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TC Council Packet 05-13-2014 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 13, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET 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 DEPUTY TOWN CLERK: RICHELLE CURRAN 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. ______________________________________________________________________________________________________________ AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) REGULAR MEETING BEGINS AT 5:15 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. ACTION ITEM 4.1. PRESENTATION AND COUNCIL ACCEPTANCE BY MOTION AND VOTE OF THE 2013 YEAR END AUDIT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 5. WORK SESSION 5.1. REVIEW AND DIRECTION TO AMEND WILDRIDGE PUD TO ALLOW SHORT TERM RENTALS DURING THE 2015 WASC (PLANNING MANAGER MATT PIELSTICKER) 6. ACTION ITEMS 6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 14-06 AN ORDINANCE AMENDING SECTION 5.04.45, SECTION 7.08.010, AND TABLE 7.24-01 OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 1) AMENDMENT 64 PRESENTATION (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 2) COUNCIL DISCUSSION 3) COMMENTS FROM THE PUBLIC 4) COUNCIL DISCUSSION 6.2. REVIEW AND COUNCIL DIRECTION ON GENERAL, WATER, TRANSIT, FLEET AND WATER FUND BUDGETS & ESTIMATED CAPITAL PROJECTS FUNDING SOURCES (ASSISTANT TOWN MANAGER SCOTT WRIGHT & TOWN MANAGER VIRGINIA EGGER) 6.3. ACTION ON A PROFESSIONAL SERVICES AGREEMENT WITH MOMENTUM FOR THE CONSTRUCTION OF MOUNTAIN BIKE TRAILS IN WILDRIDGE AND THE WEST AVON PRESERVE (PLANNING MANAGER MATT PIELSTICKER) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 13, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET Page 2 6.4. AVON LOGO & TAGLINE APPROVAL (ECONOMIC DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 6.5. PUBLIC HEARING AND ACTION ON AMPLIFIED S OUND PERMIT WITH A REQUEST BY VAIL VALLEY CHARITABLE FUNDS TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK JUNE 11, 2014, FOR THE RIDE THE ROCKIES - EVENT MANAGER MAREN CERIMELE (DEPUTY TOWN CLERK RICHELLE CURRAN) 6.6. ACTION ON A RESOLUTION APPROVING A RESTRICTIVE COVENANT AGREEMENT FOR LOT 5, FILING 1, VILLAGE (AT AVON), TOWN OF AVON, COLORADO (TOWN ATTORNEY ERIC HEIL) 6.7. MINUTES FROM APRIL 22, 2014 MEETING (DEPUTY TOWN CLERK RICHELLE CURRAN) 7. WRITTEN REPORTS 7.1. COLORADO CREATIVE INDUSTRIES SUMMIT RECAP (COUNCILOR JENNIE FANCHER) 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8.1. UERWA MEETING UPDATE ( MAYOR PRO TEAM TODD GOULDING) 8.2. MAYOR & MANAGERS MEETING UPDATE ( MAYOR RICH CARROLL) 8.3. CREATIVE DISTRICT SUMMIT UPDATE ( COUNCILOR JENNIE FANCHER) 9. COUNCIL COMMENTS 10. MAYOR REPORT AND FUTURE AGENDA ITEM 11. EXECUTIVE SESSION: (THIS MEETING IS NOT OPEN TO THE PUBLIC) 11.1. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING THE MOUNTAIN STAR WATER SYSTEM UNDER C.R.S. §24-6 -402(2)(B); 11.2. TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C .R.S. §24-6-402(2)(A) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE RELATED TO SUCH PROPERTY INTEREST UNDER C.R.S . §24-6 -402(2)(B); 11.3. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S . §24-6-402(2)(E) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING THE WATER AUTHORITY WATER MASTER AGREEMENT 11.4. FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING EAGLE AIR ALLIANCE 11.5. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6 -402(2)(B) REGARDING THE VILLAGE (AT AVON) LITIGATION SETTLEMENT 12. ADJOURNMENT FUTURE AGENDA ITEMS: COMCAST RENEWAL PROCESS, PHASE 2 RECREATION CENTER OPEN HOUSES TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 13, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET 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 DEPUTY TOWN CLERK: RICHELLE CURRAN 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. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. Applicant Name: Vail Valley Charitable Fund Event Name: Ride the Rockies Event Dates: June 11, 2014 Location: Nottingham Lake Event Manager: Maren Cerimele 5. RENEWAL OF LIQUOR LICENSES 6. MINUTES FROM APRIL 22, 2014 7. ADJOURNMENT  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Scott Wright, Finance Director Date: May 6, 2014 Re: Town of Avon 2013 Year-end Audit Presentation Summary A representative from McMahan and Associates, CPAs, the Town’s independent certified public accountants, will be here Tuesday to present the Town’s comprehensive annual financial report and management letter to Council. Comprehensive Annual Audit Report Section 12.11 of the Town’s Charter requires an independent audit of the Town’s accounts by certified public accountants at least annually. Acceptance of the 2013 comprehensive annual financial report (CAFR) by the Council fulfills this requirement. In addition to meeting the Town’s Charter requirements, the Town also uses the CAFR to document that it has met the compliance requirements of the Single Audit Act and U.S. Office of Management and Budget regarding awards of major federal grants, that it has met the standards applicable to financial audits as issued by the Comptroller General of the United States and that information provided in the CAFR meets the continuing disclosure requirements of the Town’s various debt issuances. The Town provides its CAFR to various users of financial reports including: investors in Town bonds, creditors such as banks and underwriters, oversight bodies such as the Colorado State Auditor, and other governmental entities. Finally, the Town participates in the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting and has received this certificate for last twenty-two years in a row. Management Letter As part of the annual audit process, all auditors are required by generally accepted auditing standards to communicate certain information to governing boards in relation to the audit performed.  Page 2 Recommendation I recommend that the Council accept the Town’s 2013 comprehensive annual financial report. Attachments: A – 2013 Annual Comprehensive Financial Report B – McMahan and Associates Management Letter McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: www.mcmahancpa.com Chapel Square, Bldg C Main Office: (970) 845-8800 245 Chapel Place, Suite 300 Facsimile: (970) 845-8108 P.O. Box 5850, Avon, CO 81620 E-mail: mcmahan@mcmahancpa.com Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) 845-8800 Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) 544-3996 Daniel R. Cudahy, CPA, CGMA Frisco: (970) 668-3481 M & A Town Council Town of Avon, Colorado P.O. Box 975 Avon, CO 81620 We have audited the financial statements of Town of Avon, Colorado for the year ended December 31, 2013. Professional standards require that we provide you with the following information related to our audit. Qualitative Aspects of Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Town of Avon, Colorado are described in the Notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Estimated useful lives for depreciation on fixed assets: Management’s estimate of depreciation is based on industry practice and experience. We evaluated the key factors and assumptions used to develop the useful lives used in determining depreciation and found that it is reasonable in relation to the financial statements taken as a whole. Allowance for Doubtful Accounts: The Town has a number of receivables from developers and others. Some of the amounts owed to the Town may be uncollectable either due to economic circumstances or ongoing litigation. The Town has recorded an allowance for doubtful accounts to reflect any lower collectable amounts than anticipated. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. None of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Town Council Town of Avon, Colorado Page 2 Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. W e are pleased to report that no such disagreements arose during the course of our audit Management Representations As is required in an audit engagement we have requested certain representations from management that are included in the management representation letter. This letter is intended solely for the information and use of the Town Council, management, and others within the organization and is not intended to be, and should not be, used by anyone other than those specified parties. Sincerely, McMahan and Associates, L.L.C. Ap ril 30, 2014 WILDRIDGE SHORT TERM RENTALS PAGE 1 OF 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, Planning Manager Date: May 6, 2014 Agenda Topic: 2015 Short Term Rentals in Wildridge SUMMARY Staff received a written request from Mr. Harry Greenberg (attached hereto), owner at 5070 Wildridge Road East, to permit short term rental in Wildridge during the 2015 World Ski Championships. The request comes from the sense that demand for rentals will far outstrip supply not only in Avon, but the valley as a whole. Short Term rentals are not currently allowed by the Wildridge PUD, therefore a zoning application would need to be processed in order to allow this land-use to occur. The purpose of this work session is to gain consensus on whether or not short term rental use in Wildridge should be considered on a property-by-property basis, entire subdivision basis for this event, or the entire subdivision should be reviewed beyond this isolated event. This report summarizes the Wildridge PUD zoning and process necessary to permit these types of rentals. WILRIDGE ZONING The Wildridge PUD was platted was intended as a residential community since inception. Language from the subdivision plat and zoning ordinance defined the permitted use of “dwellings”, excluding use of dwellings as hotel or “lodge” units. This was further clarified by Council approval of Ordinance 2005-08, which elaborated on the definition of “lodge” and specifically prohibited this type of land use in the Wildridge PUD. PROCESS If Council wishes to consider short term rentals in Wildridge, a PUD amendment is required due to the strict nature of the Wildridge PUD as outlined above. A similar process was undertaken in recent years for two other PUDs to permit short term rentals – Brookside Park and Canyon Run. Pursuant to §7.16.020(b) of the Avon Municipal Code, development applications (including PUD amendments) can only be initiated by owners of real property and therefore the Town could not apply for this type of zoning amendment on behalf of Mr. Greenberg. This type of amendment must come from a property owner and requires public notice and hearings before the PZC and Town Council. If there is an appetite to consider this type of zoning amendment, Staff recommends that it is limited in duration so as to maintain the intent of the PUD. With a limited duration of approval it can be argued that it “does not change the character of the development and maintains the intent and integrity of the PUD,” therefore, it would be processed as a Minor PUD Amendment which requires a public hearing with PZC and Council and approval by Resolution. ATTACHMENT: Letter from Harry Greenberg, April 29, 2014 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Richelle Curran, Records Administrator/ Deputy Town Clerk Date: May 13, 2014 Action Item: Recap of April 22, 2014 Presentation and Discussion of Amendment 64 Report – Marijuana: Cultivation, Manufacturing, Testing and Retail Operations At Council’s April 22nd meeting, Susan Fairweather, Director of Economic Initiatives, provided Town Council with staff’s Amendment 64 Report on Cultivation, Manufacturing, Testing and Retail Operations. The Amendment 64 Report is not included in the Council packet for Second Reading, as no changes were made since the April 22nd meeting; it can, however, can be retrieved at the link below and included the following information: Amendment 64 Report on Cultivation, Manufacturing, Testing and Retail Operations. http://avon.org/archive.aspx?AMID=30&Type=&ADID Table of Contents • Overview & Purpose of Work Session • Avon’s Brand • Health Reports – Scientific Findings • Law Enforcement Findings • Recreational Marijuana Considerations for Approving in Avon • Private Smoking Clubs • License Authority – Fees – Taxes • Education • Public Input • Colorado Cities Overview • Appendices Town Council at the April 22nd meeting approved the First Reading of Ordinance No. 14-06 Prohibiting Marijuana and Marijuana Clubs in Avon. A public hearing will be conducted at the May 13th meeting prior to Town Council action on the Second Reading of Ordinance No. 14-06. Attorney Eric Heil’s memo and the ordinance are attached. 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: Ordinance No. 14-06 Prohibiting Marijuana Establishments and Marijuana Clubs DATE: May 7, 2014 Summary: Ordinance No. 14-06 is presented for second and final reading. Ordinance No. 14-06 would enact a prohibition on marijuana establishments and marijuana clubs throughout the Town of Avon. Council passed first reading of Ordinance No. 14-06 at its regular meeting on April 22, 2014. Council is required to conduct a public hearing on Second and Final Reading by Charter Section 6.5. Discussion: Amendment 64 was passed by Colorado voters in 2012. Amendment 64 amends the Section 16 of Article XVIII of the Colorado Constitution to decriminalize personal use of recreational marijuana and to authorize “marijuana establishments”. "Marijuana establishment" is defined to mean a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. Section 16.5(f) of Article XVIII states in part, “A locality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance . . . .” Although Amendment 64 disallows public consumption of marijuana, Amendment 64 did not address consumption in private “marijuana clubs.” Ordinance No. 14-06 prohibits marijuana establishments and defines and prohibits “marijuana clubs.” Ordinance No. 14-06 does not affect the Colorado Constitution right to personal possession, cultivation and consumption of marijuana. Proposed Motion: “I move to approve Ordinance No. 14-06 AN ORDINANCE AMENDING SECTION 5.04.45, SECTION 7.08.010, AND TABLE 7.24-01 OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS Thank you, Eric M EMORANDUM & PLANNING, LLC Ord 14-06 Prohibiting Marijuana Establishments FINAL Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 14-06 SERIES OF 2014 AN ORDINANCE AMENDING SECTION 5.04.45, SECTION 7.08.010, AND TABLE 7.24-01 OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS WHEREAS, Colorado voters approved “Amendment 64” which amended Article XVIII of the Constitution of the State of Colorado by adding a new Section 16; and WHEREAS, Colorado Constitution Article XVIII Section 16(5)(f) allows local governments to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance; and WHEREAS, the Town Council of the Town of Avon previously passed legislation prohibiting medical marijuana dispensaries and medical marijuana cultivation operations in the Town; 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 Section 5.04.045. Section 5.05.045 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: “5.04.045 Medical marijuana business, marijuana establishment and marijuana club prohibited. Medical marijuana business, marijuana establishment and marijuana club, as defined in Section 7.08.010 of this Code and as may be amended or recodified, is are each prohibited and unlawful in the Town. Section 3. Amendment to Avon Municipal Code Section 7.08.010. Section 7.08.010 is hereby amended by adding the following definitions, to read as follows: Attachment A Ord 14-06 Prohibiting Marijuana Establishments FINAL Page 2 of 3 Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Section 4. Amendment to Avon Municipal Code Table 7.24-1. Table 7.24.-1 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: “Medical Marijuana, Marijuana Establishment and Marijuana Club.” Section 5. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 6. 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 7. 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 8. 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 9. 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 Attachment A Ord 14-06 Prohibiting Marijuana Establishments FINAL Page 3 of 3 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 10. 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. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for May 13, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 22, 2014. ____________________________ 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: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on May 13, 2014. ____________________________ 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: ____________________________ Debbie Hoppe, Town Clerk Attachment A  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Scott Wright, Finance Director Date: May 9, 2014 Re: 2014 Supplemental Amendment Budget Discussion Introduction In prior years it has been the practice to adopt a supplemental budget amendment in order to update beginning fund balance estimates and generally recognize revisions to the budgets that were not identified at the time the budget was originally adopted. This particular year is unusual due to the large volume of unanticipated changes and revisions due largely to personnel changes, special events and new CIP projects. Below is a summary of proposed budget revisions by fund and estimated impacts to respective fund balances. This memo and its attachments are for budget discussion purposes during the Town Council worksession. We are proposing bring the final budget amendment resolutions to Town Council on May 27th. Capital Projects Fund New projects that are being proposed not previously included in the budget include the following: • Transit Bus Stop - Traer Creek Plaza - $60,000 (50% funded by ECO); • Transit Bus Stops – City Market/Christy Sports - $125,000 (80% funded by FASTER Grant); • Nottingham Park Stage - $930,000. Design costs for the Nottingham Park stage in the amount of $70,000 were added to the 2014 Supplemental Amendment No. 1 on April 22. This project is being partially funded by Community Enhancement funds of $508,000; • Avon Road Streetlights - $200,000; • Village at Avon / Post Boulevard Street and Streetscape Improvements - $280,000 • West Avon Parcel Trails - $95,000 (partially funded by an Eagle County trails grant of $15,450); [May be reduced to $81,750 as a result of trail design changes] • Beaver Creek Blvd. Bike Lane (striping and signage) - $35,000; • Pumphouse Pump Replacement - $100,000 (100% Funded by Water Fund); • Avon Recreation Center Expansion Exhibits and Displays - $5,000. Sub-Total Net Impact on Fund Balance – ($1,076,550)  Page 2 Revised Projects • Delay Fleet Maintenance Lift Replacement - $140,000; • Increase Avon Recreation Center Showers and Pool Deck Repairs - $40,000; • Delay Nottingham Park Restrooms and Showers - $275,000; • Increase 2014 Avon Mall Improvements - $300,000; • Delay Phase 3 (Eaglebend to Stonebridge) of the Eagle Valley Trail - $900,000. Delay CDOT grant revenues earmarked for Phase 3 to 2015; • Split the Eagle Valley Bridges Project into Phases 1 & 2 and revise the cost based on bids from $725,000 to $517,000 and $492,791, respectively. Eagle County Trails grant revenues are revised upward by a net $275,086 by a proposal to move funds previously dedicated to Phase 3 to Phase 2. Sub-Total Net Impact on Fund Balance from New and Revised Projects - $310,295 Other Revisions • Reduce transfers-in from Community Enhancement Fund for delaying the Nottingham Park restrooms and increase transfers-in for the Nottingham Park stage funding – Net $233,000; • Increase transfers-in from Water Fund for Pumphouse pump replacement ($100,000) and Nottingham Park Athletic Field Drainage Improvements ($14,000) – net $114,000; • Decrease Transfers Out to the General Fund for Engineering salaries associated with capital projects - ($39,438); • Decrease Contingency from $150,000 to $0; • Increase Transfers-In from the General Fund from $0 to $700,000 to provide adequate Ending Fund Balance Reserve. Other Fund Considerations Real Estate Transfer Tax revenues are budgeted at $1.6 million for 2014. YTD revenues through April total $895,378 or 56% of budget. It should be noted that one transaction of $490,000 was recorded in March for the sale of Chapel Place and without that one transaction, the monthly volume is averaging $101,345. Total Net Impact on Fund Balance from New and Revised Projects and Other Revisions, including $700,000 Transfer-In from 2013 General Fund Net Sources - $1,103,040 The estimated Ending Fund Balance of the Capital Project Fund based on all of the changes discussed above is $1,103,040. Staff is satisfied that this is adequate reserve given the assumptions of cost and revenues above.  Page 3 General Fund A large number of necessary changes to the General Fund have been accumulated since the beginning of the year, including various staffing changes, changes and additions to special events, and other unforeseen items. A summary of the changes is listed below: • Personnel Cost Savings - $299,521. Includes salary savings from Recreation Superintendent and Town Clerk positions, contracting-out of janitorial services, and reduction of part-time wages in the Engineering Department. • Appropriation of special event related costs - $128,356. Includes Flavors of Colorado event cost, Highline Phase II & III and 2015 WASC advertising. • Funding of Wildridge Fire Station – Wildland Fire Module - $61,100. • Branding and related Logo costs for design and priority products, such as stationery - $38,500. • Barracuda E-Mail Archiver - $14,688. • Holiday Lights - $30,000. • HVAC Contracts and Buildings and Facility Costs - $51,980. • Village (at Avon) Add-on Retail Sales Fee Revenues - $625,000. • Decrease in General Fund Subsidy to Transit - $82,000. • Delay to 2015 External Community Survey - $15,000. • Increase Transfers-Out to Capital Projects Fund to Fund new and revised 2014 Projects - $700,000. The net result of the above changes to the current net source (use) of funds creates a current year deficit of $75,731. However, because of the large increase in the General Fund beginning fund balance of $707,109 due to the surplus in 2013, the estimated ending fund balance is $624,944 greater than originally anticipated. After making revisions to the various assignments of fund balance based upon appropriations for special events and other items, the General Fund stabilization balance, which represents funds over and above the required 25% minimum fund balance, is increased by $553,612 to a total of $672,078.  Page 4 Transit Enterprise Fund Revisions to the Transit Fund include the following: • Remove $82,000 subsidy from the General Fund for the 20% match on bus. Fund Balance Reserves have been accumulated for this purpose. • Reduce capital outlay for new bus from $410,000 to $120,000 to purchase a smaller bus versus the larger buses purchased in recent years. This will also reduce FTA grant funds from $328,000 to $96,000 resulting in a net cost saving to the Town of $24,000. • Add I-70 Regional Transportation Facility maintenance costs that were not included in the original budget - $11,987 • Various Personnel Savings - $13,800 • Revise Beginning Fund Balance based on audit results - $24,669 The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $2,482 increase to the estimated Ending Fund Balance. Water Fund Revisions to the Water Fund include the following: • Add tap fees for Wyndham project originally budget for in 2013 but not received until 2014 - $232,000; • Add $253,535 to operating Transfers-Out for carryover of the Nottingham Lake Liner project ($139,535), the Pumphouse Pump Replacement ($100,000) and Nottingham Park Athletic Field Drainage Improvements ($14,000); • Eliminate Ditch Maintenance Contract – Complete in-house - $40,000 The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $1,604 decrease to the estimated Ending Fund Balance. Attachments: Capital Projects Fund Supplemental Amendment No. 2 General Fund Supplemental Amendment No. 1 Transit Fund Supplemental Amendment No. 1 Water Fund Supplemental Amendment No. 1 WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 1 OF 4 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: May 8, 2014 Agenda Topic: West Avon Preserve Trails Proposal INTRODUCTION: At Town Council’s April 22, 2014, meeting, several members of the Vail Valley Mountain Bike Association (VVMBA), Eagle Valley Land Trust (EVLT), and members of the public were present and voiced support for expanded mountain bike trail development in the West Avon Preserve*. Council provided direction to staff, based upon the comment, to proceed with a bid proposal for approximately 6.5 miles of trails to be machine built this spring. Council also asked for a comprehensive public outreach program, prior to expected action on the trails at the May 13th meeting, be conducted. PUBLIC OUTREACH: Town Staff organized several outreach tactics to get public input on the new trail proposal. Outreach included:  Three (3) open houses were held – May 6, Town Hall with PZC; May 7, Wildridge Fire Station; and May 10, Wildridge Fire Station.  The VMS board was placed on Metcalf Road for Open House awareness.  Advertisements were run in the Vail Daily.  Vail Daily Community Calendar listing.  Press Release sent to the A‐list and Vail Daily.  Trail Map and advertisement at Recreation Center, Town Hall, Library and trailheads.  Event dates on www.avon.org calendar.  PSAs on Radio Free Minturn and KZYR. The public Open Houses, held on May 6th and 7th, yielded a great number of supportive comments for the mountain bike trails as well as concerns with the proposed trail network. In response to the first two Open Houses, the trail proposal was revised from the proposal, which Council reviewed, to respect and respond to the comments. There was a general consensus to maintain separation between casual trail users and mountain bikers, where possible. Working together at the May 7th meeting, in Wildridge, an opportunity to create a mountain bike dominant loop was seen as a method to reduce mountain biking in the current casual areas near Beaver Point. Removal of a flow trail in that area as well would benefit hikers/walkers. Staff has also recognized that allowing Beaver Creek Point to remain ‘as‐is’ and be a hiking‐only trail, would result in the elimination of the Beaver Creek Point improvements since the proposed trail change would result in limited use of the trail for mountain bikers (a short out‐and‐back) – an outcome supported by public comments. WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 2 OF 4 Attachment A outlines the conceptual and comprehensive multi‐use trail plan prepared by VVMBA, from the meeting comments. The attachment includes Beaver Creek improvements, even though Staff is recommending no machine built improvements to that section. A more detailed, refined trail plan will be presented to Council on May 13, 2014, based on public comments received. A summary of oral comments received are attached for your review (Attachment D); the comments from Saturday’s Open House will be presented at the May 13th Council meeting. CONSTRUCTION PROPOSAL: Attachment B is the construction Proposal from Momentum Trail Concepts, a company that specializes in trail construction (http://momentumtrail.com). The attached proposal is for the trails identified at Council’s April 22nd meeting at a cost of $95,000; however, after the initial Open Houses, there was support to remove one of the two “family flow trails”, which lowered the total cost, to design‐build the trails for $86,750. The elimination of Beaver Creek Point improvements is an additional savings of $5,000, netting a total contractor cost of $81,750. The project would take approximately 12 weeks, and could commence as soon as June 1st. FUNDING: Town staff has been in contact with Eagle County Staff and believe the County will be amenable to transferring the balance from a grant received for the Saddleridge Trail, which has been completed with volunteers, to trail construction of approved trails in the West Avon Preserve. The balance is $12,450, after expenditures for signage. There are several options for funding and constructing the balance of contractor proposal costs:  New Town funds can be appropriated by the Town Council.  There are generous grant opportunities available from the Colorado State Recreational Trails Grant Program for both planning and trail construction, with award amounts available for the total estimate from Momentum and greater ($200,000). A local 30% match (10% must be cash) is required. The earliest funding award would be for 2015 construction. Deadline for submittal of this grant is in November, 2014 for 2015 construction.  The VVMBA can also continue to construct the trails by volunteers for little cost but it could take longer to complete the vision.  A combination volunteer, grant funded, and Town funded program can also be considered. DISCUSSION & OPTIONS: Staff sees the opportunity for West Avon Preserve trail development to meet a number of important objectives for the Town, including development of a recreational amenity which provides for healthy activity and, if several trails are approved at different ability levels, the establishment of a notable mountain bike and hiking “place” for residents and tourists. At the same time, there has been a significant amount of public input regarding this proposed trail network and concerns with the rapid nature of the outreach process. Possible options include, but are not limited to: Option 1 WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 3 OF 4 Approve a Professional Services Agreement (PSA) with Momentum Trail Concepts for construction of “Playground Way”, “Easy Loop”, “ASC Loop”, and “Lees Way” trails on the West Avon Preserve, in an amount not to exceed $81,750, subject to the following conditions: 1. Appropriation of the $12,450 County grant to the project and new funds of $69,300 from the Capital Projects Fund. 2. Approval by EVLT** of trails prior to construction. 3. An Amendment to Recreational Trails Master Plan be processed. Option 2 Delay action to a later date to gather more information, update of the Recreational Trails Master Plan, approvals of the trails by the EVLT, and time for staff to apply for funding Colorado State Recreational Trails Grant Program, Eagle County Community Enhancement funds, Great Outdoors Colorado, or others. STAFF RECOMMENDATION: Based on the direction received at the April 22, 2014, and considering public comments received over the past two weeks, Staff recommends the following: 1. Appropriation of up to $69,300 in new monies from the Capital Projects Fund, and $12,450 Eagle County Trails Grant Funds, for a total of $81,750) for trail construction by Momentum Trail Concepts for “Playground Way”, “Easy Loop”, “ASC Loop”, and “Lees Way” trails. a. The elimination of .5 mile of ‘flow trails” at a cost of $8,250. b. Allow Beaver Creek Point to remain ‘as‐is’ and be a hiking‐only trail. The elimination of the Beaver Creek Point improvements recognizes the limited use of the trail for mountain bikers (a short out‐and‐back) and comments by the public to reduce improvements in the area. This is a savings in the Proposal of $5,000. 2. Retain the existing social trail network on the upper bench of the property adjacent to Beaver Creek Point and Saddleridge Loop Road ‘as‐is’ for hiking use. 3. EVLT must approve all trail alignments prior to construction. 4. Amendment to Recreational Trails Master Plan will be processed. 5. Trail stewardship and enforcement, and emergency rescue programs be developed by Staff, with appropriate agencies as needed, and be developed, implemented and funding in the Town of Avon budget RECOMMENDED COUNCIL MOTION: If Council concurs with the Staff Recommendation, an appropriate motion would be: I move to authorize the Town Manager to execute a Professional Services Agreement with Momentum Trail Concepts in an amount not to exceed $81, 750 for trail construction of “Playground Way”, “Easy Loop”, “ASC Loop”, and “Lees Way” in the West Avon Preserve. The PSA will include the following conditions: 1. Construction must commence and be completed in 2014; 2. Prior to construction, the Eagle Valley Land Trust shall approve all trails. Funds in the amount of $69,300 are approved from the Capital Projects Fund Contingency line item, with $12,450 being allocated from the Eagle County grant, if approved by the Board of Commissioners. WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 4 OF 4 In addition, the Town staff shall prepare an Amendment to the Recreational Trails Master Plan as soon as possible for Town Council action, and the Town Manager shall develop a budget for stewardship enforcement, trail maintenance and emergency rescue needs, if any. *WEST AVON PRESERVE‐ TRAIL BACKGROUND: The West Avon Preserve is a 478‐acre open space parcel recently obtained by the Town of Avon. The Vail Valley Mountain Bike Association (VVMBA) is a local volunteer group that is in the process of constructing mountain bike trails in the West Avon Preserve. They completed the Avon‐Singletree connector trail (ASC) last year and are currently constructing the Saddleridge trail that will connect from the ASC to Beaver Creek Point in Wildridge. Last year, the Town, in partnership with VVMBA, received a $15,450 grant from Eagle County to complete the Saddleridge Trail, including monies for construction of the trail and trailhead signage. The Town has budgeted $10,000 for trailhead parking on Nottingham Road. Since the grant application, VVMA has nearly completed the trail without construction assistance and is requesting the Town and Eagle County transfer the grant monies from construction to preparing a master plan for the mountain bike trails in the West Avon Preserve and Wildridge. **EVLT TRAIL LOCATION APPROVAL: Presenting the mountain bike trails plan to the public is an important step prior to approval and funding. The trail locations must be approved by both the Town and the EVLT, the holder of the conservation easement on the property. The request to EVLT would be to modify the Management Plan, the guiding management document in place. In previous meetings, the EVLT has been positive about constructing more multi‐use trails as long as the trails are sustainable, respectful, and responsive to the natural resources (i.e. riparian areas identified during the land trade). ATTACHMENTS: A – Trail Map provided by VVMBA B – VVMBA Momentum Trail Concepts proposal, Spring 2014 C – Written Public Comments D – Summary of Public Comments received at Tuesday/Wednesday Open Houses Attachment B 5/8/14 Revised Trail Map A Hay Meadow Trail ProjecT ProPosal wesT avon Preserve Trails ProjecT sPring 2014 ProPosal submitted to Town of avon c/o Justin Hildreth, Town Engineer by Momentum Trail Concepts, llC Attachment B ProjecT overview Together with the town of avon, Momentum Trail Concepts endeavors to construct approximately 7-1/2 miles of trail in the West avon Preserve area. several unique trail experiences will be created, including: “Easy Loop” $16,500 approximately 1 mile in length and located adjacent to the Wildridge neighborhood, this trail will serve as an introduction to mountain biking. overall trail width and grade will be suited to the beginner rider, while wide-radius turns will ensure a comfortable experience for riders of all levels. “Playground Way” $16,500 This trail will begin at the playground in Wildridge and end at the “Easy loop”. also gentle in grade, this approximately 1-mile trail will serve to connect users and residents from “lee’s Way” to the “Easy loop”, “Beaver Creek overlook”, and “Masher”. “Beaver Creek Overlook” $5,000 an existing, bi-directional double track route, Momentum Trail Concepts will re-align this route to improve safety, slow rider speeds, and better address drainage issues. “ASC Loop” $8,250 located near the eastern end of the avon-singletree Connector trail, this half-mile trail will allow users to have a shorter trail experience without the rigors associated with some of the climbs on the existing trail. wesT avon Preserve Trails ProjecTsPring 2014 ProPosal Attachment B “Flow Trails” $16,500 These short sections of trail (approximately 1/2-mile each) located in the middle of the “Easy loop” and “asC loop” will serve users seeking to train on one particular trail for multiple laps. Designed to entertain and challenge, they will consist of banked turns, jumps, and rollers. These additions will prove popular with kids and young adults. “Lee’s Way Down” $33,000 approximately 2 miles in length, this unidirectional trail will begin at the terminus of the Beaver Creek overlook Trail and end at the eastern portion of the avon-singletree Connector Trail. Masher has the potential to become the signature trail in the parcel—featuring banked turns and rolling grade reversals to both enhance user experience and aid in sustainability. Trail sPecificaTions Proposed Construction Specifications single track trails constructed for this project will average between 12-24 inches in width. soil and vegetation will be cleared from the trail, exposing mineral soil underneath. Tread will require a minimal 5% outslope to facilitate drainage, along with the wide dispersal of removed soil onto downhill side. Final preparation of trail will involve the smoothing and/or compaction of exposed mineral soil to a reasonable standard. Exposed roots and stone need not be removed. Further stone may be used to denote trail line and corral users onto correct trail line. wesT avon Preserve Trails ProjecTsPring 2014 ProPosal Attachment B Proposed Construction Specifications (con’t) Where necessary, constructed trail will be used in conjunction with full bench construction or other recognized trail construction techniques dependent on slope and ground conditions. it is anticipated that several features will be added to improve user experience on this trail, including berms, rollers, and beginner-level jumps. sTaTeMenT of QualificaTions Momentum Trail Concepts is ably qualified to undertake this project and provide a trail product of the highest quality. We have multiple examples of this type of work in our resume—as recently as our work on the Hay Maker and Pool and ice trails in Eagle County in 2013, in Chile in 2012 and 2013, and dating back to 2005 with our help in constructing the World Cup cross country track in angel Fire, nM. additionally, we constructed more than 5 miles of cross country trails at the solVista Bike Park in granby, Co from 2008-2011. Please feel free to consult our website for examples of our work at www.momentumtrail.com. references are available upon request. wesT avon Preserve Trails ProjecTsPring 2014 ProPosal Attachment B work scHedule and cosTs Schedule Momentum Trail Concepts estimates construction time for this project will take approximately 12 weeks. although we have existing commitments for 2014, with sufficient advance notice we can be available to begin as early as June 1, 2014. Costs • Momentum Trail Concepts submits a bid of $95,000 for the entirety of this project; including design, construction, lodging, fuel, and equipment rental. • We request a 1/3 deposit upon execution of the contract, 1/3 payment upon 50% completion, and 1/3 payment upon full completion to the town’s satisfaction. local volunTeers Momentum Trail Concepts understands avon has an incredibly strong biking population with a well-earned reputation for doing great trail work and being stewards of the land. it is understood we’ll work closely with members of the VVMBa to make a great trail riding experience for riders of all abilities. wesT avon Preserve Trails ProjecTsPring 2014 ProPosal Attachment B Page 1 of 1 Attachment C West Avon Preserve Trails Plan Summary of Public Comments/Questions received at May 6 & May 7 Open Houses Questions  Is this Grouse Sage habitat?  Why are there no walking paths?  Can this area be patrolled and effectively managed with more trails?  What are the O&M costs after construction?  Special events on the property?  Will these trails connect to Berry Creek and Edwards eventually? Comments  Walkers need to be at the table instead of only bikers  Cigarettes are being found on the trails and this must be addressed  Dog conflicts are a potential with more trails, and dogs are always off leash  Examples of Successful multi‐use trail systems to review include Sedona, AZ, Boulder, and Eagle  Signage and Education will be key to the success of these trails  “Easy Loop” o This area is historically a hiking area and should not have bikes o Move away from private properties  West Avon is a special place that must be protected  “Family Flow Track” is at the ‘heart’ of the preserve and should be a protected area. This is where dogs go now.  Leave existing social trails on the upper bench between Beaver Creek Point and Saddleridge Loop pedestrian only as they have been used for years  Dog waste is a major problem and more patrolling is needed  These trails could result in more traffic  “Playground Way” should be moved further away from private properties  “Lees Way” o There should be a pedestrian option if possible and not restricted solely to bikes o Could this be rerouted to avoid user conflict?  Sewer line adjacent to June Creek is already a trail used frequently and adding another trail in same vicinity does not make sense  These trails will improve property values  Resource concerns with Blue Grouse habitat  Dept. of Agriculture has acknowledged the abundance of flora on this particular property  Fences to help divert and control users creating their own trails might be consideration  The process seems rushed compared to land exchange process which took years  Examples of proposed signage should be added to the website for review.  Speckled Hound has looked at the property for potential running race given the terrain Comments (not directly related to Trails)  Wildfire mitigation must be addressed with or without this effort  Cycle cross race has been considered in Nottingham Park not in West Avon Attachment DAttachment D 1 Matt Pielsticker From:Dosch, Thomas (ICA) <tom.dosch@investmentcenters.com> Sent:Tuesday, May 06, 2014 11:37 AM To:Matt Pielsticker Subject:West Avon Preserve trails ͸ǡ͹ǡͳͲǡ ȀǤ Ǥ ǡ ͵Ͳ͵ͺ ǡͺͳ͸ʹͲ Attachment DAttachment D 1 Matt Pielsticker From:Jim Horan <Vailmtneer@comcast.net> Sent:Thursday, May 08, 2014 11:05 AM To:Rich Carroll email; Matt Pielsticker Subject:Avon West Preserve Trails Plan Ƭǣ ǤǤ Ƭǲǳ Ǥ Ǥ Ǥ ȀȀ Ǥ ȋȌǤ ǲǳǤǡ Ǥ ǤͳͷǦ ͳͷǤ ǤʹͲͲʹȋͳͻͻͲȌ ǤǥǤ Ǥ ͳ͵Ǥ Ǥ ǡ ǤǤ͹ͶͺͲ ʹͳ͸ͷ ǡͺͳ͸ʹͲ ͻ͹ͲǦͺͶͷǦ͹ͻʹʹȋȌ ͻ͹ͲǦ͵͹͸Ǧͳ͵͹ͺȋȌ Attachment DAttachment D 1 Matt Pielsticker Subject:FW: Preserve Trails Attachments:trail.jpg From: Lisa and Doug Currey [mailto:douglisaj@yahoo.com] Sent: Thursday, May 08, 2014 11:35 AM To: Matt Pielsticker Subject: Re: Preserve Trails Thanks Matt, Part of the easy loop got closer to the 5 homes of the Beaver Creek Pt HOA (2001 thru 2019 Beaver Creek Pt). That part would put it up along a small ridge that would be in view of the west facing homes. It's requested that that section be moved further SW, down the ridge some, as in the attached drawing. Thanks, Doug Currey Matt Pielsticker, AICP Planning Manager Community Development Town of Avon 970.748.4413 mpielsticker@avon.org From: Lisa and Doug Currey [mailto:douglisaj@yahoo.com] Sent: Thursday, May 08, 2014 6:57 AM To: Matt Pielsticker Subject: Preserve Trails There was a promise last night for a quick turnaround on a revised trail plan to be online at the Avon website. When and where will we be able to see it? Thx, Doug Currey Attachment DAttachment D 1 Matt Pielsticker Subject:FW: Avon West Preserve Trails Plan ǦǦǦǦǦǦǦǦǦǦ ǣ ȏǣ Ǧ ̷ǤȐ ǣǡͲͺǡʹͲͳͶͳǣͷʹ ǣǢ ǣ̵ ̵ ǣǣ ǦǦǦǦͷ͹ʹ͵ͻͲ̵Ǥ ǦǦǦǡȀǤ Ǥ Ǩ ͵Ͳʹ͸ ǡͺͳ͸ͷͺ ǣͻ͹ͲǦͻͶͻǦͲͻͶͻ ǣͻ͹ͲǦ͵͹͸Ǧͳ͵Ͷʹ Attachment DAttachment D 1 Matt Pielsticker From:Tim Halbakken <tim@braunassociates.com> Sent:Thursday, May 08, 2014 1:56 PM To:Matt Pielsticker Cc:'timothy halbakken' Subject:Tim Halbakken comment on trails Attachments:140508 possible solutions.pdf; 140508 possible solutions.jpg Matt, Thanks for all your work on this. I am sure you will be receiving a lot of emails regarding this, so I’ll try to keep it to the point and hopefully useful. I have marked up some maps and attached them, probably best to look at while reading this. I have lived in Wildridge full time for 9.5 years and have a 6 year old son, a wife and 2 dogs. I am a mountain bike enthusiast and strongly support the development of new trails in the West Avon Preserve. Additionally, I work as a Landscape Architect and Planner (working with Pedro on Post blvd and transportation facility) and have background in multi-use trail design. As I opined at last nights open house, I was super excited to see the family flow section at the point, however, I now agree w/ a number of those that voiced their opinion against the proposed location of this and the green loop. “The point” really is a special place and I don’t think enough thought has gone into how the trails would work up there. I believe that leaving “the point” area as unchanged as possible is the path of least resistance for approval and will result in less confrontations in the future (there are A LOT of “bad hikers” that frequent the point). I believe having one defined access point through the point area will best serve all users and I think a family flow area on and near the saddle ridge start is possible. As for a beginner loop, you can already ride on all of the trails, I just don’t think it’s a great idea to promote it (6 car parking lot etc.) I have attached a jpg and pdf of some ideas that I have for possible solutions for compromise that should make the majority of people happy. I hope you have the time to look these over and please ask me questions if you have any. Reply to all on this email as I will be out of the office tomorrow. Other comments: -Except for lee’s way, all trails should be two way. -Need to promote Avon, not Wildridge as the best access to trail network. -Really excited to have beginner and some flow trails to ride with my son -for the next public meeting, maybe consider breaking up the group, a lot was said by few people at last nights open house. Could be one area w/ the trails experts, one w/ process experts, one w/ con easement experts. Hey, thanks again for all your work, hope to see you out on the trails soon, Tim Halbakken Braun Associates, Inc. 225 Main Street, Suite G-2 Edwards, CO 81632 (970) 926-7575 www.braunassociates.com Attachment DAttachment D Attachment D Attachment D Avon Town Council, I have been a resident of Avon/Wildridge since 1996 and work full time in the town of Avon. I would like to voice my support for the proposed trails on the West Avon Preserve. I am a trail enthusiast (hiker, dog walker, volunteer trail builder and mountain biker). I am a father of 18 month old twins. I would very much like to see this area as a place where I can watch my children grow and develop skills. These skills would not be limited to hiking or mountain biking but also as active members of a community. The trail system provides opportunity for growth as a community member, volunteer, and advocate for the responsible use of mixed trails. As a parent of young children, the one mile easy loop would be a great place to take a stroller on an improved path. The one mile easy loop would provide an area for my children to learn to ride without the use of asphalt in a place they are familiar with. The proposed family flow trails would give them an opportunity to progress without an overwhelming jump to difficult trails. The interaction with other children and beginners doing the same would be extremely beneficial. This would all accessible from my front door. As a trail user, the ASI connector trail and the Saddleridge Trail have already opened up Avon for me. I have used the Saddleridge trail on my commute to work. I have enjoyed a meal at the Northside Café after a nice ride. During the mud season, I am excited about an improved trail for walking my dog or as mentioned above taking the kids for a stroll. Lee’s Way trail would make for an incredible loop. I could ride up Saddleridge or Masher and down Lee’s during my lunch break. As a volunteer working on the Saddleridge Trail, I have encountered a great deal of appreciation from hikers and mountain bikers alike. Masher, Wild West Ridge, Beaver Creek Overlook and other proposed trails all add to a great variety of trail and trail use choices. Some replace or improve dangerous rouge trails and will focus use on approved sustainable trails. I personally appreciate the great deal of work that has already gone into this project and would love to see the additional trails completed. Cody Wyse Also supported by my family: Jonna Wyse, Althea Wyse and Peter Wyse. Attachment DAttachment D 1 Matt Pielsticker From:Peter Warren <pgwarren@comcast.net> Sent:Thursday, May 08, 2014 3:14 PM To:Rich Carroll email; Matt Pielsticker Subject:West Avon Open Space Trails Proposal Rich and Matt – I hope to attend the Saturday PM meeting regarding the proposed trail expansion plan. As a Wildridge resident, I was pleased to see the ‘land swap’ successfully conclude and continue to enjoy a limited amount of this open space as one of a number of ‘dog‐walkers’ in our neighborhood. During our 12 years of home ownership in Wildridge, most all the activity I’ve seen across this land has been dog walkers – the vast majority of folks being neighborhood residents. There are a few mountain biking residents as well. While deer and coyotes are seen infrequently, we’ve yet to see any evidence of elk activity. In the spirit of welcoming further use of these natural resources, I have some concerns that I hope might be addressed on Saturday. It appears the Vail Valley Mountain Bike Association is a driving force for the proposed trail expansion. I’d like to know more regarding the following: ‐ Overall projected investments for trail expansion. ‐ Sources of funds and amounts. ‐ Anticipated ‘additional’ investments (rest rooms, parking, etc.). ‐ Size of the VVMBA membership. ‐ Percentage of members who are Avon residents. ‐ Forecasted usage by VVMBA (times of the year, weekend vs mid‐week use, average number of users/day, any special events, etc.). ‐ Projected impact on the Beaver Creek Point parking capacity. In essence, what the investments are for the Town, what’s our ‘return’/benefits, what the usage impact might be compared to the current, rather minimal use and impact on the open space, and ‘where this all may be headed’ in the future. I trust most of the above are well understood by the planning community and can be shared and communicated prior to any decisions being finalized. Thanks for your consideration and I look forward to seeing you and others on Saturday. Best regards, Peter Warren Attachment D At t a c h m e n t D 1 Matt Pielsticker From:Grant Smith <gsmith@ranelson.com> Sent:Thursday, May 08, 2014 4:07 PM To:Rich Carroll; Dave Dantas; Buz Reynolds; Chris Evans; Jennie Fancher; Jake Wolf; Matt Pielsticker Subject:Wildridge Trails - West Avon Preserve Dear Avon Town Council, I would like to voice my support for the proposed Wildridge Trail System that has been subject to recent discussion and public input. As an Avon homeowner, avid mountain biker and trail runner I believe this plan to be a positive addition to our community in a multitude of ways. This project is being organized and planned with the utmost respect for all stakeholders within the community and I believe it deserves the support of our Town Council. This is an opportunity for the Town of Avon to add a unique and positive asset to town that raises the profile of the town within the community and state as a destination place to enjoy the outdoors in a positive and well managed way. Thanks for your service to our Town and hope you listen to the community as I believe there is overwhelming support for this project. Grant Smith LEED® AP Project Manager 970-949-4379 Fax 970-949-5152 Office 970-391-9736 Cell gsmith@ranelson.com R.A. Nelson 51 Eagle Road #2 P.O. Drawer 5400 Avon, CO 81620 970.949.5152 Attachment D 1 Matt Pielsticker From:scherpf911@aol.com Sent:Thursday, May 08, 2014 9:47 PM To:Rich Carroll; Matt Pielsticker Cc:Lisa and Doug Currey; Scherpf911@aol.com; DeltaRetired@comcast.net Subject:Fw: Open Letter to the Town of Avon Officials Open Letter to the Town of Avon Officials From: scherpf911@aol.com Sent: Thursday , May 8 , 2014 7 : 33 PM To: Scherpf911@aol.com My name is Dave Scherpf. Mary Ann and I live at 2001 Beaver Creek Point. I am the president of the 2001 Beaver Creek Point Homeowners Association. We have lived in our Wildridge home since it was built in 2001 and previously in states up and down the East Coast and Midwest. Colorado is simply the best with the Vail Valley having unsurpassed beauty. We are bikers (mountain, road, cruiser)and helped in the construction of the Wildridge/Singletree trail a couple of springs ago. We especially enjoy living next to and using the current trail system. Mary Ann and I attended the open house last evening at the Wildridge fire house. My initial thought was, what is the town of Avon thinking? The article in the 4/26 Vail Daily, town hall,and last night’s meeting was , I believe, is the public’s first exposure to the biker plan. The TOA is scheduled to have one more “public” meeting on 5/10 (mayor will not be attending) followed by a TOA decision meeting on 5/13. Apparently the VVMBA has been working the trail plan for some years. Translation: the bikers had years to plan and the public has had a few days to hear about the biker plan prior to the TOA decision date. This smacks of “ramrodding” the biker plan by the TOV and The VVMBA. Interestingly the public comment meetings are being held in the off‐season when many residents are out of town. I think it’s fair to say that the TOA/VVMBA trail plan has been anything but transparent. I find this to be very unfortunate, had it been handled openly all groups could have contributed with a more favorable conclusion. In respect to the biker plan shared last evening, there were numerous pro and unresolved con comments. Personally I object to bringing in mini‐ bulldozers for building redundant 3‐4 foot wide trails in the flat area. Why would TOV/VVMBA want to carve up a pristine flat area where trails already exist? Members of VVMBA commented that mountain bikers are not interested in unchallenging flat trails. How effective will the mini bulldozers be in carving out the severe down trails? We need to find more effective ways of dealing with people who abuse (smoking, fireworks, picking up after your dog) the trails. Signs are not always effective. I hope the TOA can find a way to make the trail system to work for all interest groups. I know it’s not possible to make everyone happy, however the TOA can do better. Sincerely, Mary Ann & David Scherpf Attachment D 2 P.O. Box 8789 2001 Beaver Creek Point Avon, CO 81620 (970) 376‐6048 Attachment D 1 Matt Pielsticker From:Mark Luzar <doskiwme@yahoo.com> Sent:Thursday, May 08, 2014 11:09 PM To:Rich Carroll; Dave Dantas; Buz Reynolds; Chris Evans; Jennie Fancher; Jake Wolf; Matt Pielsticker Cc:Casey Wyse; Jamie Malin; John M; Kathleen Sedillo; Peter Geyer; Lee Rimel Subject:Avon Multi-Use Trail Advocate Dear Avon Town Councilors and Managers, I am writing this mail to voice my total support and continued hands-on work for the multi-use and mountain bike trails that have been proposed, that have been constructed and that are currently under construction in Avon. These trails will add to the enjoyment of our local residents as well as draw more tourists to our valley in the spring and fall months. These specific Avon trails will add to our economy during the "off" seasons as they face south and thus are open for one or two months longer than the north facing trails. I believe our long term goal must be to become a better spring, summer and fall tourist destination. These new trails will draw people to our valley and will improve our off-season economy. As you are aware, other ski towns that have developed large and sustainable off-season trail systems over the past 10 - 20 years have proven they can generate nearly as much and even more tourist revenue in the off-season as compared to ski season. The new Avon trails are being designed and will be built using all the knowledge gained from the other areas to guarantee long term sustainability. The designs also ensure a minimum of environmental impact and have minimum visibility from neighborhoods and roads. We are working closely with all the land managers and are using all of the most current techniques and methods. I understand that there are those who object to the new trails proposal for various reasons. However, as stewards for the Avon economy, I am sure you understand that we need a level of sustainable growth. These trails will benefit our community and our economy and will have an absolute minimum of environmental impact compared to any other method of growing our economy. It is clearly documented over multiple communities and over multiple years and that well designed and managed multi-use trail systems offer significant payback in tourist revenue. I am a property owner, small business owner and on/off resident of Avon since 1976. I am a permanent resident since 2008. I am a member of Vail Valley Mountain Bike Association and an active trail user and builder. Please give your support to our Avon trail proposals and thus help grow our economy and make our valley an even more pleasant place to live. Respectfully, Mark Luzar & Pegasus Rumaine 148 Deer Blvd Avon, CO Attachment D PAGE 1 OF 3 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Susan Fairweather, Director of Economic Initiatives Date: May 13, 2014 Work Session Topic: Town of Avon Branding: Presentation of Avon’s Logo and Tagline Introduction On March 11, 2014, the Town Council reviewed and accepted the Avon Branding Platform - an internal document for use by the Town and stakeholders, which describes the essence of what Avon is and will serve to inform marketing and communications messages internally and externally. From this statement, Avon’s Economic Development Advisory Committee (EDAC), advised by Avon’s consultant group Origin Design & Communications, has crafted a new logo and tagline for Council’s consideration and approval. EDAC, whose membership is provided below, is pleased to present the recommended Logo & Tagline, products developed through consensus of the group of several meetings and thoughtful conversations. Logo The new Logo is attached and described as follows: This modern, progressive and innovative design brings the elements of mountains and reflections into a simple word mark and graphic element. • The shapes are angular, yet feature rounded corners that make an otherwise very contemporary typeface feel approachable and friendly. • The graphic depicts a mountain reflected in Avon’s river and lake but together create an enclosure that says “community”. • The simplicity of the logo allows for the use of “Colorado” and a tagline where appropriate. • The colors include a leaf green, water blue and a dark grey/brown that is strong, yet not as hard as pure black. The Logo will be used internally and externally as tool in developing the Town’s identity as presented in the Brand Platform. It is the basis of the development of Avon’s look, and those collateral pieces used by the Town to represent itself. Tagline: Endless Possibilities The consensus of the EDAC committee was to adopt the Tagline “Endless Possibilities”. The Tagline captures the essence of the Brand Characteristics and Story including: Characteristics: • Entrepreneurial and energetic • Optimistic and open to change • Nature loving and adventurous • Welcoming and engaging • Complimentary and connected to its resort neighbors • Progressive and ecologically aware Story descriptors: • Intangible energy • Promise and potential • Optimism and openness to change PAGE 2 OF 3 • A community with initiative • Undeniable passion of the people • Enriched and diverse experiences • Vibrant, genuine, progressive experiences The Avon tagline may be used with or without the logo and is subject to change if the environment in which it is used. An example might include an anniversary celebration or other special moment for the Town. Many entities change taglines yearly while others never change. A variety of logos and taglines were crafted and reviewed with Origin. The array of offerings is not included with this memo, but will be available at the meeting for review by the Town Council. Illustrative examples of the logo and tagline on stationery and fax documents are attached with this memorandum. Avon’s Economic Development Committee Avon’s Economic Development Advisory Committee (EDAC), has been the lead group in developing the Banding Platform and Logo &Tagline. The membership consists of: Chris Evans, Todd Goulding, Chris Romer – Vail Valley Partnership, Danielle McNair – Vail Resorts, James Deighan- Highline Entertainment, Jen Dean – JD Design, Jerri Hoffmann – Hoffmann Properties, Jorge Umana – Meridian Intermountain, Kristen Pryor – Westin Riverfront, Markian Feduschak – Walking Mountains Science Center, Mike Brumbaugh – Avon Venture Sports, Phil Struve - Avon Planning and Zoning Commissioner, Ross Iverson – Vail Leadership Institute, Scotty Stoughton- WinterWonderGrass, Tim Baker – Vail Resorts, and staff members Virginia Egger, Matt Pielsticker, Danita Dempsey and Susan Fairweather. A special thank you is given to each member for their inspiration, time, collaboration and attentive work in this process. Next Steps The Town of Avon contracted with Origin Design & Communications for a three step process, with funding approved for the first two steps: Step One. Brand Articulation – Brand Platform accepted by Town Council on March 11, 2014 Step Two. Creative Development – Logo & Tagline presented May 13, 2014 Step Three. Marketing Implementation Plan Origin, with the EDAC, now has completed Step Two. The work included: • Presentation of four concepts of logo design • Refinement of logos based on feedback from EDAC members/Refinement of taglines for consideration • Creative presentation of the Logo & Tagline options. Step Three: Marketing Implementation Plan If Council adopts the Logo and Tagline, Step Three is the Marketing Implementation Plan. This process will include: 1. Selection of Graphic Designer to further development of the adopted look in collateral materials. The estimated timeline for selecting a graphic designer is approximately 4 weeks. Origin and other qualified designers will be asked to bid on this work. 2. Establishment of Priority Collateral Items and assignment to Graphic Designer. Collateral materials will be prioritized on basis of public impact, e.g.; rollout for 2015 WASC and other highly visible public representations of the brand look. Collateral may include: PAGE 3 OF 3 • Communications Set (Letterhead, Envelopes, Note Cards, Business Cards) • Website Skin • Street Banner Design • Other design elements needed for immediate implementation such as Bus Logos • Other design elements identified for future development and implementation. • Newspaper Ad Template & Brochure (i.e., Creative Arts District) • Design Standards Manual (internal and external use of developed brand elements) 3. Budget allocation for development and production of prioritized collateral items is estimated to range from $10,000 to $25,000. A $20,000 line item is recommended in the May 27th General Fund Amendment for this work. Production of selected collateral items will be through bid or quote process established by the Town. The estimated timeline for design and deliverables will be established following the selection of the design firm. Staff Recommendation Staff recommends Town Council adoption, by motion and vote, of the new Logo & Tagline as presented. Attachments: Logo Logo with Tagline Example Stationery Example Fax Cover Sheet AV O N L O G O Op t i o n 3 C o l o u r s AV O N L O G O Op t i o n 2 C o l o u r s AV O N L O G O Op t i o n 1 C o l o u r T r a n s p a r e n c y AV O N L O G O Op t i o n 1 C o l o u r P l a i n AV O N L O G O Op t i o n 1 C o l o u r P l a i n W h i t e AV O N L O G O & T A G L I N E Op t i o n B 1 En d l e s s Po s s i b i l i t i e s Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY From: Susan Fairweather Phone: 555-555-5555 Fax: 123-456-7890 Company Name: Town of Avon To: Greg Johnson Phone: 555-111-2222 Fax: 555-111-2223 Company Name: ACME Grocery Store Comments: Sample Fax form example 5/7/2014 ☐ Urgent ☐ For Review ☐ Please Comment ☐ Please Reply ☐ Please Recycle Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY 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: Lot 5 Restrictive Covenant Agreement DATE: May 8, 2014 SUMMARY: Traer Creek representatives contacted me several weeks ago to explain that two lenders to the project had expressed concerns about the potential for the Town of Avon to sell Lot 5, Filing 1, in the Village (at Avon). Lot 5 is the four acre public works facility property that was conveyed to the Town as a condition of the 1998 Annexation and Development Agreement. As one part of the settlement with Traer Creek the parties have sought subordination agreements from various lenders, including Royal Bank of Scotland and Laramie Participations, Inc. The lender subordinations are for the purpose of releasing deeds of trusts from properties to be conveyed to the Town and the Upper Eagle River Water Authority and for the purpose of securing lenders’ consents to the new Development Agreement. BNP Paribas also requires lender subordinations as a condition of re-financing the Traer Creek Metropolitan District bonds. Attached are letters from Royal Bank of Scotland and Laramie Participations, Inc., describing their concerns and requirements related to Lot 5. Traer Creek initially requested an amendment to the Development Agreement to re- insert language regarding the use and ownership of Lot 5 as stated in the 1998 Development Agreement. However, due to the cumbersome procedures for amending the Development Agreement the use of a Restrictive Covenant Agreement was deemed more efficient. Lot 5 was conveyed by a simple deed without any restrictions. The existing PUD Guide designates Lot 5 for commercial use whereas the new PUD Guide to be effective upon settlement designates Lot 5 as a Public Facility which may only be used by governmental entities for governmental purposes. The 1998 Development Agreement stated the public works land dedication obligation in Section 4.3(d) as follows: (d) When required for actual use by the Town, or earlier if determined by Owner or the applicable District, Owner or the Districts shall convey to the Town one or more parcels of land south of Interstate 70 (up to a maximum of three (3) parcels, the actual number of which shall be designated by the Town within ninety (90) days after request from Owner or the applicable District to do so) aggregating approximately four (4) buildable acres, provided that no such parcel shall be larger than two (2) buildable acres, the locations of which shall be designated by Owner or the applicable District, to be used exclusively for the Town's construction and operation of a public works facility and fire station (collectively, the "Public Works Dedication"). [emphasis added] Restrictive Covenant Agreement: The attached Resolution No. 14-10 approves a Restrictive Covenant Agreement Concerning Lot 5 which restricts the ownership of Lot 5 to the Town of Avon during the term of the new Development Agreement and restricts leases to 6 year terms. The Restrictive Covenant Agreement Concerning Lot 5 only takes effect if the settlement is finalized. REQUESTED ACTION: Consideration of Resolution No. 14-10. Thank you, Eric Attachments: Resolution No. 14-10 with Restrictive Covenant Agreement Letters from Royal Bank of Scotland and Laramie Participations, Inc. M EMORANDUM & PLANNING, LLC Res. 14-10 Restrictive Covenant Agreement Concerning Lot 5 May 13, 2014 Page 1 of 1 TOWN OF AVON RESOLUTION NO. 14-10 Series of 2014 A RESOLUTION APPROVING A RESTRICTIVE COVENANT AGREEMENT FOR LOT 5, FILING 1, VILLAGE (AT AVON), TOWN OF AVON, COLORADO WHEREAS, on October 7, 2011 the Town of Avon (“Town”) and other parties entered into the Settlement Term Sheet (“Settlement Term Sheet”) in an effort to resolve pending litigation No. 2008 CV 385 and 2010 CV 316, Eagle County District Court; WHEREAS, the Town may enter into a restrictive covenant agreement by resolution; WHEREAS, the Avon Town Council desires to enter into the Restrictive Covenant Agreement Concerning Lot 5, Filing 1, Village (at Avon), Avon, Colorado (“Agreement”), for the reasons stated in such Agreement; and, WHEREAS, the Avon Town Council approved the Receipt and Escrow Agreement Pertaining to the Village (at Avon) Settlement Implementation (“Closing Escrow Agreement”) by Ordinance No. 12-10 which set forth various terms concerning the execution and deposit of documents and agreements into escrow and the effectiveness or voiding of such documents and agreements. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON that the Restrictive Covenant Agreement Concerning Lot 5, Filing 1, Village (at Avon), Avon, Colorado attached hereto as Exhibit A is hereby approved by the Town of Avon subject to the terms and conditions of the Closing Escrow Agreement: ADOPTED on May 13, 2014 TOWN COUNCIL ATTEST: By:_________________________________ By:________________________________ Rich Carroll, Mayor Debbie Hoppe, Town Clerk Attachment A Restrictive Covenant on Lot 5, Filing 1, Village (at Avon) [FINAL May 8, 2014] Page 1 of 4 Restrictive Covenant Agreement Concerning Lot 5, Filing 1, Village (at Avon), Town of Avon, Colorado This Restrictive Covenant Agreement (“Agreement”) entered into as of May 14, 2014 (“Execution Date”) is by and between the Town of Avon, a Colorado Home Rule municipal corporation (“Town”), to Traer Creek LLC (“TC-LLC”) (individually referred to as “Party” and collectively referred to as “Parties”). WHEREAS, on October 7, 2011 the Town of Avon and other parties entered into the Settlement Term Sheet (“Settlement Term Sheet”) in an effort to resolve pending litigation No. 2008 CV 385 and 2010 CV 316, Eagle County District Court; WHEREAS, as a condition of obtaining the Amended and Restated Consent and Subordination Agreement with The Royal Bank of Scotland plc (“RBS”) and two (2) separate Amended and Restated Declarations and Subordinations with Laramie Participations Inc. (“Laramie”), which subordination agreements are both required in order to obtain the consent of BNP Paribas for refinancing of the Traer Creek Metropolitan District bonds, which is required as an essential term of the Settlement Term Sheet, RBS and Laramie have both demanded that the Town impose a restriction on the use and ownership of title to Lot 5, the Village (at Avon) Filing 1, According to the Final Plat of the Village (at Avon) Filing 1 Recorded May 8, 2002 at Reception No. 795007, Town of Avon (“Property”) in a manner consistent with the October 13, 1998 Annexation and Development Agreement entered into by and between the Town, TC-LLC and EMD Limited Liability Company (“EMD”), as successors to EMD, PVRT NOTT I LLC, PVRT NOTT II LLC, and PVRT NOTT III LLC, as more particularly set forth in the November 13, 2001 First Amendment to Annexation and Development Agreement entered into by and between the Town, TC-LLC, EMD and Traer Creek Metropolitan District; WHEREAS, the Town desires to facilitate completing the settlement contemplated in the Settlement Term Sheet; and WHEREAS, the Town and certain parties have entered into the Consolidated, Amended and Restated Annexation and Development for the Village (at Avon) made and entered into on October 22, 2013 (“Development Agreement”). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, Town and TC-LLC agree as follows: 1. RESTRICTION ON CONVEYANCE OR LEASE. Town agrees that the ownership of title to the Property shall be restricted to the Town and that the Town shall not convey, transfer, lease for a period greater than six years (inclusive of all extensions), or assign title to the Property, or any improvements or structures located on the Property, directly or indirectly by sublease or otherwise, to any other party during the term of the Development Agreement without the prior written consent of TC-LLC being first obtained in each instance, which consent shall not be unreasonably withheld if the request is consistent with the intent of this Agreement. Any conveyance, transfer, lease, sub-lease or assignment in violation contained in this section without the prior written consent of TC-LLC shall be automatically void ab initio. TC-LLC shall be the beneficiary of the restriction contained in this section and shall have all rights at law and equity to enforce this restriction during the term of this Agreement. Notwithstanding the foregoing, (a) no lease or sublease of the Property for a period not greater than six years shall be renewed in consecutive periods to the same lessee or sublessee or its respective ATTACHMENT A EXHIBIT A Restrictive Covenant on Lot 5, Filing 1, Village (at Avon) [FINAL May 8, 2014] Page 2 of 4 affiliates in an effort to evade the restrictions contained in this paragraph, and (b) nothing in this Agreement shall restrict the Town from pledging title or other interests the Property for public financing and entering into such agreements regarding title and lease of the Property as may be beneficial and desired by the Town to obtain such public financing, including but not limited to certificates of participation, provided that the proceeds of such financing shall be used for capital improvements constructed essentially as, and for use of, a Town public facility on the Property and all related expenses, including but not limited to financing, legal, and engineering. In the event of a conveyance of title to the Property whereby any person or entity agrees to assume the public financing debt allocated to the Property, then TC-LLC shall have a right of first refusal to acquire the Property on the same terms, which right must be exercised within forty-five (45) days following TC-LLC’s receipt of written notice of such conveyance. 2. TERM. The term of this Agreement shall commence on the Effective Date of the Development Agreement (as “Effective Date” is defined in the Development Agreement) and shall terminate upon termination of the Development Agreement. In the event that the Effective Date of the Development Agreement does not occur and the settlement contemplated in the Settlement Term Sheet does not occur then this Agreement shall become automatically void ab initio. 3. AUTHORITY TO BIND PARTY. The undersigned persons represent that they are expressly authorized to execute this Agreement on behalf of their respective Parties and to bind their respective Parties and that the Parties may rely upon such representation of authority. 4. LEGAL FEES AND COSTS. In the event that a Party institutes an action or proceeding for a declaration of rights of the Parties under this Agreement, for injunctive relief, for an alleged breach or default of this Agreement, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing Party shall be entitled to its actual reasonable costs and attorneys’ fees in addition to any other relief awarded in such action. The Parties hereby waive any rights to request a jury trial. 5. GOVERNING LAW AND VENUE. This Agreement shall be governed and construed under the laws of the State of Colorado. Venue for any legal action relating to this Agreement shall be the State District Court in and for the County of Eagle, Colorado. Each Party shall also have the right to obtain a declaratory judgment, whether the issue is ripe or not. If a court will not issue a declaratory judgment, because the issue is not ripe, the applicable Parties agree to submit any disputes under this Agreement to the Judicial Arbiter’s Group for binding resolution in accordance with the Colorado Uniform Arbitration Act. The Parties agree that in the event of arbitration each Party shall bear its own costs. 6. RECORDING. This Agreement may be recorded by any Party in the Office of the Eagle County Clerk and Recorder. 7. NO JOINT VENTURE OR PARTNERSHIP. No form of joint venture or partnership exists between TC- LLC and Town, and nothing contained in this Agreement shall be construed as making TC-LLC and the Town joint venturers or partners. 8. NO THIRD PARTY BENEFICIARIES. This Agreement does not, and shall not be construed to create any third party beneficiaries or confer any rights on any person or entity not named as a party hereto. ATTACHMENT A EXHIBIT A Restrictive Covenant on Lot 5, Filing 1, Village (at Avon) [FINAL May 8, 2014] Page 3 of 4 IN WITNESS WHEREOF, TC-LLC and the Town have executed this Agreement as of the Execution Date. TOWN: Town of Avon, a home rule municipal corporation of the State of Colorado By: ________________________________ Attest:_________________________________ Rich Carroll, Mayor Debbie Hoppe, Town Clerk Town of Avon Approved as to Form: _______________________________ Eric Heil, Esq., Town Attorney STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ______ day of _____________, 2014, personally by Rich Carroll, as Mayor, and Debbie Hoppe, as Acting Town Clerk, of the Town of Avon, a home rule municipal corporation of the State of Colorado. (SEAL) Notary Public Commission Expires: ATTACHMENT A EXHIBIT A Restrictive Covenant on Lot 5, Filing 1, Village (at Avon) [FINAL May 8, 2014] Page 4 of 4 TRAER CREEK: Traer Creek LLC, a Colorado limited liability company By: ________________________________ Marcus Lindholm, Manager STATE OF _____________________ ) ) ss. COUNTY OF ___________________ ) The foregoing instrument was acknowledged before me this ______ day of _____________, 2014, personally by Marcus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company. (SEAL) Notary Public Commission Expire: ATTACHMENT A EXHIBIT A ATTACHMENT B LARAMIE P ARTI CIP ATIONS INC. c/o MVI Support SA Z.I.Le Tr6si 6 1028 Pr6verenges, Switzerland March 25,2014 Traer Creek LLC P.O. Box 9429 Avon Colorado 81620 credit Facility (the "Traer Loan") evidenced by promissory Note dated as ofMay 1, 2009, as amended, from Traer creek LLC ("Traer creek") to Laramie P a rtici p ati on s I n c. (" Lardfit i€") Dear Mr. Lindholm: As you know, Laramie continues to be concerned about the cross-defaulted, cross-collateralized status of the Traer Creek credit facilities encumbering its various prop- erties. Development and sale of those properties is critically important to repayment of the Traer Loan. Laramie understands that a default under any of the Traer breekentity credit facilities will have a detrimental impact on the prospects of repayment ofthe Traer Loan. Consequently, Laramie is adamant that any interference with theability of Traer Creek to market and sell its properties in order to generate incomethat can be used to repay Traer Creek's debt obligations is not vieweld favorably. Through our recent discussions you made me aware that title to the real property conveyed in 2002 by Traer Creek to the Town of Avon ("Town") for the location andoperation of a Town public works facility ("Lot 5, Filinq 1"), can arguably be trans-ferred by the Town to other governmental and quasi-governmentalLntities for con-struction of public facilities that may not necessarily serve and support future devel-opment within The Village (at Avon). Not only is that possibility a concern to the fu-ture viability of Traer Creek land sales, but Laramie is also concerned that the Townmay sell or convey title to Lot 5, Filing 1 in competition with Traer Creek's own landsale efforts. Without making any final representations regarding the accuracy of Laramie's analy-sis of this issue, it appears that the November 2001 First Amendment to the Village(at Avon) Annexation and Development Agreement may have changed the terms-ofthe ATTACHMENT B Traer Creek LLC March 25,2014 Page2 October 1998 Annexation and Development Agreement with respect to restrictions placed upon the Town's ownership and use of the Lot 5, Filing 1 property. At thisjuncture, it is important to Laramie's collateral position and its continuing cooperation with Traer Creek's efforts to resolve litigation with the Town and others, that the 1gg8 Annexation and Development Agreement's restrictions on the Town's ownership and use of the Lot 5, Filing 1 property be prompfly reinstated. Please advise me when this matter has been satisfactorily resolved. Yours faithfully, LARAMIE PARTICI PATIONS INC., . Sten Odman ATTACHMENT B Recap of Colorado Creative Industries Summit – Jennie Fancher The Colorado Creative Industries Summit, held May 1st and 2nd in Salida was extremely informative and interesting. There were a variety of sessions dealing with the creation and formation of Creative Districts and Danita, Susan and I attended different sessions in order to capitalize on the amount of information we could gather. The question I had before attending the summit was “why should the Town of Avon form a Creative District?” What I walked away from the summit with, for starters, is that the designation of being a Creative District would open doors to a slew of resources that would enable the town to make the right choices for success. In addition there would be access to a variety of funding mechanisms that could help pay for future growth. Towns that have designated Creative Districts have been successful with revitalizing their economies, demonstrating a direct correlation between creativity and vitality. Another fact to point out is that forming a Creative District would make Avon unique. An artistic or creative element in a community can be a draw to both businesses and people looking to relocate. Parker was a great example for a Creative District, demonstrating the process and the results. In Parker committees were created around the District’s five goals: 1) The development and promotion of artists; 2) Enhanced design and streetscape; 3) Promotion and marketing, a communications committee; 4) Business expansion, development and re-development; 5) Heritage and preservation. Parker is a far bigger town/city than we are and their District includes a large performing arts center and plans for a new library. The town is growing exponentially and thriving at the same time. It is extremely important to have collaboration in the process of becoming a Creative District. Having the library, business community and community at-large on board is essential to success. If our application is accepted we will become an emerging Creative District, which we will be for two years. After the two years, if we meet the criteria, we will become a certified Creative District. We will still have to meet the criteria to maintain this status over time. One obstacle I see in becoming a Creative District is space. Space in our town is expensive. Is there a landlord that would donate space to a non-profit artist/creative group? The word at the summit was that there is space available in every community. My question is, is this true? Another thought that kept popping up is related to our area’s history. It was pointed out numerous times that moving forward involves embracing the past. Can we showcase Avon’s history? One item I would like Council to consider is restoring the barn currently used by ERWSD, the one they mentioned tearing down. There are few buildings that cannot be restored and there are grant opportunities available for this type of project. This is one of the only buildings left that I can think of that represents Avon’s past. Current Creative Districts in the state include the Santa Fe District in Denver, Parker, Ridgeway, Durango and Salida. I think it would be worth visiting any of these areas should you happen to be nearby and have the time. Buzz words from the summit included: creativity, collaboration, entrepreneurship, and vitality. In addition there appeared to be a motto of “strong art equals strong community.” A quote from one of the leaders of the summit was “culture is not a frill, culture is a fuel.”