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TC Council Packet 09-10-2013 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 10, 2013 AVON LIQUOR AUTHORITY MEETING BEGINS AT 4:00 PM REGULAR MEETING BEGINS AT 4:15 PM AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Meeting Agendas 13 09 10 Page 1 PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. ______________________________________________________________________________________________________________ 4:00 PM AVON LIQUOR LICENSING AUTHORITY MEETING (SEE PAGE 3) 4:15 P.M. REGULAR COUNCIL MEETING 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 5. WORK SESSION [EXPECTED TO BEGIN AT 5:15 P .M.] 5.1. Meeting with the Eagle River Fire Protection District Board of Directors 5.1.1. ERFP Near and Long Term Facility Needs 5.1.2. Seasonal Wildland Fire Protection in Wildridge 5.1.3. Opportunities for Collaboration 5.2. Update on the 2013 EGE Air Alliance Outcomes and 2014 Program (Chris Romer, CEO; Mike Brown & Kent Myers, Vail Valley Partnership) 5.3. Presentation of new a utility access road for the Traer Creek Water Tank – Alignment and Retaining Walls (Dan Leary, Traer Creek Metropolitan District) 6. ACTION ITEMS 6.1. Review and Action on Second Assignment and Assumption of Development Agreement between Guggenheim Partners and Wyndham Vacation Resorts – Nathan Battle, Guggenheim Partners & Dominic Mauriello for Wyndham Hotel (Eric Heil, Town Attorney) 6.2. Resolution No 13-25, Series of 2013, Resolution Setting Forth Review And Design Considerations For All Future Art Locations (Jared Barnes, Planner II) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 10, 2013 AVON LIQUOR AUTHORITY MEETING BEGINS AT 4:00 PM REGULAR MEETING BEGINS AT 4:15 PM AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Meeting Agendas 13 09 10 Page 2 6.3.First Reading of Ordinance 13-12, Series of 2013, An Ordinance Amending Chapter 9.16 of the Avon Municipal Code Regarding Marijuana Possession and Use (Eric Heil, Town Attorney) 6.4. Appointment of a Town Representative to serve on Boards of Directors for the Buffalo Ridge Affordable Housing Corporation, Eaglebend Affordable Housing Corporation and Kayak Crossing Affordable Housing Corporation (Patty McKenny, Assistant Town Manager) 6.5. Minutes from Meetings on August 13, 2013, August 27, 2013 and August 28, 2013 7. WORK SESSION 7.1. 2014 Budget Work Session: 7.1.1. Update of the 2013-2014 Strategic Plan (Virginia Egger, Town Manager) 7.1.2. Situational Analysis, 3-Year Revenue Projections; Fees and Charges; Fund Balances/Contingency Levels (Scott Wright, Finance Director) 7.2. Review of Process for Recruiting and Hiring a Director of Economic Initiatives (Virginia Egger, Town Manger) 8. VILLAGE AT AVON UPDATE 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9.1. Upper Eagle Regional Water Authority Board Meeting (Todd Goulding, Mayor Pro Tem) 10. COUNCIL COMMENTS 11. MAYOR REPORT AND FUTURE AGENDA ITEMS 12. ADJOURNMENT 13. 9:00 PM URBAN R ENEWAL AUTHORITY MEETING (SEE PAGE 4) FUTURE AGENDA ITEMS: September 17th: Special Meeting, If Called: Amendments to the Traer Creek Development Agreement and other Documents to Allow for the Construction of the Water Tank and Associated Infrastructure by the Developer; Action on Grading Permit for utility access road September 24th: Adopt Strategic Plan, Public Hearing on Ord. No. 13-12 Code Amendments for Personal Marijuana Use, Agreement for Special Water Counsel, Legal Services Contract, URA Refinancing, Budget 2014 Review EE Compensation & Benefits, Special Event Ticket Fee, Amendments to Water Authority Master Agreement, Village at Avon Update TOWN OF AVON, COLORADO AVON LIQUOR AUTHORITY MEETING FOR TUESDAY, SEPTEMBER 10, 2013 MEETING BEGINS AT 4:00 PM AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Meeting Agendas 13 09 10 Page 3 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. RENEWAL OF LIQUOR LICENSES 4.1. Applicant Name: Dillon Companies, Inc. d/b/a City Market #26 Address: 0072 Beaver Creek Place Manager: Jeff Gentilini Type of License: 3.2% Beer License 4.2. Applicant Name: Chair Four LLC d/b/a VIN 48 Address: 48 E. Beaver Creek Blvd. Manager: Collin Baugh Type of License: Hotel and Restaurant License 5. MINUTES FROM AUGUST 27, 2013 6. ADJOURNMENT TOWN OF AVON, COLORADO AVON URBAN RENEWAL AUTHORITY MEETING FOR TUESDAY, SEPTEMBER 10, 2013 MEETING BEGINS AT 9:00 PM AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Meeting Agendas 13 09 10 Page 4 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. WORK SESSION 4.1. 2014 Mall Improvements – Financing Design Concepts 4.1.1. Design Concepts and Process for Design Approval and Completion (Virginia Egger, Town Manager) 4.1.2. URA Bond Refinancing and Use of Proceeds for Improvements to the Pedestrian Mall (Scott Wright, Finance Director) 5. MINUTES FROM JUNE 11, 2013 6. ADJOURNMENT Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: September 5, 2013 Agenda Topic: Eagle River Fire Protection District – Town of Avon Council Joint Work Session The Eagle River Fire Protection District Board of Directors and Fire Chief Karl Bauer will be joining Council in a work session to discuss the following topics. The session will begin with a presentation by the Fire Board representatives on the topics. a. ERFP Near and Long Term Facility Needs b. Seasonal Wildland Fire Protection in Wildridge c. Opportunities for Collaboration The Board of Directors: Jennifer Carmell-Hays, Chair John McCaullley, Vice-Chair Darrell Weger, Treasurer Clark Shivley, Secretary Clint Janssen Introduction EGE Air Alliance Board of Directors •Mike Brown (Chair): Alpine Bank •Jean Alexander: Wyndham Vacation Rentals •Mike Brumbaugh: Venture Sports •John Shipp: Dusty Boot / Metropolitan •Peter Dann: East West Resorts •Gabe Shalley: Vail Resorts Inc. •Rich Carroll: Town of Avon •Jeff Shroll: Town of Gypsum •Kelli McDonald: Town of Vail •Tim Baker: Beaver Creek Resort Company •Tracy Walters: Colorado Mountain Express EGE Air Alliance Overview What is the “EGE Air Alliance”? The EGE Air Alliance is a public-private partnership that includes local municipalities and private business stakeholders throughout Eagle County. Alliance members – public and private – recognize the critical importance of the Eagle County Regional Airport to our towns, our businesses and our entire valley. Participation increased three-fold in 2013 from approximately 20 participants to 65 local business and municipal supporters. Why it’s important: Total Economic Impact (via CDOT Division of Aeronautics 2008 Study): $982,000,000 Enplanements and available seats at EGE are declining. At the same time, our competitors are increasing their enplanements and available seats. Our competitors have dedicated funding sources to help bring more seats and new markets to their communities; EGE is dependent on public-private partnerships to impact our air service program Increasing air service from new markets is key to our continued competitive advantage and provides a better guest experience Economic Impacts of the Eagle County Regional Airport EGE Economic Impacts Every town, business and personal income in Eagle County is either directly or indirectly effected by EGE Airport! 2008 Study (CDOT) Total Quantifiable Impact on the County: – $982,170,400 in indirect economic impact – 10,467 jobs (250 direct airport employees) – $293,886,700 in payroll for jobs created –$6.4mm state and local tax receipts collected/paid by airport tenants. 1.All data from the CDOT Division of Aeronautics 2008 Study 2.Indirect impacts are benefits off airport - hotels, retail, restaurant etc. Town of Gypsum: 53% of all employees working at the airport live in Gypsum (132 employees) Town of Eagle: 40% of all employees at the airport live in Eagle )100 employees) Town of Avon, Beaver Creek, Bachelor Gulch and Town of Vail: 35% of all winter out of state destination visitors access Eagle County via EGE. Research shows EGE visitors stay longer, are more likely to be repeat visitors and spend more during their stay. While not a direct, measurable economic impact…visitors to Eagle County via EGE experience a better guest experience than driving I-70! EGE Economic Impacts What’s happening at EGE? Estimated Impacts of 757 Retirement What’s happening at our competitive set airports? 2002-2013 Aspen Winter Airport Volumes 2002-2013 Montrose Winter Airport Volumes 0 50,000 100,000 150,000 200,000 250,000 300,000 ENPLANEMENTS CAPACITY Competitive Set Funding Structures • Securing Air Service to Eagle County and most other comparable communities requires public/private funding models. Eagle County is NOT unique in this area.  Gunnison/Crested Butte Regional Airport: $29.78 per available seat – $2,200,000 annual community funding – .6% sales tax in resort communities plus $800k from tourism assoc.  Montrose County Regional Airport/Telluride Airport: $21.70 per seat – $2,800,000 annual community funding – 2% sales tax plus private business contributions  Yampa Valley Regional Airport (Steamboat): $11.11 per seat – $2,000,000 annual community funding – .25% sales tax, 2% lodging tax plus private business contributions  Aspen Pitkin County Field: unknown – Privately funded by Aspen / Snowmass business community – Focus primarily on winter Competitive Set Funding Structures Eagle County Regional Airport: $2.74 per available seat in 2012 – Prior to 2012, annual budget was $400k to $600k (summer) –Vail Resorts has funded and marketed 100% of all winter air service. Competitive Set Funding Structures With our competition already having solid, sustainable funding models, we are at a crossroads with our air service program. We must get serious as a community or we will be left in the dust by our competitor resort communities Short Term Success 2013 Focus on Summer Air Service •Houston Non-Stop on United Airlines: –5 days a week, June 27 – August 25 •Why Houston?? 1.TX is highest % of 2nd homeowners in the valley 2.Among the top 3 out of state visitors to Valley 3.Houston serves as hub for United Airlines for other feeder markets to connect to the direct flight to EGE 2014 Focus is to maintain Houston summer service and possibly expand service dates Short Term Success Houston information (as of August 20, 2013) Inbound load factors (percent of total available seats filled) •June: 83% •July: 57% •August: 53% •Total inbound load factor: 58% (total overall load factor: 62%) •Total inbound visitors – 3,078 Marketing support •Vail Local Marketing District & Beaver Creek Resort have cooperated on a variety of in-market advertising opportunities. Short Term Fund Raising Goal Airport and Eagle County total package of $72K in 2013 •Cost savings at the airport – Landing fee and rents for new service •$200,000 from Eagle County general fund Town governments and Beaver Creek Resort Company: total of $260,000 Private business pledge amounts totaling $300,000 Total fundraising goal of $760,000 Note: these are committed contributions, not pledges. Long Term Strategic Plan 2014 and Beyond 1.Establish a long-term, sustainable public/private funding model to ensure air service at EGE is here to stay and will continue to grow. 2.Work closely with Greg Phillips & county air service consultant firm (Campbell-Hill Aviation) 3.Target Markets: –Continue Houston Flight in Summer –Chicago Summer Service –Washington, D.C. Winter Service 4.Total Funding Target for 2014 and beyond: $1,800,000 - $2,400,000 Current Supporters 1st Bank Dollar Rent a Car Alpine Bank Eagle Chamber of Commerce Town of Eagle AmericInn Eagle County Town of Gypsum Antlers at Vail East West Resorts Town of Vail Ascent Sotheby’s Four Seasons Resort Vail Triumph Properties Avis Malin Yantis Public Relations US Bank Beaver Creek Resort Company Manor Vail Resort Vail/BC Resort Properties Beaver Liquors O’Bos Enterprises Vail Marriott Resort Big Mountain Transportation Park Hyatt Beaver Creek Vail Racquet Club Budget Peeples Ink Vail Resorts Charter Sports Ritz-Carlton Bachelor Gulch Vail Resorts Hospitality Christie Sports Sebastian Vail Vail Valley Jet Center Colorado Business Bank Sheraton Mountain Vista Vail Valley Partnership Colorado Mountain Express Slifer Designs Vail.net Colorado Mountain News Media Slifer, Smith & Frampton Real Estate Venture Sports Convention Concepts/Gateway Planners Sonnenalp Resort of Vail West Vail Liquor Mart Coyote Café Team Black Bear/Keller Williams Westin Riverfront Resort & Spa Dean Johnson Management Wyndham Vacation Rentals Destination Services of Colorado Timberline Tours Dionysis Hospitality Town of Avon Next Steps 1.Work as a united community to secure continued public/private funding to ensure the success of the summer Houston flight. 2.Work closely with EGE Manager Greg Phillips and our consultants to pursue future flight opportunities. 3.Work with our communities to identify and execute long-term funding strategies. TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: September 5, 2013 Re: Traer Creek Water Tank Utility Road Representatives from the Traer Creek Metropolitan District will present to Council design and construction specifications for a new water tank road. The District will be seeking a grading permit approval to construct the road as utility access as early as September 17th. In preparation for the meeting, the attached construction road plans delineate the alignment and construction specifications. The Plans were prepared by Marcin Engineering for the District. In working with the District, staff has requested the following information in order for a full review of the road as utility access: • Status of the State of Colorado Stormwater Discharge Permit; • Drainage report for the utility road; • Technical specifications for the construction plan; • Calculations for the retaining wall; and • The Scott Green Construction Agreement (this serves as an attachment to the construction plan) We have also noticed the District, staff will recommend to Council a restoration Letter of Credit be required (amount to be determined by Justin Hildreth, Town Engineer); and, the grading permit be conditioned for any Army Corps of Engineers 404 Permit requirements. It will be the staff’s recommendation the utility road not be accepted by the Town of Avon. Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Assignment of Wyndham Development Agreement DATE: September 6, 2013 Summary: This memorandum addresses the request by Wyndham for Town’s consent for two assignments of the Development Agreement related to the financing for the Wyndham project. Background: The Town Council approved Ordinance 13-03 on February 26, 2013, which approved both a rezoning of Lot 61 and the Wyndham-Lot 61 Development Agreement (“Development Agreement”). The Development Agreement contemplated assignment of the project for financing purposes. Specific language was incorporated into the Development Agreement to accommodate such transfer while reserving the right of the Town to review the assignment. Specific provisions concerning completion of private and public improvements and payment of an amenities fee to the Town are important. The Development Agreement is structured so that the financial obligations run with the land and additional language was required in the owner association documents to further reinforce the permanent enforceability of these financial provisions which benefit the Town. Assignments: Included with this memorandum is a statement from Wyndham explaining the transaction and the two assignments proposed for Town’s consent (Wyndham to NEWCO and NEWCO back to Wyndham). Also included are the forms of the two assignment agreements. The specific language in Section 9.8 Assignment of the Development Agreement is re-printed below for your convenience. 9.8 Assignment. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest or the legal representatives of the Parties hereto. Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement: (a) to the Association; and (b) to an entity or entities formed for the purpose of developing the Property which are managed by an affiliate of Owner and comprised of affiliates of Owner. Further, Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long-term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property; provided, however, that the third party assignee fully assumes in writing all obligations of Owner assigned to such party and the Town consents in writing to such third party assignment, which consent will not be unreasonably withheld or delayed if Owner has reasonably demonstrated to the Town that the third party assignee has the financial capability to perform the obligations under this Agreement so assigned. In no event shall any Time-share Owner be individually liable for any obligations of the Owner or the Association pursuant to this Agreement. Nothing in this Section shall be deemed to limit or in any way restrict the sale or other conveyance of property within the Property. Review: Wyndham’s proposal is to create a new company (referred to generically as “NEWCO”) which would construct the project. The proposal contemplates that Wyndham and NEWCO would enter into a Completion Purchase Agreement which would guarantee completion of the project. Other than a statement M EMORANDUM & PLANNING, LLC Avon Town Council Review of Wyndham Development Agreement Assignment September 6, 2013 Page 2 of 2 from Wyndham that NEWCO will be managed by an affiliate of Guggenheim Partners, no specific financial information for NEWCO has been provided. Additional review of the Completion Purchase Agreement and the finances for NEWCO is recommended as a condition of consent to the proposed assignments. However, considering the likely confidential and proprietary nature of this information, I recommend such review be conducted by the Town Manager and Town Attorney. Requested Action: Motion to authorize the Town Manager to provide written consent on behalf of the Town for the assignment of the Lot 61 Development Agreement from Wyndham to NEWCO and from NEWCO to Wyndham subject to further review by the Town Manager and Town Attorney of the Completion Purchase Agreement and finances of NEWCO. Proposed Motion: “I move to authorize the Town Manager to provide written consent on behalf of the Town for the assignment of the Lot 61 Development Agreement from Wyndham to NEWCO and from NEWCO to Wyndham in the form of assignment submitted to the Town subject to further review by the Town Manager and Town Attorney of the Completion Purchase Agreement and finances of NEWCO.” Thank you, Eric [STATEMENT SUBMITTED BY WYNDHAM] Summary of Avon Transaction for Assignment of Development Agreement Wyndham will be entering into a transaction with a third-party (which we will refer to as “NEWCO”) to construct Wyndham’s proposed timeshare resort on Lot 61 (the “Project”). Essentially, Wyndham will sell Lot 61 to NEWCO as-is, NEWCO will construct the improvements comprising the Project to Wyndham’s specifications, and upon completion of the Project, NEWCO may sell the Project to Wyndham. Wyndham desires to assign the existing Development Agreement between the Town of Avon and Wyndham Vacation Resorts, Inc. dated February 26, 2013, as memorialized by the Town of Avon, Colorado, Ordinance No. 13.03 (Series of 2013) executed by the Town Council of the Town of Avon recorded May 8, 2013 as Reception No. 201309178 of the Official Records of Eagle County, Colorado (“Development Agreement”), to NEWCO simultaneously with the conveyance of Lot 61 by Wyndham to NEWCO. According to Section 9.8 of the Development Agreement, Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under the Development Agreement to third parties acquiring an interest or estate in the Property, provided that the third party assignee fully assumed in writing all obligations of Owner assigned to such party and the Town of Avon consents in writing to such third party assignment, which consent shall not be unreasonably withheld or delayed if owner has reasonably demonstrated to the Town of Avon that the third party assignee has the financial capability to perform the obligations under the Development Agreement. NEWCO is a Colorado limited liability company managed by an affiliate of Guggenheim Partners (“Guggenheim”), a privately held global financial services firm with more than $180 billion in assets under management. As part of the transactions contemplated above, Wyndham will convey Lot 61 to NEWCO for a purchase price which will be equal to Wyndham’s sunk costs for Lot 61 up until the day of the conveyance. NEWCO will complete the improvements, amenities and related infrastructure of the timeshare resort according to the approved plans specifications, and with Wyndham’s assistance, pursuant to the terms and conditions set forth in a Technical Services Agreement between NEWCO and Wyndham Technical Services, Inc. Upon completion of construction and receipt of a CO and installation of furniture, fixtures and equipment and operating supplies and equipment for the timeshare resort, if the Project has not been sold to a third party by NEWCO, Wyndham will repurchase the Project from NEWCO pursuant to a Completion Purchase Agreement that will be executed between the parties prior to the initial sale of Lot 61 from Wyndham to NEWCO. At the time of the closing of the Completion Purchase Agreement, the entire Project would be sold back to Wyndham (“Closing”). Wyndham will be entitled to use and operate all Units in the Project notwithstanding the fact that additional payments shall be due over the course of three (3) years thereafter. As part of the transactions described above, the parties would agree in the Completion Purchase Agreement for NEWCO to assign the Development Agreement back to Wyndham upon Closing. At this time, Wyndham requests approval for both (1) the assignment of the Development Agreement to by Wyndham to NEWCO simultaneous with the conveyance of Lot 61 to NEWCO, and (2) the assignment of the Development Agreement from NEWCO to Wyndham simultaneously with Closing. Financial Overview for Avon Transaction NEWCO is a Colorado limited liability company managed by an affiliate of Guggenheim Partners (“Guggenheim”), a privately held global financial services firm with more than $180 billion in assets under management. This transaction would be the third such deal completed with Wyndham. NEWCO intends to finance the project with a combination of equity and debt financing arranged by Guggenheim and is currently in the final stages of documentation with its capital partners. With all capital expected to be sourced by close, there are no financing contingencies contemplated. As such, NEWCO is confident in its ability to achieve the desired mid-September close of this transaction. After recording, return to: [name] NEWCO [address] Tel: ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT dated as of September _________, 2013, between WYNDHAM VACATION RESORTS, INC., a Delaware corporation, whose address is 6277 Sea Harbor Drive, Orlando, Florida 32821 (“Assignor”), and [NEWCO], a Colorado limited liability company, whose address is c/o Guggenheim Partners, ___________________________ (“Assignee”). Background The Assignor entered into that certain Development Agreement dated February 26, 2013, with the Town of Avon, a municipal corporation of the State of Colorado setting forth certain terms, conditions and obligations for the development of certain real property located in Avon, Colorado, as evidenced by that certain Town of Avon, Colorado, Ordinance No. 13.03 (Series of 2013), recorded on May 8, 2013 as Reception No. 201309178 of the Official Records of Eagle County, Colorado, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference (“Development Agreement”). This Assignment and Assumption of Development Agreement is being executed and delivered pursuant to that certain Purchase and Sale Agreement, dated as of September ____, 2013, by and between Assignor and Assignee (“Purchase and Sale Agreement”), and shall be effective as of the closing of the Purchase and Sale Agreement. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Purchase and Sale Agreement. Assignment and Assumption In consideration of Ten ($10.00) Dollars in hand paid by Assignee, the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby assign, transfer and set over unto Assignee, all of Assignor’s rights, interests and obligations in and to the Development Agreement. TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, from and after the date hereof, subject to the terms, covenants, conditions and provisions contained in the Development Agreement. Assignee hereby assumes the performance of all of the terms, covenants and conditions of the Development Agreement on the Assignor’s part to be performed thereunder from and after the date hereof and will perform all of the terms, covenants and conditions of the Development Agreement from and after the date hereof, all with the same force and effect as though the Assignee had signed such Development Agreement as a party named therein, and Assignor hereby agrees that it shall remain liable for all amounts due or claims arising under the Development Agreement which have accrued before the date hereof and Assignor shall indemnify Assignee from and against any and all claims, losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees and expenses), liabilities or damages arising from or related to the Development Agreement, to the extent accruing before the date hereof. Assignee shall indemnify Assignor from and against any and all claims, losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees and expenses), liabilities or damages arising from or related to the Development Agreement, to the extent accruing on and subsequent to the date hereof. This Assignment is made without warranty or representation, express or implied, by, or recourse against, Assignor of any kind or nature whatsoever except as expressly provided in the Purchase and Sale Agreement. IN WITNESS WHEREOF, the Assignor and Assignee have duly executed this instrument as of the day first above written. [SIGNATURES APPEAR ON FOLLOWING PAGE] ASSIGNOR: WYNDHAM VACATION RESORTS, INC., a Delaware corporation By: Name: Thomas F. Anderson Title: Executive Vice President and Chief Real Estate Development Officer STATE OF ________________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on this _____ day of _________________, 2013 by ________________________, the _________________________ of Wyndham Vacation Resorts, Inc., a Delaware corporation, on behalf of the corporation. He/she is personally known to me or produced ______________________________ as identification. ________________________________ Notary Public for __________________ My Commission Expires:____________ ASSIGNEE: [NEWCO], a Colorado limited liability company By: Name: Title: STATE OF _________________ ) ) COUNTY OF _______________ ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2013 by _______________________ the _______________________ of __________[NEWCO]__________, a Colorado limited liability company, on behalf of the company. _____________________________________ Notary Public for ______________________ My Commission Expires:________________ EXHIBIT A Development Agreement After recording, return to: Kristy Jassak Wyndham Vacation Resorts, Inc. 6277 Sea Harbor Drive Orlando, FL 32821 Tel: 407-626-6271 SECOND ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT dated as of ___________________ ____, 20___, between [NEWCO], a Colorado limited liability company, whose address is c/o Guggenheim Partners, ___________________________ (“Assignor”), and WYNDHAM VACATION RESORTS, INC., a Delaware corporation, whose address is 6277 Sea Harbor Drive, Orlando, Florida 32821 (“Assignee”). Background The Assignee entered into that certain Development Agreement dated February 26, 2013, with the Town of Avon, a municipal corporation of the State of Colorado setting forth certain terms, conditions and obligations for the development of certain real property located in Avon, Colorado, as evidenced by that certain Town of Avon, Colorado, Ordinance No. 13.03 (Series of 2013), recorded on May 8, 2013 as Reception No. 201309178 of the Official Records of Eagle County, Colorado, a copy of which is attached as Exhibit “A” hereto and incorporated herein by this reference (“Development Agreement”). The Development Agreement was subsequently assigned by Assignee to Assignor pursuant to that certain Assignment and Assumption of Development Agreement dated September ___, 2013. This Second Assignment and Assumption of Development Agreement is being executed and delivered pursuant to that certain Conditional Purchase Agreement, dated as of September ____, 2013, by and between Assignor and Assignee (“Conditional Purchase Agreement”), and shall be effective as of the closing of the Conditional Purchase Agreement. All capitalized terms used but not defined herein shall have the meanings ascribed to them in the Conditional Purchase Agreement. Assignment and Assumption In consideration of Ten ($10.00) Dollars in hand paid by Assignee, the receipt and sufficiency of which is hereby acknowledged, Assignor does hereby assign, transfer and set over unto Assignee, all of Assignor’s rights, interests and obligations in and to the Development Agreement. TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, from and after the date hereof, subject to the terms, covenants, conditions and provisions contained in the Development Agreement. Assignee hereby assumes the performance of all of the terms, covenants and conditions of the Development Agreement on the Assignor’s part to be performed thereunder from and after the date hereof and will perform all of the terms, covenants and conditions of the Development Agreement from and after the date hereof, all with the same force and effect as though the Assignee had signed such Development Agreement as a party named therein, and Assignor hereby agrees that it shall remain liable for all amounts due or claims arising under the Development Agreement which have accrued before the date hereof and Assignor shall indemnify Assignee from and against any and all claims, losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees and expenses), liabilities or damages arising from or related to the Development Agreement, to the extent accruing before the date hereof. Assignee shall indemnify Assignor from and against any and all claims, losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees and expenses), liabilities or damages arising from or related to the Development Agreement, to the extent accruing on and subsequent to the date hereof. This Assignment is made without warranty or representation, express or implied, by, or recourse against, Assignor of any kind or nature whatsoever except as expressly provided in the Conditional Purchase Agreement. IN WITNESS WHEREOF, the Assignor and Assignee have duly executed this instrument as of the day first above written. [SIGNATURES APPEAR ON FOLLOWING PAGE] ASSIGNOR: [NEWCO], a Colorado limited liability company By: Name: Title: STATE OF __________________ ) ) COUNTY OF _______________ ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2013 by _______________________ the _______________________ of __________[NEWCO]__________, a Colorado limited liability company, on behalf of the company. _____________________________________ Notary Public for ______________________ My Commission Expires:________________ ASSIGNEE: WYNDHAM VACATION RESORTS, INC., a Delaware corporation By: Name: Thomas F. Anderson Title: Executive Vice President and Chief Real Estate Development Officer STATE OF _________________ ) ) ss. COUNTY OF _______________ ) The foregoing instrument was acknowledged before me on this _____ day of _________________, 2013 by ________________________, the _________________________ of Wyndham Vacation Resorts, Inc., a Delaware corporation, on behalf of the corporation. He/she is personally known to me or produced ______________________________ as identification. ________________________________ Notary Public for __________________ My Commission Expires:____________ EXHIBIT A Development Agreement Resolution 13-25: Public Art Locations September 10, 2013 Town Council Meeting Page 1 of 3 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Jared Barnes, Planner II Date: September 10, 2013 Agenda topic: Resolution 13-25: Public Art Locations Background Mr. David Hoffmann, owner of certain properties in East Avon contacted the Community Development Department staff regarding the placement of art work, which he owns, on both Town-owned property and right-of-ways and his own land. In working with Mr. Hoffmann’s consultant, Mark Kihle of Knox Galleries, staff located Resolution No. 02-58 (Attachment A), which governs the approval of new public art at existing locations as well as improvements related to the placement of new art pieces. Staff determined that a Minor Design and Development Plan application would be required for both private and public locations to permit the Planning and Zoning Commission (PZC) to review and approve the improvements related to the siting of new public art pieces. Discussion Resolution No. 02-58 ratifies Areas of Public Art (including statuary) that are identified on “Exhibit A to Resolution No. 02-58” and specifically authorizes the Avon Arts Council to “continue to maintain and rotate art at these locations. Furthermore, it states that all public art not identified on “Exhibit A to Resolution No. 02-58” shall be removed no later than July 1, 2003 and that the Avon Arts Council shall notify the Town of Avon of all plans and intentions to change, relocate or add public art at existing approved locations. Finally, it authorizes the PZC to review specific siting, lighting, landscaping and design and construction of any pads, pedestals, platforms or bases related to the location of public art (including statuary). However, Resolution 02-58 did not specifically identify the review authority to establish new public art locations. The Avon Arts Council has not been active in rotating art work, maintaining existing artworks or adding new art pieces to existing approved locations, and it is staff’s understanding the Council is no longer in existence. For the purposes outlined in Resolution 02-58, it would be reasonable that with the absence of the Avon Arts Council, the authorities of the Arts Council would revert to the Avon Town Council until such time as the Town Council delegates these duties to another body. Staff is recommending that Resolution 02-58 be repealed and a new resolution be adopted to re-ratify the existing art locations as well as more accurately define review authority and body for art in public places. Pursuant to the Avon Municipal Code, PZC has been delegated by the Town Council as the Design Review authority, and appropriately the review of public art improvements and establishment of new locations should fall under their discretion. Therefore, Resolution 13-25 (Attachment B) proposes to repeal Resolution 02-58, while still carrying forward many of the procedures identified therein. Resolution 13-25 reaffirms the existing public art locations as well as authorizes the PZC to review new public art locations. It carries forward the requirement for the PZC to review specific siting, lighting, landscaping and design and construction of any Resolution 13-25: Public Art Locations September 10, 2013 Town Council Meeting Page 2 of 3 pads, pedestals, platforms or bases, but instead of referring their review to the “Town of Avon Streetscape Design Guidelines” it refers the review to Title 7, Development Code. Staff has reviewed Title 7, Development Code, as well as the Comprehensive Plan and East Town Center District Plan and has identified the following Policies and Design Standards related to Public Art that the PZC will use to analyze public art requests: • Comprehensive Plan Goals and Polices that are related to public art: Policy D.1.4: Create a unified and cohesive physical framework and community image by ensuring compatible building orientation, scale, massing, siting, street alignments, streetscape furnishings, signage, lighting, etc. Policy D.2.1: Beautify the town with street trees, sidewalks, landscaping and public art. Policy D.3.5: Develop a plan for appropriate community-wide art installations. Policy D.3.6: Maintain existing elements that contribute or reflect the heritage of the community and include forms and materials that reflect this heritage in new designs. Policy E.3.9: Identify and honor cultural and heritage sites with elements such as museums, interpretive parks, markers, memorials, fountains, sculptures, statues, signage, banners, informational kiosks, public art, and/or flags. • The East Town Center District Plan identifies the following planning principals related to public art: 1. Incorporate civic art into public infrastructure projects such as bridges, transit systems, highways, roadways, or water features. 2. Work with surrounding landowners to implement a rich streetscape pattern that will complement The West Town Center District. • The Development Code identifies the following design standards for mixed-use and non- residential buildings: (B) Architectural features which create compatible design include, but are not limited to, the following: (1) Overhangs, (2) Canopies or porticos, (3) Recesses/projections, (4) Arcades, (5) Raised corniced parapets over the entrance, (6) Peaked roof forms, (7) Arches, (8) Outdoor patios, (9) Tower elements (at strategic locations), (10) Display windows, (11) Integral planters that incorporate landscaped areas or seating areas, and (12) Public art/sculptures. (vii) Storefronts and Pedestrian Entrances. When transparency is in conflict with internal functions of the building, other means shall be used to activate the street facing facades such as public art, architectural ornamentation or details, or color patterns. Resolution 13-25: Public Art Locations September 10, 2013 Town Council Meeting Page 3 of 3 Council Action If the Council is satisfied with the Planning and Zoning Commission’s authority to review new public art locations, Resolution 13-25 should be considered for passage. This will clarify the review of the current request for additional statuary art pieces in the East Town Center District, some of which would be located on Town property. Attachments: A: Resolution 02-58 B: Resolution 13-25 TOWN OF AVON, COLORADO RESOLUTION NO. 02-58 SERIES OF 2002 A RESOLUTION RATIFYING CERTAIN PUBLIC ART (INCLUDING STATUARY) LOCATIONS WITHIN THE TOWN OF AVON AND SETTING FORTH REVIEW AND DESIGN CONSIDERATIONS FOR ALL FUTURE ART LOCATIONS WHEREAS, there is consensus between Town Council and the Planning and Zoning Commission that public art (including statuary) in Avon is desired and beneficial to the Town and requires review and collaboration between the Town and the Avon Arts Council; and WHEREAS, existing public art locations should be formally acknowledged by the Town as appropriate locations and designated as noted on the map labeled "Exhibit A"; and WHEREAS, potential new future public art locations shall be formally reviewed and designated by the Town; and WHEREAS, the Town shouldauthorize the Avon Arts Council to rotate artwork among existing approved and improved locations and to establish new locations with the requirement that the Planning and Zoning Commission review and approve how the public art (including statuary) is installed, which includes the specific location(s) and placement(s), the appearance of pedestals, bases and pads so as to conform with Town streetscape design guidelines, landscaping and lighting. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that locations noted on the map labeled "Exhibit A", attached hereto and incorporated herein by this reference, are recognized and ratified as Areas of Public Art (including statuary) that.shall be so permitted to continue to maintain and rotate public art as complies with the terms outlined in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THETOWN COUNCIL OF THE TOWN OF AVON; COLORADO: 1'. That certain locations noted on the map labeled "Exhibit A" attached hereto and incorporated hereon by this reference, are recognized and ratified as Areas of Public Art including statuary) that the Avon Arts Council shall be permitted to continue to maintain and rotate public art, as complies with the terms outlined in this resolution, at these locations; and 2. That all public art (including statuary) located in any area other than those appearing on Exhibit A" shall be removed from those locations, and the locations restored to their prior condition, not later than July 1, 2003 and that the Town of Avon and the Avon Arts Council will cooperate in accomplishing this requirement; and lATown Clerk\Council\Resolutions\Misc\Resolution No. 02-58 Art in Public Places.doc Attachment A That the Town of Avon requires prior notification by the Avon Arts Council of any and all plans and intentions to change, relocate or add public art (including statuary) at existing approved locations and that the Planning and Zoning Commission approve these plans with respect to the same aspects as for new locations; and 4. That all existing approved-location lighting, landscaping, pedestals, platforms,, bases and pads shall be improved so as to conform to Town of Avon. Streetscape Design Guidelines with review and approval by the Planning and Zoning Commission not later than July 1, 2003; and 5. That all future proposed new public art (including statuary) locations be approved by the Planning and Zoning Commission with respect to specific siting, lighting, landscaping and design and construction of any pads, pedestals, platforms or bases. ADOPTED THIS . tQ DAY OF 2002. OF 4.&0--\R k7 tlJ A L ATTEST: To Cler TOWNCOUNCIL TOWN OF AVON, COLORADO auj-cj~, Mayor IATown Clerk\Council\Resolutions\Misc\Resolution No. 02-58 Art in Public Places.doc Attachment A O' V v v 1 1 0 o~ y O ao oa PC PC 0 PC a a r x 1 r TOF a T~ S 1 M IC O i Q a L~ V I F ti e x+ l S~ a 4W - c Attachment A Sun Road/Avon Road Intersection (Multiple Statues) i~PCd CStrlan Mall (Tract ~ aG- Downhill Skier") - f` . Rougdabout 3 - Rite of Passage (Statue) r. , & NW Corner (Bear Display Statue) Attachment A TOWN OF AVON RESOLUTION NO. 13-25 Series of 2013 A RESOLUTION REPEALING RESOLUTION NO. 02-58, RATIFYING CERTAIN PUBLIC ART LOCATIONS WITHIN THE TOWN OF AVON AND SETTING FORTH REVIEW AND DESIGN CONSIDERATIONS FOR ALL FUTURE PUBLIC ART LOCATIONS WHEREAS, the Town of Avon (“Town”) adopted Resolution No. 02-58 ratifying certain public art (including statuary) locations within the Town of Avon and setting forth review and design considerations for all future art locations; and WHEREAS, Resolution No. 02-58 authorized the Avon Arts Council to rotate artwork among existing approved and improved locations and to establish new locations; and WHEREAS, Resolution No. 02-58 authorized the Planning and Zoning Commission to review and approve how the public art (including statuary) is installed, which includes the specific location(s) and placement(s), the appearance of pedestals, bases and pads so as to conform with Town streetscape design guidelines, landscaping, and lighting; and WHEREAS, the Avon Arts Council has not regularly met nor rotated art and is no longer in existence for the purposes outlined in Resolution No. 02-58; and WHEREAS, the Town Council assumes the authority granted to the Avon Arts Council upon their dissolution; and WHEREAS, there is consensus between the Town Council and the Planning and Zoning Commission that public art (including statuary) in Avon is desired and beneficial to the Town and requires review; and WHEREAS, existing public art locations should continue to be formally acknowledged by the Town as appropriate locations and potential new future public art locations shall be formally reviewed and designated by the Town; and WHEREAS, the Planning and Zoning Commission serves as the design review board for the Town including but not limited to providing recommendations on streetscape designs to the Town Council; and WHEREAS, the Town Council finds that the Planning and Zoning Commission is the appropriate review authority for future public art (including statuary) locations; Attachment B NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that: 1. Certain locations noted on the map labeled as “Exhibit A” attached hereto and incorporated herein by this reference are recognized and ratified as “Areas of Public Art (including statuary)”. 2. The Planning and Zoning Commission shall review any request to change, relocate, or add new public art (including statuary) to existing approved locations. 3. The Planning and Zoning Commission shall review any request to add new public art (including statuary) at new proposed locations. 4. The Planning and Zoning Commission shall review all requests to modify existing approved locations as well as new locations with respect to specific siting, lighting, landscaping and design and construction of any pads, pedestals, platforms, and bases subject to Title 7, Development Code, of the Avon Municipal Code. ADOPTED THIS DAY OF , 2013. TOWN COUNCIL TOWN OF AVON, COLORADO Rich Carroll, Mayor ATTEST: Patty McKenny Town Clerk Attachment B This map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Author: JAB, 09/05/13 ^` ^` ^` ^` ^` ^` ^` ^` ^` ^` ^` ^` USHWY6 HURD LN RIVERFRONTLN LAK E S T PRATERRD VILLAGERD SWIFTGULCHRD CHAPELPLAVON RD BEAVER C R E E K BLVD BENCHMARKRD BEAVERC R E E K P L S U N R D PLAZA WAY U S HWY 6 B ENCHMAR K R D TownHall Nottingham Lake Eagle River Harry A. Nottingham Park Exhibit A to Resolution 13-25 970-748-4000 www.avon.org-The Heart of the Valley-I RecCenter 1 21 Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric Heil, Town Attorney RE: Ordinance 13-12 DATE: September 4, 2013 Summary: Attached is Ordinance No. 13-12 which amends portions of Chapter 9.16 concerning possess, use, transfer and sale of marijuana. Ordinance No. 13-12 is presented in order to reconcile the Avon Municipal Code with the constitutional amendments enacted by Amendment 64 legalizing marijuana possession and consumption. Background: Amendment 64 Use and Regulation of Marijuana was approved by the Colorado voters on November 6, 2012 and amends Article XVIII of the constitution of the State of Colorado to establish a new Section 16. Personal use and regulation of marijuana. Avon, as a home rule community, cannot supersede the constitution of the State of Colorado, therefore, Ordinance No. 13-12 is presented to amend those provisions of the Avon Municipal Code which are in conflict with Section 16 of Article VIIII of the Colorado constitution. The full text of Amendment 64 is included with this memorandum for your convenience. Chapter 9.16 of the Avon Municipal Code was previously amended by Ordinance No. 10-12 to reconcile the Avon Municipal Code with the medical marijuana amendment to the Colorado constitution, Article XVIII, Section 14 Medical use of marijuana for persons suffering from debilitating medical conditions. Overview of Changes: Unlawful acts are now defined in their own Section 9.16.070 and include: 1. Possession and use of marijuana for those under 21 years of age. 2. Possession, use and display of more than one ounce of marijuana. 3. Possession and cultivation of more than 6 marijuana plants. 4. Consumption of marijuana in public. 5. Consumption of marijuana on any property without permission of the property owner. 6. The existing code defined cannabis, the proposed revisions incorporate the constitutional definition of marijuana and replaces cannabis with marijuana where applicable. Policy Issues: Council should give consideration to the following policy issues presented in this Ordinance for first reading, including: 1. Consumption of marijuana in public – the proposed language further defines consumption in public to include consumption on Town property, consumption in private vehicles on Town right- of-ways, and consumption in any place or property open to the general public. The language in Sec. 16, Art XVIII, Colo. Const. states in (3)(d) that marijuana consumption is allows for person over 21 “provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.” At this point there is little legal guidance as to how “consumption that is conducted openly or publicly” will be construed; however, it is generally acceptable for municipalities to interpret constitutional provisions so long as the local M EMORANDUM & PLANNING, LLC Avon Town Council Ordinance No. 13-12 Amending Chapter 9.16 September 4, 2013 Page 2 of 2 interpretation is not in direct conflict with the constitutional provision. It is possible for Council to broaden or narrow the interpretation of “consumption that is conducted openly or publicly.” 2. Consuming marijuana on any property without the permission of the property owner – This provision is presented as an unlawful activity in order for the Town to have more specific authority to respond to complaints in the lodging community. Sec. 16, Art XVIII Colo. Const. does not authorize consumption of marijuana on private property without permission of the property owner. Council should consider whether the Town desires the ability to respond to potential complaints at lodging establishments which may prohibit smoking versus taking the position that consumption of marijuana without property owner permission is a civil matter. The Town has adopted regulations for general smoking in Chapter 8.25 which can be helpful and reinforcing but does not capture the nuisance of some hotels which may permit rooms with tobacco smoking but may not permit marijuana consumption (see AMC Sec. 8.25.100(a)(2) allowing smoking in Hotel and Lodging Rooms). 3. Ordinance No. 13-11 Moratorium – If the Avon Town Council adopts regulations permit commercial recreational marijuana and medical marijuana activities, then Avon Municipal Code Sec. 9.12.080 will need to be revised to state that such activities are lawful. Chief Ticer has forwarded Ordinance No. 13-12 to the District Attorney for review and comment. Proposed Action: Approve Ordinance No. 13-12 on first reading. Proposed Motion: “I move to approve first reading of Ordinance No. 13-12 AN ORDINANCE AMENDING CHAPTER 9.16 OF THE AVON MUNICIPAL CODE REGARDING MARIJUANA POSSESSION AND USE.” Attachments: • Ordinance No. 13-12 • Text of Amendment 64 Thanks, Eric Ord 13-12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 1 of 6 TOWN OF AVON, COLORADO ORDINANCE NO. 13-12 SERIES OF 2013 AN ORDINANCE AMENDING CHAPTER 9.16 OF THE AVON MUNICIPAL CODE REGARDING MARIJUANA POSSESSION AND USE WHEREAS, the voters of Colorado approved Amendment 64 by a majority of the votes cast, which amended Article XVIII of the Constitution of the State of Colorado by adding a new Section 16; and WHEREAS, Amendment 64 allows the possession, use, display, purchase or transportation of one ounce or less of marijuana or marijuana accessories by a person twenty-one years of age or older; and WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; and WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of twenty-one years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, it is the Town Council’s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Chapter 9.16. Chapter 9.16 of the Avon Municipal Code is hereby amended to read as follows: A. Section 9.16.060 is repealed in its entirety and reenacted to read as follows: “9.16.060 Marijuana, Marijuana Products and Marijuana accessories defined. Marijuana or marihuana means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, Ord 13-12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 2 of 6 manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. Marijuana or marihuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. Marijuana accessories means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.” B. Section 9.16.070 is repealed in its entirety and reenacted to read as follows: “9.16.070 Unlawful Acts Concerning Marijuana Designated. The following acts are declared to be unlawful and in violation of this Chapter 9.16: (a) Possessing, using, cultivating, selling, distributing, transferring or to attempting to sell, distribute, transfer, obtain or procure marijuana for any person under twenty-one (21) years of age. (b) Possessing, using, displaying, purchasing, or transporting more than one ounce of marijuana. (c) Possessing, growing, processing, or transporting more than six (6) marijuana plants. (d) Consuming marijuana in a manner that is conducted openly and publicly or in a manner that endangers others, including but not limited to consumption on any Town property, Town Hall, Town parks, the Avon Recreation Center, open space lands owned by the Town of Avon, sidewalks, streets (including consumption in private vehicles on Town streets), trails and other public right-of-ways, and consumption in any place or property open to the general public, whether by permission, license, fee, charge or membership. (e) Consuming marijuana on any property without the permission of the property owner.” C. Section 9.16.080 is repealed in its entirety and reenacted to read as follows: “9.16.080 Lawful Acts Concerning Marijuana Designated. The following acts are declared to be lawful: (a) It shall not be unlawful and it shall be an affirmative defense to criminal prosecution under this Section for a medical marijuana patient or primary care-giver, as defined in Section 14 of Article XVIII of the State Constitution, to possess, use and obtain medical marijuana, when such medical marijuana patient or primary care-giver is fully and currently compliant with all applicable state laws, regulations and licensing requirements concerning medical marijuana, provided that such possession or use is not displayed Ord 13-12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 3 of 6 publicly or in a manner which can be seen by the general public, does not occur on property owned or possessed by the Town and does not occur upon property without permission of the property owner. (b) Notwithstanding any other provision of law, the following acts are not unlawful for persons twenty-one (21) years of age or older: (1) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana. (2) Possessing, growing, processing, or transporting no more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. (3) Transfer of one (1) ounce or less of marijuana without remuneration to a person who is twenty-one (21) years of age or older. (4) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others. (5) Assisting another person who is twenty-one (21) years of age or older in any of the acts described in paragraphs (1) through (4) of this subsection.” D. Section 9.16.100 is repealed in its entirety and reenacted to read as follows: “9.16.100 Penalty for Violation. Any person who violates any provision of this Chapter 9.16 is guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the provisions of Section 1.08.010 of this Code.” E. Section 9.16.115 is hereby amended by repealing and adding the following language, which repealed language is depicted with strikethrough and which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: “(a) Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of state law. Drug paraphernalia includes, but is not limited to: (1) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances under circumstances in violation of state law; (2) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances; (3) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana; Ord 13-12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 4 of 6 (4) Blenders, bowls, containers, spoons and mixing devises used, intended for use or designed for use in compounding controlled substances; (5) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances; (6) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances; or (7) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil such as: a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls, b. Water pipes, c. Carburetion tubes and devices, d. Smoking and carburetion masks, e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too short to be held in the hand, f. Miniature cocaine spoons and cocaine vials, g. Chamber pipes, h. Carburetor pipes, i. Electric pipes, j. Air-driven pipes, k. Chillums, l. Bongs, or m. Ice pipes or chillers. (b) Marijuana accessories are excluded from the definition of drug paraphernalia.” F. Section 9.16.119 is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: “A person commits possession of drug paraphernalia if he or she possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of state law. It shall not be unlawful and shall be a defense to prosecution if a person twenty-one (21) years of age or older possesses marijuana accessories.” Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not Ord 13-12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 5 of 6 substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Execution Page Follows] Ord 13-12 Amending Ch. 9.16 Sept. 4, 2013 DRAFT Page 6 of 6 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for September 24, 2013 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on September 10, 2013. ____________________________ Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Patty McKenny, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on September 24, 2013. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: __________________________ Patty McKenny, Town Clerk A m en d m e n t 6 4 U s e a n d R e g u latio n o f M a r ij u an a 1 B a llo t T itle : S h all th ere b e a n a m en d m en t to th e C o lo ra d o c o n stitu tio n 2 co n cern in g m ariju a n a , a n d , in c o n n e c tio n th e re w ith , p r ov id in g f o r th e re g u la tio n 3 o f m a riju a n a ; p e rm ittin g a p e rso n tw e n ty-o n e ye a r s o f a g e o r old e r to c o n s u m e o r 4 p o ssess lim ited a m o u n ts of m a r iju a n a ; p ro v id in g f o r th e lic e n s in g o f c u ltiv a tio n 5 f a c ilitie s , p r o d u c t m an u f a c tu rin g f a c ilitie s , testin g f a c ilitie s , a nd r etail sto re s; 6 p erm ittin g lo cal g o v e r n m e n ts to r e g u late or p ro h ib it s u c h f a c ilities; r e qu irin g th e 7 g e n e ra l assem b ly to e n a c t an e x c ise ta x to b e lev ied u p on w h o le s a le sa le s o f 8 m a riju a n a ; r eq u irin g th a t th e f irst $4 0 m illio n in rev e n u e ra ise d a n n u a lly b y s u c h 9 tax b e cred ite d to t h e p u b lic sch o o l c a p ital c o nstru c tio n assista n c e f u n d ; a n d 10 re q u irin g the g e n e r a l a s s e m b ly to e n a c t le g islatio n go v ern in g th e c u lt iv atio n , 11 p ro c e ssin g , a n d s a le o f in d u s tr ia l h e m p ? 12 T e x t o f M e a su r e : 13 B e it E n a c te d b y th e P e o ple o f th e S ta te o f C o lo r a d o : 14 A rtic le X V III o f th e co n stitu tio n o f th e st a te o f C olo rad o is am e n d e d B Y T H E 15 A D D IT IO N O F A N E W S E C T IO N to rea d : 16 S e c tio n 1 6 . P e r s o n a l u se a n d r e g u la tio n o f m a riju a n a 17 (1 ) P u r p o s e a n d fin d in g s. 18 (a ) IN THE INTEREST OF THE E FFICIENT USE OF LAW ENFORCEMENT 19 RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL 20 FREEDOM, THE PEOPLE OF THE STATE OF C OLORADO FIND AND DECLARE THAT THE 21 USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS OF AGE 22 OR OLDER AND TAXED IN A MANNER SIMILA R TO ALCOHOL. 23 (b ) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OU R 24 CITIZENRY, THE PEOPLE OF THE STATE OF C OLORADO FURTHER FIND AND DECLARE 25 THAT MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL SO 26 THAT: 27 (I) INDIVIDUALS WILL HAVE TO SHOW PROOF OF AGE BEFORE PURCHASING 28 MARIJUANA; 1 1 (II ) S ELLING, DISTRIBUTING, OR TRANSFERRING MARIJUANA TO MINORS 2 AND OTHER INDIVIDUALS UNDER THE AGE OF TWENTY-ONE SHALL REM AIN 3 ILLEGAL; 4 (III) D RIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN 5 ILLEGAL; 6 (IV ) L EGITIMATE, TAXPAYING BUSINESS PEOPLE , AND NOT CRIMIN AL 7 ACTORS, WILL CONDUCT SALE S OF MARIJUANA; AND 8 (V ) M A R IJ UA NA SOLD IN THIS STATE WILL BE LABELE D AND SUBJECT TO 9 ADD ITION AL REGULATIONS TO ENSURE THAT CONSUMERS ARE INFORMED AND 10 PROTECTED. 11 (c ) IN THE INTEREST OF ENACTING RATIONAL POLICIES FOR THE 12 TREATMENT OF ALL VARIATIONS OF THE CANNABIS PLANT, THE PEOPLE OF 13 C OLORA DO FURTHER FIND AND DECLARE THAT INDUSTRIAL HEMP SHOULD BE 14 REGULATED SEPARATELY FROM STRAINS OF CANNABIS WITH HIGHER DELTA-9 15 TETRAHYDROCANNABINOL (T H C ) CONCENTRATIONS. 16 (d ) T HE PEOPLE OF THE STATE OF C OLORADO FURTHER FIND AND DECLARE 17 THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE 18 APPLICATION OF T HIS SECTION THROUGHOUT THE STATE AND THAT, THEREFORE, 19 TH E M ATTERS ADDRESSED BY THIS SECTION ARE, EXCEPT AS SPECIFIE D HERE IN , 20 MATTERS OF STATEWIDE CONCERN. 21 (2 ) D e f in it ion s. A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE 22 REQUIRES, 23 (a ) "C OLORADO M EDICAL M ARIJUANA C ODE " MEA NS ARTICLE 4 3 .3 OF 24 TITLE 1 2 , C OLORADO R EVISED S TATUTES. 25 (b ) "C ONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR OLDER 26 WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS FOR PERSONAL USE BY 27 PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS. 28 (c ) "D EPARTMENT" MEANS THE DEPARTMENT OF REVENUE OR ITS 29 SUCCESSOR AGENCY. 30 (d ) "INDUSTRIAL HEMP" MEANS THE PLANT OF THE GENUS CANNABIS AND 31 ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9 2 1 TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED THREE- 2 TENTHS PERCENT ON A DRY WEIGHT BASIS. 3 (e) "L OCALITY" MEANS A COUNTY, MUNICIPALITY, OR CITY AND COUNTY. 4 (f ) "M ARIJUANA" OR "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF 5 THE GENUS CANNABIS WHETHER GROWING OR NOT, THE SEEDS THEREOF, THE RESIN 6 EXTRACTED FROM ANY PART OF THE PLANT, AND EVERY CO MPOUND, 7 MANUFACTURE, SALT , DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS 8 SEEDS, OR IT S RESIN, INCLUDING MARIHUANA CONCENTRATE. "M ARIJUANA" OR 9 "MARIHUANA" DOES NOT INCLUDE INDUSTRIAL HEMP, NOR DOES IT INCLUDE FIBER 10 PRODUCED FROM THE STALKS, OIL, OR CAKE MADE FROM THE SEEDS OF THE PLANT, 11 STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINAT IO N, O R THE 12 WEIGHT OF ANY OTH E R INGREDIENT COMBINED WITH MARIJUANA TO PREPARE 13 TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT. 14 (g ) "M ARIJUANA ACCESSORIES" MEANS ANY EQUIPMENT, PRODUCTS, OR 15 MATERIALS OF ANY KIND WHICH ARE USED, INTENDED FOR USE, OR DESIGNED FOR 16 USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING, 17 COMPOS TING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING, 18 PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING, 19 STORING, VAPORIZING, OR CONTAINING MARIJUANA, OR FOR INGESTING, INHALING, 20 OR OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY. 21 (h ) "M ARIJUANA CULTIVATION FACILITY" MEANS AN ENTITY LICENSED TO 22 CULT IVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RETAIL 23 MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND 24 TO OTHER MARIJUANA CULTIVATION FACILITIE S, BUT NOT TO CONSUMERS. 25 (i) "M ARIJUANA ESTABLISHMENT" MEANS A MARIJUANA CULT IVATION 26 FA C ILIT Y, A MA R IJ U A N A T E S T IN G F AC ILITY , A M ARIJU AN A PRO DU C T 27 MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE. 28 (j) "M ARIJUANA PRODUCT MANUFACTURING FACILITY" MEANS AN ENTITY 29 LICENSED TO PURCHASE MARIJUANA; MANUFACT URE, PREPARE, AND PACKAGE 30 MARIJUA NA PRODUCTS; AND SELL MARIJUANA AND MARIJUANA PRODUCTS TO 31 OTHER MARIJU ANA PRODUCT MANUFACTURING FACILITIES AND TO RETAIL 32 MARIJUANA STORES, BUT NOT TO CONSUMERS. 33 (k ) "M A RIJUANA PRODUCTS" MEANS CONCENTRATED MARIJUANA 34 PRODUCTS AND MARIJUANA PRODUCTS THAT ARE COMPRISED OF MARIJUANA AND 3 1 OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH AS, BUT 2 NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES. 3 (l) "M ARIJUANA TESTING FACILITY" MEA NS AN ENTITY LICENSED TO 4 ANALYZE AND CERTIFY THE SAFETY AND POTENCY OF MARIJUANA. 5 (m ) "M EDICAL MARIJUANA CENTER" MEANS AN ENTITY LICEN SED BY A 6 STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO 7 SECTION 1 4 OF THIS ARTICLE AND THE C OLORADO M EDICAL M ARIJUANA C ODE. 8 (n ) "R ETAIL MARIJUANA STORE" MEAN S AN ENTITY LICENSED TO 9 PURCHASE MARIJUANA FROM MARIJUANA CULT IVATION FACILITIES AND 10 M ARIJ U A N A A N D M A RIJ U A N A P RO D U CT S FR O M M A RIJ U A N A PRO DU CT 11 MANUFACTURING FACILITIES AND TO SELL MARIJUANA AND MARIJUANA PRODUCTS 12 TO CONSUMERS. 13 (o ) "U NREASONABLY IM PRACTICABLE" MEANS THAT THE MEASURES 14 N E CESSARY TO COMPLY WIT H THE REGULATIONS REQUIRE SUCH A HIGH 15 INVESTMENT OF RISK, MONEY, TIME, OR ANY OTHER RESOURCE OR ASSET THAT THE 16 OPERATION OF A MARIJUANA ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED 17 OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON. 18 (3 ) P e r so n a l u se o f m a riju a n a . N OTWITHSTANDING ANY OTHER PROVISION OF 19 LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE 20 UNDER C OLORADO LAW OR THE LAW OF ANY LOCALIT Y WIT HIN C OLORADO OR BE 21 A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER C OLO RA DO LAW FOR 22 PERSONS TWENTY-ONE YEARS OF AGE OR OLDER: 23 (a ) P OSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING 24 MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA. 25 (b ) P OSSESSING, GROWIN G, PROCESSING, OR TRANSPORTING NO MORE 26 THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING 27 PLANTS, AND POSSESSION OF T HE MARIJUANA PRODUCED BY THE PLANTS ON THE 28 PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES 29 PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, 30 AND IS NOT MADE AVAILABLE FOR SALE. 31 (c ) T RANSFER OF ONE OUNCE OR LESS O F MARIJUANA WITHOUT 32 REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER. 4 1 (d ) C ONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS 2 SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY 3 OR IN A MANNER THAT ENDANGERS OTHERS. 4 (e) A SSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR 5 OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a ) THROUGH (d ) OF THIS 6 SUBSECTION. 7 (4 ) L a w fu l o p era tio n o f m a r iju a n a -r e la t e d fa c ilitie s . N OTWITHSTANDING ANY 8 OTHER PROVISION OF LAW, THE FOLLO WING ACTS ARE NOT UNLAWFUL AND SHALL 9 NOT BE AN OFFENSE UNDER C OLO RADO LAW OR BE A BASIS FOR SEIZURE OR 10 FORFEIT URE OF ASSETS UNDER C OLORADO LAW FOR PERSONS TWENTY-ONE YEARS 11 OF AGE OR OLDER: 12 (a ) M ANUFACTURE, POSSESSION, OR PURCHASE OF MARIJUANA 13 ACCESSORIES OR THE SALE OF MARIJUANA ACCESSORIES TO A PERSON WHO IS 14 TWENTY-ONE YEARS OF AGE OR OLDER. 15 (b ) P OSSESSING, DISPLAYING, OR TRA NSPORTING MARIJUANA OR 16 MARIJUANA PRODUCTS; PURCHASE OF MARIJUANA FROM A MARIJUANA 17 CULTIVATION FACILITY; PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM 18 A MARIJUANA PRODUCT MANUFACTURING FACILITY; OR SALE OF MARIJUANA OR 19 MARIJUANA PRODUCTS TO CONSUME RS, IF THE PERSON CONDUCTING THE 20 ACTIVIT IES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, V ALID 21 LICENSE TO OPERATE A RETAIL MARIJUANA STORE OR IS ACTING IN HIS OR HER 22 CAPACIT Y AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED RETAIL MARIJUANA 23 STORE. 24 (c) C ULTIVATING, HARVESTING, PROCESSING, PACKAGING, TRANSPORTING, 25 DISPLAYING, OR POSSESSING MARIJUANA; DELIVERY OR TRANSFER OF MARIJUANA 26 TO A MARIJUANA TESTING FACILITY; SELLING MARIJUANA T O A MARIJUANA 27 CULT IVATION FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, O R 28 A RETAIL MARIJUANA STORE; OR THE PURCHASE OF MARIJUANA FROM A 29 MARIJUANA CULTIVATION FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIE S 30 DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A C URREN T, VAILD LICENSE TO 31 OPERATE A MARIJUANA CULTIVATION FACILITY OR IS ACTING IN H IS OR HER 32 CAPACIT Y AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA 33 CULT IVATION FACILITY. 34 (d ) P ACKAGING, PROCESSING, TRANSPORTING, MAN UFACTURING, 35 DISPLAYING, OR POSSESSING MARIJUANA OR MARIJUANA PRODUCTS; DELIVERY OR 5 1 TRANSFER OF MARIJUANA OR MARIJUANA PRODUCTS TO A MARIJUANA TESTING 2 FACILITY; SELLING MARIJUANA OR MARIJUANA PRODUCTS TO A RETAIL MARIJUANA 3 STORE OR A MARIJUANA PRODUCT MANUFACTURING FACILITY; THE PURCHASE OF 4 MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; OR THE PURCHASE OF 5 M ARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJU AN A PRO DU C T 6 MANUFACTURING FACILITY, IF THE PERSON C ON DUCTING THE ACTIVIT IES 7 DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICEN SE T O 8 OPERATE A MARIJUANA PRODUCT MANUFACTURING FACILITY OR IS ACTING IN HIS 9 OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA 10 PRODUCT MANUFACTURING FACILITY. 11 (e ) P OSSESSING, CULTIVATING, PROCESSING, REPACKAG ING , STORING, 12 TRANSPORTING, DISPLA YING, TRANSFERRING OR DELIVERING MARIJUANA OR 13 MARIJUANA PRODUCTS IF THE PERSON HAS OBTAINED A CURRENT, VALID LICENSE 14 TO OPERATE A MARIJUANA TESTING FACILITY OR IS ACTING IN HIS OR HER 15 CAPACIT Y AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA 16 TESTING FACILITY. 17 (f ) L EASING OR OTHERWISE ALLOWING THE USE OF PROPERTY OWNED, 18 OCCUPIE D OR CONTROLLED BY ANY PERSON, CORPORATION OR OTHER ENTITY FOR 19 ANY OF THE ACTIVITES CONDUCTED LAWFULLY IN ACCO RDANCE WITH 20 PARAGRAPHS (a ) THROUGH (e) OF THIS SUBSECTION. 21 (5 ) R e g u la t io n o f m a r iju a n a . 22 (a ) N OT LATER THAN JULY 1 , 2 0 1 3 , THE DEPARTMENT SHALL ADOPT 23 REGULATIONS NECESSARY FOR IMPLEM E NTA T ION OF THIS SECTION. S UCH 24 R E G U LA T ION S SH A LL N OT PROH IBIT TH E O PERA T IO N O F M A RIJU A N A 25 ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH REGULATION S THAT MAKE 26 THEIR OPERATION UNREASONABLY IMPRACTICABLE. S UCH REGULATIONS SHALL 27 INCLUDE: 28 (I) P ROCEDURE S FOR THE ISSUANCE, RENEWAL, SUSPENSION, AND 29 REVOCATION OF A LIC EN SE TO OPERATE A MARIJUANA ESTABLISHMENT, WITH 30 SUCH PROCEDURES SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 2 4 OF 31 THE C OLORADO A DMINISTRATIVE P ROCEDURE A CT OR ANY SUCCESSOR 32 PROVISION; 33 (II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES, 34 PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS, WITH 35 THIS UPPER LIM IT ADJUSTED ANNUALLY FOR INFLATION, UNLESS THE DEPARTMENT 6 1 DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS RESPONSIBILITIES 2 UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY THAT IS LICENSED 3 U ND E R THE C OLORADO M EDICAL M ARIJUANA C ODE TO CULTIVATE OR SELL 4 MARIJUANA OR TO MANUFACTURE MARIJUA NA PRODUCTS AT THE TIME THIS 5 SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR A SEPARATE 6 MARIJUANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO PAY AN 7 APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY FOR A 8 LICENSE TO OPERATE A M ARIJUANA ESTABLIS HMENT IN ACCORDANCE WITH THE 9 PROVISIONS OF THIS SECTION; 10 (III) Q UALIFICATIONS FOR LICENSURE THAT ARE DIRECTLY AND 11 DEMONSTRABLY RELATED TO THE OPERATION OF A MARIJUANA ESTABLISHMENT; 12 (IV ) S ECURITY REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS; 13 (V ) R EQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIJUANA 14 AND MARIJUANA PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY-ONE; 15 (V I ) L ABELIN G REQUIREMENTS FOR MARIJUANA AND MARIJUANA 16 PRODUCTS SOLD OR DISTRIBUTED BY A MARIJUANA ESTABLISHMENT; 17 (V I I ) H EALT H AND SAFETY REGULATIONS AND STANDARDS FOR THE 18 MANUFACTURE OF MARIJUANA PRODUCTS AND THE CULTIVATION OF MARIJUANA; 19 (V III)R ESTRICTIONS ON THE ADVERTISING AND DISPLAY OF MARIJUANA 20 AND MARIJUANA PRODUCTS; AND 21 (IX ) C IVIL PENALTIES FOR THE FAILURE TO COMPLY WITH REGULATIONS 22 MADE PURSUANT TO THIS SECTION. 23 (b ) I N ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND ACCOUNTABLE 24 SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF MARIJUANA AND MARIJUANA 25 PRODUCTS IN ACCORDANCE WITH TH IS SUBSECTION, IN ANY COMPETITIVE 26 APPLICATION PROCESS THE DEPARTMENT SHALL HAVE AS A PRIMARY 27 CONSIDERATION WHETHER AN APPLICANT: 28 (I) H AS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJUANA OR 29 MARIJUANA PRODUCTS PURSUANT TO SECTION 1 4 OF THIS ARTICLE AND THE 30 C OLORADO M EDICAL M ARIJUANA C ODE IN THE LOCALITY IN WHICH THE 31 APPLICANT SEEKS TO OPERATE A MARIJUANA ESTABLISHMENT; AND 7 1 (II) H AS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAG RAPH (I), 2 COMPLIED CONSISTANTLY WIT H SECTION 1 4 OF THIS ARTICLE, THE PROVISIONS OF 3 THE C OLORADO M EDICAL M ARIJUANA C ODE AND CONFORMING REGULATIONS. 4 (c) IN ORDER TO ENSURE THAT INDIVIDUAL PRIVA CY IS PROTECTED, 5 NOTWITHSTANDING PARAGRAPH (a ), TH E DEPARTMENT SHALL NOT REQUIRE A 6 CONSUMER TO PROVIDE A RETAIL MARIJUANA STORE WIT H PERS ON AL 7 INFORMATION OTHER THAN GOVERNMENT-ISSUED IDENTIFICATION TO DETERMINE 8 THE CONSUMER’S AGE, AND A RETAIL MARIJUANA STORE SHALL NOT BE REQUIRED 9 TO ACQUIRE AND RECORD PERSONAL INFORMATION ABOUT CONSUMERS OTHER 10 THAN INFORMATION TYPICALLY ACQUIRED IN A FINANCIAL TRANSACTION 11 CONDUCTED AT A RETAIL LIQ UOR STORE. 12 (d ) T HE GENERAL ASSEMBLY SHALL E NACT AN EXCISE TAX TO BE LEVIED 13 UPON MARIJUANA SOLD OR OTHERWISE TRANSFERRED BY A MARIJUANA 14 CULT IVATION FACILITY TO A MARIJUANA PRODUCT MANUFACTURING FACILITY OR 15 TO A RETAIL MARIJUANA STORE AT A RATE NOT TO EXCEED FIFTEEN PERCENT 16 PRIOR TO J ANUARY 1 , 2 0 1 7 AND AT A RATE T O BE DETERMINED BY THE GENERAL 17 ASSEMBLY THEREAFTER, AND SHALL DIRECT THE DEPARTMENT TO ESTABLISH 18 PROCEDURES FOR THE COLLECTION OF ALL TAXES LEVIED. P ROVIDED, THE FIRST 19 FORTY MILLION DOLLARS IN REVENUE RAISED ANNUALLY FROM ANY SUCH EXCISE 20 TAX SHA LL B E CREDITED TO THE P UBLIC SCHOOL C APITAL C ONSTRUCTION 21 A SSISTA NCE F UND CREATED BY ARTICLE 4 3 .7 OF TIT LE 2 2, C .R .S ., OR A NY 22 SUCCESSOR FUND DEDICATED TO A SIMILAR PURPOSE. P ROVIDED FU R T HER, NO 23 SUCH EXCISE TAX SHALL BE LEVIED UPON MARIJUANA INTEND E D FOR SALE AT 24 MEDICAL MARIJUANA CENTERS PURSUANT TO SECTIO N 1 4 OF THIS ARTICLE AND 25 THE C OLORADO M EDICAL M ARIJUANA C ODE. 26 (e ) N OT LATER THAN O CTOBER 1 , 2 0 1 3 , EACH LOCALITY SHALL ENACT AN 27 ORDINANCE OR REGULATION SPECIFYING THE ENTIT Y WITHIN THE LOCALIT Y THAT 28 IS RESPONSIBLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A LIC ENSE TO 29 OPERATE A MARIJUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE 30 LOCALITY AND FOR THE ISSUANCE OF SUCH LIC E NSE S SHOULD THE ISSUANCE BY 31 THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY THE DEPARTMENT 32 TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR BECAUSE OF A FAILURE 33 BY THE D EPARTM ENT TO PROCESS AND ISSUE LICENSES AS REQUIRED BY 34 PARAGRAPH (g ). 35 (f ) A LOCALITY MAY ENACT ORDINANCES O R REGULATIONS, NOT IN 36 CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED 37 PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER 8 1 OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE 2 ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALIT Y 3 IN ACCORDANCE WITH PARAGRAPH (h ) OR (i), SUCH PROCEDURES TO BE SUBJECT 4 TO ALL REQ UIREMENTS OF ARTICLE 4 OF TITLE 2 4 OF THE C OLORADO 5 A DMINISTRATIVE P ROCEDURE A CT OR ANY SUCCESSOR PROVISION; ESTABLISHING 6 A SCHEDULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR 7 MARIJUANA ESTABLISHMENTS, PROVIDED, THE APPLICATION FEE SHALL ONLY BE 8 DUE IF AN APPLICATIO N IS SUBMITTED TO A LOCALITY IN ACCORDANCE WIT H 9 PARAGRAPH (i) AND A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED 10 BY A LOCALITY IN ACCORDANCE WITH PARAGRAPH (h ) OR (i); AND ESTABLISHING 11 CIVIL PENALT IES FOR VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING 12 THE TIME, PLACE, AND MA NN E R OF A MARIJUANA ESTABLISHMENT THAT MAY 13 OPERATE IN SUCH LOCALITY. A LOCALITY M AY PROHIBIT THE OPERATION OF 14 MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING 15 FACILITIE S, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES 16 THR OUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR 17 REFERRED MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO 18 PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA 19 PRODUCT MANUFA CTURING FACILITIES, MARIJUANA TESTING FACILITIE S, OR 20 RETA IL MARIJUANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT 21 DURING AN EVEN NUMBERED YEAR. 22 (g ) E ACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A 23 M ARIJUANA ESTABLISHMENT SHALL BE SUBMITTED TO THE DEPARTMENT. T H E 24 DEPARTMENT SHALL: 25 (I) B EGIN ACCEPTING AND PROCESSING APPLICATIONS ON O CTOBER 1, 201 3; 26 (II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND HALF OF 27 THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH THE APPLICANT DESIRES 28 TO OPERATE THE MARIJUANA ESTABLISHMENT; 29 (III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN FORTY-FIVE 30 AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION UNLESS THE DEPARTMENT 31 FINDS THE APPLICANT IS NOT IN COMPLIA NCE WIT H REGULATIONS ENACTED 32 PURSUANT TO PARAGRAPH (a ) OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT 33 LOCALITY THAT THE APPLICA NT IS NOT IN COMPLIANCE WITH ORDINANCES AND 34 REGULATIONS MADE PURSUANT TO PARAGRAPH (f ) AND IN EFFECT AT THE TIM E OF 35 APPLICATION, PROVIDED, WHERE A LOCALIT Y HAS ENACTED A NUMERICAL LIMIT 36 ON THE NUMBER OF MARIJUANA ESTA BLIS HMENTS AND A GREATER NUMBER OF 37 APPLICANTS SEEK LICENSES , TH E DEPARTMENT SHALL SOLICIT AND CONSIDER 9 1 INPUT FROM THE LOCALITY AS TO THE LOCALITY’S PREFERENCE OR PREFERENCES 2 FOR LICENSURE; AND 3 (IV ) U PON DENIAL OF AN APPLICATION, NOTIFY THE APPLICANT IN WRITING 4 OF THE SPECIFIC REASON FOR ITS DENIAL. 5 (h ) IF THE DEPARTMENT DOES NOT ISSUE A LICENSE TO AN APPLICANT 6 WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH 7 PARAGRAPH (g ) AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON 8 FOR ITS DENIAL, IN WRIT ING A ND W ITH IN SUCH TIM E PERIOD, OR IF THE 9 DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a ) AND HAS 10 ACCEPTED APPLICATIONS PURSUANT TO PARAGRAPH (g ) BUT HAS NOT ISSUED ANY 11 LICENSES BY JANUARY 1 , 20 1 4 , T HE APPLICANT MAY RESUBMIT ITS APPLICATION 12 DIRECTLY TO THE LOCALITY , P URSUANT TO PARAGRAPH (e ), AND THE LOCALITY 13 MAY ISSUE AN ANNUAL LICENSE TO T HE APPLICANT. A LOCALITY ISSUING A 14 LICENSE TO AN APPLICANT SHALL DO SO WIT HIN NINETY DAYS OF RECEIPT OF THE 15 RESUBMITTED APPLICATIO N UNLESS THE LOCALITY FINDS AND NOTIFIES THE 16 APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND 17 REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT AT THE TIME THE 18 APPLICATION IS RESUBMITTED AND THE LOCALITY SHALL NOTIFY THE DEPARTMENT 19 IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION 20 IS SUBMITTED TO A LOCALITY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL 21 FORWARD TO THE LOCALITY THE APPLICATION FEE PAID BY THE APPLICANT TO THE 22 DEPARTMENT UPON REQUEST BY THE LOCALITY. A LICENSE ISSUED BY A LOCALITY 23 IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT 24 AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g ) 25 AND THE HOLDER OF SUCH LICENSE SHALL N OT BE SUBJECT TO REGULATION OR 26 ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE. 27 A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON 28 AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE LOCALIT Y OF A NEW 29 APPLICATION SUBMIT TED TO THE DE PA R T MENT PURSUANT TO PARAGRAPH (g ). 30 N OTHING IN THIS PARAGRAPH SHALL LIM IT SUCH RELIEF AS MAY BE AVAILABLE TO 31 AN AGGRIE VED PARTY UNDE R SECTION 2 4-4 -1 0 4 , C .R .S ., OF THE C OLORADO 32 A DMINISTRATIVE P ROCEDURE A CT OR ANY SUCCESSOR PROVISION. 33 (i) IF THE DEPARTMENT DOES NOT ADOPT REGULATION S REQUIRED BY 34 PARAGRAPH (a ), AN APPLICANT MAY SUBMIT AN APPLICA T IO N D IRECTLY TO A 35 LOCALITY AFTER O CTOBER 1 , 2 0 1 3 AND THE LO C ALITY MAY ISSUE AN ANNUAL 36 LICENSE T O T HE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT 37 SHALL DO SO WIT HIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT 38 FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE 10 1 WITH ORDINANCES AND REGULATIONS MADE PURSUA NT TO PARAGRAPH (f ) IN 2 EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE DEPARTMENT IF AN 3 ANNUAL LICENSE HAS BEEN ISSUED TO THE A PP LICANT. A LICENSE ISSUED BY A 4 LOCALITY IN ACCORDANCE WIT H THIS PARAGRAPH SHALL HAVE THE SAME FORCE 5 AND EFFECT AS A LICENSE ISSUED BY THE DEP ARTM E NT IN ACCORDANCE WITH 6 PARA GRAPH (g ) AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO 7 REGULATION OR ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT 8 LICENSE. A SUBSEQUENT OR RENEWE D LICENSE MAY BE ISSUED UNDER THIS 9 PARAGRAPH ON AN ANNUAL BAS IS IF THE DEPARTMENT HAS NOT ADOPTED 10 REGULATIONS REQUIRED BY PARAGRAPH (a) AT LE AST NINETY DAYS PRIOR TO THE 11 DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE 12 OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH 13 (a ) B UT H AS NOT, AT LEAST NINETY DAYS AFTER THE ADOPTION OF SUCH 14 REGULATIONS, ISSUED LICENSES PURSUANT TO PARAGRAPH (g ). 15 (j) N OT LATER THAN J ULY 1 , 2 0 1 4 , THE GENERAL ASSEMBLY SHALL ENACT 16 LEGISLATION GOVERNING THE CULTIVATION, PROCESSING AND SALE OF 17 INDUSTRIAL HEMP. 18 (6 ) E m p lo y ers, d r iv in g , m in o rs a n d c o n tr o l of p r op erty . 19 (a ) N OTHING IN THIS SECTION IS INTENDED TO REQUIRE AN EMPLOYER TO 20 P E R MIT OR ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFE R, 21 DISPLAY, TRANSPORTATION, SALE OR GROWING OF MARIJUANA IN THE WORKPLACE 22 OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RE STRICTING THE 23 USE OF MARIJUANA BY EMPLOYEES. 24 (b ) N OTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE 25 INFLUENCE OF MARIJUANA OR DRIVING WHILE IM PAIRED BY MARIJUANA OR TO 26 SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF 27 MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION 28 PREVENT THE STATE FROM ENACTING AND IM POSING PENALT IES FOR DRIVING 29 UNDER THE INFLUENCE OF OR WHILE IM PAIRED BY MARIJUANA. 30 (c ) N OTHING IN T HIS SECTION IS INTENDED TO PERMIT THE TRANSFER OF 31 MARIJUANA, WIT H OR WIT HOUT REMUNERATION, TO A PERSON UNDER THE AGE OF 32 TWENTY-ONE OR TO A LLO W A PERSON UNDER THE AGE OF TWENTY-ONE TO 33 PURCHASE, POSSESS, USE, TRANSPORT, GROW, OR CONSUME MARIJUANA. 34 (d ) N OTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER, 35 SCHOOL, HOSPIT AL, DETENTION FA CILITY, CORPORATION OR ANY OTHER ENTITY 11 1 WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR 2 OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY, 3 TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA 4 ON OR IN THAT PROPERTY. 5 (7) M ed ical m a rijua na pro v is io n s u n a ffe c te d . N OTHING IN THIS SECTION SHALL 6 BE CONSTRUED: 7 (a) T O LIMIT ANY PRIVILE GES OR RIGHTS OF A MEDICAL MARIJUANA 8 PATIENT, PRIMARY CAREGIVER, OR LICENSED ENTIT Y AS PROVIDED IN SECTION 1 4 9 OF THIS ARTICLE AND THE C OLORADO M EDICAL M ARIJUANA C ODE; 10 (b ) T O PERMIT A MEDICAL MARIJUANA CENTER TO DISTRIBUTE MARIJUANA 11 TO A PERSON WHO IS NOT A MEDICAL MARIJUANA PATIE NT; 12 (c ) T O PERMIT A MEDICAL MARIJUANA CENTER TO PURCHASE MARIJUANA 13 OR MARIJUANA PRODUCTS IN A MANNER OR FROM A SOURCE NOT AUTHORIZED 14 UNDER THE C OLORADO M EDICAL M ARIJUANA C ODE; 15 (d ) T O PERMIT ANY MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO 16 SECTION 14 OF THIS ARTICLE AND THE C OLORADO M EDICAL M ARIJUANA C ODE TO 17 OPERATE ON THE SAME PREMISES AS A RETAIL MARIJUANA STORE; OR 18 (e ) T O DISCHARGE THE DEPARTMENT, THE C OLORADO B OARD OF H EALTH, 19 OR THE C OLORADO D EPARTMENT OF P UBLIC H EALTH AND E NVIRONMENT FROM 20 THEIR STATUTORY AND CONSTIT UTIONAL DUTIES TO REGULATE MEDICAL 21 MARIJUANA PURSUANT TO SECTION 1 4 OF THIS ARTICLE AND THE C OLORADO 22 M EDICAL M ARIJUANA C ODE. 23 (8 ) S e lf-ex e c u t in g , sev era b ility , c o n flic t in g p r ov isio n s. A LL PROVISIONS OF 24 THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE SEVERABLE, 25 AND, EXCEPT WHERE OTHERWISE IND ICA T E D IN THE TEXT, SHALL SUPERSEDE 26 CONFLICTING STATE STATUTORY, LOCAL CHARTER, ORDINANCE, OR RESOLUTION, 27 AND OTHER STATE AND LOCAL PROVISIONS. 28 (9 ) E f f e c t iv e d a te . U NLESS OTHERWISE PROVIDED BY THIS SECTION , A LL 29 PROVISIONS OF THIS SECTION SHALL BECOME EFFE C T IV E UPON OFFICIAL 30 DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR, 31 PURSUANT TO SECTION 1 (4 ) OF ARTICLE V . 12 1 | Page + TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Patty McKenny, Assistant Town Manager Date: September 5, 2013 Agenda Topic: Appointment of Town of Avon Board of Director to fill vacancy for the Buffalo Ridge Affordable Housing Corporation, EagleBend Affordable Housing Corporation and Eaglebend Dowd Affordable Housing Corporation The Town Council will need to appoint a new director to each of the three housing boards that provide oversight to several affordable housing projects sponsored by the Town. The Town has been involved for many years with these three separate Colorado Non Profit Corporations that were formed to acquire property in order to provide affordable housing facilities for the benefit and on behalf of the Town of Avon and its residents as follows:  EagleBend Affordable Housing Corporation (“EBAHC”) oversees the EagleBend Apartments  Eaglebend Dowd Affordable Housing Corporation (“EBDAHC”) oversees the Kayak Crossing Apartments  Buffalo Ridge Affordable Housing Corporation (“BRAHC”) oversees the Buffalo Ridge Apartments Former Town Manager Larry Brooks served on each of these boards as a Director. At the request of the Buffalo Ridge Board of Directors, Larry remained on the boards through the closing of the Buffalo Ridge HUD refinance, which occurred in the last 10 days. The Town Council now should consider appointing a new director to represent the Town. Sections 3.2, 3.3 and3.4 of each of the bylaws outline the manner in which vacancies are filled; some highlights from these sections include the following:  The number of directors shall be from 3 to 7 people as determined by the Board of Directors  Directors are elected or reelected at each annual meeting Each director holds office until the next annual meeting  Directors must be at least 18 years old but need not be residents of Colorado There is one difference in that the Buffalo Ridge Bylaws indicate that “one director shall be appointed by the Town of Avon, and the balance of the board of directors shall be elected or reelected by the board of directors at each annual meeting, with 15 days advance notice to the Town of Avon of any new director. If the Town of Avon does not object to any such director within such 15-day period, it shall be deemed to have confirmed the appointment”. I spoke with Gerry Flynn about this discrepancy and he noted that it has been the intent and practice of each of the other Boards to appoint an Avon representative as recommended by the Town Council to both the EBAHC and EBDAHC boards. Currently, Gerry Flynn, Jeff Spanel, Craig Ferraro, Michele Evans, and Larry Brooks serve as directors on all three boards. The Town Council could appoint a Council member, Town Manager or community member. If Council wants to pursue a community member, a public notice inquiry could be advertised. The only qualification identified is that a director must be at least 18 years old. This agenda item has been included as an action item, but further direction on how to proceed may also be appropriate. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 13, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.13 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 4 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Finance Director Scott Wright, Senior Planner Matt Pielsticker and Planner II Jared Barnes, Town Engineer Justin Hildreth, as well as other staff members and the public. 2. APPROVAL OF AGENDA Mayor Carroll requested the addition to the executive session of a personnel matter for the town manager performance review. 3. EXECUTIVE SESSION Mayor Carroll moved to meet in Executive Session for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 and personnel matters related to the Town Manager’s evaluation pursuant to Colorado Revised Statute §24-6- 402(4)(F). Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny. The executive session was adjourned at 5:40 pm and Mayor Carroll noted that the meeting now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. 5:30 PM A VON L IQUOR AUTHORITY MEETING (MINUTES COMPLETED SEPARATELY) 5:45 PM REGULAR MEETING RECONVENES 1. PUBLIC COMMENT There were no comments at this time. 2. ACTION ITEMS 2.1. Amendment 64 Use and Regulation of Marijuana 2.1.1. Amendment 64: Review of Town Responsibilities and State of Colorado Actions (Sam Mamet, Executive Director, CML) Information was presented about CML services, state topics of concern and federal topics of concern by Sam Mamet. He also presented a number of topics related to the implementation of Amendment 64, including information about the financial and regulatory considerations. Michael Cacioppo, resident, made comments about CML and it endorsements of tax increases. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 13, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.13 Minutes Page 2 2.1.2. First Reading of Ordinance No. 13-11, Series of 2013, Ordinance establishing A Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing and Testing Facilities, Retail Marijuana Stores and Marijuana Clubs (Patty McKenny, Assistant Town Manager) There was information presented regarding Amendment 64 and the constitutional requirement for local jurisdictions to decide about the licensing of retail marijuana centers and related services. After some information was provided per the outline in the council packet memo, Mayor Carroll opened the floor for public input which was provided as follows:  Murphy Murray spoke in support of continuing to gather education about Amendment 64 prior to making any final decisions.  Gerry Olsen, resident, supported the licensing of marijuana centers and spoke about some of the financial impacts related to medical marijuana centers.  Michelle Stecker, Eagle River Youth Coalition, presented information about their position in opposing any licensing of retail marijuana centers.  Michael Cacioppo, resident, inquired about the federal conflict with the state on the matter After some further discussion about the options for either prohibiting the licensing or setting forth a timeframe for the moratorium, several members expressed concern about the licensing of the establishments in Avon. There was recognition that the Avon voters passed the measure by 72%, and thus possibly the need to take the wait and see approach before making any final decisions. It was also suggested that the town consider lessening the moratorium timeframe or taking a more proactive approach to reviewing and licensing the medical marijuana businesses. There were some concerns expressed by Chief Ticer about the public safety aspect of the retail marijuana use and licensing. There were some procedural questions addressed in terms of the ordinance that would prohibit the centers vs the moratorium option with the current ordinance. It was requested that a timeline be presented to Council at the next meeting showing when topics would be presented. Mayor Pro Tem Goulding moved to approve Ordinance No. 13-11, Series of 2013, Ordinance establishing A Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing and Testing Facilities, Retail Marijuana Stores and Marijuana Clubs. Councilor Dantas seconded the motion and it passed with a six to one with a roll call vote (Mayor Carroll –nay). Councilor Wolf addressed the topic of the edibles noting that it would be very important to educate children about these items. It was noted that a public hearing would be required at second reading of the ordinance on August 27, 2013. 2.2. Recreation Center Phase 2 Expansion and Recreational Amenities 2.2.1. Update – Estimated Costs for Construction and O&M; Activity Programming The Town Manager presented the topic with a review of some highlights from the proposal as follows  Summary of Amenities for Phase 2 Expansion of Recreation Center  Parking Analysis by Town Engineer  Rec Center Expansion Operation & Maintenance (reviewed El Jebel’s proforma for their new facility)  Playground Improvements: reviewed Pedro Campos proposal and budget estimate of $770K  Irrigation Ditch Enhancements TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 13, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.13 Minutes Page 3  Ice Rink Options for upper field; some discussion ensued about lake ice vs. creating an ice rink to support an active programming of the ice  Upper Field Upgrade Options with discussion about turf surface for soccer field  Restrooms Renovation  Programming Opportunities were highlighted  Phase II Bond Proceeds; Mill Levy and Monthly Rates Mayor Carroll asked for Public input at this time:  John Dunn, representing Eagle Valley Library District, spoke about some of the important issues for the Library and requested that they be at the table for future planning and discussions.  Michael Cacioppo, Avon resident, had further inquiries about the financing  Mayor Carroll read resident Kristi Ferraro’s letter into the record at this time (8:31 pm). There was a question presented by Michael Cacioppo about an interaction between Mayor Carroll and Councilor Evans. Council Evans noted that h is comment was about not wanting to expose any content discussed in an earlier executive session conversation. 2.2.2. Review of an Unlimited Tax General Obligation Voter Question for the November 5, 2013 Ballot (Scott Wright, Finance Director, and Jonathon Heroux, Piper Jaffray) Both Jonathan Heroux and John Britz were present to comment on next steps following a ballot question approval, in terms of the financing and related question as well as the campaigning of the ballot proposal by the town and elected officials. There were discussions about numerous topics related to the financing as follows:  what can town do to minimize subsidy to rec center ;  what would a parking structure cost at rec center location  would revs match the expenditure on this expansion  Questions the return on investment on the gym space  Would prefer a business model approach There were Council comments pertaining to the proposal details and all agreed that community input would be very helpful on this topic. There was Council support to move the question to the voters in November and to the next agenda for further consideration. 2.2.3. Action on IGA with Eagle County for Participation in November 5, 2013 Coordinated Mail Ballot Election (Patty McKenny, Assistant Town Manager) The IGA was presented noting that the November election would be administered as a coordinated mail ballot only election. Councilor Fancher moved to approve the IGA with Eagle County for Participation in November 5, 2013 Coordinated Mail Ballot Election; Councilor Evans seconded the motion and it passed unanimously. 2.3. Resolution 13-22, Series of 2013, Resolution Approving the Execution and Delivery by Kayak Affordable Housing Corporation of a Mortgage Loan and Subordinate Notes (Gerry Flynn, Polar Star Properties, Calvin Hanson, Sherman and Howard) Councilor Chris Evans stepped down at this time due to a conflict of interest. There was a brief presentation by both Gerry Flynn and Calvin Hanson on the refinancing. There was information presented about the project summary, current refunding terms, and financial statements for the TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 13, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.13 Minutes Page 4 project. The refinancing details were outlined in the council memo presented by Sherman and Howard. After some discussion, Mayor Pro Tem Goulding moved to approve Resolution number 13-22, Series 2013, and to approve the issuance by EagleBend Dowd Affordable Housing Corporation of a second series of bonds to be titled Multifamily Housing Project Refunding Revenue Bonds, Series 2013A-1. The Series 2013A-1 Bonds shall: (i) not exceed S150,000 in principal amount, (ii) mature no later than September 1, 2016, (iii) bear interest at a rate of not more than 4.75%, (iv) be purchased by First Bank or one of its affiliates, and (v) be in such form as prescribed in the 2013 Indenture. The blended interest rate between the Series 2013A-1 and 2013A-2 will not exceed 3.2%. Councilor Fancher seconded the motion and it passed unanimously by those voting (Councilor Evans abstained due to conflict of interest). Councilor Wolf joined the meeting by telephone at this time. 2.4. Revised Resolution 13-17, Series of 2013, Resolution Approving the Execution and Delivery By Buffalo Ridge Affordable Housing Corporation of a Mortgage Loan and Subordinate Notes; Authorizing Subordinate Notes Principal in an Amount not to exceed $850,000 and Authorizing Incidental Action for the Buffalo Ridge Affordable Housing Corporation HUD Refinance (Gerry Flynn, Polar Star Properties) Councilor Evans remained out of the meeting room for this conversation due to a conflict of interest. Gerry Flynn presented this Resolution noting that the Buffalo Ridge Affordable Housing Corporation refinance closing was postponed and the interest addition required an amendment that addressed a not to exceed amount of $850K per this resolution. Mayor Pro Tem Goulding moved to approve Resolution 13-17, Series of 2013, Resolution Approving the Execution and Delivery By Buffalo Ridge Affordable Housing Corporation of a Mortgage Loan and Subordinate Notes; Authorizing Subordinate Notes Principal in an Amount not to exceed $850,000 and Authorizing Incidental Action for the Buffalo Ridge Affordable Housing Corporation HUD Refinance. Councilor Reynolds seconded the motion and it passed unanimously by those voting (Councilor Evans abstained due to conflict of interest). 2.5. First Reading for Ordinance No. 13-10, Series of 2013, Ordinance authorizing the execution and Delivery of a State & Municipal Lease/Purchase Agreement dated August 27, 2013 between the Town of Avon and Commerce Bank to purchase a loader, forklift and sander pursuant to the Exhibit A of such Agreement (Scott Wright, Finance Director) Councilor Chris Evans returned to the meeting at this time. The presentation included a review of the types of purchases that would be made through the capital lease financing program in the amount of $175,326 to be amortized over a five-year term with semi-annual payments at an interest rate of 1.77%. Councilor Evans moved to approve Ordinance No. 13-10, Series of 2013, Ordinance authorizing the execution and Delivery of a State & Municipal Lease/Purchase Agreement dated August 27, 2013 between the Town of Avon and Commerce Bank to purchase a loader, forklift and sander pursuant to the Exhibit A of such Agreement. Mayor Pro Tem Goulding seconded the motion and it passed unanimously. 2.6. Review and Action on Railroad Bridge Trestle, Wings and Columns Refurbishment in the Amount of $98,107 with Monies being provided from the Capital Projects Fund (Virginia Egger, Town Manager) Councilor Evans presented a potential conflict of interest on this topic noting that he has had conversations with the developer, the Hoffman group, and that there may be a potential future relationship between his company and theirs. After some discussions, Councilor Evans decided to step TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 13, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.13 Minutes Page 5 down at this time. Michael Cacioppo noted that even if there is an appearance, elected officials should step down. Mayor Pro Tem Goulding stepped down at this time to avoid any appearance of conflict of interest. Town Manager Virginia Egger reviewed the town’s CIP program and a request to make improvements to the bridge façade along Avon Road which would complement some of the improvements being made on the East A von properties by new owners Hoffman Properties. After some discussion about the use of the funds for this project, a motion was made by Councilor Dantas to approve the enhancements to the bridge and provide funding in the amount of $98,107 from the CIP Fund. Councilor Wolf seconded the motion and it passed unanimously by those voting (Mayor Pro Tem Goulding and Councilor Evans abstained due to conflict of interest). 2.7. Public Hearing on Second Reading of Ordinance 13-09, Series of 2013, Ordinance Amending Title 7 of the Avon Municipal Code, including General Procedures, Planned Unit Development Amendments, Natural Resource Protection Standards, and Engineering Improvement Standards (Matt Pielsticker, Senior Planner) Both Councilor Evans and Mayor Pro Tem Goulding returned to the meeting at this time. There was a review of the revisions made from first reading by Matt Pielsticker, such as 1) the increase to the findings of fact timeframe, 2) changes to requirements in processing PUD Amendments, 3) changes to requirements in processing Minor Subdivisions. Mayor Carroll opened the public hearing, no comments were made, the hearing was closed. Mayor Pro Tem Goulding moved to approve Ordinance 13-09, Series of 2013, Ordinance Amending Title 7 of the Avon Municipal Code, including General Procedures, Planned Unit Development Amendments, Natural Resource Protection Standards, and Engineering Improvement Standards on second reading. Councilor Dantas seconded the motion and it passed unanimously. 3. VILLAGE AT AVON 3.1. Action on Resolution No. 13-23, Series of 2013, a Resolution approving several documents related to the Village (at Avon) Litigation Settlement, including: the Access Easement Agreement; the Amended and Restated Nottingham Dam Easement and Assignment Agreement; the Partial Assignment of Amended and Restated Conveyance of Roadways, Parkland and Easements; and, the Revocable License Agreement for Snow Storage Councilor Jake Wolf was no longer participating in the meeting. There was a review of the documents included in Resolution No. 13-23 as follows:  Access Easement Ag reement with some discussion provided about r evisions related to the telecommunication lines.  Amended & Restated Nottingham Dam Easement Agreement with some discussion about the town’s financial maintenance obligations with some discretion allowed through the annual appropriation process.  Revocable License Agreement for Snow Storage with discussion about the revised document.  Partial Assignment of Amended and Restated Conveyance of Roadways, Parkland and Easements with discussion about EXECUTIVE SESSION CONVENED AT 10:35 PM UNTIL 10:40 PM Mayor Carroll moved to meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 13, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.13 Minutes Page 6 Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316. Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those present (Councilor Wolf absent). Mayor Carroll noted that the discussion was confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny. Councilor Jake Wolf was absent. The executive session was adjourned 10:40 pm and Mayor Carroll noted that the meeting now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. Councilor Evans moved to approve Resolution No. 13-23, Series of 2013, a Resolution approving several documents related to the Village (at Avon) Litigation Settlement, including: the Access Easement Agreement with the addition of 2 words “telephone lines and cable lines; the Amended and Restated Nottingham Dam Easement and Assignment Agreement; the Partial Assignment of Amended and Restated Conveyance of Roadways, Parkland and Easements; and, the Revocable License Agreement for Snow Storage with the substantive change in section 3.3 deleting the newly inserted language starting with the word “for clarification, etc” and other grammatical corrections as discussed. Councilor Fancher seconded the motion and it passed unanimously by those present (Councilor Wolf absent). 3.2. Settlement Update (Eric Heil, Town Attorney) There was an update presented by the Town Attorney related to the Water Tank Project with a draft of a letter reviewed that would address a funding gap proposal for the project. The draft document was read into the record by the Town Attorney. After some discussion, Councilor Dantas moved to approve and send the letter dated August 14, 2013 from the Town Attorney to all parties involved in the Village (at Avon) settlement process regarding the Water Storage Tank Funding with the addition of language 1) a reference in #3 to “respectfully request, and 2) the addition of #5 to include the notation for Eric Jorgensen’s email dated August 13, 2013. Councilor Evans seconded the motion and it passed unanimously by those present (Councilor Wolf absent). 3.3. Review of Utility Road (or Haul Access Road) Alignment for Grading Permit and Possible Retaining Wall Permit It was noted that a grading permit is approved at a staff level; the code doesn’t require council approval. Some discussion ensued about how to process such permit so that the town council would be aware of what would be built. 3.4. Review of Taxable Bond Structure through 2030 and Status of Bond Documents There was nothing further to add to this item as there is continued analysis going on and another update would be included at the next meeting. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 13, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.13 Minutes Page 7 4. Town Appointment to the Colorado Municipal League’s Policy Committee (Virginia Egger, Town Manager) After some discussion, Councilor Evans moved to appoint Councilor Jake Wolf to the CML Police Committee and Town Manager Virginia Egger as the alternate. Councilor Fancher seconded the motion and it passed unanimously by those present (Councilor Wolf absent). 5. MINUTES FROM JULY 17, 2013 Councilor Dantas moved to approve the July 17, 2013 minutes; Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those present (Councilor Wolfe absent). 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR AS FOLLOWS: 6.1. ECO Board Meeting (Buz Reynolds, Councilor) 6.2. UERWA Board Meeting (Todd Goulding, Mayor Pro Tem) 6.3.Channel 5 Meeting Update (Jake Wolf, Councilor) 6.4. 2015 Championship Meeting Update (Jennie Fancher, Councilor) 6.5. EGE Air Alliance Meeting (Rich Carroll, Mayor) 7. COUNCIL COMMENTS There were updates about the West Avon Trail and the USA Pro Cycling Challenge. There being no further business to come before the Council, the regular meeting adjourned at 11:15 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.27 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 4 PM. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, Finance Director Scott Wright, Senior Planner Matt Pielsticker and Planner II Jared Barnes, Town Engineer Justin Hildreth, Interim Recreation Director John Curutchet, as well as other staff members and the public. 2. APPROVAL OF AGENDA Town Attorney Eric Heil requested the addition of language to the executive session as follows: Meet Pursuant to Colorado Revised Statute §24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators, related to discussions about 3.2) engagement of legal service for water attorney, 3.3) retaining independent legal counsel attorney for the investigation of alleged violations of the code of ethics as requested by the public Michael Cacioppo, resident, inquired as to why Executive Sessions were held in between meetings as he thought the community would be served better if these were held at the end of the meeting. 3. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Mayor Carroll moved to meet in Executive Session for the purpose of receiving legal advice pursuant to the following: 3.1. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 3.2. Meet Pursuant to Colorado Revised Statute §24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators related to discussion about engagement of legal services for water attorney 3.3. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) and to meet pursuant to Colorado Revised Statute §24-6 - 402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators related to discussion about retaining independent legal counsel for the investigation of alleged violations of Code of Ethics related to Councilor Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Town Engineer Justin Hildreth. The executive session was adjourned at 6 pm and Mayor Carroll noted that the meeting now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.27 Minutes Page 2 objections at this time; there were no objections. 4. MAYOR COMMENT 4.1 Update on Investigation in regards to Residency and Claims of Impropriety Mayor Carroll spoke about the special May 28th meeting that has been called in order to interview four attorneys which result in the hiring of legal counsel to investigate at the public requests the violations of the code of ethics. He noted the meeting is slated to begin at 5:30 pm. 5. PUBLIC COMMENT There were no comments at this time. 6. ACTION ITEMS 6.1. Public Hearing Second Reading of Ordinance No. 13-11, Series of 2013, Ordinance Establishing a Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing and Testing Facilities, Retail Marijuana Stores and Marijuana Clubs (Patty McKenny, Assistant Town Manager) There was additional information presented on Amendment 64 for consideration of the Ordinance on second reading. Mayor Carroll opened the public hearing with the following public input: 1. Jaime Ariana, resident of Avon, does not support moratorium for either licensing and noted that he should be able to access this kind of business in Avon, he cited numerous reasons in support of licensing this type of business 2. Robert Takata, Eagle Vail resident, presented information in support of licensing these businesses 3. Michelle Stecker, Eagle River Youth Coalition and Avon resident, expressed several concerns about Amendment 64 and licensing these business 4. Dakota Carlson, spoke about the positive medical marijuana impacts expressing her support of licensing in this regard. Mayor Carroll closed the public hearing. Council comments were heard at this time and included some of the following highlights:  Education for kids will be important either way  The town should move forward more quickly with establishing regulations and licensing  Try to create a win-win situation for the town and the residents who supported the measure  Take more time to study the topic, understand the facts and information about all aspects of Amendment 64  Consider asking the public through a vote if there is interest in licensing these establishments Councilor Dantas moved to approve Ordinance No. 13-11, Series of 2013, Ordinance Establishing a Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing and Testing Facilities, Retail Marijuana Stores and Marijuana Club, with an end date of June 1, 2013. Councilor Reynolds seconded the motion and it passed with a six to one vote (Councilor Wolf – nay). It was noted that town legislation should be reviewed no later than May 2014. 6.2. Review and Possible Action on an Unlimited Tax General Obligation Voter Question for the TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.27 Minutes Page 3 November 5, 2013 Ballot for Recreation Center Phase 2 Expansion and Recreational Amenities (Estimated to begin at 6:30 PM) 6.2.1. Review of Facility and Improvements, including Program, Estimated Revenues and Expenditures (Virginia Egger, Town Manager) Councilor Evans raised the conflict of interest topic in light of his role on council and as a contractor. Therefore, he asked whether or not he should step down from the conversation and asked for a council decision about this question and this topic. There was a comment about the fact that there is a bidding process for public sector projects. After some discussion Mayor Carroll moved to determine that there would not be a conflict of interest if Councilor Evans participated in the conversation and vote of 6.2 Review and Possible Action on an Unlimited Tax General Obligation Voter Question for the November 5, 2013 Ballot for Recreation Center Phase 2 Expansion and Recreational Amenities. Councilor Wolf seconded the motion and it passed unanimously by those voting (Mayor Pro Tem Goulding and Councilor Evans abstained). Town Manager Virginia Egger presented another review of some updates on the topic with revised estimates for both construction and programming an expanded facility. She summarized the results from the recent survey conducted at the Recreation Center as overall support for the proposal. 6.2.2. Resolution No. 13-24, Series for 2013, A Resolution of the Town Of Avon Authorizing a Tabor Election on November 5, 2013, Fixing the Ballot Title and Question, and Setting Forth Other Details Relating Thereto (Scott Wright, Finance Director) Scott Wright, Finance Director, noted that the ballot question per TABOR requirements has to ask the question in the manner it was written in terms of continuing the tax, so the question was drafted accordingly. He noted that the grid in the council packet memo shows 3 different terms for financing, 20 -25 -30 years. The language in the ballot proposal shows a financing up to the $12M; the debt issued could be less than that and is determined once some of the plans are formalized. If the question is approved, there would be a process to get input as to what the community would like, interaction on the design and funding of the items. There was a brief presentation given by F rank Rowe, RP Publishing, Inc. about possible campaign strategies. This effort would be done outside of town staff and time. There were some suggestions to include in the language making “park improvements” throughout town; staff noted the question could be changed to reflect that language. Mayor Pro Tem Goulding moved to approve Resolution No. 13-24, Series for 2013, A Resolution of the Town Of Avon Authorizing a Tabor Election on November 5, 2013, Fixing the Ballot Title and Question, and Setting Forth Other Details Relating Thereto. Councilor Evans seconded the motion and it passed with a six to one vote (Councilor Wolf – nay). 6.3. Action on Letter of Engagement with Sherman & Howard Attorney Calvin Hansen for the EagleBend Refinancing (Gerry Flynn, Executive Director EagleBend Housing Corporation) Councilor Evans stepped down at this time due to a conflict of interest. Town Attorney Eric Heil noted a change to the letter in the section of “conflicts of interest” with a recommendation to remove the last sentence. Mayor Pro Tem Carroll moved to approve the Letter of Engagement with Sherman & Howard Attorney Calvin Hansen for the EagleBend Refinancing with change suggested by Town TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.27 Minutes Page 4 Attorney. Mayor Pro Tem Goulding seconded the motion and it passed unanimously by those voting (Councilor Evans abstained due to conflict of interest). 6.4. Action on Request from the Vail Leadership BaseCamp for 1st Annual Corporate Leadership Conference to be held in Avon/Beaver Creek in October (Ross Iverson, General Manager Entrepreneurs BaseCamp) Ross Iverson, Vail Leadership Institute, presented a request for sponsoring a Vail Leadership Institute event on October 17 & 18 that promotes entrepreneurship within the community. There was a review of the event in detail with overall support from council members in light of their strategic plan. It was agreed to use the currently budgeted $7500 as support for this event since the Institute has not yet committed to any office space in Avon. Councilor Evans moved to approve the funding of the $7500 for sponsorship for the Vail Leadership BaseCamp for 1st Annual Corporate Leadership Conference to be held in Avon/Beaver Creek in October. Councilor Fancher seconded the motion and it passed unanimously. 6.5. Action on Intergovernmental Agreement with Eagle County for the Lease of Spaces in the I-70 Regional Transportation and Operations Facility (Jane Burden, Transportation Superintendent) There were some final edits reviewed by the Town Attorney related to section 5, 6 and 11 (5. Budgeting & Appropriation, 6. Variable Use Charges, 11. Termination). It was noted that there continues to be discussion about leasing space to both ERFPD & ERWSD. There was support of the IGA in general and working cooperatively with ECO on transit services. Councilor Reynolds moved to approve the revised Intergovernmental Agreement with Eagle County for the Lease of Spaces in the I-70 Regional Transportation and Operations Facility dated August 27, 2013 with revisions to Sections 5, 6, 9a, and 11 per the redline version presented. Councilor Wolf seconded the motion and it passed unanimously. 6.6. Public Hearing on Second Reading for Ordinance No. 13-10, Series of 2013, Ordinance authorizing the execution and Delivery of a State & Municipal Lease/Purchase Agreement dated August 27, 2013 between the Town of Avon and Commerce Bank to purchase a loader, forklift and sander pursuant to the Exhibit A of such Agreement (Scott Wright, Finance Director) It was noted there were no changes from first reading on this Ordinance. Mayor Carroll opened the public hearing, there were no comments, and the hearing was closed. Councilor Dantas moved to approve Ordinance No. 13-10, Series of 2013, Ordinance authorizing the execution and Delivery of a State & Municipal Lease/Purchase Agreement dated August 27, 2013 between the Town of Avon and Commerce Bank to purchase a loader, forklift and sander pursuant to the Exhibit A of such Agreement. Mayor Pro Tem Goulding seconded the motion and it passed unanimously. 6.7. VILLAGE AT A VON 6.7.1. Settlement Update (Eric Heil) 6.7.2. Remaining actions, if any, including but not limited to Bond Approval & Access Road Eric Heil refered to his council packet memo and noted the last remaining issues as the bond issuance and the construction of the water storage tank. There was a brief listing of the remaining docuemnts for approval as well. TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.27 Minutes Page 5 7. WORK SESSION 7.1. Establishment of September 10, October 8, 22 and 29 for Budget Work Sessions; and Public Hearing on November 26th (Virginia Egger, Town Manager) There was a review of the 2014 budget schedule. After some discussion it was decided not to hold a special meeting on October 29th. There was some discussion about the revised format of the budget presentations. 7.2. Update on Bus Service to Buffalo Ridge Apartments (Jane Burden, Transportation Superintendent) There was a review of the newly proposed transit service to the B uffalo Ridge Apartments, with the goal of providing service during morning and afternoon times per the exhibit provided in the council packet. The Town Council was extremely supportive of this for its residents, and thanked those parties who helped make it happen, including Jane Burden and Reggie O’Brian from the Apartment complex. 8. MINUTES FROM AUGUST 7, 2013 SPECIAL MEETING Councilor Reynolds moved to approve the minutes; Councilor Evans seconded the motion and it passed unanimously. 9. FINANCIAL REPORT FOR AUGUST 2013 10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR Two committee updates were presented, a Channel 5 board meeting update and a social media regional collaboration meeting update. 11. COUNCIL COMMENTS There were some further comments about the URA refinancing and mall improvements as well as implementation of Amendment 64. 12. EXECUTIVE SESSION Mayor Carroll moved to meet in Executive Session at 9:50 pm for the purpose of receiving legal advice pursuant to the following: 12.1. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 2008 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316 12.2. Meet Pursuant to Colorado Revised Statute §24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators related to discussion about engagement of legal services for water counsel 12.3. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) and pursuant to Colorado Revised Statute §24-6-402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators related to discussion about retaining independent legal counsel for the investigation of alleged violations of C ode of Ethics TOWN OF AVON, COLORADO AVON REGULAR MEETING MINUTES FOR TUESDAY, AUGUST 27, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.27 Minutes Page 6 Mayor Pro Tem Goulding seconded the motion and it passed unanimously. Mayor Pro Tem Goulding and Councilor Evans left the room at 10:10 pm prior to the discussion of item 12.3. Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Chris Evans, Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil. The executive session was adjourned at 10:30 pm and Mayor Carroll noted that the Council did not discuss the personnel matter at the executive session and that the meeting now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. There being no further business to come before the Council, the regular meeting adjourned at 10:30 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, AUGUST 28, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.28 Minutes Special Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 6:10 PM. A roll call was taken and Council members present were Dave Dantas, Jennie Fancher, and Jake Wolf (via telephone). Councilor Chris Evans and Mayor Pro Tem Todd Goulding were absent. Councilor Reynolds arrived at 6:15 PM. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Assistant Town Manager/Town Clerk Patty McKenny. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) Mayor Carroll moved to meet in Executive Session for the purpose of receiving legal advice pursuant to the following: 1) Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) and to meet pursuant to Colorado Revised Statute §24-6- 402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators related to discussion about retaining independent legal counsel for the investigation of alleged violations of Code of Ethics Councilor Dantas seconded the motion and it passed unanimously by those present (Councilor Evans and Mayor Pro Tem Goulding absent). Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Jennie Fancher, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny. The executive session was adjourned at 6:40 pm and Mayor Carroll noted that the meeting now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. 6:45 PM REGULAR MEETING RECONVENES 4. PUBLIC COMMENT The following community members spoke: 1. Amy Phillips, Avon resident, voter and former town council member, requested that the scope of the investigation be broader in nature in response to the press release. She proceeded to express her concerns with the actions of both town council members. 2. Amy Phillips spoke on behalf of homeowner Betty Todd noting Ms. Todd’s support that the scope of the investigation is broad as all angles must be investigated. TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, AUGUST 28, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.28 Minutes Special Page 2 3. Amy Phillips also read into the record a letter dated August 28, 2013 names from 2 0 individuals included on it in support of the investigation and describing their concerns. 5. WORK SESSION 5.1. Interview Qualified Colorado Attorneys to Conduct an Investigation in Regards to Residency and Claims of Impropriety The following attorneys were investigated: 1. D.J. Himstedt, Legal Investigations, Inc. 2. Ken Fellman, Kissinger & Fellman, P.C. 3. Larry Berkowitz, Spencer, Fane & Grimshaw, LLP 4. Scott Krob, Krob Law Office, LLC The interviews concluded at 8:15 pm. There was Council discussion at this time about summarizing the scope of the investigation to include the following: 1) Review appearance of any impropriety or conflicts with the Walgreens project 2) Review appearance of any impropriety or conflicts with the Wyndham Project 3) Review residency requirements and interpretation of the Avon Municipal Code 4) Review Employment relationships of the two members that would reflect any appearance of impropriety or conflicts 5) Review the voting records for the two members; there was not as much support to include this item in the scope of the investigation 6) Investigate relationship between council members and Mauriello Planning Group, LLC Kristi Ferraro, Avon resident and former Avon Council Member expressed support for investigation the employment relationship in light of the August 28th written letter requesting this be included in the scope. Mayor Carroll moved to meet in Executive Session at 8:35 pm for the purpose of receiving legal advice pursuant to the following: 1) Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24-6-402(4)(b) and pursuant to Colorado Revised Statute §24-6 -402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators related to discussion about retaining independent legal counsel for the investigation of alleged violations of C ode of Ethics Councilor Dantas seconded the motion and it passed unanimously by those present (Councilor Evans and Mayor Pro Tem Goulding absent). Mayor Carroll noted that the discussion would be confined only to the purposes of the executive session as stated above and that if at any time during the executive session anyone believes that the discussion does not concern the topic and purpose of the executive session, to please raise your objection immediately. The following people were present during the executive session: Mayor Rich Carroll, Councilor Dave Dantas, Councilor Jennie Fancher, Mayor Pro Tem Todd Goulding, Councilor Buz Reynolds, Councilor Jake Wolf, Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny. TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, AUGUST 28, 2013 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 13.08.28 Minutes Special Page 3 The executive session was adjourned 9:03 pm and Mayor Carroll noted that the meeting now reconvened in regular session. He asked if any Town Council member believed that any discussion in executive session was inappropriate and not related to the topic and purpose of the executive session to please state the objections at this time; there were no objections. 6. ACTION ITEMS 6.1. Discussion and Action to Retain Firm to Conduct an Investigation in Regards to Residency and Claims of Impropriety After some discussion, Councilor Dantas moved to hire Scott Krob, Krob Law Office LLC, as legal counsel to provide the investigative services; Councilor Reynolds seconded the motion and it passed unanimously by those present (Councilor Evans and Mayor Pro Tem Goulding absent). Mayor Carroll then moved to approve the “Agreement for Independent Legal Investigation Services” with Krob Law Office LLC, with the insertion of a new paragraph as follows: “provision of legal opinion as to whether Council members Chris Evans and Todd Goulding are incompliance with Avon Municipal Code Chapter 2.32 Determining Residency Qualifications of Council Members” And also allow the Mayor to execute the document if further input is received and non-substantive changes in nature are required, and finally allow for minor modifications that do not include changes in scope of services or costs. Councilor Dantas seconded the motion and it passed unanimously by those present (Councilor Evans and Mayor Pro Tem Goulding absent). There being no further business to come before the Council, the regular meeting adjourned at 9:10 PM. RESPECTFULLY SUBMITTED: _________________________________ Patty McKenny, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: September 5, 2013 Re: 2013-2014 Strategic Plan – 2014 Work Plan A work session is planned on Tuesday’s agenda to review the update of the 2013-2014 Strategic Plan – 2014 Work Plan. The document is the lead direction for work activities of the Town of Avon staff and Council and, thereby, provides important guidance in preparing the the 2014 budget decisions. Much has been accomplished in 2013. The 2014 Work Plan incorporates some new work, including but not limited to: • The development of a seasonal wild land fire program for Wildridge. • Internal Town Hall and external Community Surveys. The internal survey is proposed as an every two year performance measurement among departments while the external Community Survey provides performance review of public services and important input on elements for the Comprehensive Plan Update. • Continued work on land use code updates, including a review of the sign code. • With the sale of East Avon properties, the emphasis turned to working with the developer to review the East Avon Town Center Plan and with other stakeholders to prepare for adoption a Parking and Transportation Network Plan • Work activities to provide information to the Town Council on the retail sale of marijuana is included in the 2014 Work Plan, including research in regards to medical uses, health studies, zoning and taxation considerations With the November 5th ballot question results unknown at this time, the 2014 Work Plan has not added any activity associated with those improvements. The document, based upon Council direction, will be presented on September 24th for adoption by Resolution. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 1 DRAFT 2013-14 STRATEGIC PLAN 2014 WORK PLAN Adopted by the Avon Town Council Resolution 13-XX, Series of 2013 September ___, 2013 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 2 Overview The Town of Avon, surrounded by natural beauty, is today a strong community that will build on its strengths to become a nationally and internationally recognized year-round mountain resort community. Committed to providing a high level of municipal services for our citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 3 Strategic Plan Fiscal Years 2013 - 2014 Tier 1 Priority: Fiscal Year 2013-2014 1) Develop Business-like Practices and Culture of Town Hall – Ensure that Town government is operated as a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. Tier 2 Priorities: Fiscal Year 2013-2014 2) Economic Development – Ensure that the Town of Avon is prepared for new development and re- development. Evaluate Urban Renewal Authority expansion and other incentives to promote quality development of a high standard; update the Avon Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of what can and what cannot be negotiated. 3) Village at Avon Partnership – Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon. Tier 2 Priorities: Fiscal Years 2013-2014 4) Special Events – Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. 5) 2015 World Alpine Championships – Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. Tier 3 Priorities: Fiscal Years 2013- 2014 6) Water Issues – Identify water issues and develop a timetable and approach for resolution over the next year or two; manage what can be done against higher priorities. 7) Transit Consolidation – Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 4 2014 Work Plan Develop Business-like Practices and Culture of Town Hall Tier 1 Priority: Fiscal Year 2014 Leader: Mayor Rich Carroll Staff: Town Manager Virginia Egger Ensure that Town government is managed and operated as a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in every department. 1st Quarter January – March 2014 1.1 Revise performance evaluations to reflect cultural goals and attributes of high performing employees. 1.2 Implement 2014 budgeted IT improvements; including MuniRev and electronic employee payroll system to improve efficiencies 1.3 Finalize work plans for all departments for seasonal and 2014 budget operations 1.4 Hold a Council Retreat to review leadership, collaboration and communication 1.5 Review and provide amendments to the Municipal Code in regards to residency and for Council qualifications such as marital status 1.6 Prioritize a Wildridge seasonal wild land fire program, including summer “hot shot” staffing, land use regulations for new development to protect homes from wild land fire and community outreach for current home to amend residential landscaping. 2nd Quarter April – June 2014 2.1 Continue to review all Town departments to assess the necessity of tasks and functions, effectiveness and efficiency in meeting department responsibilities, staffing levels, and future needs; evaluate effectiveness of organizational changes implemented in 2013 2.2 Develop the 2014-15 Strategic Plan, and two year budget to implement the Plan 2.3 Draft and finalize internal Town Hall and external community performance surveys to measure Town services and community desires (include questions in regards to Comprehensive Plan update 2.4 In June, distribute internal and external community surveys 2.5 Schedule no less than four (4) staff training sessions on “competitive” business practices and fiduciary responsibility 3rd Quarter – July – September 2014 3.1 By early August, collect and analyze internal and external community surveys 3.2 Hold a Council Retreat to review survey results, Council leadership, collaboration and communication; update Strategic Plan 3.3 Mid-year 2014 budget review and amendment, if needed 4th Quarter October – December 2014 4.1 Review and update Strategic Plan 4.2 Budget preparation, hearings and adoption 4.3 Prepare 2015 Work Plans 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 5 2014 Work Plan Economic Development Tier 2 Priority: Fiscal Year 2013 & 2014 Leaders: Economic Development Subcommittee Councilors Todd Goulding and Chris Evans Staff: Town Manager Virginia Egger, Community Development and Finance Department Staff Ensure that the Town of Avon is prepared for new development and re-development. Evaluate the retail sale of marijuana and make a final determination on whether sales should be allowed. Evaluate URA expansion and other incentives to promote quality development of a high standard; update the Comprehensive Plan as needed and work closely with the Planning and Zoning Commission to understand respective roles so that developers have a good sense of public benefit expectations, incentives and minimum development requirements for critical project elements, such as parking. 1st Quarter January – March 2014 1.1 Director of Economic Initiative joins Town staff. 1.2 Establish a Town of Avon Economic Development Council for the purposes of supporting existing businesses in Avon and attracting new businesses and to support business vitality; develop an action plan. 1.3 Outreach to all Avon businesses to thank each for their commitment to Avon and to ask for their ideas on business support by the Town 1.4 Through the year, update website data base and revenue software/spreadsheet system to assist with statistical analysis of key metrics identification in collaboration with Avon businesses and regional economic development committees; understand the demographic characteristics of visitors to the region. 1.5 Determine whether the Town of Avon should approve the retail sale of marijuana: 1.5.1 Collect information from the scientific community on the health benefits and risks of marijuana consumption. 1.5.2 Identify possible appropriate locations for retail stores and zoning regulations 1.5.3 Analyze the financial tax estimates from retail sales 1.5.4 Define an education program for youth and adults in regards to legalized marijuana sales 1.6 Review and update the Town’s Private-Public Partnership Policy and investment Policy, as needed. 1.7 Implement the Town “brand”. 1.1 With Beaver Creek and other stakeholders, finalize a town-wide Parking and Transportation Plan, including bicycle, pedestrianization, vehicle and alternate transit modes. The Plan should be developed in concert with the Planning and Zoning Commission (PZC) and reviewed by the public prior to Council’s adoption action. This Plan may extend into the 2nd Quarter 1.2 Review East Avon Town Center Plan with PZC and owner of properties in the Plan to identify pro/con of the plan and to establish the priorities of both developer and Town in East Avon redevelopment. Begin Plan amendment, if needed. 1.3 Develop the scope, public process, schedule for commencement and completion of the Comprehensive Plan Update. including development of questions for the Community Survey, (June/August 2014) 2nd Quarter April – June 2014 2.1 If requested by the Town Council, evaluate expansion of URA into other qualified areas of Avon; if URA expansion is desirable, solicit RFQ and identify budgetary needs 2.2 Identify with the Planning and Zoning Commission 2014 Code amendments, including “clean-up” of definitions, charts, etc. identified through use of the Code over the past year and sections which should be updated, and sections which should be updated, such as the sign code. Evaluate whether Wildridge should be “zoned” rather than continuing to have a PUD Zone for the development. 2.3 Negotiate and finalize multi-year Comcast Franchise Agreement 3rd Quarter & 4th Quarter – July – December 2014 3.1 Comprehensive Plan Update; East Avon Plan Update – continuing public meetings and recommended changes. 4.2 Complete Code Clean-up 4.3 Evaluate opportunity for a “sister city/ international city” partnership 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 6 2014 Work Plan Village at Avon Partnership Tier 2 Priority - 2014 Leaders: Traer Creek Liaison Appointees Dave Dantas and Jennie Fancher Staff: Town Manager Virginia Egger, Public Works, Parks, Community Development and Engineering Staff Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop understandings and the trust necessary for the future development of the Village. This outreach and communication is the responsibility of all elected and appointed officials and the employees of the Town of Avon.  Throughout the year, Liaison Appointees and Town Manager will meet with Traer Creek principals to discuss current issues and opportunities.  Town staff will finalize in the 1st Quarter the collection, consolidation and organization of all Village at Avon documents, agreements and assignments within Town Hall. This project is considered 90% complete.  The Community Development Department will be the primary contact and responsible party for understanding and managing the Village at Avon settlement agreements, including “user” summaries of all definite dates and responsibilities of the Town of Avon.  Implement the determined actions by the Avon Town Council in the 4th Quarter of 2013. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 7 2014 Work Plan Special Events Tier 2 Priority – Fiscal Years 2013-2014 Leaders: Councilors Jake Wolf and Buz Reynolds Staff: Town Manager Virginia Egger and Parks and Recreation Staff Identify near term opportunities for special events and develop a longer term special events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate. Beaver Creek Resort, with its recreational and cultural activities, is an important economic driver of the Avon economy, offering a vast array of amenities which add to the richness of the day-to-day life of Avon residents, the community and tourists. Avon will work closely to further build the relationship with Beaver Creek Resort Company and Vail Resorts that supports business brands, the tourist economy and community offerings, including but not limited meeting the transportation, security and amenity needs of a mature resort and community. 1st Quarter January – March 2014 1.1 Establish a Cultural, Arts and Special Events Commission to promote and assist with the production of recreational, cultural, educational and social events; refine and develop a Special Events Strategic Plan with the participation of the business community 1.2 Support the WinterWonderGrass Festival under the terms of the approved agreement; analyze ROI & ROO (return on objectives) within 60 days of the event 1.3 Finalize design and construction bid documents for the Pedestrian Mall improvements 2nd Quarter April – June 2014 2.1 Implement actions for Summer 2014 Special Events 2.2 For all events; analyze ROI/ROO within 60 days of the event 2.3 Commence construction of Pedestrian Mall; expected completion date is November, 2014 3rd Quarter – July – September 2014 3.1 Implement actions for Fall 2014 new Special Events, analyze ROI within 60 days of the event 3.2 Solicit funding requests for 2015 Special Events: Cultural, Arts and Special Events Commission will recommend funding levels to Town Council 4th Quarter October – December 2014 4.1 Implement actions for Winter 2015 Special Events, analyze ROI/ROO within 60 days of the event 4.2 Budget for 2015 Special Events 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 8 2014 Work Plan 2015 World Alpine Championships – February 3 – 15, 2015 Tier 2 Priority: Fiscal Years 2014-2014 Leader: Mayor Rich Carroll and Mayor Pro Tem Staff: Town Manager Virginia Egger, Transportation, Police and Parks and Recreation Staff Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event promotion and marketing; 2) Production of stellar events and promotion of Avon as a place to return to need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to encourage and/or book guest return visits. 1st Quarter January – March 2014 1.1 Identify Town staff participation to date and current participation activities 1.2 Advance Après Avon program with Vail Valley Foundation Ceil Folz 1.3 Commence design and bids for 2015 capital projects: Avon Road paving and divider improvements; Rec Center improvements and monument sign 1.4 Meet with representatives of Avon lodging community to discuss opportunities for 2015 1.5 Finalize comprehensive action plan for special events, marketing, logistics, security, sponsorship, partnerships 2nd Quarter & 3rd Quarter – April – September 2014 2.1 Commence implementation; including final funding and logistics 2.2 Evaluate value of promotional video and social media in marketing Avon 4th Quarter October – December 2014 4.1 Continue implementation of plan 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 9 2014 Work Plan Water Issues Tier 3 Priority: Fiscal Years 2014-2014 Leaders: Mayor Rich Carroll and Councilor Todd Goulding Staff: Town Manager Virginia Egger, Engineering Staff and Special Water Counsel Identify and water issues and develop a timetable and approach for resolution over the next two years; manage what can be done against higher priorities. 1st Quarter January – March 2014 1.1 Review and update the Upper Eagle River Water Authority and Town of Avon 2013 Work Program. Seek to resolve all issues by November 1, 2014. 1.2 Organize water and wastewater documents and files at Town Hall; institutionalize knowledge. This project is 95% complete. 1.3 Continue with the Water Authority, Avon representatives and Mountain Star residents to reach resolution of the Mountain Star water tank, fire flow, irrigation and system delivery issues. 1.4 Schedule with Council and Water Authority representatives a program to develop and adopt solutions for needed amendments to the Master Water Agreement; plan to adopt changes no later than November 2014. These changes include the use of unallocated water held by the Authority and water conservation planning. With the Water Authority, develop an understanding of how water rights and water use are accounted for and develop a process for future transactions. 1.5 Resolve Avon Drinking Water Facility fenced area for ownership and/or lease to the Water Authority. Evaluate and remediate liability concerns, if any, for Avon Drinking Water Facility fenced area with the Water Authority. Deadline for resolution: September, 2014. 2nd Quarter April – June 2014 2.1 Participate as a member of the Urban Run-off Group and request that Avon is granted an Executive Committee appointment. Participate with the Group to understand activities and possible 2014 funding request for a Gore Creek Water Quality Improvement Plan. 3rd Quarter – July – September 2014 3.1 Draft and execute an agreement with the ERWSD for long term cost sharing and O&M responsibilities of the Heat Recovery System. 3.2 Review the basis for the Avon’s water fees, which are assessed in addition to those tap fees and operational fees assessed by the Water Authority. 4th Quarter October – December 2014 4.1 Schedule 1) ERWSD presentation of its 20-year wastewater infrastructure master plan, including possible rate increase needs and Town’s 1041 requirements; and 2) Water Authority and ERWSD presentation on Eagle Mine’s metal loading issues on the Eagle River. 2013-2014 STRATEGIC PLAN & 2014 WORK PLAN September ___, 2014 Pa g e 10 2014 Work Plan Transit Consolidation Tier 3 Priority – Fiscal Years 2014-2014 Leaders: Councilors Buz Reynolds and Jake Wolf Staff: Town Manager Virginia Egger, Public Works Director and Transit Division Staff Avon should be a leader in working to provide a consolidated transit operation in the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative partnership. 1st Quarter January – March 2014 1.1 Continue to advocate for an AGS station in Avon 1.2 Throughout the year, fully participate in regional transportation and parking forums and in CDOT I-70 corridor planning 2nd Quarter April – June 2014 2.1 Market to other potential clients for bus/vehicle storage and Fleet Services 2.2 Evaluate transit services for FY 2015 and opportunities for regional efficiencies 2.3 As appropriate, participate in Regional Collaboration efforts on transit 3rd Quarter – July – September 2014 3.1 Finalize I-70 RTF lease agreements for 100% year-round occupancy 3.2 Assess demographic characteristics of bus riders and how best to disseminate information about transit service and about the Town 3.3 Develop consolidation plan as deemed feasible with ECO 4th Quarter October – December 2014 TBD TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: September 5, 2013 Re: Process for Recruitment and Hiring a Director of Economic Initiatives In discussing the approach to recruiting, interviewing and hiring a Director of Economic Initiatives, I believe our Human Resources (HR) Department can successfully administer the full recruitment and selection process to find the right person, including the participation of a diverse interviewing committee. The following approach would be managed by the HR Department. The estimated cost without travel/lodging for candidates is $2,500. Recruitment: September 15th – October 30th Media: Vail Daily, Summit Daily, Denver Post, Avon Website Local Government: Electronic Postings: Colorado Municipal League (CML) International City/County Managers Association (ICMA) Networking with Other Economic Development Organizations: Personal Calls and Postings Western Association of Chamber Executives (W.A.C.E.) Economic Development Council of Colorado Northwest Colorado Council of Governments (NWCCOG) Vail Valley Partnership Vail Valley Leadership Institute Town of Vail Interview Process: November 1st – February 1st 1. Establish Two Interview Committees: 2 Council, 2 PZC, Town Manager, Senior Planner, 6 Business/VVP Selected membership of business representatives: Current Economic Development Committee 2. Select top candidate for screening/written questionnaire and/or phone interview 3. Select top candidates for interviews/selection/negotiation 4. References for top candidate 5. Start date February 1st Job Description – attached Salary Range $65,000 – $85,000 Salary range is based on survey of ICMA (International City Managers Association) advertisements and current salary ranges in the Vail Valley for comparable positions. Source of Funds: General Fund: Estimated Total Budget: $118,000 - $125,000  Page 2 JOB DESCRIPTION TOWN OF AVON DIRECTOR OF ECONOMIC INITIATIVES POSITION TITLE: DIRECTOR OF ECONOMIC INITIATIVES DEPARTMENT: TOWN MANAGER/OFFICE OF ECONOMIC DEVELOPMENT REPORTS TO: TOWN MANAGER General Statement The position of Director of Economic Initiatives provides leadership and hands-on development and implementation to achieve successful outcomes in the following areas:  General Economic Development: Works to achieve economic vitality through community investment in projects and partnerships promoting business retention and expansion;  Tourism and Special Event Sector: Directs a well-defined vision for special events, including annual return on investment analysis;  Brand: Takes a lead role in ensuring Town of Avon brand is properly implemented internally, and with local businesses, Beaver Creek, regionally and the State of Colorado;  Regional Partnerships and Initiatives: Serves as the Town’s primary representative at regional economic development committee meetings advancing the Avon’s interests and opportunities for beneficial mutual efforts;  Airport and I-70 Coalition: Understands and oversees and represents the Town of Avon in Airport partnerships and operations and the goals and activities of the I-70 Coalition in traffic management and the AGS program;  Data: Collects, develops and analyzes demographic and economic data for the Town of Avon Economic Development website page Direction and Supervision Works under the direct supervision of the Town Manager Essential Functions and Duties  Regularly meet with local businesses to share economic and demographic data, trends, business and market conditions; the Town’s Strategic Plan and Special Events Program; and infrastructure improvement plans.  With the local business community, propose and implement options regarding the economic strategies and funding for business retention and expansion including but not limited to special improvement district investments for business improvement, parking and transportation improvements and management, public infrastructure investments, marketing initiatives, special event development, federal and state and Town funding opportunities and brand implementation.  Regularly meet and represent the Town on regional economic development committees, coordinating special event and business investment opportunities and developing public – public – private partnerships.  Serve as staff representative on the I-70 Coalition and Eagle County Air Alliance advancing the Town of Avon’s position for an AGS station, I-70 improvements and peak-time management and support for airline expansion.  Page 3  Engage in the compilation and presentation of research including demographics, economic trends, strategic plan and community competitiveness to the Town council and community business partners, including the development, private business and education sectors. Required Knowledge  Extensive knowledge of the principles and practices of economic development and tourism market analysis accompanied by a proven track record of results.  Thorough knowledge of the economic, geographic and demographic factors of and affecting mountain resort communities.  Knowledge of local retail and accommodation business principles and how local government can support and expand these sectors  Strong background in attraction and development of a variety of special events and ROI analysis  Working knowledge of related state and federal economic development and tourism programs.  Extensive knowledge and experience in working with public and private financing mechanisms to promote economic development. Education/Experience A Bachelor’s Degree in Business Administration, Economic Development, Marketing, Economics or closely related field required. Master’s degree in these fields or Economic Developer Certification preferred. Five years of progressive work experience, including economic development program development and implementation, economic analysis and data collection. Private sector experience in business management and public-private partnerships required. Experience in mountain resort business retention and expansion, special events and festival attraction a strong plus. Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Village (at Avon) Settlement Implementation Update DATE: September 6, 2013 Summary: This memorandum provides an update on the settlement implementation for the Village (at Avon) litigation. Water Tank Project: Traer Creek-RP has submitted a confidential proposal for the financing and construction of the water storage tank. Bond Issuance: Further work on the bond documents related to the Traer Creek Metropolitan District Reissue Bonds is still on hold pending resolution of the water storage tank project. Grading Permit: Traer Creek-RP is requesting issuance of a grading permit to begin construction on the new proposed road alignment for the water tank access and future Traer Creek Run. This proposal will be addressed separately through a presentation at the Council meeting. Remaining Documents for Town Approval: All documents requiring Town Council approval have been finalized with the following exceptions: (a) The Special Warranty Deeds to Lot 2 and Lot 3 are in final form but will require a last review prior to closing once Partial Releases of Deeds of Trust have been finalized. (b) The Declarations for the Public Improvements Companies may require some additional revisions to address bond document issues; however, it is not anticipated that these revisions will affect the imposition of the Add-On Retail Sales Fee. (c) The Bond documents for the TCMD Reissue Bonds have not been finalized. Requested Action: Discussion of legal issues in executive session is requested. Thank you, Eric M EMORANDUM & PLANNING, LLC TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 10, 2013 AVON LIQUOR AUTHORITY MEETING BEGINS AT 4:00 PM REGULAR MEETING BEGINS AT 4:15 PM AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Meeting Agendas 13 09 10 Page 2 6.3.First Reading of Ordinance 13-12, Series of 2013, An Ordinance Amending Chapter 9.16 of the Avon Municipal Code Regarding Marijuana Possession and Use (Eric Heil, Town Attorney) 6.4. Appointment of a Town Representative to serve on Boards of Directors for the Buffalo Ridge Affordable Housing Corporation, Eaglebend Affordable Housing Corporation and Kayak Crossing Affordable Housing Corporation (Patty McKenny, Assistant Town Manager) 6.5. Minutes from Meetings on August 13, 2013, August 27, 2013 and August 28, 2013 7. WORK SESSION 7.1. 2014 Budget Work Session: 7.1.1. Update of the 2013-2014 Strategic Plan (Virginia Egger, Town Manager) 7.1.2. Situational Analysis, 3-Year Revenue Projections; Fees and Charges; Fund Balances/Contingency Levels (Scott Wright, Finance Director) 7.2. Review of Process for Recruiting and Hiring a Director of Economic Initiatives (Virginia Egger, Town Manger) 8. VILLAGE AT AVON UPDATE 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9.1. Upper Eagle Regional Water Authority Board Meeting (Todd Goulding, Mayor Pro Tem) 10. COUNCIL COMMENTS 11. MAYOR REPORT AND FUTURE AGENDA ITEMS 12. ADJOURNMENT 13. 9:00 PM URBAN R ENEWAL AUTHORITY MEETING (SEE PAGE 4) FUTURE AGENDA ITEMS: September 17th: Special Meeting, If Called: Amendments to the Traer Creek Development Agreement and other Documents to Allow for the Construction of the Water Tank and Associated Infrastructure by the Developer; Action on Grading Permit for utility access road September 24th: Adopt Strategic Plan, Public Hearing on Ord. No. 13-12 Code Amendments for Personal Marijuana Use, Agreement for Special Water Counsel, Legal Services Contract, URA Refinancing, Budget 2014 Review EE Compensation & Benefits, Special Event Ticket Fee, Amendments to Water Authority Master Agreement, Village at Avon Update TOWN OF AVON, COLORADO AVON LIQUOR AUTHORITY MEETING FOR TUESDAY, SEPTEMBER 10, 2013 MEETING BEGINS AT 4:00 PM AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Meeting Agendas 13 09 10 Page 3 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. RENEWAL OF LIQUOR LICENSES 4.1. Applicant Name: Dillon Companies, Inc. d/b/a City Market #26 Address: 0072 Beaver Creek Place Manager: Jeff Gentilini Type of License: 3.2% Beer License 4.2. Applicant Name: Chair Four LLC d/b/a VIN 48 Address: 48 E. Beaver Creek Blvd. Manager: Collin Baugh Type of License: Hotel and Restaurant License 5. MINUTES FROM AUGUST 27, 2013 6. ADJOURNMENT TOWN OF AVON, COLORADO AVON URBAN RENEWAL AUTHORITY MEETING FOR TUESDAY, SEPTEMBER 10, 2013 MEETING BEGINS AT 9:00 PM AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Meeting Agendas 13 09 10 Page 4 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. WORK SESSION 4.1. 2014 Mall Improvements – Financing Design Concepts 4.1.1. Design Concepts and Process for Design Approval and Completion (Virginia Egger, Town Manager) 4.1.2. URA Bond Refinancing and Use of Proceeds for Improvements to the Pedestrian Mall (Scott Wright, Finance Director) 5. MINUTES FROM JUNE 11, 2013 6. ADJOURNMENT Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: September 5, 2013 Re: URA Refinance – Use of Proceeds: Pedestrian Mall – Avon Road Streetscape – Monument Sign BACKGROUND Beginning with Town Council’s site walk on May 28th and subsequent work session guidance by the Council, Town staff has been preparing for the design, bid and construction of a “Pedestrian Mall” from the Prater Lane Pre-School to the Wyndham. The Pedestrian Mall would continue on Benchmark Road to Avon Road and include Lettuce Shed Lane. At Councils’ June 25th work session these components were presented with cost estimates (see Attachment A). The estimated costs evolved at the work session with the surplus heat from the heat recovery system to be made available to the Recreation Center expansion or other closer capital improvements rather than piping the heat to the Transit Station; resulting in a project savings of $200,000 and reducing the total estimated costs to $1.78M. URA refinancing, at the time, were estimated to yield $1.1M, with additional funds coming from the Capital Projects Fund. Several improvements have also been reviewed at the work sessions for advancement in the CIP budget for timing with the 2015 World Alpine Championships. The projects which bear consideration for compatible design in as the Mall is designed include: • Avon Railroad Bridge Façade $98, 000 (funded) • Welcome to Avon Monument Sign $100,000 • Avon Road Streetscape – Landscaping and Repairs $200,000 Mr. Stan Bernstein recommended the Town wait for the late August Eagle County preliminary Assessed Valuation report be received in order to provide a good revenue estimate prior to moving forward with a decision on the refinancing. In the interim, I requested a Design Service Proposal from Mr. Pedro Campos, Zehren and Associates, to be prepared to begin design with the URA refinancing decision. He also provided a scope of work to include the public process and schedule to completion in the fall of 2014. Total cost for the design work is $49,525; with work commencing September 15th. SUMMARY OF SCHEDULE & PROJECT FUNDING TENTATIVE SCHEDULE: • Completion of Schematic Design in early December of 2013. • Design Development and Construction Documents prepared December 2013 through early March 2014 • Bid Process and Contractor Selection in March 2014. • Contract award in early April of 2014. • Construction starting mid‐to‐late spring of 2014. • Construction through the fall of 2014. Page 2 of 2 PROJECT FUNDING AND COST ESTIMATES MALL IMPROVEMENTS/AVON ROAD/MONUMENT SIGN Revenues: URA New Construction Funds – Refunding $495,000 URA Fund Balance $290,000 Sub-Total URA Funds $785,000 Capital Improvement Project Fund $1,275,000 TOTAL REVENUES $2,060,000 Expenditures: Pedestrian Mall, including design, bid docs & construction $1,760,000 Welcome to Avon Monument Sign $100,000 Avon Road Streetscape - Landscape & Repairs $200,000 TOTAL EXPENDITURES $2,060,000 DISCUSSION AT COUNCIL WORK SESSION: • DIRECTION ON URA REFUNDING AND USE OF URA FUND BALANCE • CONCURRENCE THAT TOWN MANAGER SHOULD RETAIN ZEHREN AND ASSOCIATES FOR DESIGN • OCTOBER 8TH – CIP 2014 BUDGET PRESENTATION AND 5-YEAR PLAN: PROJECTS TO BE FUNDED ATTACHMENT A Section 6.2 Program Description & Estimated Cost for a Pedestrian Mall MALL AREAS ESTIMATED COST WYNDHAM MALL AREA Design as a passive gathering area; limit amount of hardscape to allow time for uses to develop; consider kid amenity here such as large rocks 325,000$ Heat Recovery Snowmelt, if not allocated to Recreation Center Expansion. Funded with Community Enhancement Funds from Holy Cross Energy 350,000$ TOTAL WYNDHAM MALL AREA 675,000$ CONNECTING SIDEWALK- WYNDHAM MALL TO AVON ROAD - 12'125,000$ LETTUCE SHED LANE PATH INTERSECTION NODE With added area from Wyndham building set-back, design as place for music & gathering, include fire pit; work with adjoining business in partnership to expand gathering area - may be more desireable than Wyndham Mall area for events/music due to less noise and adjoining business opportunities; place bronze and benches from Avon Rd.176,000$ LETTUCE SHED LANE Design with slight curve in walkway to provide for at least two areas for seating or vendor. Decide if mural is an acceptable use for the wall/work with businesses. Snowmelt system.206,000$ SEASONS PEDESTRIAN MALL Improve by: add landscaping along parking lots to improve defined space and block view; remove some trees/vegetation to improve ability to see down the corridor; redesign Prater Lane Pre-School to eliminate interference into Mall by increasing length of play area. Add bronzes and benches from Avon Road to create areas of interest and seating. Utilize large spaces between landscape medians for activities, including possible vendors.400,000$ MALL TO NOTTINGHAM PARK ENTRANCE Reduce concrete at Benchmark Lane. Complete Pedestrian walkway with Recreation Center Expansion and finance with bond proceeds.400,000$ TOTAL - 2014 IMPROVEMENTS 1,982,000$ SOURCE OF FUNDS: URA REFINANCE AND NEW NET PROCEEDS @ 1.25 X COVERAGE 1,100,000 CAPITAL PROJECTS FUND 882,000$ Page 1 of 2 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: September 5, 2013 Re: URA Refinance – Use of Proceeds: Pedestrian Mall – Avon Road Streetscape – Monument Sign BACKGROUND Beginning with Town Council’s site walk on May 28th and subsequent work session guidance by the Council, Town staff has been preparing for the design, bid and construction of a “Pedestrian Mall” from the Prater Lane Pre-School to the Wyndham. The Pedestrian Mall would continue on Benchmark Road to Avon Road and include Lettuce Shed Lane. At Councils’ June 25th work session these components were presented with cost estimates (see Attachment A). The estimated costs evolved at the work session with the surplus heat from the heat recovery system to be made available to the Recreation Center expansion or other closer capital improvements rather than piping the heat to the Transit Station; resulting in a project savings of $200,000 and reducing the total estimated costs to $1.78M. URA refinancing, at the time, were estimated to yield $1.1M, with additional funds coming from the Capital Projects Fund. Several improvements have also been reviewed at the work sessions for advancement in the CIP budget for timing with the 2015 World Alpine Championships. The projects which bear consideration for compatible design in as the Mall is designed include: • Avon Railroad Bridge Façade $98, 000 (funded) • Welcome to Avon Monument Sign $100,000 • Avon Road Streetscape – Landscaping and Repairs $200,000 Mr. Stan Bernstein recommended the Town wait for the late August Eagle County preliminary Assessed Valuation report be received in order to provide a good revenue estimate prior to moving forward with a decision on the refinancing. In the interim, I requested a Design Service Proposal from Mr. Pedro Campos, Zehren and Associates, to be prepared to begin design with the URA refinancing decision. He also provided a scope of work to include the public process and schedule to completion in the fall of 2014. Total cost for the design work is $49,525; with work commencing September 15th. SUMMARY OF SCHEDULE & PROJECT FUNDING TENTATIVE SCHEDULE: • Completion of Schematic Design in early December of 2013. • Design Development and Construction Documents prepared December 2013 through early March 2014 • Bid Process and Contractor Selection in March 2014. • Contract award in early April of 2014. • Construction starting mid‐to‐late spring of 2014. • Construction through the fall of 2014. Page 2 of 2 PROJECT FUNDING AND COST ESTIMATES MALL IMPROVEMENTS/AVON ROAD/MONUMENT SIGN Revenues: URA New Construction Funds – Refunding $495,000 URA Fund Balance $290,000 Sub-Total URA Funds $785,000 Capital Improvement Project Fund $1,275,000 TOTAL REVENUES $2,060,000 Expenditures: Pedestrian Mall, including design, bid docs & construction $1,760,000 Welcome to Avon Monument Sign $100,000 Avon Road Streetscape - Landscape & Repairs $200,000 TOTAL EXPENDITURES $2,060,000 DISCUSSION AT COUNCIL WORK SESSION: • DIRECTION ON URA REFUNDING AND USE OF URA FUND BALANCE • CONCURRENCE THAT TOWN MANAGER SHOULD RETAIN ZEHREN AND ASSOCIATES FOR DESIGN • OCTOBER 8TH – CIP 2014 BUDGET PRESENTATION AND 5-YEAR PLAN: PROJECTS TO BE FUNDED ATTACHMENT A Section 6.2 Program Description & Estimated Cost for a Pedestrian Mall MALL AREAS ESTIMATED COST WYNDHAM MALL AREA Design as a passive gathering area; limit amount of hardscape to allow time for uses to develop; consider kid amenity here such as large rocks 325,000$ Heat Recovery Snowmelt, if not allocated to Recreation Center Expansion. Funded with Community Enhancement Funds from Holy Cross Energy 350,000$ TOTAL WYNDHAM MALL AREA 675,000$ CONNECTING SIDEWALK- WYNDHAM MALL TO AVON ROAD - 12'125,000$ LETTUCE SHED LANE PATH INTERSECTION NODE With added area from Wyndham building set-back, design as place for music & gathering, include fire pit; work with adjoining business in partnership to expand gathering area - may be more desireable than Wyndham Mall area for events/music due to less noise and adjoining business opportunities; place bronze and benches from Avon Rd.176,000$ LETTUCE SHED LANE Design with slight curve in walkway to provide for at least two areas for seating or vendor. Decide if mural is an acceptable use for the wall/work with businesses. Snowmelt system.206,000$ SEASONS PEDESTRIAN MALL Improve by: add landscaping along parking lots to improve defined space and block view; remove some trees/vegetation to improve ability to see down the corridor; redesign Prater Lane Pre-School to eliminate interference into Mall by increasing length of play area. Add bronzes and benches from Avon Road to create areas of interest and seating. Utilize large spaces between landscape medians for activities, including possible vendors.400,000$ MALL TO NOTTINGHAM PARK ENTRANCE Reduce concrete at Benchmark Lane. Complete Pedestrian walkway with Recreation Center Expansion and finance with bond proceeds.400,000$ TOTAL - 2014 IMPROVEMENTS 1,982,000$ SOURCE OF FUNDS: URA REFINANCE AND NEW NET PROCEEDS @ 1.25 X COVERAGE 1,100,000 CAPITAL PROJECTS FUND 882,000$