all fees and expenses associated with all aspects of the ABAS. If for any reason ABAS discontinues, TOA will be responsible for all costs committed at the time of written notification. Additionally, UM entire fee is non-refundable. ❖ UM agrees to work within the available ABAS budget as detailed in Exhibit A for all aspects of this project. E. Event Cancellation. In the event of a drought year or any other circumstance requiring an anticipated cancellation of the event outside the ability of the TOA or UM to control, Staff members from TOA and UM will meet no later then May 1st to determine whether or not to cancel the event. If the event is canceled on or before this date, UM management fee will be $3,000. Any management fee paid to UM prior to this cancellation equaling more then $3,000 will be returned to TOA no later then May 30th, 2008. PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com tntraditional marketing F. Indemnification and Insurance. 1. Indemnification of UM. TOA to the extent permitted by law will indemnify and hold harmless UM, its shareholders, directors, officers and employees (collectively, "UM Parties"), from and against any loss, cost, damage, liability or expense incurred by any UM Parties ("UM Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the TOA Parties; provided that indemnification shall not be provided under this Section F. to the extent that UM Losses are attributable to the negligence or willful misconduct of any UM Parties. 2. Indemnification of TOA. UM will indemnify and hold harmless TOA, its directors, members, managers, officers, and employees ("TOA Parties") from and against any loss, cost, damage, liability or expense incurred by any TOA Parties ("TOA Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the UM Parties; provided that indemnification shall not be provided under this Section F to the extent that UM Losses are attributable to the negligence or willful misconduct of TOA Parties. G. Termination. Either Party may terminate the Term of Engagement at any time prior to its scheduled expiration immediately upon written notice to the other Party for (i) any Material Breach or (ii) Insolvency. For purposes of this Agreement, "Material Breach" means, with respect to either party, any willful misconduct or any willful breach of or failure to or refusal to perform such parties obligations hereunder that continues uncured for a period of ten (10) days following written notice thereof to the breaching party and the term "Insolvency" means, with respect to either party, (1) making a general assignment for the benefit of its creditors, (2) applying for or consenting to the appointment of a receiver, trustee, assignee, custodian, sequestrator, liquidator or similar official for itself or any of its assets and properties, (3) commencing a voluntary case for relief as a debtor under the United States Bankruptcy Code or any foreign laws for protection or relief of debtors, (4) filing with or otherwise submitting to any governmental authority any petition, answer or other document seeking (A) reorganization, (B) an arrangement with creditors or (C) to take advantage of any other present or future applicable law respecting bankruptcy, reorganization, insolvency, readjustment of debts, relief of debtors, dissolution or liquidation, or (5) being adjudicated a bankrupt or insolvent by a court of competent jurisdiction. H. Nature of Relationship. The parties acknowledge and agree that UM will be performing services under this Agreement as an independent contractor to TOA and nothing in this Agreement or in the relationship of TOA and UM shall be deemed to constitute a partnership, joint venture or any other relationship other than that of contract Parties hereunder. PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com 6 ; r t1 I , intraditional marketing I. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles, and any disputes shall be subject to binding arbitration in Eagle County, Colorado. The losing Party shall pay all attorneys fees and costs of the winning Party. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes any prior understandings, agreements or representations by or among them with respect to its subject matter. This Agreement may be amended only by a written instrument signed by both parties. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns. The descriptive headings of this Agreement are included for convenience and ease of reference do not constitute a part of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall for all purposes constitute one (1) agreement which is binding on all parties hereto. Neither Party may assign this Agreement without the express written consent of the other Party. We, as authorized representatives of UM and TOA, agree to uphold the terms and conditions of this agreement to the best of our abilities. Untraditional Marketing, Inc Town of Avon Signature: Signature: Name Printed: Name Printed: Date: Date: PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com www.untraditional.com intraditional marketing Exhibit A Avon's Big Air Shootout Untraditional Marketing will formulate and facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built to get people excited about the park while allowing them to compete for cash. Kayakers will go the park during the competition and take video of the tricks they are performing. They will then upload the video on a web page hosted by the Vail Daily. Videos will be accessible by anyone who has a computer. At the end of the competition, the winning videos will be chosen by a jury and awarded cash prizes. When: May 15th - July 15th Prize: $2,500 for men and women's the biggest trick performed Marketing: o Posters and flyers will be distributed in Eagle, Summit and Garfield County o Competition information will be posted on kayaking forum web pages. o The Vail Daily will be the presenting sponsor of the event and run a marketing campaign*. Untraditional Marketing responsibilities: o Produce rules and regulations for the competition. o Work with the Vail Daily* to ensure information on line is updated. o Design, produce and distribute posters and flyers. o Post and maintain forum postings. o Assemble jury for judging and announce winners. o Contact local radio stations for marketing opportunities. BUDGET & FEES o Advertising: • Vail Daily • Radio • Printing • Design o Awards: • Cash o Project Management: • Untraditional Marketing Total fee: * Pending Vail Daily agreement $0* One time fee $500 DJ mentions $150 Posters & flyers $200 Design posters & flyers $5,000 $2,500 for men & women $6,000 $11,850 PO Box 1430, Vail, CO 81658 970.477.0111 L t r Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Becky Lawlor, Community Relations Officer Date: February 21, 2008 Re: Community Survey Contract Summary: This memorandum is to present the Venturoni Surveys & Research Contract for a Community Survey for the Town of Avon. The contract is included as Exhibit A. Background: In 2007, Council and staff discussed the usefulness of a Community Survey to gauge residents and voters interest in a variety of topics as well as a method to assess current town services and what services residents and voters would like in the future. Discussion: The survey method selected will be a web -based survey that will target both registered Avon voters and second homeowners in Avon. A post card will be mailed to selected participants with a web address and IDN number to go online and fill out the survey. If the first mailing does not meet projected numbers, a second mailing will be sent to all those who have not yet responded. It will include the web address with -an IDN number as well as a paper version and return envelope. Looking at statistics from other municipalities in Summit, Eagle and Pitkin County that have used this method of surveying there has been a good response to the web -based survey with a follow-up of a mail -in survey. I also looked into survey methods for the Spanish-speaking population, but was told by several consultants and other municipalities that there is not a good response to surveys even if the survey is translated and mailed out and is typically not worth the cost. So at this time, we will not be surveying in Spanish. I will, however, continue to look into the possibility of setting up some kind of community meeting with bilingual town employees or other volunteers to get at least some input from Avon's Spanish-speaking population. The input received would not be included in the statistics derived from the survey, but would still prove useful to the town and would illustrate Avon's desire to include this portion of our population into the decision -making process. Once the survey has been collected, the data will be analyzed and compiled into a report. Linda Venturoni will present the findings to Town Council and a press release will be sent out to the general public. The Community Survey and its final report will be made available on the web to all interested parties. Venturoni Surveys & Research will also be conducting the survey on Avon's Park Master Plan. Not only was Venturoni's Community Survey proposal competitive with other proposals received, but I believe that it will be to the advantage of the town to have one consultant administer both surveys. Venturoni will be able to perform quality control on both surveys to reduce overlap in those surveyed since both of these surveys will be on a similar timeline. It is expected that results of the survey will be made available to Council by the end of July or early August. Financial Implications: The Community Survey contract includes services to design, implement, analyze and report on a Community Survey for the residents and voters in the Town of Avon. It is estimated that the Community Survey will not exceed $10,500. This amount has already been budgeted for in the Community Relations budget for 2008. Recommendation: Approve Venturoni Surveys & Research Contract for a Community Survey not to exceed $10,500. Proposed Motion: I move to approve the Venturoni Surveys & Research Contract for a Community Survey for a not to exceed amount of $10,500. Attachments: Exhibit A: Venturoni Surveys & Research Contract Town Manager Comments: • Page 2 Exhibit A: Venturoni Surveys & Research SURVEY SERVICES CONTRACT This agreement is made effective as of February 11, 2008 by and between Town of Avon and Venturoni Surveys & Research (VSR) The parties agree as follows: 1. AGREEMENT PERIOD. The term of this agreement shall commence February 11, 2008 and terminate by 12/31/08. 2. DESCRIPTION OF SERVICES. VSR shall conduct a Community Survey for the Town of Avon. The methodology, scope and deliverables of the Community Survey are described in more detail on Exhibit A, which is attached to this Agreement. 3. COST, COMPENSATION AND PAYMENT PROCEDURE. VSR's compensation for this project shall not exceed $10,500. A more detailed description of cost for the survey is provided on Exhibit A. The Town of Avon shall pay VSR half upon signing of the contract and half upon delivery of the final report, within 30 days of receipt of the invoice. 4. ASSIGNMENT. VSR's obligations under this agreement may not be assigned or transferred to any other person, firm, or corporation without prior written consent of the Town of Avon. 5. TERMINATION. This agreement shall be effective from February 11, 2008 through 12/31/08, unless either party provides 60 days written notice to the other party prior to the termination of the applicable term. The Town of Avon reserves the right to terminate the contract, upon 30 days written notice to contractor, for failure to perform services acceptable to the Town of Avon. 6. RELATIONSHIP OF PARTIES. The parties understand that VSR is an independent contractor with respect to the Town of Avon, and persons assigned by VSR to work on this project are not employees of the Town of Avon. 7. NOTICES. All notices required or permitted under this agreement shall be in writing and shall be deemed delivered in person or deposited in the U.S. mail, addressed as follows: If to the Town of Avon: If to VSR: Town of Avon PO Box 975 400 Benchmark Road Avon, CO 81620 Venturoni Surveys & Research 422 Idlewild Drive Avon, CO 80435 8. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral. This agreement supercedes any prior written or oral agreements between the parties. 9. AMENDMENT. The agreement maybe modified or amended by the mutual agreement of the parties if the amendment is made in writing and is signed by both parties. Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 1 Exhibit A: 10. SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 11. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. 12. RETURN OF RECORDS. Upon termination of this agreement, VSR shall return any records, notes, data, memorandum, models, or other materials that were provided to VSR by the Town of Avon that the Town of Avon may request VSR to return. 13. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Colorado. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year first written above. Town of Avon VSR — Linda Venturoni Date Date Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 2 Exhibit A: VENTU Oi 1 Surveys & Research, Inc. Exhibit A Avon Community Survey Internet/Mail Surveys Scope of Services: 1. Venturoni Surveys & Research, Inc (VSR) will provide a community survey for the Town of Avon which provides feedback from Town of Avon registered voters and 2m1 homeowners. The community survey will focus on questions related to Town of Avon services, town policies and direction, most important issues, future vision, etc. The community survey will be coordinated with the survey which is currently in the planning process for the Nottingham Park Master Plan. 2. The Town of Avon will provide sample frame lists to VSR. a. Town Sample Frames: i. Voter Registration List ii. Homeowner List (Assessor's database) 3. VSR will select the samples from the sample frames 4. VSR will work with Town of Avon staff to design the survey instrument • 5. Client and VSR will finalize cover letter. Client will provide logo and appropriate signatures. 6. VSR will send 1St survey letter a. Cover letter with web page address and IDN 7. Client will help increase the response rate by building awareness of the survey: a. Articles in local newspaper b. Radio interviews c. Phone calls d. Note: Do NOT print web page address in any PR items 8. 2nd Mailing (If response rates from 1St mailing do not meet projected numbers) a. Cover letter with web page address and IDN b. Paper version of survey c. Return envelope 9. VSR will provide Survey data entry 10. VSR will perform Survey analysis 11. Survey report a. Survey book with all results — Master Copy — 1 Large Notebook b. Summary books for each council member (8 Small Notebooks) (Additional small notebooks can be purchased for $50.00 each.) 12. VSR will present survey findings a. VSR PowerPoint presentation with full survey fmdings i. One presentation included in survey package price b. Additional presentations charged at VSR hourly rates, as appropriate. 13. Payments: a. 50% payment upon signing of contract b. Remaining 50% upon completion of final report. Payments due within 30 days of receipt of the invoice. Any invoice that remains unpaid after thirty (30) days shall accrue interest at the rate of 1.5% per month. Approximate time frame for internet/mail survey: Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 3 Exhibit A: Task: Time: Instrument Design Survey/Sample Preparation Data Collection Preparation for Analysis Analysis Report 2-4 weeks 2-3 weeks 4-6 weeks (2 waves) 4-6 weeks 3-4 weeks Approximate Costs for mail survey: Task: Survey Personnel Costs: Costs: Survey management $750 Sample preparation $450 Instrument design and layout $1,500 Data cleaning/coding $400 Data analysis and reporting $3,500 Printing & Mailing Costs: Survey printing and folding, Sample and mail preparation, Mail merges, Postage, and Data entry $3,900 Total Cost for Survey $10,500 Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 4 MEMORANDUM To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Meryl Jacobs — Director of Recreation and Cultural Services Danita Chirichillo — Special Events Supervisor February 7, 2008 The Westin Riverfront Resort & Spa Title Sponsor Agreement (A -in Summary: Attached for signature is the agreement with The Westin Riverfront Resort & Spa to be the title sponsor for the 2008 Salute to the USA. The elements of the title sponsorship package have not changed. The price is still $30,000. Financial Implications: The revenue generated through this sponsorship has been approved as part of the 2008 budget. Town Manager Comments: LETTER OF AGREEMENT Between Town of Avon P.O. Box 975 Avon, Colorado 81620 970 748 4032 Title Sponsor The Westin Riverfront Resort & Spa East West Partners P.O. Drawer 2270 Avon, CO 81620 This Agreement is entered into by and between Town of Avon (the "TOA"), an incorporated Town of the State of Colorado and The Westin Riverfront Resort & Spa ("Sponsor"). WITNESSETH: Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A." ("the Event") within Nottingham Park and has scheduled activities as part of its summer programs on July 3, 2008 and Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain promotional rights to be provided by the TOA for Sponsor's interests; NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and sufficiency of which is herby acknowledged, the parties hereby agree as follows: 1. Term This term of this Agreement begins on the date the Agreement is signed by both parties and shall continue in full force and effect through July 3, 2008, except the provisions of Paragraph 13 hereof, which provisions shall be effective as provided in that paragraph. 2. Nature of Services The services are described in this Agreement and the related Attachments. The TOA hereby grants Sponsor the exclusive rights to the Sponsorship acknowledgments and benefits as outlined herein and in Attachment A. Sponsor shall have exclusive rights for this category level and additional financial institutions will only be accepted up to the $2000 sponsorship levels. Banners from additional financial institutions will be limited to two per company and will not be hung at the entrance/exit area of the event and will not be hung on the stage. 3. Compensation and Commitments Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined in Attachment B in exchange for the Sponsorship and benefits promised herein and in related Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event grounds. Sponsor agrees to fulfill its pre -event and on -site obligations and commitments as outlined herein and in related Attachments. 4. Reference to Sponsorship in Advertising Subject to the TOA's rights of approval as described in this Agreement, during the term of this Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the event or location in its advertising. 5. Use of Trademarks Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and Please acknowledge that each page is satisfactory by initialing: TOA Page 1 Sponsor otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes the TOA to refer to "American National Bank" as a Sponsor of the Event. The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during the term of this Agreement, to use the TOA 's trademarks to advertise, publicly represent and otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes Sponsor and/or "American National Bank" to refer to itself as a Sponsor of the Event. Before either party may use the trademark licenses referred to in this Agreement, it shall first submit the concept or a sample of the proposed use to the other party, for approval, which approval shall not be unreasonably withheld. Sample of the TOA's trademark: HEART ut the VALLEY COLORADO Sample of the Sponsor's trademark: 6. Signage and Banners All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no responsibility in case of loss or damage to signage submitted for use during the Event. No third party or handwritten signage is allowed and all signage must be of professional quality. Signage of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor must make best efforts to ensure that handbills/flyers/posters etc. created for the Event are distributed legally and with proper approval. 7. Fulfillment/ Force Majeure Events In the event that any scheduled performance or activity is subject to cancellation by illness, accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes, labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which is beyond control of the parties, both shall be relieved of their respective obligations for the performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of the Sponsorship fee. In the event that the event is postponed for one day due to rain, the Sponsorship fee will not be refunded. 8. Discretionary Matters It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole and exclusive control over the production and presentation of scheduled Event performances or activities, including but not limited to, details, means and methods of performances and activities presented, and persons employed by the TOA. Sponsor has no right to control or direct the result of or the details, methods, manner or means by which the TOA manages or operates its business or performs the services related to transportation, facilities, equipment and supplies needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with Sponsor when Sponsor's actions are determined to be materially detrimental to the good image Please acknowledge that each page is satisfactory by initialing: TOA Sponsor Page 2 of the Event. Any decision affecting any matter not expressly provided herein or attached hereto shall rest solely with the TOA. 9. Notices All notices, payments and statements provided for herein shall be in writing and shall be deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at their respective address set forth below, or at such other addresses as either party may from time to time specify to the other in writing: The TOA: Town of Avon Sponsor: 10. Venue Town Clerk P.O. Box 975 Avon, Colorado 81620 970 748 4032 The Westin Riverfront Resort & Spa East West Partners P.O. Drawer 2270 Avon, CO 81620 Venue for any legal proceeding arising from this agreement shall be proper in any court of competent jurisdiction located in the County of Eagle, State of Colorado. 11. Law This Agreement shall be construed, governed and interpreted pursuant to the laws of the State of Colorado applicable to agreements only to be performed therein. 12. Future Years As a sponsor for the current year 2008, Sponsor is entitled to "first right of refusal" of Title Sponsor category (Attachment A) for the following year (2009) at the cost set for that category for that year. Such first right of refusal shall be exercised only in writing and only on or before December 29, 2008. In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. Town of Avon Ron Wolfe Mayor Date Sponsor Signature Date Title Please acknowledge that each page is satisfactory by initialing: TOA Page 3 Sponsor ATTACHMENT A SPONSOR ACKNOWLEDGEMENTS & BENEFITS Definition of Sponsorship: Sponsor shall be the Title Sponsor of Salute to the U.S.A. to be held in Avon, Colorado. The TOA will provide Sponsor with the following event -related acknowledgements and benefits: 1. Sponsor Will be Recognized as the Title Sponsor: • The name of the event will appear as follows in all promotions, (including print materials, advertising, radio ads, web submissions and signage): "Title Sponsor's" Salute to the USA in Avon, CO. • Event name will be included in event press release. • Event name will be featured on TOA website. • Event name will be marketed and included in Beaver Creek summer marketing campaign (including front range outreach). 2. Sponsor Logo Prominent Placement In/On: • All print and web related marketing developed in support of the Event. • Bridge Banner to hang on Railroad Bridge in Avon for one month prior to Salute. • Posters to be distributed prior to event in local and regional businesses. • Event VIP and parking passes. • Sponsor may produce sponsor signage to be hung on lightpole banners at Avon roundabouts from June 3 - July 4, 2008. Town of Avon may produce Independence Day themed banners to alternate with sponsor light pole banners. 3. Sponsor On -Site Exposure: • Sponsor will be thanked during stage announcements made prior to artists performing on the stage, during set breaks, and prior to fireworks show. • Placement of 20 Sponsor banners throughout event site. Sponsor and TOA will mutually agree upon a venue signage plan, including prominent entrance and stage sponsor signage placement. Signage costs are not included in the Sponsorship fee. 4. Sponsor Promotions: • Sponsor has the opportunity to develop, produce, and implement promotions related to the Event with prior approval by The TOA. The TOA must have the opportunity to review and authorize any promotions or advertisement utilizing the Event name, likeness, or logo during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. • Sponsor has the opportunity to develop Product placement/display on site in Nottingham Park during the event and possibly in Avon Rec Center lobby prior to event. The TOA. The TOA must have the opportunity to review and authorize any promotions during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. Please acknowledge that each page is satisfactory by initialing: TOA Page 4 Sponsor 5. VIP Passes/Additional Benefits: • The TOA will provide twenty (20) VIP passes to the Sponsor, and 10 parking passes. • Sponsor will receive either two (2) annual passes or five (5) 25 -punch admission cards to the Avon Rec Center. Please acknowledge that each page is satisfactory by initialing: TOA Page 5 Sponsor ATTACHMENT B • SPONSORSHIP FEES & ADVERTISING COMMITMENTS • The Westin Riverfront Resort & Spa (Sponsor) agrees to pay the TOA 30,000 dollars ($) by May 10, 2008. • Sponsorship fee entitles the Sponsor to the terms listed in the above agreement. Please acknowledge that each page is satisfactory by initialing: TOA Page 6 Sponsor MEMORANDUM f To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Meryl Jacobs — Director of Recreation and Cultural Services Danita Chirichillo — Special Events Supervisor February 7, 2008 Beaver Creek Resort Company Corporate Sponsor Agreement fro] Summary: Attached for signature is the agreement with Beaver Creek Resort Company to be a corporate sponsor for the 2008 Salute to the USA. The elements of the sponsorship package have not changed. The price is still $10,000. Financial Implications: The revenue generated through this sponsorship has been approved as part of the 2008 budget. Town Manager Comments: LETTER OF AGREEMENT Between Town of Avon P.O. Box 975 Avon, Colorado 81620 970 748 4032 Corporate Sponsor Beaver Creek Resort Company P.O. Box 5390 Avon, CO 81620 This Agreement is entered into by and between Town of Avon (the "TOA"), an incorporated Town of the State of Colorado and Beaver Creek Resort Company ("Sponsor"). WITNESSETH: Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A." ("the Event") within Nottingham Park and has scheduled activities as part of its summer programs on July 3, 2008 and Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain promotional rights to be provided by the TOA for Sponsor's interests; NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and sufficiency of which is herby acknowledged, the parties hereby agree as follows: 1. Term This term of this Agreement begins on the date the Agreement is signed by both parties and shall continue in full force and effect through July 3, 2008, except the provisions of Paragraph 13 hereof, which provisions shall be effective as provided in that paragraph. 2. Nature of Services The services are described in this Agreement and the related Attachments. The TOA hereby grants Sponsor the non-exclusive rights to the Sponsorship acknowledgments and benefits as outlined herein and in Attachment A. Sponsor shall have non-exclusive rights for this category level 3. Compensation and Commitments Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined in Attachment B in exchange for the Sponsorship and benefits promised herein and in related Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event grounds. Sponsor agrees to fulfill its pre -event and on -site obligations and commitments as outlined herein and in related Attachments. 4. Reference to Sponsorship in Advertising Subject to the TOA's rights of approval as described in this Agreement, during the term of this Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the event or location in its advertising. 5. Use of Trademarks Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes the TOA to refer to "Sponsor" as a Sponsor of the Event. Please acknowledge that each page is satisfactory by initialing: TOA Page 1 Sponsor The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during the term of this Agreement, to use the TOA's trademarks to advertise, publicly represent and otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes Sponsor and/or "Sponsor" to refer to itself as a Sponsor of the Event. Before either party may use the trademark licenses referred to in this Agreement, it shall first submit the concept or a sample of the proposed use to the other party, for approval, which approval shall not be unreasonably withheld. Sample of the TOA's trademark: HEART of the VALLEY AvoN COLORADO 6. Signage and Banners All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no responsibility in case of loss or damage to signage submitted for use during the Event. No third party or handwritten signage is allowed and all signage must be of professional quality. Signage of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor must make best efforts to ensure that handbills/flyers/posters etc. created for the Event are distributed legally and with proper approval. 7. Fulfillment/ Force Majeure Events In the event that any scheduled performance or activity is subject to cancellation by illness, accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes, labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which is beyond control of the parties, both shall be relieved of their respective obligations for the performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of the Sponsorship fee. In the event that the event is postponed for one day due to rain, the Sponsorship fee will not be refunded. 8. Discretionary Matters It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole and exclusive control over the production and presentation of scheduled Event performances or activities, including but not limited to, details, means and methods of performances and activities presented, and persons employed by the TOA. Sponsor has no right to control or direct the result of or the details, methods, manner or means by which the TOA manages or operates its business or performs the services related to transportation, facilities, equipment and supplies needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with Sponsor when Sponsor's actions are determined to be materially detrimental to the good image of the Event. Any decision affecting any matter not expressly provided herein or attached hereto shall rest solely with the TOA. Please acknowledge that each page is satisfactory by initialing: TOA Page 2 Sponsor 9. Notices All notices, payments and statements provided for herein shall be in writing and shall be deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at their respective address set forth below, or at such other addresses as either party may from time to time specify to the other in writing: The TOA: Town of Avon Sponsor: 10. Law Town Clerk P.O. Box 975 Avon, Colorado 81620 970 748 4032 Beaver Creek Resort Company ATTN: Tony O'Rourke P.O. Box 5390 Avon, CO 81620 This Agreement shall be construed, governed and interpreted pursuant to the laws of the State of Colorado applicable to agreements only to be performed therein. 11. Venue Venue for any legal proceeding arising from this agreement shall be proper in any court of competent jurisdiction located in the County of Eagle, State of Colorado. 12. Future Years As a sponsor for the current year 2008, Sponsor is entitled to "first right of refusal" of Corporate Sponsor category (Attachment A) for the following year (2009) at the cost set for that category for that year. Such first right of refusal shall be exercised only in writing and only on or before December 29, 2008. In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. Town of Avon Ron Wolfe Mayor Date Sponsor Signature Date Title Please acknowledge that each page is satisfactory by initialing: TOA Page 3 Sponsor ATTACHMENT A SPONSOR ACKNOWLEDGEMENTS & BENEFITS Definition of Sponsorship: Sponsor shall be a Corporate Sponsor of Salute to the U.S.A. to be held in Avon, Colorado. The TOA will provide Sponsor with the following event -related acknowledgements and benefits: 1. Sponsor Logo/Name Prominent Placement In/On: • All TOA print and web related marketing developed in support of the Event. • Bridge Banner to hang on Railroad Bridge in Avon for one month prior to Salute. • Posters to be distributed prior to event in local and regional businesses. • Event press release. • Radio commercials produced for the Event (30 seconds and longer). 2. Sponsor On -Site Exposure: • Sponsor will be thanked during stage announcements made prior to artists performing on the stage, during set breaks, and prior to fireworks show. • Placement of 12 Sponsor banners prominently throughout event site. Sponsor and TOA will mutually agree upon a venue signage planSignage costs are not included in the Sponsorship fee. 3. Sponsor Promotions: • Sponsor has the opportunity to develop, produce, and implement promotions related to the Event with prior approval by The TOA. The TOA must have the opportunity to review and authorize any promotions or advertisement utilizing the Event name, likeness, or logo during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. • Sponsor has the opportunity to develop Product placement/display on site in Nottingham Park during the event. The TOA must have the opportunity to review and authorize any promotions during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. 4. VIP Passes/Additional Benefits: • The TOA will provide ten (10) VIP passes to the Sponsor, and 4 parking passes. • Sponsor will receive two (2) 25 -punch admission cards to the Avon Rec Center. Please acknowledge that each page is satisfactory by initialing: TOA Page 4 Sponsor ATTACHMENT B • SPONSORSHIP FEES & ADVERTISING COMMITMENTS • Beaver Creek Resort Company (Sponsor) agrees to pay the TOA 10,000 dollars ($) by May 10, 2008. • Sponsorship fee entitles the Sponsor to the terms listed in the above agreement. Please acknowledge that each page is satisfactory by initialing: TOA Page 5 Sponsor MEMORANDUM To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Meryl Jacobs — Director of Recreation and Cultural Services Danita Chirichillo — Special Events Supervisor February 7, 2008 Western Enterprises Sponsorship Agreement n m1 Summary: Attached for signature is the agreement with Western Enterprises to be an associate sponsor for the 2008 Salute to the USA. The elements of the sponsorship package have not changed. The price is still $6,000. Financial Implications: The revenue generated through this sponsorship has been approved as part of the 2008 budget. Town Manager Comments: LETTER OF AGREEMENT Between Town of Avon P.O. Box 975 Avon, Colorado 81620 970 748 4032 Associate Sponsor Western Enterprises 13513 West Carrier Road Carrier, OK 73727 This Agreement is entered into by and between Town of Avon (the "TOA"), an incorporated Town of the State of Colorado and Western Enterprises ("Sponsor"). WITNESSETH: Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A." ("the Event") within Nottingham Park and has scheduled activities as part of its summer programs on July 3, 2008 and Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain promotional rights to be provided by the TOA for Sponsor's interests; NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and sufficiency of which is herby acknowledged, the parties hereby agree as follows: 1 Term This term of this Agreement begins on the date the Agreement is signed by both parties and shall continue in full force and effect through July 3, 2008, except the provisions of Paragraph 13 hereof, which provisions shall be effective as provided in that paragraph. 2. Nature of Services The services are described in this Agreement and the related Attachments. The TOA hereby grants Sponsor the non-exclusive rights to the Sponsorship acknowledgments and benefits as outlined herein and in Attachment A. Sponsor shall have non-exclusive rights for this category level. 3. Compensation and Commitments Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined in Attachment B in exchange for the Sponsorship and benefits promised herein and in related Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event grounds. Sponsor agrees to fulfill its pre -event and on -site obligations and commitments as outlined herein and in related Attachments. 4. Reference to Sponsorship in Advertising Subject to the TOA's rights of approval as described in this Agreement, during the term of this Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the event or location in its advertising. 5. Use of Trademarks Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes the TOA to refer to "Sponsor" as a Sponsor of the Event. Please acknowledge that each page is satisfactory by initialing: TOA Page 1 Sponsor The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during the term of this Agreement, to use the TOA's trademarks to advertise, publicly represent and otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes Sponsor and/or "Sponsor" to refer to itself as a Sponsor of the Event. Before either party may use the trademark licenses referred to in this Agreement, it shall first submit the concept or a sample of the proposed use to the other party, for approval, which approval shall not be unreasonably withheld. Sample of the TOA's trademark: HEART of the VALLEY Ash, .—.: _r COLORADO Sample of the Sponsor's trademark: 6. Signage and Banners All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no responsibility in case of loss or damage to signage submitted for use during the Event. No third party or handwritten signage is allowed and all signage must be of professional quality. Signage of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor must make best efforts to ensure that handbills/flyers/posters etc. created for the Event are distributed legally and with proper approval. 7. Fulfillment/ Force Majeure Events In the event that any scheduled performance or activity is subject to cancellation by illness, accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes, labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which is beyond control of the parties, both shall be relieved of their respective obligations for the performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of the Sponsorship fee. In the event that the event is postponed for one day due to rain, the Sponsorship fee will not be refunded. 8.Discretionary Matters It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole and exclusive control over the production and presentation of scheduled Event performances or activities, including but not limited to, details, means and methods of performances and activities presented, and persons employed by the TOA. Sponsor has no right to control or direct the result of or the details, methods, manner or means by which the TOA manages or operates its business or performs the services related to transportation, facilities, equipment and supplies needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with Sponsor when Sponsor's actions are determined to be materially detrimental to the good image of the Event. Any decision affecting any matter not expressly provided herein or attached hereto shall rest solely with the TOA. Please acknowledge that each page is satisfactory by initialing: TOA Sponsor Page 2 9. Notices All notices, payments and statements provided for herein shall be in writing and shall be deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at their respective address set forth below, or at such other addresses as either party may from time to time specify to the other in writing: The TOA: Town of Avon Town Clerk P.O. Box 975 Avon, Colorado 81620 970 748 4032 Sponsor: Western Enterprises 13513 West Carrier Road Carrier, OK 73727 10. Law This Agreement shall be construed, governed and interpreted pursuant to the laws of the State of Colorado applicable to agreements only to be performed therein. 11. Venue Venue for any legal proceeding arising from this agreement shall be proper in any court of competent jurisdiction located in the County of Eagle, State of Colorado. In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. Town of Avon Ron Wolfe Mayor Date Sponsor Signature Date Title Please acknowledge that each page is satisfactory by initialing: TOA Page 3 Sponsor ATTACHMENT A SPONSOR ACKNOWLEDGEMENTS $ BENEFITS Definition of Sponsorship: Sponsor shall be an Associate Sponsor of Salute to the U.S.A. to be held in Avon, Colorado. The TOA will provide Sponsor with the following event -related acknowledgements and benefits: 1. Sponsor Name/Logo Placement In/On: • All TOA print and web related marketing and advertising developed in support of the Event. • Radio advertising. • Event press release. • Posters to be distributed prior to event in local and regional businesses. 2. Sponsor On -Site Exposure: • Sponsor will be thanked during stage announcements made prior to artists performing on the stage, during set breaks, and prior to fireworks show. • Placement of 4 Sponsor banners prominently throughout event site. Signage costs are not included in the Sponsorship fee. 3. Sponsor Promotions: • Sponsor has the opportunity to develop, produce, and implement promotions related to the Event with prior approval by The TOA. The TOA must have the opportunity to review and authorize any promotions or advertisement utilizing the Event name, likeness, or logo during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. • Sponsor has the opportunity to develop Product placement/display on site in Nottingham Park during the event. The TOA must have the opportunity to review and authorize any promotions during the conceptual stage, and then again prior to final production. Such authorization shall not be unreasonably withheld. 4. VIP Passes/Additional Benefits: • The TOA will provide eight (8) VIP passes to the Sponsor, and 2 parking passes. • Sponsor will receive one (1) 25 -punch admission card to the Avon Rec Center. Please acknowledge that each page is satisfactory by initialing: TOA Page 4 Sponsor ATTACHMENT B SPONSORSHIP FEES & ADVERTISING COMMITMENTS • Western Enterprises, Inc. (Sponsor) agrees to pay the TOA 6,000 dollars ($) by May 10, 2008. • Sponsorship fee entitles the Sponsor to the terms listed in the above agreement. Please acknowledge that each page is satisfactory by initialing: TOA Page 5 Sponsor TOWN OF AVON, COLORADO WORK SESSION MEETING FOR TUESDAY, FEBRUARY 26, 2008 MEETING BEGINS AT 3:30 PM AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD TOWN ATTORNEY: JOHN DUNN TOWN STAFF TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 3:30 PM - 4:30 PM 1. EXECUTIVE SESSION pursuant to 1) CRS 24-6-402 (4)(b) conference with Town Attorney for the purpose of receiving legal advice on specific legal questions regarding pending issues related to the municipal services invoice with Traer Creek Metropolitan District and the school site negotiations between Traer Creek and Eagle County School District and 2) pursuant to CRS 24-6-402 (f) regarding a personnel matter 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 4:30 PM — 4:45 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES a. Community Survey Contract (Eric Heidemann, Assistant Town Manager Community Development) This presents the Venturoni Surveys & Research Contact for a Community Survey for the Town of Avon b. Whitewater Park Marketing Campaign (Meryl Jacobs, Recreation Director) Recreation staff has developed a marketing/promotional campaign to grow awareness of the Whitewater Park 4:45 PM — 5:15 PM 4. WILDAVON, INC. PROJECT (Matt Gannett, Planning Manager, Timothy Broeren, Principal, Ironwood Properties, Inc) Discuss a conceptual proposal to increase the residential density on Lot 9, Block 5, Wildridge Subdivision, from the currently entitled eight (8) units to a new maximum density of thirteen units (13). The incremental increase of five (5) units would be in some form of deed restricted, attainable housing product 5:15 PM 5. ADJOURNMENT Avon Council Meeting.08.02.26 Page 1 of 3 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Becky Lawlor, Community Relations Officer Date: February 21, 2008 Re: Community Survey Contract Summary: This memorandum is to present the Venturoni Surveys & Research Contract for a Community Survey for the Town of Avon. The contract is included as Exhibit A. Background: In 2007, Council and staff discussed the usefulness of a Community Survey to gauge residents and voters interest in a variety of topics as well as a method to assess current town services and what services residents and voters would like in the future. Discussion: The survey method selected will be a web -based survey that will target both registered Avon voters and second homeowners in Avon. A post card will be mailed to selected participants with a web address and IDN number to go online and fill out the survey. If the first mailing does not meet projected numbers, a second mailing will be sent to all those who have not yet responded. It will include the web address with -an IDN number as well as a paper version and return envelope. Looking at statistics from other municipalities in Summit, Eagle and Pitkin County that have used this method of surveying there has been a good response to the web -based survey with a follow-up of a mail -in survey. I also looked into survey methods for the Spanish-speaking population, but was told by several consultants and other municipalities that there is not a good response to surveys even if the survey is translated and mailed out and is typically not worth the cost. So at this time, we will not be surveying in Spanish. I will, however, continue to look into the possibility of setting up some kind of community meeting with bilingual town employees or other volunteers to get at least some input from Avon's Spanish-speaking population. The input received would not be included in the statistics derived from the survey, but would still prove useful to the town and would illustrate Avon's desire to include this portion of our population into the decision -making process. Once the survey has been collected, the data will be analyzed and compiled into a report. Linda Venturoni will present the findings to Town Council and a press release will be sent out to the general public. The Community Survey and its final report will be made available on the web to all interested parties. Venturoni Surveys & Research will also be conducting the survey on Avon's Park Master Plan. Not only was Venturoni's Community Survey proposal competitive with other proposals received, but I believe that it will be to the advantage of the town to have one consultant administer both surveys. Venturoni will be able to perform quality control on both surveys to reduce overlap in those surveyed since both of these surveys will be on a similar timeline. It is expected that results of the survey will be made available to Council by the end of July or early August. Financial Implications: The Community Survey contract includes services to design, implement, analyze and report on a Community Survey for the residents and voters in the Town of Avon. It is estimated that the Community Survey will not exceed $10,500. This amount has already been budgeted for in the Community Relations budget for 2008. Recommendation: Approve Venturoni Surveys & Research Contract for a Community Survey not to exceed $10,500. Proposed Motion: I move to approve the Venturoni Surveys & Research Contract for a Community Survey for a not to exceed amount of $10,500. Attachments: Exhibit A: Venturoni Surveys & Research Contract Town Manager Comments: • Page 2 Exhibit A: Venturoni Surveys & Research SURVEY SERVICES CONTRACT This agreement is made effective as of February 11, 2008 by and between Town of Avon and Venturoni Surveys & Research (VSR) The parties agree as follows: 1. AGREEMENT PERIOD. The term of this agreement shall commence February 11, 2008 and terminate by 12/31/08. 2. DESCRIPTION OF SERVICES. VSR shall conduct a Community Survey for the Town of Avon. The methodology, scope and deliverables of the Community Survey are described in more detail on Exhibit A, which is attached to this Agreement. 3. COST, COMPENSATION AND PAYMENT PROCEDURE. VSR's compensation for this project shall not exceed $10,500. A more detailed description of cost for the survey is provided on Exhibit A. The Town of Avon shall pay VSR half upon signing of the contract and half upon delivery of the final report, within 30 days of receipt of the invoice. 4. ASSIGNMENT. VSR's obligations under this agreement may not be assigned or transferred to any other person, firm, or corporation without prior written consent of the Town of Avon. 5. TERMINATION. This agreement shall be effective from February 11, 2008 through 12/31/08, unless either party provides 60 days written notice to the other party prior to the termination of the applicable term. The Town of Avon reserves the right to terminate the contract, upon 30 days written notice to contractor, for failure to perform services acceptable to the Town of Avon. 6. RELATIONSHIP OF PARTIES. The parties understand that VSR is an independent contractor with respect to the Town of Avon, and persons assigned by VSR to work on this project are not employees of the Town of Avon. 7. NOTICES. All notices required or permitted under this agreement shall be in writing and shall be deemed delivered in person or deposited in the U.S. mail, addressed as follows: If to the Town of Avon: If to VSR: Town of Avon PO Box 975 400 Benchmark Road Avon, CO 81620 Venturoni Surveys & Research 422 Idlewild Drive Avon, CO 80435 8. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral. This agreement supercedes any prior written or oral agreements between the parties. 9. AMENDMENT. The agreement maybe modified or amended by the mutual agreement of the parties if the amendment is made in writing and is signed by both parties. Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 1 Exhibit A: 10. SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 11. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. 12. RETURN OF RECORDS. Upon termination of this agreement, VSR shall return any records, notes, data, memorandum, models, or other materials that were provided to VSR by the Town of Avon that the Town of Avon may request VSR to return. 13. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Colorado. IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year first written above. Town of Avon VSR — Linda Venturoni Date Date Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 2 Exhibit A: VENTURON1 Surveys & Research, Inc. Exhibit A remair Avon Community Survey Internet/Mail Surveys Scope of Services: 1. Venturoni Surveys & Research, Inc (VSR) will provide a community survey for the Town of Avon which provides feedback from Town of Avon registered voters and 2nd homeowners. The community survey will focus on questions related to Town of Avon services, town policies and direction, most important issues, future vision, etc. The community survey will be coordinated with the survey which is currently in the planning process for the Nottingham Park Master Plan. 2. The Town of Avon will provide sample frame lists to VSR. a. Town Sample Frames: i. Voter Registration List ii. Homeowner List (Assessor's database) 3. VSR will select the samples from the sample frames 4. VSR will work with Town of Avon staff to design the survey instrument 5. Client and VSR will finalize cover letter. Client will provide logo and appropriate signatures. 6. VSR will send 1st survey letter a. Cover letter with web page address and IDN 7. Client will help increase the response rate by building awareness of the survey: a. Articles in local newspaper b. Radio interviews c. Phone calls d. Note: Do NOT print web page address in any PR items 8. 2"d Mailing (If response rates from 1St mailing do not meet projected numbers) a. Cover letter with web page address and IDN b. Paper version of survey c. Return envelope 9. VSR will provide Survey data entry 10. VSR will perform Survey analysis 11. Survey report a. Survey book with all results — Master Copy — 1 Large Notebook b. Summary books for each council member (8 Small Notebooks) (Additional small notebooks can be purchased for $50.00 each.) 12. VSR will present survey findings a. VSR PowerPoint presentation with full survey findings i. One presentation included in survey package price b. Additional presentations charged at VSR hourly rates, as appropriate. 13. Payments: a. 50% payment upon signing of contract b. Remaining 50% upon completion of final report. Payments due within 30 days of receipt of the invoice. Any invoice that remains unpaid after thirty (30) days shall accrue interest at the rate of 1.5% per month. Approximate time frame for internet/mail survey: Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 3 Exhibit A: Task: Time: Instrument Design Survey/Sample Preparation Data Collection Preparation for Analysis Analysis Report 2-4 weeks 2-3 weeks 4-6 weeks (2 waves) 4-6 weeks 3-4 weeks Approximate Costs for mail survey: Task: Survey Personnel Costs: Costs: Survey management $750 Sample preparation $450 Instrument design and layout $1,500 Data cleaning/coding $400 Data analysis and reporting $3,500 Printing & Mailing Costs: Survey printing and folding, Sample and mail preparation, Mail merges, Postage, and Data entry $3,900 Total Cost for Survey $10,500 Venturoni Surveys & Research Contract Town of Avon Community Survey — Page 4 MEMORANDUM To: Thai: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager Danita Chirichillo — Special Events Supervisor Meryl Jacobs — Director of Recreation and Cultural Services February 21, 2008 White Water Park Marketing Campaign k Summary: The Recreation staff has developed a marketing/promotional campaign to grow the awareness of our newest amenity. This campaign includes the following: 1. Half -page full color ad in Canoe & Kayak Magazine "Whitewater" edition on sale March 20, 2008. National distribution of 78,000. 2. Internet advertising on eddyflower.com with placement of a banner ad at the top of the River Guide search results page and My Favorites page February 1 — September 1, 2008. This banner ad links through to the White Water Park information on the Recreation Center web site. 3. Internet advertising on eddyflower.com with placement of a banner ad at the top of the Boat Guide search results page and Classifieds page September 1 — January 1, 2009. This banner ad links through to the White Water Park information on the Recreation Center web site. 4. Town of Avon logo on eddyflower.com with adjacent white water park and contact information. 5. Working with Alpine Quest Sports to bring professional kayakers into the Avon Park to offer free clinics for five/six weeks. 6. Working with First Descents to develop fundraising mechanism utilizing the White Water Park. 7. Light -pole banners along Avon Road at Bob the Bridge. 8. Advertising pages purchased in Colorado Mountain Express and Vail Valley 365 the Official Visitors Guide. All of the above items are included in the 2008 Special Events budget. Discussion: "Avon's Big Air Shootout" is an additional opportunity, which the Recreation staff would like to recommend to council. Untraditional Marketing will formulate and facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built to get people excited about the park while allowing them to compete for cash. Kayakers will go to the park during the competition and take video of the tricks they are performing. They will then upload the video on a web page hosted by the Vail Daily. Videos will be accessible to anyone who has a computer. At the end of the competition, the winning videos will be chosen by a jury and awarded cash prizes. "Avon's Big Air Shootout" is proposed to take place May 15 through July 15, 2008. This extended time line allows participants to enjoy each feature at its best! The Recreation staff believes this type of exposure will generate valley wide interest without the operational impacts of a typical event i.e., set-up, tear -down, staffing, etc. Financial Implications: The elements of the promotional campaign listed in the Summary are accounted for in the 2008 Special Events budget. The Avon Big Air Shootout would require a budget revision in the amount of $6,000. Town Manager Comments: P -64x - Attachments: A. White Water Park ad placed in Canoe & Kayak Magazine B. Untraditional Marketing contract for "Avon's Big Air Shootout" intraditional marketing This Account Services Agreement (this "Agreement") is made and entered into as of February 15th, 2008 (the "Effective Date") by and between the Town of Avon ("TOA"), having an address at PO Box 975, Avon, CO, 81620 and Untraditional Marketing, Inc. ("UM"), having an address at PO Box 1430, Vail, CO 81658. TOA and UM may be referred to individually as a "Party" or collectively as the "Parties." RECITALS: A. TOA wishes to retain the services of UM subject to the terms and conditions set forth within this Agreement, in connection with the following business aspects surrounding the planning, promotion, launch and management of the "Avon Big Air Shootout" ("ABAS"). The program will include all aspects mentioned below and in Exhibit A (attached). AGREEMENT: A. Term. TOA hereby engages UM to provide the services described in Exhibit A commencing on the effective date above, and ending on July 15th, 2008. B. Services. During the Term of this Agreement, UM will provide the services and deliverables described below and in Exhibit A. Contract Deliverables • All efforts to announce, set criteria and judging, publicize, concept, manage, and successfully implement the program listed on Exhibit A to encourage increased kayaker participation in the Avon Whitewater Park. Account Supervision • Day to day management and operation planning and marketing of ABAS. • Interact with TOA staff, as needed providing detailed TOA follow-up reports of all meetings and tasks related to this project. • Meetings or conversations with TOA representative(s) to include planning sessions, project updates and budget discussions. ABAS Plan Development and Budget Supervision • Research, develop and implement the strategic ABAS marketing plan. • Maintain project projected cost estimates built by TOA and UM. ABAS Event Planning and Representation • Management and representation as an agent of TOA for the duration of the program. • Soliciting/managing any experts needed to facilitate a successful program. PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com .:Al* i untraditional marketing C. Client Responsibilities. During the Term of this Agreement, TOA will be responsible for the project elements described below. Public Relations ("PR") • TOA will facilitate the PR for the ABAS and work strategically with UM to align with the marketing plan. Liaison • TOA will involve UM as part of the larger TOA team and keep them aware of all efforts being used for the ABAS and promoting the Avon whitewater park. Insurance • TOA will provide a General Liability policy to cover the ABAS program as determined necessary by the TOA Town attorney. • The General Liability policy will name UM as an additional insured on the policy. • UM will provide proof of a General Liability policy in an amount determined necessary by the TOA Town attorney. D. Compensation. TOA will pay UM management fees for this project totaling $6,000. This fee will be paid to UM on or before May 1st, 2008. ❖ UM will pay for all materials, advertising and awards needed for the ABAS. UM will keep a record of all expenses and present them to the TOA following the conclusion of the program. All expenses will be reimbursed to UM upon approval from TOA. ❖ TOA is responsible for all fees and expenses associated with all aspects of the ABAS. If for any reason ABAS discontinues, TOA will be responsible for all costs committed at the time of written notification. Additionally, UM entire fee is non-refundable. ❖ UM agrees to work within the available ABAS budget as detailed in Exhibit A for all aspects of this project. E. Event Cancellation. In the event of a drought year or any other circumstance requiring an anticipated cancellation of the event outside the ability of the TOA or UM to control, Staff members from TOA and UM will meet no later then May 1st to determine whether or not to cancel the event. If the event is canceled on or before this date, UM management fee will be $3,000. Any management fee paid to UM prior to this cancellation equaling more then $3,000 will be returned to TOA no later then May 30th, 2008. PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com ari .4 erakirin • 440i4pirir '4e • untraditional marketing F. Indemnification and Insurance. 1. Indemnification of UM. TOA to the extent permitted by law will indemnify and hold harmless UM, its shareholders, directors, officers and employees (collectively, "UM Parties"), from and against any loss, cost, damage, liability or expense incurred by any UM Parties ("UM Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the TOA Parties; provided that indemnification shall not be provided under this Section F. to the extent that UM Losses are attributable to the negligence or willful misconduct of any UM Parties. 2. Indemnification of TOA. UM will indemnify and hold harmless TOA, its directors, members, managers, officers, and employees ("TOA Parties") from and against any loss, cost, damage, liability or expense incurred by any TOA Parties ("TOA Losses"), including reasonable attorney fees and costs, arising out of the gross negligence or willful misconduct of any of the UM Parties; provided that indemnification shall not be provided under this Section F to the extent that UM Losses are attributable to the negligence or willful misconduct of TOA Parties. G. Termination. Either Party may terminate the Term of Engagement at any time prior to its scheduled expiration immediately upon written notice to the other Party for (i) any Material Breach or (ii) Insolvency. For purposes of this Agreement, "Material Breach" means, with respect to either party, any willful misconduct or any willful breach of or failure to or refusal to perform such parties obligations hereunder that continues uncured for a period of ten (10) days following written notice thereof to the breaching party and the term "Insolvency" means, with respect to either party, (1) making a general assignment for the benefit of its creditors, (2) applying for or consenting to the appointment of a receiver, trustee, assignee, custodian, sequestrator, liquidator or similar official for itself or any of its assets and properties, (3) commencing a voluntary case for relief as a debtor under the United States Bankruptcy Code or any foreign laws for protection or relief of debtors, (4) filing with or otherwise submitting to any governmental authority any petition, answer or other document seeking (A) reorganization, (B) an arrangement with creditors or (C) to take advantage of any other present or future applicable law respecting bankruptcy, reorganization, insolvency, readjustment of debts, relief of debtors, dissolution or liquidation, or (5) being adjudicated a bankrupt or insolvent by a court of competent jurisdiction. H. Nature of Relationship. The parties acknowledge and agree that UM will be performing services under this Agreement as an independent contractor to TOA and nothing in this Agreement or in the relationship of TOA and UM shall be deemed to constitute a partnership, joint venture or any other relationship other than that of contract Parties hereunder. PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com 4.4 '� � •- ' ��� '� .� intraditional marketing I. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles, and any disputes shall be subject to binding arbitration in Eagle County, Colorado. The losing Party shall pay all attorneys fees and costs of the winning Party. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes any prior understandings, agreements or representations by or among them with respect to its subject matter. This Agreement may be amended only by a written instrument signed by both parties. This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective successors and assigns. The descriptive headings of this Agreement are included for convenience and ease of reference do not constitute a part of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall for all purposes constitute one (1) agreement which is binding on all parties hereto. Neither Party may assign this Agreement without the express written consent of the other Party. We, as authorized representatives of UM and TOA, agree to uphold the terms and conditions of this agreement to the best of our abilities. Untraditional Marketing, Inc Town of Avon Signature: Signature: Name Printed: Name Printed: Date: Date: PO Box 1430, Vail, CO 81658 4.1• ?± 970.477.0111 www.untraditional.com 1 4411i 'k*1 intraditional marketing Exhibit A, Avon's Big Air Shootout Untraditional Marketing will formulate and facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built to get people excited about the park while allowing them to compete for cash. Kayakers will go the park during the competition and take video of the tricks they are performing. They will then upload the video on a web page hosted by the Vail Daily. Videos will be accessible by anyone who has a computer. At the end of the competition, the winning videos will be chosen by a jury and awarded cash prizes. When: May 15th - July 15th Prize: $2,500 for men and women's the biggest trick performed Marketing: o Posters and flyers will be distributed in Eagle, Summit and Garfield County o Competition information will be posted on kayaking forum web pages. o The Vail Daily will be the presenting sponsor of the event and run a marketing campaign*. Untraditional Marketing responsibilities: o Produce rules and regulations for the competition. o Work with the Vail Daily* to ensure information on line is updated. o Design, produce and distribute posters and flyers. o Post and maintain forum postings. o Assemble jury for judging and announce winners. o Contact local radio stations for marketing opportunities. BUDGET & FEES o Advertising: • Vail Daily • Radio • Printing • Design o Awards: • Cash o Project Management: • Untraditional Marketing Total fee: * Pending Vail Daily agreement $0* One time fee $500 DJ mentions $150 Posters & flyers $200 Design posters & flyers $5,000 $2,500 for men & women $6,000 $11,850 PO Box 1430, Vail, CO 81658 970.477.0111 (I.. P 4,11tv 4044, www.untraditional.com 71.141 , ' 71:14+ -1,3.014-44- ,,tV AN HEART of the VALLEY Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Gennett, AICP, Planning Manager X�,�r, Date: February 26, 2008 Council Meeting Re: Work Session on a Wildwood PUD Amendment livo N COLORADO Summary: Attached to this memo is a request by Ironwood Properties LLC to discuss and receive feedback from the Council on a conceptual development plan for the property located at 1051 Wildwood Road. The proposal, as outlined in their letter dated January 31, 2008, contemplates (1) an increase in residential density; (2) residential unit size(s) of approximately 3,000 sf.; and (3) Eagle County occupancy restrictions for five of the units. Town Manager Comments: Attachments: Request letter from Ironwood Properties LLC and attached conceptual site plan. IRONWOOD PROPERTIES, LLC January 31, 2008 Matthew R. Gennett, AICP Senior Planner Community Development Town of Avon P.O. Box 975 Avon, Colorado 81620 Re: 1051 Wildwood Town Council Work Session Meeting request Dear Matt, We request the opportunity to meet with the Town Council in a work session to discuss the proposed increased residential density and the restricted nature of the additional units requested. We are proposing to: • Increase residential dwelling unit density of the 1.6 acre parcel from 8 units to 13 units; • Reduce the maximum unit size from 6,000 sf per unit to 3,000 sf per unit; • Restrict the sale and occupancy of the additional five units to Eagle County Residents only. We would appreciate the opportunity to meet with Town Council at their February 12, 2008, meeting. Please deduct the $500.00 meeting fee from the reimbursement of the PUD Application fee. Thank you. IronWood Properties, LLC Timothy Broeren Principal 24853 Chris Drive EVERGREEN, COLORADO, 80439 Telephone 303-674-0765 Wildwood PUD, Lot 9, Block 5 Use by Right versus Proposed Development Comparison General Information: 1.61 acres, 70,131 sf Use By Right Proposed Development Maximum Site Coverage 35,066 sf 10,944 sf Minimum Landsacpe Area 17,533 sf 40,715 sf Setbacks Per Code Comply with Code Residential Unit Density 8 units 13 units Max. GRFA per unit Total GRFA 6,000 sf per unit 48,000 sf 3,000 sf per unit 39,000 sf Building Height Per Code Comply with Code Parking Per Code Comply with Code Grades, Snow Storage Per Code Comply with Code Owner/Occupant Restriction None Restrict 5 units to Eagle County Residents Only 4 �1r 47 404 - 172.34•--------------------------- / 1,11 II 49 M %\ ‘'\\‘ 111.1, '*4§:k \�\\`,\\\\���+,;; X111 N2027'15• W - 1 � 1 - 0 v 1 f WEST WILDWOOD ROAD f (50' RO.N.) J F 0 SCHEMATIC SITE GRADING AND DRAINAGE PLAN 2.' SCALE: 1" = 20'-0" . ZONING INFORMATION The following is a summary of the Avon Zoning Requirements for the Widridge PUD Lot Area = 1.81acres = 70,131.8 s.f. Maximum Site Coverage = 50% of Lot Area = 35,088 s f (includes garages) Proposed site coverage = 10,944 sf (18%) Minimum Landscape Area = 25% of Lot Area =17,533 s. f. Proposed site coverage = 10,944 of (buildings) Proposed impervious material= 18.473 et (drives and patios) Total impervious = 29,417 of Proposed Landscape Area 70,13113 (Lot area) -29,417 (rmperv. area) = 40,714.8 sf of landscape area (58%) Setbacks: Front Yard = 25' Rear Yard = 10' Side Yard = 7 5' Setback exceptions: Patios, walks, at -grade decks & steps may project into setback, no restriction GRFA No building containing 1 or 2 living units shall be less than 1,200 SF (min) or more then 8,000 SF (max) per unit, not including the garages Density = Increase density for the 1.81 acre parcel from 8 writs to 13 units. Proposed addition restrictions: Provide deed restrictions on five residential units Change the maximum unit size from 8,000 sf per unit to 3,000 sf per unit Maximum Height = 35'. Height Measurements are measured from ridge of roof directly down to existing or new grade below. Parking Requirements: 2 spaces per unit, with 1 in a garage. 9x18 spaces Driveway Cuts: 20' min, 24' max. Driveway Grades: first 20': 4% max 8% max grade garage adjacent 20': 4% max. Grade slopes 2:1 max. Retaining wails over 4 feet height to be engineered Snow Storage: 20% of impermeable surface area, 8 R wide min lighting: Downlighting, frosted glass, etc. a P AND 2: 12-14-07 1 1Pmanley@Denturytel.net a Multi -Family Residences (n N V �' rn Li a-' D -mac cc m o 1:3N ,a ▪ Lrl . — z' Cr) alOOMsNOMil i (2) 3-plexes 6 units. (2) duNixes 4 units pano DWOOD ROAD 4-plex (2) 3-plexesb 6 units m�view from site (2) 3-p 6 units (2) 5-ple*A. 10 units (2) 6-plexes 12 units VICINITY MAP AN SCALE: 1" = 60'-0" JACENT USES 8 0 U J J U a) 0 0 a) c v 0. E 0 N P AND Z: 12-14-07 jpmanley@centurytel.net Z I t O 0