TC Council Packet 08-12-2014 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 12, 2014
REGULAR MEETING – RETREAT BEGINS AT 4:00 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 6:30 PM
REGULAR MEETING RECONVENES AT 6:40 PM
AVON TOWN HALL, ONE LAKE STREET
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PRESIDING OFFICIALS
MAYOR RICH CARROLL MAYOR PRO TEM JENNIE FANCHER
COUNCILORS DAVE DANTAS, CHRIS EVANS, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF, MATT GENNETT
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA C. EGGER TOWN CLERK: DEBBIE HOPPE
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.
______________________________________________________________________________________________________________
REGULAR MEETING – COUNCIL RETREAT BEGINS AT 4:00 PM
RETREAT WILL BE HELD AT THE REGIONAL TRANSIT OPERATIONS FACILITY – CONFERENCE ROOM
1. CALL TO ORDER & ROLL CALL
2. Work Session
2.1. COUNCIL PRIORITIES FOR WORK TO BE COMPLETED PRIOR TO NOVEMBER 26, 2014
2.2. DRAFT 2015-16 STRATEGIC PLAN
2.3. COMMUNICATION PROTOCOLS
3. ADJOURN TO AVON TOWN HALL COUNCIL CHAMBERS AT 6:15 PM
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 6:30 PM (SEE SEPARATE AGENDA PAGE 3)
REGULAR MEETING BEGINS AT 6:40 PM
4. CALL TO ORDER & ROLL CALL
5. APPROVAL OF AGENDA
6. PUBLIC COMMENT
7. WORK SESSION
7.1. FUNDING PLAN AND BALLOT ISSUE FOR RECREATION CENTER/IMPROVEMENTS AT NOTTINGHAM PARK
(PARKS AND RECREATION DIRECTOR JOHN CURUTCHET & DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER)
8. ACTION ITEMS
8.1. PUBLIC HEARING ON RESOLUTION 14-13, SERIES OF 2014, A RESOLUTION DENYING THE MINOR PUD
AMENDMENT TO PERMIT SHORT TERM RENTALS DURING THE 2015 AWSC IN THE WILDRIDGE SUBDIVISION
(PLANNING MANAGER MATT PIELSTICKER)
8.2. PUBLIC HEARING SECOND READING OF ORDINANCE 14-13 APPROVING THE GRANT OF A REVOCABLE
ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED
RIGHT-OF-WAY AND PROPERTY AT CHRISTY SPORTS FOR DEVELOPMENT OF ADDITIONAL PUBLIC PARKING
(TOWN MANAGER VIRGINIA EGGER)
8.3.PUBLIC HEARING SECOND READING OF ORDINANCE NO. 14-09, SERIES OF 2014, AN ORDINANCE AMENDING
AVON MUNICIPAL CODE SECTION 7.16.080 (D) & 7.16.090(D), PUBLIC HEARINGS FOR DESIGN AND
DEVELOPMENT REVIEW APPLICATIONS (PLANNER BRIAN GARNER)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 12, 2014
REGULAR MEETING – RETREAT BEGINS AT 4:00 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 6:30 PM
REGULAR MEETING RECONVENES AT 6:40 PM
AVON TOWN HALL, ONE LAKE STREET
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8.4. DIRECTION REGARDING A REQUEST FOR A REVOCABLE ENCROACHMENT LICENSE AGREEMENT WITH HOFFMANN
COMMERCIAL PROPERTIES FOR THE CONSTRUCTION AND ON-GOING MAINTENANCE OF A PEDESTAL AND BRONZE
SCULPTURE IN HURD LANE RIGHT-OF-WAY (PLANNING MANAGER MATT PIELSTICKER)
8.5.ACTION ON A MEMORANDUM OF UNDERSTANDING WITH CDOT FOR MAINTENANCE OF CDOT SIDEWALK
IMPROVEMENTS ASSOCIATED WITH BIKE LANE ADDITIONS ON US6 (TOWN ENGINEER JUSTIN HILDRETH)
8.6. ACTION OF INTERGOVERNMENTAL AGREEMENT FOR THE EAGLE-VAIL RECREATIONAL TRAIL PROJECT
(TOWN ENGINEER JUSTIN HILDRETH)
8.7. PUBLIC HEARING ON SECOND READING OF ORDINANCE NO. 14-11, SERIES OF 2014, AN ORDINANCE APPROVING
THE DEED OF EASEMENT FOR A PARCEL OF LAND, PE-1 AND PE-2, LOCATED AT LOT 1, RIVERSIDE, TOWN OF AVON,
COLORADO FOR CONSTRUCTION OF THE EAGLE VALLEY TRAIL (TOWN ENGINEER JUSTIN HILDRETH)
8.8. PUBLIC HEARING ON SECOND READING OF ORDINANCE NO. 14-12, SERIES OF 2014, AN ORDINANCE APPROVING
THE DEED OF EASEMENT FOR A PARCEL OF LAND, LOCATED AT LOT 2, RIVERSIDE AND LOT 1, EAGLE RIVER AT AVON,
TOWN OF AVON FOR THE PURPOSE OF CONSTRUCTING THE EAGLE VALLEY TRAIL
(TOWN ENGINEER JUSTIN HILDRETH)
8.9. PUBLIC HEARING RESOLUTION NO. 14-16 APPROVING THE THIRD AMENDMENT TO WATER SERVICE AGREEMENT
(TOWN ENGINEER JUSTIN HILDRETH)
8.10. PUBLIC HEARING RESOLUTION NO. 2014-17 AMENDING THE GENERAL FUND BUDGET
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
8.11. ACTION TO APPROPRIATE $37,125 FOR CONSTRUCTION OF THE 2.15 MILE WILD WEST TRAIL FROM THE
UNENCUMBERED FUND BALANCE OF THE CAPITAL IMPROVEMENT FUND (TOWN MANAGER VIRGINIA EGGER)
8.12. ACTION ITEMS ASSOCIATED WITH CERTIFICATES OF PARTICIPATION FOR NOTTINGHAM PARK PAVILION
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
8.12.1. APPROVAL OF ENGAGEMENT LETTER WITH BUTLER SNOW LLP AS BOND COUNSEL
8.12.2. APPROVAL OF PRIVATE PLACEMENT ENGAGEMENT LETTER WITH PIPER JAFFREY
8.12.3. RESOLUTION 14-18 REIMBURSING THE CAPITAL IMPROVEMENT FUND FROM CERTIFICATES OF
PARTICIPATION PROCEEDS FOR THE NOTTINGHAM PARK PAVILION
8.13. ACTION ON IGA WITH EAGLE COUNTY CONCERNING ADMINISTRATION AND CONDUCT OF NOVEMBER 4, 2014
GENERAL MAIL BALLOT ELECTION ( TOWN CLERK DEBBIE HOPPE)
8.14. MINUTES FROM JULY 22, 2014 MEETING (TOWN CLERK DEBBIE HOPPE)
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
10. COUNCIL COMMENTS
11. MAYOR REPORT AND FUTURE AGENDA ITEMS
12. EXECUTIVE SESSION
12.1. DISCUSSION TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS,
DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E)
RELATED TO THE UPPER EAGLE REGIONAL WATER AUTHORITY MASTER AGREEMENT
13. ADJOURNMENT
FUTURE AGENDA ITEMS: August 26th: Strategic Plan Adoption, PZC APPEAL OF HOFFMANN SHUTTERS
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Date: August 4, 2014
Agenda Topic: 2ND Quarter Strategic Plan Update and 2014 Project Work
Please find included with this cover memo the 2nd Quarter Report for the 2013-14 Strategic Plan, which
includes annotated comments for the current status of the 2014 Work Plan.
For the ease of Retreat discussion, the summary below presents a listing of important work elements to be
completed by the end of the year, both work included in the Strategic Plan and work/projects, which have
been requested of staff during the year. I believe Council is familiar with the listings, but should you need
additional information prior to the Retreat, please let me know. I look forward to Tuesday’s review.
CAPITAL PROJECTS
- Beaver Creek Boulevard - Bicycle street markings
- Pool Refurbishment with new theme
- Rec Center Showers Upgrade
- Avon Road – RB #3, RB#4 and VMS Board;
Crosswalks; LED Street Lights
- Pedestrian Mall Construction
- Post Boulevard Landscape Improvements
- Nottingham Park Pavilion (Stage)
- Eagle River Trail & Bridges – Phases 1 & 2
- West Avon Preserve Trails & Signage
- Avon Road paving and striping [completed]
- TENTATIVE: Bus Shelters: Walmart, City Market,
Christy Sports
CAPITAL PROJECTS - PLANNING
- Recreation Center Expansion Ballot Issue
- Destination Jump, Splash, Learn RFP & Retention of
Design Team
- Town Hall – Refurbish, Replace Decision
- West Avon Preserve Trails – Grant Request For Wild
West and Trails Planning, including sustainable trail
improvements for existing trails
- Grant request to ECO Trails for Phase 4 Eagle Valley
Regional Trail
WILDLAND FIRE PROTECTION PROGRAM
- Monitor Summer Wildland Firefighter Prevention
Outreach
- Evaluate Program
- Meet with all stakeholder’s with Eagle County
Commissioners in a Wildland Fire Study Session
VILLAGE AT AVON
- Document organization & tickler file
- Process applications for development
- Renew discussion with principals regarding
development opportunities
PUBLIC SAFETY
- US 6 & Post Blvd. RB #6 Safety Improvements
- Metcalf Delivery Truck Program
WATER AUTHORITY ISSUES
- Master Water Agreement Consolidation
- Unallocated Water Policy Development
- Mountain Star Tank and System Improvements
- [Town of Avon Records Retention]
ECONOMIC DEVELOPMENT
- 2015 Après Avon – Production Management
- 2015 Après Avon – Sponsorship Solicitation
- Flavor of Colorado Production Management
- Man of the Cliff Production Management
- Solicit and Recommend Funding for Community
Grants with Ad Hoc Committee
- Mikaela Shiffrin Sponsorship Fulfillment
Management
- Complete Rec Center Business Plan
- Develop Signature Events Calendar for the Stage
& Issue RFQ for open Dates
- Prepare Stage Use Policy – evaluate whether to
retain a concessionaire or manage in-house for
small event rental such as weddings; prepare
marketing plan
- Full implementation of MuniRev Statistics for
Special Events
- Update Affordable Housing Policy
PREPARATION OF 2015-16 BUDGETS
- Utilize PowerPlan Budget Software for first time
OUTSIDE AGENCY PROJECTS
- COMCAST Franchise Renewal
- Pursue Funding of Skier Bus with County
LASERFICHE – 30,000 folder review/sort/destroy/retain
- Document retention system
- Public portal on website
SOFTWARE IMPLEMENTATION & TRAINING
- MuniRevs
- Timekeeping Software
- Tickler System
NEW INITIATIVES
- Form Trails Advisory Group
- Update Procurement Policy
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2013-14 STRATEGIC PLAN
2014 WORK PLAN
2nd QUARTER STATUS REPORT
Adopted by the Avon Town Council
Resolution 13-27, Series of 2013
September 24, 2013
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Overview
The Town of Avon, surrounded by natural beauty, is today a strong community that will build on its strengths
to become a nationally and internationally recognized year-round mountain resort community. Committed
to providing a high level of municipal services for our citizens and visitors, and the stewardship of our natural
resources, Avon will expand its cultural, recreational and educational offerings in partnership with our
broader community and regional public and private sector agencies, thereby ensuring sustained economic
vitality and a vibrant community experience.
Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted
at its founding and in its early years. It is this superior level of quality development that Avon believes will be
its comparative advantage in the future, and, therefore, will work to attract and promote these types of
developments by ensuring Town plans and incentives are constructed in a manner which provides the
development community clear and timely information; and by steadfastly maintaining a professional and
solution-oriented municipal business.
The Town will continue to value and support our full-time and part-time resident population by providing an
exceptional level of municipal services and by working to retain existing businesses as the Town seeks to
expand its retail and commercial base, while fostering our sense of community through both our spirit and
the built environment. The importance of vibrancy and activity within the Town will be supported by
attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the
values of our community and serve to nurture a cohesive sense of place and public.
It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and
efficiency in providing government services and a practiced belief in open and transparent governance that
will lead the successful implementation of this vision for the growth and development of Avon.
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Strategic Plan Fiscal Years 2013 - 2014
Tier 1 Priority: Fiscal Year 2013-2014
1) Develop Business-like Practices and Culture of Town Hall – Ensure that Town government is operated as
a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the
highest standards of fiduciary responsibility, implementing best practices, and using Town resources
effectively and efficiently in every department.
Tier 2 Priorities: Fiscal Year 2013-2014
2) Economic Development – Ensure that the Town of Avon is prepared for new development and re-
development. Evaluate Urban Renewal Authority expansion and other incentives to promote quality
development of a high standard; update the Avon Comprehensive Plan as needed and work closely with
the Planning and Zoning Commission to understand respective roles so that developers have a good
sense of what can and what cannot be negotiated.
3) Village at Avon Partnership – Meet with representatives of the Village at Avon and the Traer Creek
Metropolitan District to develop understandings and trust necessary for the future development of the
Village. This outreach and communication is the responsibility of all elected and appointed officials and
the employees of the Town of Avon.
Tier 2 Priorities: Fiscal Years 2013-2014
4) Special Events – Identify near term opportunities for special events and develop a longer term special
events strategy. In March, hold a work session to establish the duties and membership of a Cultural Arts
and Special Events Commission to lead this effort for the Town. Be spontaneous, when appropriate.
5) 2015 World Alpine Championships – Planning for all three phases of this internationally renowned event
must be initiated: 1) Pre-event promotion and marketing; 2) Stellar events and promotion of Avon as a
place to return to need to be produced during the event; and 3) Post-event requires a follow-up
promotional plan to encourage and/or book guest return visits.
Tier 3 Priorities: Fiscal Years 2013- 2014
6) Water Issues – Identify water issues and develop a timetable and approach for resolution over the next
year or two; manage what can be done against higher priorities.
7) Transit Consolidation – Avon should be a leader in working to provide a consolidated transit operation in
the valley. With negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus
planning for the 2015 World Cup, begin to build on these opportunities for a longer term cooperative
partnership.
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2014 Work Plan
Develop Business-like Practices and
Culture of Town Hall
Tier 1 Priority: Fiscal Years 2013 & 2014
Leader: Mayor Rich Carroll
Staff: Town Manager Virginia Egger
Ensure that Town government is managed and operated as a “competitive” business and in a manner which
is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility,
implementing best practices, and using Town resources effectively and efficiently in every department.
1st Quarter January – March 2014
1.1 COMPLETED
Revise performance evaluations to reflect cultural goals and attributes of high performing employees.
1.2 COMPLETED MUNIREV; PAYROLL SYSTEM SELECTED & PLANNED FOR IMPLEMENTATION BY
NOVEMBER 1ST
Implement 2014 budgeted IT improvements; including MuniRev and electronic employee payroll system
to improve efficiencies
1.3 COMPLETED
Finalize work plans for all departments for seasonal and 2014 budget operations
1.4 COMPLETED
Hold a Council Retreat to review leadership, collaboration and communication.
Review and provide amendments to the Municipal Code in regards to residency and for Council
qualifications such as marital status
1.5 PLAN & IGA COMPLETED; IN IMPLEMENTATION PHASE
Prioritize a Wildridge seasonal wild land fire program, including summer “hot shot” staffing, land use
regulations for new development to protect homes from wild land fire and community outreach for
current home to amend residential landscaping.
1.6 EXTERNAL SURVEY DELAYED TO ALLOW CAPITAL PROJECTS TO BE CONSTRUCTED; INTERNAL SURVEY
TO BE DISTRIBUTED IN AUGUST
Draft and finalize internal Town Hall and external community performance surveys to measure Town
services and community desires (include questions in regards to Comprehensive Plan update)
In June, distribute internal and external community surveys
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2nd Quarter April – June 2014
2.1 ON-GOING EFFORT AND FORMALLY IN PROCESS AS PART OF 2015-16 BUDGETS. “FLATTENING” OF
MANAGEMENT/SUPERVISOR POSITIONS CONTINUING
Continue to review all Town departments to assess the necessity of tasks and functions, effectiveness
and efficiency in meeting department responsibilities, staffing levels, and future needs; evaluate
effectiveness of organizational changes implemented in 2013
2.2 COUNCIL TO ADOPT 2015-16 STRATEGIC PLAN BY AUGUST 26TH
Develop the 2014-15 Strategic Plan, and two year budget to implement the Plan
2.3 HAS NOT OCCURRED AS ANTICIPATED. TWO SHOULD BE ACCOMPLISHED BY DECEMBER 31ST
Schedule no less than four (4) staff training sessions on “competitive” business practices and fiduciary
responsibility
2.4 SEE 1.6 ABOVE
By early June, collect and analyze internal and external community surveys
3rd Quarter – July – September 2014
3.1 SCHEDULED FOR AUGUST 12TH - SURVEY WAS DELAYED
Hold a Council Retreat to review survey results, Council leadership, collaboration and communication;
update Strategic Plan
3.2 SCHEDULED FOR AUGUST 12TH MEETING
Mid-year 2014 budget review and amendment, if needed
4th Quarter October – December 2014
4.1 Review and update Strategic Plan
4.2 Budget preparation, hearings and adoption
4.3 Prepare 2015 Work Plans
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2014 Work Plan
Economic Development
Tier 2 Priority: Fiscal Year 2013 & 2014
Leaders: Economic Development Subcommittee Councilor Chris Evans
Staff: Town Manager Virginia Egger, Community Development and Finance Department Staff
Ensure that the Town of Avon is prepared for new development and re-development. Evaluate the retail sale of
marijuana and make a final determination on whether sales should be allowed. Evaluate URA expansion and other
incentives to promote quality development of a high standard; update the Comprehensive Plan as needed and work
closely with the Planning and Zoning Commission to understand respective roles so that developers have a good
sense of public benefit expectations, incentives and minimum development requirements for critical project
elements, such as parking.
1st Quarter January – March 2014
1.1 COMPLETED
Director of Economic Initiative joins Town staff.
1.2 ECONOMIC DEVELOPMENT ADVISORY GROUP HAS COMPLETED BRAND WORK. NEXT SESSIONS TO BE BASED
UPON 2015-16 STRATEGIC PLAN
Establish a Town of Avon Economic Development Council for the purposes of supporting existing businesses in
Avon and attracting new businesses and to support business vitality; develop an action plan.
1.3 NOT COMMENCED; NO LONGER PLANNED IN 2014
Outreach to all Avon businesses to thank each for their commitment to Avon and to ask for their ideas on
business support by the Town
1.4 EFFORT STARTED IN 2013; NEED TO FULLY DEVELOP WITH VVP DURING FISCAL YEAR
Through the year, update website data base and revenue software/spreadsheet system to assist with statistical
analysis of key metrics identification in collaboration with Avon businesses and regional economic development
committees; understand the demographic characteristics of visitors to the region.
1.5 COUNCIL ACTION ON MAY 27, 2014 – NO RECREATIONAL MARIJUANA APPROVED IN AVON
Determine whether the Town of Avon should approve the retail sale of marijuana:
1.5.1 Collect information from the scientific community on the health benefits and risks of marijuana
consumption.
1.5.2 Identify possible appropriate locations for retail stores and zoning regulations
1.5.3 Analyze the financial tax estimates from retail sales
1.5.4 Define an education program for youth and adults in regards to legalized marijuana sales
1.6 SEEN AS 2015 ACTION ITEM
1.7 Review and update the Town’s Private-Public Partnership Policy and investment Policy, as needed.
1.8 IN PROCESS – ON-GOING
Implement the Town “brand”.
1.9 EXPECTED TO BE LONG TERM PROJECT: COMMENCING IN 3RD QUARTER – HIGH PRIORITY FOR 2015
With Beaver Creek and other stakeholders, finalize a town-wide Parking and Transportation Plan, including
bicycle, pedestrianization, vehicle and alternate transit modes. The Plan should be developed in concert with the
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Planning and Zoning Commission (PZC) and reviewed by the public prior to Council’s adoption action. This Plan
may extend into 2015.
1.10 PRIORITY ONCE FULL CONCEPT PLAN PROVIDED BY HOFFMANN PROPERTIES; DISTRICT PLAN AMENDMENTS
AND CODE CHANGES ANTICIPATED
Review East Avon Town Center Plan with PZC and owner of properties in the Plan to identify pro/con of the plan
and to establish the priorities of both developer and Town in East Avon redevelopment. Begin Plan amendment,
if needed.
1.11 DEVELOP EXTERNAL SURVEY IN EARLY 2015; UPDATE AS 10-YEAR UPDATE (2016)
Develop the scope, public process, schedule for commencement and completion of the Comprehensive Plan
Update, including development of questions for the Community Survey, (June/August 2014)
1.12 4TH QUARTER
Process Annexation and Zoning applications, including surveying and public notification requirements, for the
85.99 acre “Village Parcel” deeded to Town trough the Eagle Valley Land Exchange of 2013.
1.13 3RD & 4TH QUARTERS – WORK SESSION & ORDINANCE READING
Negotiate and finalize multi-year Comcast Franchise Agreement
1.14 NEW COUNCIL DIRECTION GIVEN AT JULY 22ND MEETING FOR COLOR TABLE TO BE DEVELOPED
Review with the Planning and Zoning Commission the Development Standards for building colors as stated in the
Avon Municipal Code, Section 7.28.090(c), Generally Applicable Design Standards, specifically related to Building
Materials and Colors (v) and the standard set at a sixty or less Light Reflective Value” “LRV”.
2nd Quarter April – June 2014
2.1 NOT COMMENCED DUE TO HIGHER PRIORITIES.
Compile “Avon Business Summary Report”, which provides information about the characteristics of Avon’s
various business sectors, including inventory of retail and commercial spaces occupancy and vacancy data, and
leasing rates, to use as basis for partnering with the business community in attracting and expanding business in
Avon.
2.2 NOT COMMENCED DUE TO HIGHER PRIORITIES
Create marketing package for new business development.
2.3 FILED APPLICATIONS; EXPECTED TO CONTINUE AS A PRIORITY PROJECT IN 2015-16
Research and evaluate opportunities and structure for creating an Avon Creative Arts District.
2.4 NOT REQUESTED
If requested by the Town Council, evaluate expansion of URA into other qualified areas of Avon; if URA expansion
is desirable, solicit RFQ and identify budgetary needs
2.5 ANNUAL CLEAN-UP PLANNED FOR 4TH QUARTER
Identify with the Planning and Zoning Commission 2014 Code amendments, including “clean-up” of definitions,
charts, etc. identified through use of the Code over the past year and sections which should be updated, and
sections which should be updated, such as the sign code. Evaluate whether Wildridge should be “zoned” rather
than continuing to have a PUD Zone for the development.
3rd Quarter & 4th Quarter – July – December 2014
3.1 Comprehensive Plan Update; East Avon Plan Update – continuing public meetings and recommended changes.
3.2 Complete Code Clean-up
3.3 Evaluate opportunity for a “sister city/ international city” partnership
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2014 Work Plan
Village at Avon Partnership
Tier 2 Priority - 2014
Leaders: Traer Creek Liaison Appointees Dave Dantas and Jennie Fancher
Staff: Town Manager Virginia Egger, Public Works, Parks,
Community Development and Engineering Staff
Meet with representatives of the Village at Avon and the Traer Creek Metropolitan District to develop
understandings and the trust necessary for the future development of the Village. This outreach and
communication is the responsibility of all elected and appointed officials and the employees of the Town of
Avon.
SESSIONS PLANNED IN AUGUST, OCTOBER AND DECEMBER
Throughout the year, Liaison Appointees and Town Manager will meet with Traer Creek principals to
discuss current issues and opportunities.
TO BE DONE BY DECEMBER 31, 2014 WITH SETTLEMENT COMPLETED
Town staff will finalize in the 1st Quarter the collection, consolidation and organization of all Village at
Avon documents, agreements and assignments within Town Hall. This project is considered 90%
complete.
HIGH PRIORITY WITH SETTLEMENT FINALIZATION
The Community Development Department will be the primary contact and responsible party for
understanding and managing the Village at Avon settlement agreements, including “user”
summaries of all definite dates and responsibilities of the Town of Avon.
Implement the determined actions by the Avon Town Council in the 4th Quarter of 2013.
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2014 Work Plan
Special Events
Tier 2 Priority – Fiscal Years 2013-2014
Leaders: Councilors Jake Wolf and Buz Reynolds
Staff: Town Manager Virginia Egger and Parks and Recreation Staff
Identify near term opportunities for special events and develop a longer term special events strategy. In
March, hold a work session to establish the duties and membership of a Cultural Arts and Special Events
Commission to lead this effort for the Town. Be spontaneous, when appropriate.
Beaver Creek Resort, with its recreational and cultural activities, is an important economic driver of the Avon
economy, offering a vast array of amenities which add to the richness of the day-to-day life of Avon
residents, the community and tourists. Avon will work closely to further build the relationship with Beaver
Creek Resort Company and Vail Resorts that supports business brands, the tourist economy and community
offerings, including but not limited meeting the transportation, security and amenity needs of a mature
resort and community.
1st Quarter January – March 2014
1.1 TO BE FORMED AS AD HOC COMMITTEE IN AUGUST FOR 2014 COMMUNITY GRANT REQUESTS WITH
FURTHER RESPONSIBITIES AS EXPANDED COMMISSION FOR CREATIVE ARTS DISTRICT
Establish a Cultural, Arts and Special Events Commission to promote and assist with the production of
recreational, cultural, educational and social events; refine and develop a Special Events Strategic Plan
with the participation of the business community
1.2 ROI/ROO PRESENTED AT TIME OF 2015 WWG FESTIVAL SUPPORT REQUEST – JULY 15TH AGENDA
Support the WinterWonderGrass Festival under the terms of the approved agreement; analyze ROI &
ROO (return on objectives) within 60 days of the event
1.3 COMPLETED
Finalize design and construction bid documents for the Pedestrian Mall improvements
2nd Quarter April – June 2014
2.1 IN PROCESS
Implement actions for Summer 2014 Special Events
2.2 NOW PLANNED FOR 2015 BUDGET REQUESTS
For all events; analyze ROI/ROO within 60 days of the event
2.3 COUNCIL ACTION JULY 15TH
Commence construction of Pedestrian Mall; expected completion date is November, 2014
3rd Quarter – July – September 2014
3.1 Implement actions for Fall 2014 new Special Events, analyze ROI within 60 days of the event
3.2 Solicit funding requests for 2015 Special Events: Cultural, Arts and Special Events Commission will
recommend funding levels to Town Council
4th Quarter October – December 2014
4.1 Implement actions for Winter 2015 Special Events, analyze ROI/ROO within 60 days of the event
4.2 Budget for 2015 Special Events
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2014 Work Plan
2015 World Alpine Championships – February 3 – 15, 2015
Tier 2 Priority: Fiscal Years 2014-2014
Leader: Mayor Pro Tem Jennie Fancher and Councilor Buz Reynolds
Staff: Town Manager Virginia Egger, Transportation,
Police and Parks and Recreation Staff
Planning for all three phases of this internationally renowned event must be initiated: 1) Pre-event
promotion and marketing; 2) Production of stellar events and promotion of Avon as a place to return to
need to be produced during the event; and 3) Post-event requires a follow-up promotional plan to
encourage and/or book guest return visits.
1st Quarter January – March 2014
1.1 COMPLETED
Identify Town staff participation to date and current participation activities
1.2 ON-GOING; NOW WORKING WITH DESIGNATED VVF STAFF
Advance Après Avon program with Vail Valley Foundation Ceil Folz
1.3 ON-GOING
Commence design and bids for 2015 capital projects: Avon Road paving and divider improvements; Rec
Center improvements and monument sign
1.4 LIMITED TO DATE; ONCE PRODUCER AND DRAFT DETAILED PROGRAM COMPLETED HOLD MEETING
Meet with representatives of Avon lodging community to discuss opportunities for 2015
1.5 COMPLETED WITH ON-GOING CUSTOMIZATION AND REFINEMENT BASED UPON EVENT
Finalize comprehensive action plan for special events, marketing, logistics, security, sponsorship,
partnerships
2nd Quarter & 3rd Quarter – April – September 2014
2.1 IN-PROCESS
Commence implementation; including final funding and logistics
2.2 HIGH PRIORITY 4TH QUARTER
Evaluate value of promotional video and social media in marketing Avon
4th Quarter October – December 2014
4.1 Continue implementation of plan
2013-2014 STRATEGIC PLAN & 2014 WORK PLAN
September 24, 2014
Pa
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2014 Work Plan
Water Issues
Tier 3 Priority: Fiscal Years 2014-2014
Leaders: Mayor Rich Carroll and Councilor Buz Reynolds
Staff: Town Manager Virginia Egger,
Engineering Staff and Special Water Counsel
Identify and water issues and develop a timetable and approach for resolution over the next two years; manage what
can be done against higher priorities.
1st Quarter January – March 2014
1.1 ON-GOING
Review and update the Upper Eagle River Water Authority and Town of Avon 2013 Work Program. Seek to resolve
all issues by November 1, 2014.
1.2 IN PROCESS – EXPECTED DECEMBER 31ST
Organize water and wastewater documents and files at Town Hall; institutionalize knowledge. This project is 95%
complete.
1.3 ON-GOING
Continue with the Water Authority, Avon representatives and Mountain Star residents to reach resolution of the
Mountain Star water tank, fire flow, irrigation and system delivery issues.
1.4 EXPECTED ACTION IN MID-AUGUST OR EARLY SEPTEMBER
Schedule with Council and Water Authority representatives a program to develop and adopt solutions for needed
amendments to the Master Water Agreement; plan to adopt changes no later than November 2014. These changes
include the use of unallocated water held by the Authority and water conservation planning. With the Water
Authority, develop an understanding of how water rights and water use are accounted for and develop a process
for future transactions.
1.5 HAVE NOT INITIATED
Resolve Avon Drinking Water Facility fenced area for ownership and/or lease to the Water Authority. Evaluate and
remediate liability concerns, if any, for Avon Drinking Water Facility fenced area with the Water Authority. Deadline
for resolution: September, 2014.
2nd Quarter April – June 2014
2.1 EXECUTIVE COMMITTEE APPOINTMENT GRANTED; ON-GOING
Participate as a member of the Urban Run-off Group and request that Avon is granted an Executive Committee
appointment. Participate with the Group to understand activities and possible 2014 funding request for a Gore
Creek Water Quality Improvement Plan.
3rd Quarter – July – September 2014 HAVE NOT INITIATED
3.1 Draft and execute an agreement with the ERWSD for long term cost sharing and O&M responsibilities of the Heat
Recovery System.
3.2 Review the basis for the Avon’s water fees, which are assessed in addition to those tap fees and operational fees
assessed by the Water Authority.
4th Quarter October – December 2014
4.1 Schedule 1) ERWSD presentation of its 20-year wastewater infrastructure master plan, including possible rate
increase needs and Town’s 1041 requirements; and 2) Water Authority and ERWSD presentation on Eagle Mine’s
metal loading issues on the Eagle River.
2013-2014 STRATEGIC PLAN & 2014 WORK PLAN
September 24, 2014
Pa
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2014 Work Plan
Transit Consolidation
Tier 3 Priority – Fiscal Years 2014-2014
Leaders: Councilors Buz Reynolds and Jake Wolf
Staff: Town Manager Virginia Egger,
Public Works Director and Transit Division Staff
Avon should be a leader in working to provide a consolidated transit operation in the valley. With
negotiations for 3rd parties in the new I-70 RTF needed, service availability in Fleet, plus planning for the 2015
World Cup, begin to build on these opportunities for a longer term cooperative partnership.
1st Quarter January – March 2014
1.1 ON-GOING ANDMONITORED THROUGH I-70 COALITION PARTICIPATION
Continue to advocate for an AGS station in Avon
1.2 ON-GOING – ATTENDED APRIL 23RD ECO RETREAT; FOLLOW-UP WITH SKIER BUS FUNDING REQUEST
Throughout the year, fully participate in regional transportation and parking forums and in CDOT I-70
corridor planning
2nd Quarter April – June 2014
2.1 ACTIVELY PURSUING BUS OFFICE LESSEE’S
Market to other potential clients for bus/vehicle storage and Fleet Services
2.2 IN PROCESS – SKIER BUS FUNDING REQUEST; WALMART BUS SHELTER; UNIFORM SIGNAGE
Evaluate transit services for FY 2015 and opportunities for regional efficiencies
2.3 As appropriate, participate in Regional Collaboration efforts on transit
3rd Quarter – July – September 2014
3.1 Finalize I-70 RTF lease agreements for 100% year-round occupancy
3.2 Assess demographic characteristics of bus riders and how best to disseminate information about transit
service and about the Town
3.3 Develop consolidation plan as deemed feasible with ECO
4th Quarter October – December 2014
TBD
TOWN COUNCIL REPORT
To: Honorable Mayor and Avon Town Council
From: Virginia Egger, Town Manager
Date: August 4, 2014
Agenda Topic: 2015-16 Strategic Plans
Development of the Town of Avon 2015-16 Strategic Plan is planned for discussion at the August 12th
Council Retreat. This document will provide the most important direction for work activities of the
town staff and Council and, thereby, provides important guidance in preparing the 2015-16 budgets.
Department heads and their invited employees met in early June to discuss the next two years of work
in preparation for the Retreat session. For consideration at the Retreat, staff and management offers
the following input to the Strategic Plan.
Results: In two years, the Town of Avon will have become a model local government in terms of
fiduciary responsibility, communication with citizens and stakeholders and improved its support of
businesses with improved infrastructure and an array of special cultural and recreational events which
attract both local residents and visitors.
Business Like-Practices – Service and Culture
An external Community Survey should be conducted in early 2015 to assess satisfaction with Town
services and to gather public input about improvement priorities and future development.
A review of how municipalities are meeting the communication needs of constituents should be
researched. This includes the use of social media (pro/con), website and print (newspaper). All
segments of the population should be included: younger generation and Hispanic population.
The internal survey should be helpful to each department and the Town staff together to ensure
we are meeting high expectations, are efficient in our work, and meeting our cultural goals
Additional training is needed for supervisors; “guest” service training is needed for all employees
Policies regarding bidding and pricing should be updated to ensure we are getting competitive
prices
Employ Actively Green elements into Town resource use
Infrastructure Maintenance & Service
Maintenance of the Town infrastructure needs to be focused on to bring up to a resort-community
standard, this includes landscaping, buildings, streets, lighting, signage, etc. – this is a high priority.
The consolidation and expansion of transit services in Town and in the region should be
continually worked towards, including expanding services to Edwards and applying for operational
grants.
Land Use
The development of a multi-modal transportation and parking plan, in collaboration with
stakeholders, is a high priority and should result in a program for supporting Avon as a pedestrian
and bicycle friendly community, with seamless public transit and adequate parking.
Work with the East Avon owner HCRE on master development plan, district amendment and code
revisions to facilitate a streamlined process for development approvals
Commence 10 year Comprehensive Plan update with including questions in the external survey
Capital Projects
Expansion of the Recreation Center and investments in Town Park will build Avon as an important
Recreation and Cultural Center with the Pedestrian Mall.
Continue to prepare a five year capital plan consider adding:
The current Town Hall is dysfunctional, energy inefficient and in need of major structural
repair. A renovated or new Town Hall should be considered a high priority.
Bike climbing lane as part of Metcalf Road improvement
Economic Development
Summer revenue, when measured by sales tax, lags winter receipts. The investment in special
events is needed to support restaurants and lodges – and an important role for the Town. This is
implicit with the construction of the new Pavilion. Events must be evaluated for success within
three years.
Continue to solicit and fund signature events at the Nottingham Pavilion (Stage)
Outreach to Beaver Creek and VVF should be pursued to maximize regional event
partnerships.
Develop a marketing and management plan for the Pavilion for private requests
With the completion of the Pedestrian Mall:
Funding and success of Après Avon is a high priority. Taking this success to Birds of Prey or
other important weekend should be planned.
The Creative District should be pursued; including formation of a Creative Arts Committee,
Creative Arts District Strategic Plan, legislation to allow vendors on the Pedestrian Mall;
and, marketing of the area.
Summer farmer’s and/or arts’ market(s) should be implemented
With the investments in East Avon, attention should be given to lodging development in West
Avon, District standards updated and potential district formation for façade upgrades.
A strong and collaborative relationship should be nurtured and maintained with East Avon and
Village (at Avon) developers, and our business community.
Formalize organization of the Economic Development Group to actively engage businesses with
Town government and to advise on special projects, such as branding was done in 2014
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
HEIL LAW
TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: RETREAT: Communication Protocols DATE: February 6, 2014
Summary: This memorandum provides a legal perspective on communication protocols as well as background on past practices and expectations. There are several categories of communications which are addressed separately.
Council to Council: Council members may communicate one to one with each other concerning Town business outside of public meetings. The Colorado Open Meetings Act states that three or more Council members constitute a public meeting and requires notice of that meeting in advance of such communication. Electronic communications constitute a “meeting” for the purposes of the Colorado Open Meetings Act. For this reason, Council has been advised not to engage in a dialogue concerning Town business by e-mail. Also, the Colorado Open Meetings Act prohibits public bodies from formulating a decision outside of a public meeting and violations of this rule can result in voiding of the action taken by Council.
The receipt of comments by all of Council directly from the public is acceptable as is the circulation of a question by an individual Council member to all of Council concerning official Town business (however, see Council with Manager communication below). Council members should remember that any e-mail (or tweet, facebook posting, or any other communication via any electronic form or social media) concerning Town business is a potential public record under the Colorado Open Records Act.
Council with Manager: Council members may communicate with the Town Manager outside of public Council meetings and such communication is an essential to the efficient function of the Town government. Only one or two Council members may communicate with the Town Manager at one time outside of a properly noticed public meeting in order to comply with the Colorado Open Meetings Act. The active involvement of Council members in many committees and topic areas necessitates regular communication with the Town Manager outside of public meetings.
It has been the practice that questions of a general nature by a Council member to all of Council should be directed through the Town Manager. There are four reasons for this protocol: first, so that the Town Manager is aware of the question; second, so that the Town Manager can respond to the question or direct the question to the proper person who can answer the question; third, to insure that all Council members are receiving the same information; and fourth, to minimize the potential for a Council dialogue via e-mail to begin in order to avoid any violation of the Colorado Open Meetings Act.
Council with Staff: Direct communications between Council and Town Staff are principally governed first and foremost by the Avon Home Rule Charter, which states as follows
“Section 8.5 Relationship of Council to Administrative Service.
M EMORANDUM & PLANNING, LLC
Avon Town Council Communication Protocols February 6, 2014 Page 2 of 2
Neither the Council, its members, the Mayor, nor any council committee shall dictate the appointment of any person to office by the Town Manager except as otherwise provided in this Charter or in any way interfere with the Town Manager or other Town officer
exercising judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council, its members, the
Mayor and any Council committee shall deal with the administrative service solely
through the Town Manager and neither the Council, its members, the Mayor, nor any Council committee thereof shall give orders to any of the subordinates of the Town
Manager.”
As a Council-Manager form of government, the Council has broad discretion to manage and direct the Town Manager, but the Town Manager has authority to manage and direct Town Staff. It is permissible for Council members to ask questions or request information directly from Town Staff persons. The practice and understanding has been that Town Staff shall respond to such requests provided the requests are not burdensome or disruptive to workflow or work deadlines. It has also been the protocol that Town Staff will notify the Town Manager of inquiries by Council members so that the Town Manager has general awareness of questions, issues and activities of Town Staff. Council members do have the same rights as the general public to ask questions, request information and provide comments directly to Town Staff (e.g. reporting that a stop sign has been knocked over). The Town Charter expressly prohibits individual Council members or Council as a body from giving direct orders to Town Staff.
Council with Attorney: The Town Attorney represents the Town as a municipal corporation by and through the Council as a governing body. Direct communication between individual Council members and the Town Attorney most often involves (1) pending Town business which is reflected in the Town’s strategic plan and which involves Council members assigned to the appropriate committee or topic and (2) inquiries and disclosures concerning conflicts of interest. Questions of a general nature are generally directed to the Town Manager so that the response can be provided to all of Council and the Town Manager.
Thank you, Eric
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 12, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 6:30 PM
AVON TOWN HALL, ONE LAKE STREET
Page 3
PRESIDING OFFICIALS
CHAIRMAN RICH CARROLL
VICE CHAIRMAN JEANNIE FANCHER
BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF, MATT
GENNETT
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE
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
5. RENEWAL OF LIQUOR LICENSES
5.1. Applicant: China Garden Inc. d/b/a China Garden
Location: 100 W. Beaver Creek Blvd.
Type: Hotel and Restaurant Liquor License
Manager: Sharon Mau
6. MINUTES FROM JULY 22, 2014
7. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JULY 22, 2014
AVON TOWN HALL, ONE LAKE STREET
2. FINAL - ALB 07-22-2014 Minutes Page 1
1. CALL TO ORDER AND ROLL CALL
Mayor Carroll called the meeting to order at 5:10 pm. A roll call was taken and Council members present
were Chris Evans, Dave Dantas, Jennie Fancher, Buz Reynolds, and Jake Wolf. Matt Gennett absent. Also
present were Town Manager Virginia Egger, Town Attorney Eric Heil and Town Clerk Debbie Hoppe as well
as members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
4. Public Hearing Special Events Permit
Applicant Name: Walking Mountains Science Center
Event Name: Flavors of Colorado
Event Dates: August 15-17, 2014; 6 pm until 10 pm
Location: Nottingham Park
Event Manager: Katie Tille
The application was presented with no concerns for the Special Event application. Board member Wolf
moved to approve the Special Events Permit for Walking Mountains Science Center for the Flavors of
Colorado Event; and Board member Evans seconded the motion and it passed unanimously with those
present.
5. RENEWAL OF LIQOUR LICENSES
6. MINUTES FROM JUNE 8, 2014
Board member Wolf moved to approve the Minutes from July 8, 2014; Board member Dantas seconded the
motion and it passed unanimously with those present.
7. Adjournment
here being no further business to come before the Board, the meeting adjourned at5:15 pm.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Rich Carroll ______________________________________
Dave Dantas ______________________________________
Chris Evans ______________________________________
Jennie Fancher ______________________________________
Albert “Buz” Reynolds ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Virginia C. Egger, Town Manager
John Curutchet, Parks and Recreation Director
Susan Fairweather, Director of Economic Initiatives
Date: August 9, 2014
Agenda Topic: Recreation Facilities Funding Options
Please find with this memorandum a Recreation Facilities Funding Options Report to provide
information in regards to a potential bond issue question on the November ballot. It includes a
summary of meeting directions since June, results of the Open Houses, and a recommendation for
funding method for each recreation facility under consideration.
If Council concludes that a bond issue should be placed on the ballot, the following next steps should
be considered:
Direct staff to prepare a Resolution to place a question on the ballot for action on
August 26th
Determine which projects should be included in the debt issue to decide total cost of
the bond plus fees
Determine the term of the bond and whether it will be Limited or Unlimited
Adopt the IGA for a coordinated election with the County as presented on the
August 12th agenda
In addition to the Report, a PowerPoint has been included in the packet. Staff will use the PowerPoint
during the work session, as needed.
RECREATION FACILITIES
FUNDING OPTIONS REPORT:
TOWN COUNCIL WORK SESSION
AUGUST 12, 2014
SOURCES
Town of Avon Comprehensive Plan, February 2006
Master Plan for Harry A. Nottingham Park, November 2008
Avon West Town Center District Investment Plan, August 2007
Town of Avon Comprehensive Transportation Plan,
October 2009
JACOBS Engineering, 2014
- Recreation Center Expansion
- Ice Rink/Summer Activity Center
- Nottingham Park Facilities
Prepared by:
Justin Hildreth, Town Engineer
Matt Pielsticker, Planning Manager
John Curutchet, Director of Parks and Recreation
Susan Fairweather, Director of Economic Initiatives
William Gray, Building Official
Ryan Graham, Aquatics Coordinator
Scott Wright, Assistant Town Manager
Virginia Egger, Town Manager
JACOBS Engineering
RECREATION FACILITIES FUNDING REPORT
TABLE OF CONTENTS
Section 1: Overview & Purpose of Work Session
Section 2: Summary of Council Meetings on Funding Options
Section 3: Community Outreach - Information Presented at Open Houses, Responses &
Staff Recommendation
Section 4: Funding Plan and Ballot Issue
Section 5: Next Steps
APPENDIX A: SURVEY RESULTS
APPENDIX B: RECREATION CENTER EXPANSION, PARKING & OUTDOOR ACTIVITY CENTER/ICE RINK
Section 1: Overview & Purpose of Work Session
The information in this Funding Report summarizes proposed recreation projects eligible for debt financing,
including the expansion and refurbishment of the Avon Recreation Center. The Funding Report also presents
the Council’s open houses public outreach effort and those results; and, options for funding the proposed
projects. The Report also provides information regarding the estimated costs for operations and
maintenance of a Recreation Center Expansion and scenario for increased programming and accompanying
revenues.
The purpose of the August 12th Work Session is for Council to decide if a ballot issue should be placed before
the voters on November 4, 2014, to extend a current mill levy in support of one or more projects. Action to
place a question on the ballot should be considered at the Council meeting of August 26th. September 5th is
the final day for a decision.
Section 2: Summary of Council Meetings on Funding Options
JUNE 10, 2014– WORK SESSION
Town Council reviewed an updated summary of Recreation Facility Projects
The Council agreed on hosting four Open House events to solicit input about the Recreation Center
Expansion and other Nottingham Park Facilities
Council reviewed bond terms and concluded only a 30-year bond should be presented at the Open
Houses as a a 25 year bond at current yields would only cover the estimated cost of the Recreation
Center Expansion and parking
Town Council provided a funding amount of $5,000 for schematics to be prepared for the Open
House events
Open House event dates and locations were presented
The schedule for ballot issue deadlines was determined
Additional information on costs, financing and capital projects was requested for an upcoming work
session
JUNE 18, 2013 – WORK SESSION
Town Council discussed debt service options for funding the Recreation Center Expansion and other
recreation projects:
Option 1. Extend the existing mill levy for the General Obligation Bonds that are maturing as a
“Limited” debt option: This option would set the total amount of the bond and the mill rate.
If assessed valuations fall during the term of the debt, and the mill rate cannot cover the
debt, the Town’s other revenues would be pledged for debt coverage
Option 2. Introduce an “Unlimited” debt issuance to voters which would set the total
amount of the bond, but allow the mill rate to increase for the debt payments if assessed
valuations fell below the level needed for debt payment.
In both scenarios, the mill rate would be reduced if assessed valuations increased
Town Council finalized Open House event dates, times and locations
Wednesday July 16, 2014 5:30 p.m. to 7:30 p.m. Avon Recreation Center Lobby
Wednesday July 23, 2014 5:30 p.m. to 7:30 p.m. Eagle Bend Apartments Community Room
Saturday July 26, 2014 9:30 a.m. to 11:30 a.m. Aspens Mobile Home Park Community Center
and 2:30 p.m. to 4:30 p.m. Avon Recreation Center lobby
JACOBS Engineering was asked to prepare schematics for the Open House events, including
information on the expansion and recreation projects and funding options
Section 3: Community Outreach - Information Presented at Open Houses, Responses &
Staff Recommendation
Information at Open Houses
The Town hosted four Open House events during the month of July. Schematics from JACOBS Engineering were
available to the public to view, question and to express their opinions on a ‘voting board’. Paper surveys were
also available. In addition, a table, as follows, was presented at each Open House, which listed each recreation
project and estimated cost, with the two different financing options, mill rates and expected property taxes on
assessed valuation of $300,000.
PROPOSED RECREATION PROJECTS
Project
Option 1
No Increase In
Annual
Debt Service
Option 2
Increase In
Annual
Debt Service
Notes
Recreation Center:
Phase 2 Expansion: 32,725 sq. ft.
$ 7,700,000
$ 7,700,000
Indoor sports areas and multi-use community center
to include additional space for activities such as
basketball, yoga and fitness space, increased area for
cardio/weights and special events (birthday parties,
film or writer’s festivals).
Parking for Recreation Center
1,290,000
1,290,000
84 spaces Rec. Center South, 87 spaces on Lake
Street, 38 spaces on Benchmark Road, South of
Seasons Building
Ice Rink/Summer Activity Center 290,000 Social ice rink/ Summer uses may include yoga, slack
line, day camp, bocce ball, etc.
Upper Field Reconstruction: Hybrid
Composition
346,500 Better able to support constant activity and
placement of structures; low water use
Restroom Remodel 302,000 Includes design fees of $27,000
Water Slide – Pool Theme Renovation 175,000 Currently in 2014 CIP at $100,000; financing allows for
a larger project
Destination Jump, Splash/Learn
(Playground)
770,000
Currently $70,000 in 2014 CIP for design.
GOCO grant of up to $350,000 may be available.
Shower Remodel 100,000 Currently in 2014 CIP
TOTAL BONDED PROJECTS $ 8,990,000 $ 10,973,500
BOND REVENUE / DEBT SERVICE SCENARIOS
Bond Proceeds
Mill Rate /
Annual Debt
Service
OPTION 1
- Limited General Obligation Bonds
– 30 yr. term
$ 10,060,000
3.302 mills /
$545,017
Same mill rate that citizens are currently paying on
the Town’s final outstanding general obligation debt
issue.
- Annual Residential Property Tax
Based Upon $300,000 AV Home
$78.85 annually
or $6.57 / mo.
OPTION 2
- Unlimited General Obligation
Bonds- 30 yr. term
$ 11,920,000
3.949 mills /
$658,513
Increase of .647 mills over current mill rate
Annual Residential Property Tax
Based Upon $300,000 AV Home
$94.30 annually
or $7.86 / mo.
Increase of $15.85 annually or $1.29 / mo.
Open House Responses
While well-advertised and promoted, attendance at the Open Houses was quite low, with approximately 15
persons attending over the four sessions. Each person was greeted, provided information and offered the
opportunity to “vote” for each project in a range of strongly supporting or no support. Paper surveys were also
offered. Not all persons opted to indicate project preference or to fill out a survey. Of those voting on the board,
support for the Recreation Center expansion was highly favored with the other facilities receiving a range of
support or non-support.
A total of 26 paper surveys were turned in, with the majority from guests at the Recreation Center, who filled out
the form while at the Center. This information also showed a strong preference for the Rec Center expansion
(77%), with 70% stating support for the estimated tax payment on $300,000. Results of the survey from the Open
Houses and 2013, when the same survey was distributed are found in Appendix A.
Staff Recommendation
Even with low turnout, conversations with Open House participants were convincing of the support of not only
the expansion of the Recreation Center, but also the need to refurbish the existing spaces. JACOBS reviewed the
estimated cost of $7,700,000, for the existing building and proposed expansion, and felt the projection was sound
for the square footage proposed. The addition of surface parking is integral to the facility and should be included
in the project at an estimated cost of $1,290,000.
While the outdoor activity center/ice rink was less popular for those turning in surveys in 2013 (34% support)
versus in 2014 when 64% favored the improvement, staff believes this is an important amenity to meet the
demands of recreationists today for outdoor yoga and other classes, adventure camp offerings, slack line type
activities, small format entertainment, ice skating etc., and because of the proximity to the building for
operational oversight, the inclusion of this improvement is recommended as an important element for the
Recreation Center.
Staff recommends the following projects for a long term debt ballot question:
RECREATION CENTER EXPANSION PROJECT: BOND ISSUE
PROJECT: See Appendix B for Project Description COST:
Recreation Center Gym, Weight room, yoga room expansion/existing building
upgrades
$7,770,000
Parking to accommodate expansion $1,290,000
Year around outdoor activities center, ice rink, summer camp, slacklining, yoga, tai chi $290,000
TOTAL $9,350,000
The remaining recreation projects reviewed by Council since June 2014, and last summer, in our view, remain
important. Funding as part of a bond issue, however, is not necessary. It is recommended construction of these
projects be either through pay-as-you go funding from the Capital Projects Fund and/or with grants, including a
GOCO grant application for the playground (Destination Jump, Splash, and Learn).
That funding recommendation is as follows:
PAY AS YOU GO/CAPITAL PROJECTS FUND, COMMUNITY ENHANCEMENT FUND, GOCO GRANTS
PROJECTS: COST METHOD OF PAYMENT
Upper Field Reconstruction, Hybrid Composition $346,500 Capital Projects Fund; GOCO
Restroom Remodel $302,000 Capital Projects Fund
Waterslide/Pool Theme $100,000 Currently in 2014 CIP
Destination Jump Splash Learn Playground $770,000 Capital Project Fund, CEF, GOCO
Shower Remodel $100,000 Currently in 2014 CIP
TOTAL $1,618,500
Section 4: Funding Plan and Ballot Issue
The Town’s only remaining General Obligation (GO) bonds will be paid off in 2016. Currently, for 2014, the mill rate
is 3.302 mills and generates $550,558 in property taxes based on a net assessed value of $166,734,780. Proposed
funding of Phase 2 of the Avon Recreation Center relied on the concept of presenting a ballot question to the
voters that would allow the Town to continue to levy this tax. The bonding capacity of the bond issue would total
$10.060 million and would provide a total of $9,159,570 in project funds, based on current interest rates and a
thirty-year maturity.
Under this ballot issue scenario of limiting the tax rate to 3.302 mills, the amount of project funds will be
approximately $169,570 short of the required $9,350 million identified is Section 1 of this report. Interest rates and
access to markets at the time of issuance could increase or decrease this difference. Under this scenario, the cost
to an Avon voter, assuming a home with a value of $300,000, is $6.57 per month or $78.85 annually.
The other ballot issue scenario would be to ask the Avon voters to approve an unlimited general obligation bond
issue. This scenario ensures that the Town will have access to capital markets for the full amount of the bond
authorization requested with no interest rate risk as to the limitation of the mill levy. These two options will be
discussed in further detail at the Town Council meeting with Dee Wisor, the Town’s bond counsel present to
answer any questions you may have.
Bond authorization could be granted by the voters as early as November, 2014. After paying the 12/1/14 payment
for the Town of Avon’s Series 2004 General Obligation Refunding Bonds, approximately $1,005,000 of principal will
be left outstanding. The Series 2004 bonds have a 12/1/14 par call feature, which allows the Town to refund the
outstanding callable bonds (maturing in 2015 and 2016) on 9/1/14 or later.
SOURCES AND USES OF FUNDS
Town of Avon, Colorado
General Obligation and General Obligation Refunding Bonds, Series 2016 (30 Years)
Preliminary
AA- MMD as of June 16, 2014
Dated Date 03/01/2015
Delivery Date 03/01/2015 Sources Bond Proceeds:
Par Amount $10,060,000 Other Sources of Funds:
Debt Service Fund 265,100 Total Sources $10,325,100
Uses Project Fund Deposit: $ 9,159,570
Refunding Escrow Deposit 1,015,050
Costs of Issuance, Underwriters Disc. 150,480 Uses $10,325,100
Section 5: Next Steps
To place a ballot question for the Recreation Center Expansion, Council will need to take the
following steps:
Direct staff to prepare a Resolution to place a question on the ballot for action on August
26th
Determine which projects should be included in the debt issue to decide total cost of the
bond plus fees
Determine the term of the bond and whether it will be Limited or Unlimited
Adopt the IGA for a coordinated election with the County as presented on the August 12th
agenda
APPENDIX A: Survey Results
TOWN OF AVON
RECREATION FACILITY AND IMPROVEMENTS SURVEY
RESPONSES FOR THE PERIOD AUGUST 15 – AUGUST 22, 2013
The Town of Avon is considering asking voters this November to implement the Phase 2 expansion of the Recreation
Center and to fund other recreation facility improvements. Please review the following choices and tell us if these
recreation improvements would be of interest to you?
CHECK ONE BOX
EXPANSION OF THE RECREATION CENTER TO INCLUDE: YES NO
1. Indoor sports areas and multi-use community center to include additional space for
activities such as basketball, yoga and fitness space, increased area for cardio/weights
and special events (birthday parties, film or writer's festivals)
117 / 92% 10 / 8%
2. Squash or racquetball courts 77 / 53% 68 / 47%
3. A climbing wall 94 / 75% 32 / 25%
4. An indoor playground 69 / 54% 58 / 46%
OTHER RECREATION FACILITIES & IMPROVEMENTS YES NO
5. New outdoor playground structure, outdoor fitness equipment and natural stream
play and learn area
99 / 79% 27 / 21%
6. Ice rink for general skating, lessons and small game play at the Recreation Center;
summer would be outdoor area for activities such as morning yoga, slack lines and
games
81 / 64% 46 / 36%
7. Remodeling of the Town Park Restrooms 78 / 62% 47 / 38%
8. Construct an ice sheet on Nottingham Park for sports like ice hockey and broomball 72 / 56% 56 / 44%
9. Put in a turf field near the elementary school 67 / 52% 62 / 48%
10. If you are voter in Avon: Assume improvements and expansion of the Recreation Center would cost
$12,500,000 and monthly property tax payments for residential property owners would be extended for 20 -
30 years. Would you be willing to support the following monthly property tax payment?
Residential Property: Based on $300,000 Assessed Valuation
Current monthly property tax being paid for past Town improvements: $6.02
Additional monthly cost for improvements: 2.31
Total monthly cost for up to 30 years $8.33
74 (72%) Yes, I would support $8.33 per month
29 (28%) No, I would not support $8.33 per month 103 Total Voters
TOWN OF AVON
RECREATION FACILITY AND IMPROVEMENTS SURVEY
RESPONSES FOR THE PERIOD JULY – AUGUST 2014
26 RESPONDENTS
QUESTION YES NO PERCENTAGE
Question # 1 Expand the Recreation Center 20 6 77% yes
Question # 2 Include Squash/Racquetball courts 12 14 54% no
Question # 3 A climbing wall 18 8 69% yes
Question # 4 an indoor playground 11 15 58% no
Question # 5 outdoor playground, outdoor fitness 13 13 50% yes
Question # 5 outdoor social ice rink 11 14 66% no
Question # 7 Remodel Park restrooms 12 13 53% no
Question # 8 Construct an ice sheet on Nottingham
Park
11 14 66% no
Question # 9 turf field near the Elementary School 10 16 62% no
Question # 10 Would you support $8.33 per month
based on $300,000 Assessed Valuation
19 8 70 % yes
APPENDIX B: Recreation Center Expansion, Parking & Outdoor Activity Center/Ice Rink
PHASE 2 RECREATION CENTER PLAN – COST ESTIMATE
SQ. FT. PER SF 70%
(FOOTNOTE 1) TOTAL
GYMNASIUM/MULTI-PURPOSE
SPACE 17,874 $122.59 $208.40 $3,724,995
CLIMBING WALL 2,900 $133.57 $227.07 $658,500
YOGA/OTHER ACTIVITY 1,600 $91.54 $155.62 $248,989
MEETING ROOM 1,600 $102.32 $173.94 $278,310
BASE BUILDING, INCLUDES
EXPANDED FITNESS/CARDIO;
POSSIBLE INDOOR
PLAYGROUND
8,751 $187.28 $318.38 $2,786,108
TOTAL PHASE 2 BUILDING 32,725 $7,696,903
FOOTNOTE 1: Utilizing data from Engineering News-Record, a well-respected construction journal, shows
construction cost for this region to have increased 70% since 1996.
PARKING ANALYSIS
H. A. Nottingham Park and Recreation Facilities Improvements
August 22, 2013
Currently there are 350 public parking spaces in the Town Center West area including the Town Hall, Fire
Station, Library, Lake Street, W. Beaver Creek Blvd, Recreation Center and the Season’s Triangle parking lots.
The current public buildings require 264 spaces assuming 4 spaces/1,000 SF and a 15% reduction for shared
and mixed uses pursuant to §7.28.020(g)(2)(ii), Mixed Use Reduction, Avon Municipal Code. The spaces not
required for the buildings provide parking for H.A. Nottingham Park.
The expansion of the Recreation Center is planned for the east side of the existing building, in the east
Recreation Center lot, which would result in a net reduction in parking spaces of approximately 69 spaces,
depending on the final design of the Recreation Center expansion. An ice rink is proposed for the west side
of the recreation center, in the location of the grass field and parking lot near the pool. The ice rink will
require the closing of the west recreation center parking lot and the loss of the 44 parking spaces. A multi-
purpose room/gym, expanded fitness room and flex meeting/yoga room will add approximately 32,750 SF to
the Recreation Center, requiring 76 additional parking spaces for a total of 345 spaces required for the public
facilities. 161 new parking spaces will be required to accommodate the new facilities and loss of parking.
The new additional parking spaces can be installed in several locations including under the recreation center
expansion, south of the Recreation Center, Lake Street and Benchmark Road south of The Seasons.
• Fifty-one (51) spaces can be built under the Recreation Center expansion for approximately $3.7M.
• Reconfigure the remaining portion of the Recreation Center lot with The Season’s north lot and
remove Benchmark Road for a total of 84 spaces.
• 38 pull-in paces can be built along Benchmark Road for about $250,000.
• Up to 48 parking spaces can be built along Lake Street for approximately $400,000.
• These parking configurations would yield a total of 361 parking spaces, 16 more than what is required
for the Recreation Center expansion and the existing facilities in the area.
A summation of the parking program is provided in the table below.
Location Parking Spaces Cost
Existing Parking
Recreation Center East 81
Recreation Center West 44
Lake Street 39
Town Hall 88
Library and Fire 49
Season’s Triangle Lot 34
W. Beaver Creek Blvd 15
TOTAL EXISTING SPACES 350
TOTAL REQUIRED SPACES WITH EXPANSION 345
Proposed Parking Options
Recreation Center South 84 $ 650,000
Lake Street 87 $ 400,000
Town Hall 88
Library and Fire Station 49
Benchmark Road, South of Seasons Bldg. 38 $250,000
West Beaver Creek Blvd 15
TOTAL PROPOSED 361 $1,290,000
OUTDOOR YEAR AROUND ACTIVITY CENTER
AUGUST 2014
Nottingham Lake is no longer considered a viable option for an ice rink due to variable winter conditions, on-
going safety concerns, and overall higher maintenance costs. Staff is recommending a year around outdoor
activities center be constructed on the west side of the Recreation Center. During winter months, the area
will be utilized as a social ice rink for open family skating, ice skating lessons, beginning hockey and our adult
Broomball League. During the spring, summer and fall seasons, the area will activate with summer camp
use, outdoor yoga and tai chi, slacklining, beginning skateboard lessons, and act as a small event venue.
ESTIMATED O & M COST
RECREATION CENTER EXPANSION
AUGUST 2013
Total Estimated Utilities, Maintenance and Equipment Replacement: $141,400 - $155,800
Senior Planner Matt Pielsticker developed these estimated annual costs using different methodologies depending
on the expense.
Utilities: $95,900 - $104,700
The operating pro-forma budget for the planned 63,100 sq. ft. Crown Mountain Recreation Center (CMRC) was
prepared by Green Play, LLC, experts in recreation facility management and operations.
CMRC staff also took the additional step to request that operators of Glenwood Springs, Carbondale, Fruita and
Gypsum review the operating assumptions and projections, and their input was incorporated. For purposes of
calculating the proposed mill levy increase to support CMRC O&M, Utilities were calculated at $3.20 per sq. ft.
based on the actual 2012 Gypsum Recreation Center utility expenses. Based on that formula, the estimated Utility
costs for Avon Phase II Expansion – 32,725 sq. ft. x $3.20 = $104,720 per year
Staff evaluated the 2012 actual costs for the Avon Recreation Center which totaled $116,332 for the 39,687 sq. ft.
of existing space = 2.93 per sq. ft. per year. These costs do not include heat recovery expenses and therefore
Staff is comfortable with this average price per sq. ft.
Estimated Utilities for Avon Phase II Expansion – 32,725 sq. ft. x $2.93 = $95,884per year
Maintenance: $25,500 – $31,100
The operating pro-forma is based on Recreation Center staff keeping building and all equipment clean during the
operational hours of the facility. A contractual janitorial service is included for deep cleaning of the facility at a
minimum of 7 nights per week. The maintenance level, as described, is estimated at $.95 per sq. ft. per year.
Estimated Maintenance for Avon Phase II Expansion – 32,725 sq. ft. x $.95 = $31,088 per year
Equipment Replacement: $20,000
The fitness area at the Rec Center currently has the following fitness equipment: Adaptive Motion Trainers (2),
Rowers (2), Recumbent Bikes (4), Upright Bikes (4), Step mills (1), Treadmills (5), Ellipticals (8), and Incline
Trainers (2). These machines have estimated useful lives of 3 years and can range in cost from about $1,500 for
rowers to upwards of almost $9,000 for treadmills with multi-media capabilities. Free weights and circuit weight
machines are not included because these typically these have a much longer estimated useful life and are much
less expensive.
Total 2012 replacement charges were $38,903 for the above fitness equipment. It is estimated if the fitness area
was doubled in size we could expect have half-again as many fitness machines.
Estimated incremental annual cost of equipment replacement: $20,000 per year.
RECREATION CENTER EXPANSION PROGRAMMING
AUGUST 2013
2012 Avon Recreation District Community Survey – Key Findings
1. Cost/timing of programs were the top two deterrents of those that did not use the Avon Recreation Center
(ARC) in the past year. Additional space would help to allow better suited times for users.
2. Those patrons who use the other recreation providers for programs/facilities not provided/or limited at ARC:
2.1 WECMRD: 71% - Field House; 27% Youth Sports Leagues; 25% Gymnastics; 24% Adult Sports League; 18%
Youth Camps; 14% Ice Arena
2.2 Vail Recreation District: 27% Ice Arena; 24% Adult Sports Leagues; 23% Youth Camps;
19% Nature Center; 18% Gymnastics; 15% Youth Sport Leagues
3. The ARC scored low on the variety of fitness equipment offered; an expansion of the weight/cardio areas
would allow more varied equipment.
4. The lowest satisfaction scores for both ARC adult and fitness programs were for timing and scheduling;
inadequate space is available to meet this interest.
5. Of the patrons who have children and attend the Recreation Center, 91% have children under the age of 18,
indicating the importance of having child specific activities at ARC.
6. Written comment section of the survey:
6.1 Many requests for more yoga, a specific room would allow for more classes and more class times for
each class.
6.2 More volleyball, currently one night per week is offered at the Avon elementary gymnasium, more
times and larger space would allow better opportunities to play; offer leagues or shoot times.
6.3 More Teen programming
6.4 Requests for racquetball, squash, dance, Pilates - all programs which require appropriate space or
facilities.
ESTIMATED REVENUES: SCENARIO:
EXPANSION REVENUE GENERATION MODEL
Current % Increase with Expansion
Admission Fees $790,000 9% $71,100
Program Fees 40,000 60% 24,000
Fitness Programs 40,000 10% 4,000
Adult Programs 12,000 30% 3,600
Youth Programs 109,000 25% 27,250
Event Fees 15,000 30% 4,500
Rentals 10,000
ANNUAL REVENUES $144,450
RECREATION CENTER FACILITIES
FUNDING OPTIONS REPORT
•Public Outreach
•Review of Funding Options
•Staff Recommendation
Recreation Center Expansion Phase II
Review of Public Outreach
•Four public open houses held in July with 15 attendees total.
•Survey collection at Recreation Center and Town Hall –
limited response (26 returned)
Broad support for:
•Recreation Center Expansion & Expanded Parking
Mixed support for:
•All other amenities
Recreation Facilities/Improvements
Presented to Public
PROPOSED RECREATION PROJECTS
Project
Option 1
No Increase In
Annual Debt
Service
Option 2
Increase In
Annual Debt
Service
Notes
Recreation Center:
Phase 2 Expansion: 32,725 sq. ft.
$ 7,700,000
$ 7,700,000
Indoor sports areas and multi-use community center to
include additional space for activities such as basketball,
yoga and fitness space, increased area for
cardio/weights and special events (birthday parties, film
or writer’s festivals).
Parking for Recreation Center
1,290,000
1,290,000
84 spaces Rec. Center South, 87 spaces on Lake Street,
38 spaces on Benchmark Road, South of Seasons
Building
Ice Rink/Summer Activity Center 290,000 Social ice rink/ Summer uses may include yoga, slack
line, day camp, bocce ball, etc.
Upper Field Reconstruction: Hybrid
Composition
346,500 Better able to support constant activity and placement
of structures; low water use
Restroom Remodel 302,000 Includes design fees of $27,000
Water Slide – Pool Theme Renovation 175,000 Currently in 2014 CIP at $100,000; financing allows for a
larger project
Destination Jump, Splash/Learn
(Playground)
770,000
Currently $70,000 in 2014 CIP for design.
GOCO grant of up to $350,000 may be available.
Shower Remodel 100,000 Currently in 2014 CIP
TOTAL BONDED PROJECTS $ 8,990,000 $ 10,973,500
BOND REVENUE / DEBT SERVICE SCENARIOS
Bond Proceeds
Mill Rate /
Annual Debt
Service
OPTION 1
- Limited General Obligation Bonds
– 30 yr. term
$ 10,060,000
3.302 mills /
$545,017
Same mill rate that citizens are currently paying on the
Town’s final outstanding general obligation debt issue.
- Annual Residential Property Tax
Based Upon $300,000 AV Home
$78.85 annually
or $6.57 / mo.
OPTION 2
- Unlimited General Obligation
Bonds- 30 yr. term
$ 11,920,000
3.949 mills /
$658,513
Increase of .647 mills over current mill rate
Annual Residential Property Tax
Based Upon $300,000 AV Home
$94.30 annually
or $7.86 / mo.
Increase of $15.85 annually or $1.29 / mo.
Staff Recommendation
A November ballot question be presented asking the Avon voter to support an expansion
and refurbishment of the Avon Recreation Center and necessary parking to accommodate
the expansion. The question should also ask for support of an outdoor, year-around
activity center that supports summer and winter programs including camps, community
skating and other seasonal programs and events.
Total Cost of the Project:
•Recreation Center Expansion and Refurbishment $7,700,000
•Surface Parking $1,290,000
•Outdoor Activity Center – Ice Rink $ 290,000
TOTAL $9,280,000
Other proposed projects and improvements be funded with
accrued monies in the Capital Projects Fund, Community
Enhancement Fund, and with GOCO Grants:
•Upper Field Reconstruction
•Restroom Remodel
•Water Slide/Themed Pool Renovation
•Destination Jump Splash Learn (playground)
•Shower Remodel
Bond Revenue / Debt Service Options
Limited Issue
30-year Term
Under this ballot issue scenario of limiting the tax rate to
3.302 mills, the amount of project funds will be
approximately $169,570 short of the required $9,350
million identified is Section 1 of this report. Interest rates
and access to markets at the time of issuance could
increase or decrease this difference. Under this scenario,
the cost to an Avon voter, assuming a home with a value
of $300,000, is $6.57 per month or $78.85 annually.
Unlimited Issue
30-year Term
The unlimited ballot issue scenario would be to ask the Avon
voters to approve a general obligation bond issue with no
limitation as to the mill rate pledge. This scenario ensures that
the Town will have access to capital markets for the full
amount of the bond authorization requested with no interest
rate risk as to the limitation of the mill levy.
Other Considerations
•Interest rates are expected to rise; lower interest rates provide
greater proceeds
•Construction and material costs in Eagle County may increase as
the economy recovers
•Ballot questions by other governments
SHORT TERM RENTALS IN WILDRIDGE DURING 2015 AWSC Page 1 of 4
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Matt Pielsticker, AICP, Planning Manager
Date: August 4, 2014
Agenda Topic: PUBLIC HEARING on Resolution 14-13
Minor PUD Amendment for Short Term Rentals in the Wildridge Subdivision for 2015 AWSC
Introduction
Harry Greenberg, the Applicant, is requesting a Minor Planned Unit Development (PUD) Amendment (the
Application) to permit the Short Term Rental (STR) of homes (home rentals less than 30 days) in the
Wildridge PUD and Subdivision. The rentals could be nightly, weekly, or for the entire period of time, and
would be permitted within the following time period: January 30, 2015 through February 21, 2015. The
applicant is requesting this allowance in response to the demand for rental housing leading up to and
following the 2015 Alpine World Ski Championships (AWSC). The event dates for 2015 AWSC are February
2, 2015 to February 15, 2015. Attached to this report are the Application materials (Attachment A), written
public comments (Attachment B), memorandum from Eric Heil, Town Attorney, with respect to rentals in
Wildridge (Attachment C), and a Draft resolution (Attachment D) taking action to deny the request based
on Planning and Zoning Commission’s (PZC) recommendation.
Process
The Applicant approached Staff in April to determine the process and ask the Town to consider allowing
STR’s for the 2015 AWSC. According to the applicant, demand for rental homes will far outstrip supply, not
only in Avon, but the valley as a whole. Staff brought the applicant’s inquiry to the Town Council during a
work session on May 13, 2014 to gain feedback and direction on one of the following approaches: 1) should
short term rentals be considered on a property-by-property basis, 2) should short term rentals be
considered for the entire subdivision for this event exclusively, or 3) should short term rentals be
considered for the entire subdivision beyond this isolated event.
Council directed Staff to work with Mr. Greenberg and proceed through the public hearing process with
this request for the entire Wildridge subdivision, but limited to a defined duration to accommodate the
2015 AWSC event. In response to Town Council’s direction, the Applicant submitted the Application and a
letter of request to permit STR’s during the 2015 AWSC (Attachment A) on May 25, 2015. The public hearing
process and review criteria are outlined in this Staff Report.
Minor PUD Amendment
This application is processed in accordance with §7.16.060(h), Amendments to a Final PUD, AMC. Subsection
(1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures
for the same process. The application, as submitted, meets the criteria for a Minor Amendment. By
limiting the duration for STR’s and not approving permanently, it has been determined by Staff that the
request “does not change the character of the development and maintains the intent and integrity of the
PUD;” therefore, the application can be processed as a Minor PUD Amendment. This process requires
public notification, a public hearing before the PZC and a recommendation by the PZC to Council, and final
action by Council after another public hearing. This public hearing process allows residents of Wildridge to
voice their concerns and/or support for short term rentals during the 2015 AWSC.
Public Notification
In order to comply with the codified Public Hearing and noticing requirements, a mailed notice was
provided to all property owners in the Wildridge Subdivision the week of June 16th. Additionally, a notice
SHORT TERM RENTALS IN WILDRIDGE DURING 2015 AWSC Page 2 of 4
was published in the Vail Daily newspaper on June 20, 2014. Written public comment was received and is
included as Attachment B.
Public Hearings
• Planning Commission: July 1, 2014 - Consideration and Recommendation to Council
• Town Council: August 12, 2014 - Final Decision
The July 1st meeting completed the public hearing requirements with PZC. The Council will make the final
decision on this Application through a Resolution after holding one more public hearing, noticed for the
August 12, 2014 regular meeting.
Wildridge/Zoning Background
The Wildridge PUD was platted and intended to be 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 explicitly prohibited this type of land use. Currently, any
rental of one month or longer is permitted as a use by right.
Short Term Rentals include any rental less than thirty (30) days, and therefore this amendment would
permit any rental duration within the January 30, 2015 to February 21, 2015 period. As mentioned, rentals
could be for one day or for the entire period of time. There are no specifications in the Town Code for the
number of individuals that could occupy a rental unit.
For a complete picture of the zoning background and the interrelatedness of zoning to private covenants,
please refer to the attached (Attachment C) memorandums from the Eric Heil, Town Attorney.
PZC Review
The PZC reviewed this temporary amendment with attention to the neighborhood concerns expressed at
their hearing. Some of the potential impacts and considerations for this type of land-use that were
evaluated:
• Noise related to home construction with common walls (i.e. duplex, triplex)
• Safety
• Parking
• Duration of the event
• Absentee property owner/manager contacts
After reviewing Staff’s report and considering oral and written comments, the PZC ultimately approved a
resolution and recommendation for Denial of this application. The recommendation was based on a lack of
information from the applicant proving the demand for this type of housing during 2015, safety concerns,
and other potential adverse impacts. The recommendation was based on the following findings:
1. There is no viable method of regulating STR’s to ensure safety and building inspections.
2. No evidence pointing to the lack of STR’s in the region was provided with the application.
3. With absentee owners for STR’s there is no way to address concerns or issues in a timely
fashion if they come up.
4. The dwelling units in Wildridge were constructed for long-term residential use and may
not have the appropriate life safety devices (i.e. carbon monoxide detectors).
5. No clear benefit to the Town of Avon to allowing STR’s in Wildridge.
PUD Review Criteria
Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the Council shall consider the following criteria when
forming the basis of a recommendation:
SHORT TERM RENTALS IN WILDRIDGE DURING 2015 AWSC Page 3 of 4
(i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates
creative site design such that it achieves the purposes of this Development Code and represents an
improvement in quality over what could have been accomplished through strict application of the otherwise
applicable district or development standards. Such improvements in quality may include, but are not limited
to: improvements in open space provision and access; environmental protection; tree/vegetation
preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of
living and housing environments.
Staff Response: This PUD amendment addresses a unique situation with a special event that will span over
two weeks and includes guests from around the world. Ski racing has been interwoven throughout Vail
and Beaver Creek’s history since Vail Mountain opened to the world in the early 1960s. The 2015 AWSC are
a rare, major special event for the community, and a large influx of spectators and athletes is anticipated.
(ii) The PUD rezoning will promote the public health, safety, and general welfare;
Staff Response: The Planning Commission cited concerns with safety and some potentially negative effects
on the public health, safety and welfare.
(iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development
Code, and the eligibility criteria outlined in §7.16.060(b);
Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject
to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). The Comprehensive Plan
includes this area of Town as District 24: Wildridge Residential District. The Wildridge District planning
principles deal with enhancing and promoting open space connectivity and also respecting the steep
topography that exists; therefore these planning principles are not directly related to this Application.
(iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection,
and sewage and waste disposal, as applicable) will be available to serve the subject property while
maintaining adequate levels of service to existing development;
Staff Response: The PUD amendment would pose a negligible impact on public facilities and services; the
existing services can adequately serve the subdivision and rest of Town. All public and utility entities are
preparing for this “world stage” event with a coordinated approach. There will be no impact on roads in
Wildridge, as no on-street parking is permitted during the winter months.
(v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts
upon the natural environment, including air, water, noise, storm water management, wildlife, and
vegetation, or such impacts will be substantially mitigated;
Staff Response: Significant adverse impacts upon the natural environment are not anticipated with this
request. There should not be detrimental effects on air, water, storm water management, wildlife, or
vegetation. Noise impacts were discussed with PZC and there were concerns raised with points of contact
for affected neighbors if there were issues. The scope of this review is for rentals for an approximate three
week period of time and significant environmental impacts are not likely.
(vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts
upon other property in the vicinity of the subject tract; and
Staff Response: As discussed herein, the approval of the PUD amendment should not result in “significant”
adverse impacts upon other properties in the vicinity. The proposed PUD amendment contemplates
residential use of homes in Wildridge which does not change the existing residential use.
(vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other
properties in the vicinity of the subject tract.
Staff Response: There would be no effect on the “scale” of development. This application is limited to
duration of residential use, and no exterior alterations to buildings or the built form would be experienced.
SHORT TERM RENTALS IN WILDRIDGE DURING 2015 AWSC Page 4 of 4
Recommendation
Staff recommends that Council conduct a public hearing, consider public comments, and approve
Resolution 14-13, thereby denying the application with PZC’s recommended findings.
Available Actions
1. Public Hearing. Approve Resolution 14-13 as Drafted, thereby denying the application with PZC’s
findings and recommendation.
2. Public Hearing. Approve Resolution 14-13 with modifications.
3. Public Hearing. Continue to August 26, 2014 meeting and direct Staff to prepare a revised
Resolution.
Attachments
A: Application Materials
B: Public Comments
C: Memorandums from Eric Heil, Town Attorney
D: Draft Resolution 14-13, Denying the Application
1
Matt Pielsticker
Subject:FW: Mior PUD-Rental During World Cup 2015 Wildridge
From: Greenberg, Harry [mailto:hsgr@med.umich.edu]
Sent: Thursday, May 29, 2014 5:50 PM
To: Matt Pielsticker
Subject: Re: Mior PUD-Rental During World Cup 2015 Wildridge
To: Avon Town Council
Town of Avon
From: Harry S. Greenberg 5070 Wildridge Rd. E, Unit B Avon, CO 81620
Date: 5/29/2014
Re: Short Term Rental During World Cup 2015 in the Wildridge area Town of Avon
I have been informed by several real estate companies, including Sonnealp real estate that there is a shortage of short term rentals during the World Cup 2015 that Vail and Beaver Creek are hosting. The Wildridge area is
presently not zoned for short term rentals yet is proximous to Beaver Creek where many of the downhill skiing
events are held. It would make ideal short term housing.
I request that 5070 Wildridge Rd E, Unit B, and the rest of the Wildridge area as you see fit be made available for short term rental during the World Cup. Thank you for your consideration.
Harry S Greenberg
Sent from my iPad
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: Avon Planning and Zoning Commission
FROM: Eric J. Heil, Town Attorney
RE: Wildridge PUD Amendment application for Accommodation/Lodging Use
DATE: June 27, 2014
Summary: This memorandum is provided to address two issues raised in the Minor PUD Amendment for
Wildridge to allow accommodation/lodging use (i.e. short-term rentals) during the 2015 Alpine World Ski
Championship.
1. Relationship to Wildridge Covenants. I had previously reviewed the Wildridge Covenants and
researched case law regarding Planned Unit Developments in 2009 when the issue of
accommodation/lodging use in residential areas was considered in 2009. My previous memoranda are
provided with Matt Pielsticker’s memorandum. To reiterate and summarize, it is my opinion that the
Town can legally approve a PUD Amendment that permits a use that is not permitted by private
covenants concerning the same project. The effect is that the Town would grant approvals and/or
allow such use under the Town’s regulations; however, the Town’s regulation would not affect the
applicability and enforceability of the private covenants between and among private property owners in
Wildridge.
It is also my opinion that Avon Planning and Zoning Commission members may properly consider the
private covenants, changes in the community since the Wildridge project was first approved and the
nature of the PUD Amendment application in reviewing the PUD Amendment application. Whether
Planning and Zoning Commission members believe that a PUD Amendment should not conflict with
private covenants as a matter of principle or believe that the proposed PUD Amendment is consistent
with the applicable review criteria is a matter of policy that each Planning and Zoning Commission
member will need to determine.
2. Legal Precedent. It is my opinion that approval of PUD Amendment in one circumstance would not
create a legal precedence that would entitle any property owner to a future PUD Amendment. PUDs
are a flexible form of zoning and zoning amendments are generally treated as legislative acts. A PUD
Amendment application is different than other development applications, such as a Development
Plans, Design Review and Special Review Use where it is possible that an applicant can point to past
approvals as a legal precedence to approve an application that is substantially similar.
Thank you, Eric
M EMORANDUM & PLANNING, LLC
Widner Michow & Cox LLP Eric Heil, Esq., A.I.C.P. 13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392
Centennial, CO 80112 eheil@wmcattorneys.com
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: September 25, 2009
SUBJECT: Application of Short Term Overlay District and Wildridge PUD
Summary: On September 22, 2009, the Town Council approved first reading of Ordinance No. 09-12 establishing a Short Term Rental Overlay District and approved expanding the overlay
zone district to include Eaglebend Drive, Nottingham Road, and the Wildridge Planned Unit Development (“PUD”), which includes Wildwood. This memorandum addresses legal issues
raised by conflicts between the Short Term Rental Overlay district and the Wildridge PUD. A
short term rental use cannot be approved for the Wildridge PUD through the adoption of an overlay zone district because the Wildridge PUD expressly excludes short term rental use. A
PUD Amendment is the legally appropriate procedure to change or alter the current restriction of
short term rentals in the Wildridge PUD.
Wildridge PUD: The Wildridge PUD was approved by the Town of Avon in 1981. Note 4 of the
PUD Plat states:
Definitions: Dwelling Unit – one or more rooms in addition to a kitchen and bath facilities, in a permanent building, designed for use as a dwelling exclusively by one
family or one or more human beings as an independent housekeeping unit and
independent of other families: such dwellings shall not include mobile homes,
hotels, lodge units, clubs, hospitals, temporary structures such as tents, railroad cars,
trailers, motor homes or campers, campers, street cars, metal prefabrications sections or similar units. [emphasis added]
The question of whether short term rental use is allowed in the Wildridge subdivision was
recently litigated. The Colorado Court of Appeals ruled that the original 1979 zoning and the original Wildridge PUD language exclude short term rentals use, stating:
The plain language of the subdivision plat and zoning ordinance defined permitted use of
a "dwelling" to exclude use of the dwelling as a hotel or lodge unit. Because the subdivision plat and ordinance specified that the permitted use of the subject property
was a duplex, and that such use of the duplex as a hotel or a lodge was not permitted,
their objective import clearly was to prohibit uses inconsistent with the residential character of the area. See Town of Alta v. Ben Hame Corp., 836 P.2d 797, 801 (Utah
Ct.App.1992); see also Ord. No. 79-12, art. V, § 5.1(f) ("In residential . . . districts,
business or commercial activity is prohibited at all times except that limited home occupation offices may be allowed under special review uses in certain residential areas
To: Mayor and Town Council Re: Short Term Rentals
Date: September 25, 2009 Page 2 of 2
as specified in Section 3.2."). This reading of the subdivision plat and ordinance
comports with the general purposes those regulations serve. Among the objectives to be served by zoning is to avoid mixing together of industrial, commercial, business, and
residential uses. Cf. § 31-23-301, C.R.S.2006. The subdivision plat and ordinance
should thus legitimately maintain the character of a residential neighborhood. Jackson &
Co. (USA), Inc. v Town of Avon, 166 P.3d 297 (Colo. App. 2007).
Due to the express language of the original Wildridge PUD approval and the direct ruling in the
Jackson & Co case, an amendment to the Wildridge PUD is required to alter the prohibition on short term rental use. Both the Avon Municipal Code and state statute provide specific
procedures for amending planned unit developments.1 Avon Municipal Code section
17.20.110(k)(2) requires the Town to provide notification to “owners of all property within the PUD that may be affected by the proposed amendment (as determined by the Community
Development Director).” If required notice procedures are not properly followed, the local
government may not approve an amendment to a planned unit development. Whatley v Summit
County Board of County Commissioners, 77 P.3d 793 (Colo. App. 2003). Finally, the consent of
property owners is not required to approve an amendment to a PUD, Whatley.
Wildridge Protective Covenants: Wildridge is subject to protective covenants that define dwelling units with the verbatim language used in Note 4 of the PUD plat (i.e. no short term
rental use allowed). Paragraph 4 states that, “It is the intention of [Wildridge Development Company] that the Town and its [Design Review Board] shall follow and utilize the Architectural and Landscape Design Guidelines and other appropriate provisions of these covenants.”
According to Paragraph 4, the Covenants Committee may object to a decision of the Town or Design Review Board within seven (7) days of the decision (although no remedy is specified
other than the ability of the Covenants Committee to enforce the covenants). Paragraph 33
provides that the Town of Avon, Design Review Board, the Covenants Committee, or any property owner of the subdivision may enforce the covenants. Paragraph 32 provides that the
protective covenants cannot be amended unless approved by written consent of 75% of the
privately owned real property owners.
The Wildridge Protective Covenants allow the Town to enforce the covenants but do not create
an obligation by the Town to enforce the covenants. The Covenants Committee and individual
property owners retain the ability to enforce the Protective Covenants.
Conclusion: The Town of Avon cannot extend the proposed Short Term Rental Overlay Zone
District to the Wildridge PUD area through the current zoning adoption process. An application
to amend the Wildridge PUD to modify Plat Note 4 would be required to allow short term rental use in Wildridge. Furthermore, any such amendment would require providing mailed noticed to
each property owner of the proposed amendments. Based on the information provided, the
Town is neither bound nor obligated to follow or enforce the Wildridge Protective Covenants. However, unless the Wildridge Protective Covenants are modified by written consent of 75% of
the property owners, the Covenants Committee or any property owner in Wildridge could legally prevent any short term rental use as a private enforcement matter even if the Town approved an
amendment to the Wildridge PUD that allowed Short Term Rental use.
1 Avon Municipal Code section 17.20.110 requires Planning Commission and Town Council review of
PUDs and PUD amendments through the formal hearing process. C.R.S. §24-67-106(3)(b) requires notice and hearing prior to any modification of a PUD.
Widner Michow & Cox LLP Eric Heil, Esq., A.I.C.P. 13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392 Centennial, CO 80112 eheil@wmcattorneys.com
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: October 5, 2009
SUBJECT: Short Term Rental Overlay Zone District
Summary: This memorandum addresses legal issues raised by the proposed
Ordinance No. 09-12 establishing a Short Term Rental Overlay Zone District.
Application to Existing PUDs: I provided a memorandum dated September 25, 2009 which included the legal opinion that the Short Term Rental Overlay Zone District could
not be applied to the Wildridge PUD1 to allow short term rental use when the Wildridge
PUD language expressly prohibited such use. Rather, the PUD amendment process is
the appropriate procedure to modify the allowed uses in a PUD. PUD is a form of
zoning, therefore, a PUD amendment is essentially the same as a zoning amendment; however, the Town of Avon PUD amendment process requires notification to each
property owner whereas the Town’s general zoning amendment process does not
require notification to each property owner. AMC2 17.28.030 provides that notice is not
required to be sent to all property owners in an area proposed for a general zoning
change. AMC 17.20.110(k)(2) provides that notice shall be provided to all property owners within or adjacent to a PUD which may be affected by the proposed change.
Legally, the Town must follow the PUD amendment procedures and provide notice to all
property owners in a PUD area before considering any amendment to the permitted
uses in a PUD.3 The Short Term Rental Overlay Zone District should not be applied to
any PUD area unless the PUD amendment process is followed (i.e. notice is provided to all property owners within the PUD).
Relationship to Private Covenants: For the purposes of discussion of this topic, the
term private covenants includes declarations, owner’s association rules and regulations,
restrictions, restrictive easements, and private covenants. All these terms are similar in that they create potential restrictions on the use property through private contractual
relations.
1 Planned Unit Development 2 Avon Municipal Code 3 Whatley v Summit County Board of County Commissioners, 77 P.3d 793 (Colo. App. 2003)
TO: Hon. Mayor Wolfe and Town Council RE: Short Term Rental Overlay Zone District
DATE: October 5, 2009 Page 2 of 2
Generally, private covenants are legally independent of local government zoning
regulations such that the local government’s obligation only includes enforcing zoning regulations. Local governments are not legally required to enforce private covenants
unless the local government is party to the covenant and the covenant expressly
creates such obligation. Often times, private covenants are considered with land use
approvals and sometimes certain terms are required in private covenants as a condition
of land use approvals. Furthermore, the local government may require in certain circumstances that the private covenants name the local government as a beneficiary
so that the local government has an additional legal means to enforce certain
restrictions or obligations on properties (i.e. open space preservation or public access).
The Avon Municipal Code does not include any language which expressly addresses the relationship of the Town Code to private covenants. The Colorado Model Land Use
Code provides the following sample language:
Conflict with Private Covenants or Deeds. In case of a conflict between this Code and
any private restrictions imposed by covenant or deed, the responsibility of the Town/City
shall be limited to the enforcement of this Code. When provisions within this Code are
more restrictive than those imposed by covenant or deed, or when any such private
instruments are silent on matters contained within this Code, the provisions of this Code
shall rule.
In order to clearly address the issue of the Town’s zoning code relationship to private
covenants, the following language is proposed for adoption in the AMC:
17.12.055 Interpretation – relationship to private covenants.
In case of a conflict between the zoning code and any private restrictions imposed by
covenant or deed, the responsibility of the Town shall be limited to the enforcement of
the zoning code. When provisions within the zoning code are more restrictive than those
imposed by covenant or deed, or when any such private instruments are silent on matters
contained within the zoning code, the provisions of the zoning code shall govern. The zoning code shall not supersede, nullify or overturn the provisions of any private
covenant or deed which are more restrictive than the zoning code unless such private
restrictions are unconstitutional. The Town may apply and enforce the restrictions
imposed by covenant or deed if the Town required such covenant or deed as a condition
to a develop approval or if the Town is named as a beneficiary of such covenant or deed.
Requested Council Action: Please refer to memorandum from Matt Gennett,
Planning Manager, for recommendations and requested Council action.
Resolution 14-02 Minervini Minor PUD Amendment January 28, 2014 Page 1 of 2
TOWN OF AVON RESOLUTION NO. 14-13
Series of 2014
A RESOLUTION DENYING THE MINOR PUD AMENDMENT TO ALLOW SHORT TERM RENTALS DURING THE 2015 WORLD ALPINE SKI CHAMPIONSHIPS IN THE WILDRIDGE SUBDIVISION, TOWN OF AVON, COLORADO
WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the
Community Development Department of the Town of Avon by Harvey Greenberg (“Applicant”); and
WHEREAS, the Application requests to amend the zoning of the Wildridge PUD to allow
short term rentals (STR) within the Wildridge PUD from January 30, 2015 to February 21, 2015;
and
WHEREAS, the Planning and Zoning Commission held a public hearing on July 15, 2015, after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d),
Step 4: Notice, Avon Municipal Code, and considered all comments provided; and
WHEREAS, the Planning and Zoning Commission approved Resolution 14-03, Series of
2014, recommending that the Town Council deny the Application, citing the following findings:
1. There is no viable method of regulating STR’s to ensure safety and building inspections; and,
2. No evidence pointing to the lack of STR’s in the region was provided with the
application; and,
3. With absentee owners for STR’s there is no way to address concerns or issues in
a timely fashion if they come up; and,
4. The dwelling units in Wildridge were constructed for long-term residential use
and may not have the appropriate life safety devices (i.e. carbon monoxide
detectors); and,
5. No clear benefit to the Town of Avon to allowing STR’s in Wildridge;
WHEREAS, the Avon Town Council held a public hearing on August 12, 2014, after posting notice as required by law, considered all comments, testimony, evidence and staff reports
provided by the Town staff prior to taking action on the Application; and
WHEREAS, the Avon Town Council has examined the review criteria set forth in
§7.16.060(e)(4); and
WHEREAS, the Avon Town Council has made the following findings regarding the Application:
Resolution 14-02 Minervini Minor PUD Amendment January 28, 2014 Page 2 of 2
(1) The Application was processed in accordance with §7.16.060(h), Amendment to a Final
PUD, which allowed the application to be processed as a minor amendment pursuant to
§7.16.060(h)(1)(ii), Minor Amendment, and utilized the review criteria set forth in
§7.16.060(e)(4), Preliminary PUD Review Criteria; and,
(2) The Application was found to be in conflict with §7.16.060(e)(4), Preliminary PUD
Review Criteria, AMC based upon review of the Application, the Town staff report and
other evidence considered by the Avon Town Council at the public hearing; and,
(3) The Application will result in adverse impacts or unintended consequences for the
owners and residents of the Wildridge Subdivision and PUD.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Minor PUD Application for the Wildridge, Town of Avon,
Colorado, is hereby denied citing the findings cited herein.
ADOPTED AUGUST 12, 2014.
AVON TOWN COUNCIL
By:_______________________________ Attest:___________________________
Rich Carroll, Mayor Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Virginia Egger, Town Manager
Date: August 12, 2014
Re: Public Hearing Second Reading Ordinance 14-13 Revocable Encroachment License for Public
Parking Lot
BACKGROUND
The Planning and Zoning Commission approved the design for development of a public parking lot west of
Christy Sports at its April 24, 2014, meeting. The proposed site is Town-owned land, currently planted in grasses
with several trees on the lot. Staff recommended the change as a better use of the land considering location
near at the core of East Avon and onto Avon Road. The parking lot would be developed by Hoffmann
Commercial Properties at its cost. Twenty-eight (28) parking spaces would be provided. The parking would
remain open to the public.
REVOCABLE ENCROACHMENT LICENSE
At its July 2, 2014, meeting, Council passed on First Reading Ordinance 14-13, which would grant a Revocable
Encroachment License to Hoffmann Commercial Properties to install, construct and maintain the parking lot,
with the following terms:
• The Term of the License would be 99 -years
• During the first 20 years of the lease, no revocation notice could be issued
• Thereafter, a six month revocation notice may be made at any time
• Use would be for public parking
• Hoffmann Commercial Properties could limit parking time, such as a 2-hour parking limit; no overnight
parking would be allowed
A Public Hearing for Second Reading was held on July 22, 2014, and the Council continued Second Reading with
direction to staff to negotiate a 99-year term with the right for the Town to acquire the improvements from
Hoffmann Commercial Properties.
The Revocable Encroachment License presented in Ordinance 14-13 provides for:
• A 99-year lease, with the Town having the ability at any time to pay for the actual costs of parking lot
improvements. The developer will provide an accounting of the actual costs, however, total
improvement purchase is capped at not to exceed $175,000, the developer’s estimated cost of
construction.
• The parking lot improvements must be completed by November 15, 2015.
• A permanent Access Easement Area would be provided from the developer to the Town to ensure
access to the parking lot should the Town acquire the improvements and want to continue use of the
property as a parking lot.
• Until such time as the Town acquires the improvements, all operations and maintenance of the parking
lot is the responsibility of Hoffmann Commercial Properties.
MOTION: If Council wishes to proceed with the Ordinance after the Public Hearing, the recommended motion
is: I move to approve Ordinance 14-13 [with or without modifications.]
Ord. No 14-13 Approving Revocable License Agreement
August 12, 2014
Page 1 of 3
TOWN OF AVON
ORDINANCE 14-13
SERIES of 2014
AN ORDINANCE APPROVING AN AGREEMENT BY AND BETWEEN THE TOWN
OF AVON AND HOFFMANN COMMERCIAL PROPERTIES FOR THE GRANT OF A
REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT, AND
MAINTAIN PRIVATE IMPROVEMENTS ON
TOWN-OWNED RIGHT-OF-WAY AND PROPERTY
WHEREAS, the Town Council has authority to grant revocable encroachment licenses for
Town owned public property and/or right-of-ways;
WHEREAS, the Town Council finds that the grant of a revocable encroachment license to
construct a parking lot open to the general public on a public property adjacent to the Christy
Sports western parking lot and on a portion of Avon Road will promote the Avon Comprehensive
Plan and promote economic vitality in the Avon commercial core and will thereby promote the
healthy, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding 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 this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Revocable License Agreement Approved. The attached Revocable License
Agreement is hereby approved and accepted.
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute documents approved in this Ordinance and take such other
actions as may be reasonably necessary to implement the actions in this Ordinance.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
Ord. No 14-13 Approving Revocable License Agreement
August 12, 2014
Page 2 of 3
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. 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.
[Signature page follows]
Ord. No 14-13 Approving Revocable License Agreement
August 12, 2014
Page 3 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND
REFERRED TO PUBLIC HEARING on July 15, 2014 and setting such public hearing for
August 12, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake
Street, Avon, Colorado.
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 six 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 August 12, 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
Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 1 of 6
AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND HOFFMANN COMMERCIAL PROPERTIES FOR THE GRANT OF A REVOCABLE ENCROACHMENT
LICENSE TO INSTALL, CONSTRUCT, AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY and PROPERTY
1.0 PARTIES. The parties to this agreement (“Agreement”) are the TOWN OF AVON,
COLORADO, a Colorado home rule municipality (“Town”) and HOFFMAN
COMMERCIAL PROPERTIES (“Licensee”). This Agreement is effective upon execution by the Licensee and following execution by the Mayor on the date indicated below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain property located in the Town of Avon, Eagle
County, Colorado, commonly known as Avon Road. A portion of Avon Road that
is subject to this Agreement is more specifically described on Exhibit to License: Private Improvements (“Exhibit”) and such portion of Avon Road
shall be referred to as the “Town Property”.
2.2. The Licensee has expressed a desire to encroach upon and occupy the Town Property for the purpose of installing, constructing, and maintaining certain
temporary landscape improvements.
2.3. Licensee agrees to construct public parking and landscaping (“Private Improvements”) on the Town Property, which the Town desires and
acknowledges is a valuable public benefit that promotes goals of the Town’s Comprehensive Plan. Town further finds that the Private Improvements on Town Property provide benefits and value that equal or exceed the value of the Town
Property that the Town is providing for use by Licensee.
2.4. The Town is willing to grant a revocable license to the Licensee under the terms and conditions as hereinafter specified in this Agreement provided that nothing in
this Agreement shall waive or modify any obligation to seek building permits, right-of-way permits (including traffic control), variances, or other approval
necessary to meet any obligation imposed by law. The Licensee remains
obligated to apply for and obtain all necessary permits and approvals, pay all required fees, and comply with all applicable local laws, including but not limited
to any applicable provisions in the Avon Municipal Code.
3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee a revocable license for the
encroachment and occupation described as follows: landscape plantings (trees,
shrubs, and ground cover), retaining walls, as such Private Improvements are depicted on the Exhibit; provided, however, that nothing in this Agreement is
intended to waive, alter, modify, or permit any violation of any local law applicable within the Town of Avon. To the extent that the location or other specifications of this Agreement or any exhibit conflicts with local laws, the local
law shall govern. Except for the encroachment and occupation of the Private
Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 2 of 6
Improvements identified in this ¶ 3.1 and depicted on the Exhibit, no other encroachment, structure, improvement, vehicle, fence, wall, landscaping, or any
other real or personal property shall be erected, installed, constructed, parked,
stored, kept, or maintained in any way or fashion on the Town Property. As a condition to the license granted in this Agreement, Licensee shall construct the
Private Improvements as depicted on the Exhibit , which Private Improvements shall be constructed according to Town’s standards and which shall be completed by November 15, 2015 and Licensee hereby conveys a perpetual
access easement (“Access Easement”) across the area depicted as the “Access Easement Area” on the Exhibit , which Access Easement shall run with the land and shall survive the termination or expiration of this Agreement.
3.2. The encroachment and occupation of Private Improvements as specified in ¶ 3.1 above shall continue from the date of this Agreement for a period of NINETY-
NINE (99) YEARS, until August 11, 2113, unless earlier terminated in
accordance with the terms of this Agreement. Town may terminate this Agreement at any time, with or without cause, upon tendering reimbursement
payment in full for the cost (“Cost”) of the Private Improvements without any
depreciation. The Cost of Private Improvements shall be determined as follows: Upon completion of the Private Improvements and no later than December 31,
2015, Licensee shall submit to the Town documentation of Cost associated with
completion of the Private Improvements. Cost may include construction, engineering, design, testing, inspection, survey and legal expenses. Town shall
have thirty (30) days from the date of receiving documentation of Cost to submit a written objection, which objection shall be limited to inadequacy of the documentation or costs not directly related to the Private Improvements. If Town
does not submit a written objection then the Cost of the Private Improvements as submitted by Licensee shall be deemed accepted by the Town. If Town objects, then Licensee shall submit additional documentation to evidence the Cost of the
Private Improvements within thirty (30) days. Notwithstanding the foregoing, Town and Licensee agree that Town’s obligation to tender a reimbursement
payment of Costs as a condition of early termination shall not exceed TWO
HUNDRED THOUSAND DOLLARS ($175,000.00).
3.3. The Licensee agrees to construct, maintain, and repair the Private Improvements
placed or located on the Town Property by the Licensee or its lessees, agents,
employees, or other persons under the control or direction of the Licensee pursuant to this Agreement at the cost and expense of the Licensee and at no
cost or expense to the Town. The Licensee agrees that the Private Improvements shall be accessible and open to parking by the general public without charge and that overnight parking shall not be permitted without consent
of the Town. Limiting parking to periods of time shall be allowed (e.g. a 2-hour parking limit). The Licensee agrees to erect and maintain appropriate signage for parking. The Licensee agrees to provide private enforcement of parking
regulations consistent with this Agreement and acknowledges that Town may provide parking enforcement assistance in a manner consistent with, and according to, Town policies as is provided for other private commercial parking
areas open to the general public.
Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 3 of 6
3.4. The Licensee agrees to remove or cover graffiti or other damage caused to the Private Improvements within a reasonable time following notice or knowledge of
such damage or within forty-eight (48) hours of delivery to the Licensee of a
written demand by the Town, whichever is earlier. The Licensee shall not erect, cause to be erected or permit the erection of any sign, advertising object, or
illustration upon any improvement, structure, fence, or wall placed or located by the Town Property pursuant to this Agreement and shall promptly remove any such sign or advertising.
3.5. The Licensee agrees to maintain the landscaping in a healthy condition at all times during this Agreement and shall be responsible for ensuring the proper pruning or replacement as necessary to present a healthy landscape condition.
3.6. The Licensee expressly agrees to, and shall, indemnify and hold harmless the Town and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney’s fees that are or
may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm,
partnership, or corporation, in connection with or arising out of any omission or
act of commission by the Licensee or any of its employees, agents, partners, or lessees, in encroaching upon the Town Property. In particular and without
limiting the scope of the foregoing agreement to indemnify and hold harmless,
the Licensee shall indemnify the Town for all claims, damages, liability, or court awards, including costs and attorney’s fees that are or may be awarded as a
result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any claim in whole or in part that
all or any portion of the Private Improvements and encroachment permitted by this Agreement constitutes a dangerous and/or unsafe condition within a public right-of-way.
3.7. The Licensee agrees that it will never institute any action or suit at law or in equity against the Town or any of its officers or employees, nor institute,
prosecute, or in any way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising
as a result of or form the revocable license granted to the Licensee by this
Agreement. This provision includes but is not limited to claims relating to road maintenance, snow removal or other public works activities performed by or on
behalf of the Town.
3.8. The Licensee agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Private
Improvements erected or maintained by the Licensee under this Agreement.
3.9. The Licensee agrees to repair and reconstruct any damage to the Town Property upon termination of this Agreement or removal of the Private Improvements
described in ¶ 3.1 and any other improvements erected by the Licensee on the Town Property and the Licensee shall return the Town Property to its original condition at the cost and expense of the Licensee and at no cost or expense to
Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 4 of 6
the Town. In the event that Licensee does not remove the Private Improvements and repair and restore Town Property to the condition prior to this Agreement
within the time period determined in ¶ 3.2 above, then Licensee shall be deemed
to have abandoned the Private Improvements and any rights thereto and the Town may proceed to remove the Private Improvements. The Town may seek
recovery of all costs incurred for the removal of Private Improvements from Town Property, repair of damages to Town Property, and restoration of Town Property, including legal costs and reasonable attorney fees.
3.10. The Licensee agrees to procure and maintain, at its own cost, a policy or policies of insurance protecting against injury, damage or loss occurring on the licensed premises in the minimum amount of $1,000,000.00 per occurrence. Such policy
or policies shall name the Town as an “additional insured”. However, the Licensee’s failure to take such steps to insure the premises shall not waive,
affect, or impair any obligation of the Licensee to indemnify or hold the Town
harmless in accordance with this Agreement.
3.11. The Licensee shall be deemed to have intentionally and irrevocably abandoned
and relinquished rights and interest in the Private Improvements in the event that
the Licensee conveys all the Licensee’s interest in the property or properties obtaining access or receiving benefit from the improvements and encroachments
described in this Agreement. The Town shall be entitled to rely upon the public
records of ownership maintained by the office of either the Eagle County Clerk and Recorder or the Eagle County Assessor in rendering a determination that the
Licensee has abandoned and relinquished the Licensee’s rights and interests as provided by this paragraph. In such event, the Town may remove and demolish such improvements without notice to the Licensee.
4.0 TERMINATION FOR DEFAULT. Town may elect to terminate this Agreement and
revoke the license for encroachment on Town Property in the event that Licensee defaults under any provision of this Agreement provided that Town first provides written
notice describing the default and Licensee fails to cure by 5:00 p.m. Mountain Time on the third business day after the date of the written notice of default if such default involves a failure to permit parking by the general public in accordance with ¶ 3.3 or a
failure to provide and maintain insurance required by ¶ 3.10 or fails to cure within thirty (30) days after the date of a written notice of default for all other defaults in this
Agreement.
5.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior written consent of the Town which may withhold its consent for any reason; provided that
the Town encourages the Licensee to inform any purchaser of the Licensee’s property or
interests of the existence of this Agreement and the Town will promptly consider any request by the Licensee for assignment of this Agreement to such subsequent
purchaser.
6.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if
sent by certified mail or registered mail, postage and fees prepaid, addressed to the
party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other
Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 5 of 6
party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail.
7.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties.
If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Invalidation of the Agreement in its
entirety shall revoke any authorization, whether explicit or implied to the continuing use and occupancy of the Town Property for the Private Improvements.
8.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado.
9.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.
10.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the
assignment of this Agreement except as otherwise expressly authorized herein.
11.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town shall incur no cost or expense attributable to or arising from the construction,
maintenance, or operation of the Private Improvements and encroachment permitted by this Agreement and that, in all instances, the risk of loss, liability, obligation, damages, and claims associated with the encroachment shall be borne by the Licensee. This
Agreement does not confer upon the Licensee any other right, permit, license, approval, or consent other than that expressly provided for herein and this Agreement shall not be construed to waive, modify, amend, or alter the application of any other federal, state, or
local laws, including laws governing zoning, land use, property maintenance, or nuisance.
12.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are
expressly authorized to execute this Agreement on behalf of the Parties and to bind their respective Parties and that the Parties may rely upon such representation of authority.
13.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this
Agreement or to recover reimbursement costs for removal of Private Improvements from, repair of any damages, and/or restoration of Town property subject to this
Agreement, Town shall be entitled to recover any and all legal costs and attorney’s fees
incurred.
[SIGNATURE PAGE FOLLOWS]
Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 6 of 6
DATED AUGUST 12, 2014.
TOWN OF AVON:
By: ________________________________ Rich Carroll, Mayor
ATTEST: Approved as to Form:
_________________________________ ______________________________ Debbie Hoppe, Town Clerk Eric Heil, Town Attorney
LICENSEE:
By: _________________________________
Name:_______________________________
Title:________________________________
Address: PO Box 1980 Avon, CO 81620 STATE OF COLORADO )
) COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ________ day of
____________________, 20____, personally by _______________________________.
___________________________________ Notary Public
(SEAL) Commission expires: _____________
TOWN COUNCIL REPORT
To: Honorable Mayor and Members of Town Council
From: Brian Garner, Town Planner
Date: August 12, 2014 Town Council Meeting
Agenda: Topic: 2nd Reading of Ordinance 14-09: Code Text Amendment to the Avon Development
Code: Section 7.16.080(d) & 7.16.090(d) Public Hearing Requirements
Overview
The two code text amendments presented to Council at the July 22 meeting included a proposed
amendment to Sec. 7.28.090(3)(v), Building Materials & Colors with language to remove the LRV
standard as recommended by the Planning & Zoning Commission. However, Town Council was not in
concurrence with the language proposed to amend Sec. 7.28.090(3)(v)of the Development Code
upon 1st reading of the Ordinance and deferred action for this Section.
The remaining code text amendment proposes to amend Section 7.16.080(d) and 7.16.090(d), Notice
and Hearing, of the Avon Development Code. This Code Text Amendment would repeal the existing
language in its entirety and be reenacted as proposed below. Additionally, this Code Text
Amendment will require modification to Table 7.16-1, Development Review Procedures and Review
Authority to reflect the public hearing requirement for applications considered by the PZC.
Background
At the June 3, 2014 PZC work session meeting, the Planning Commission requested a code text
amendment to mandate a Public Hearing for any application being considered by the Planning &
Zoning Commission. The Avon Planning and Zoning Commission reviewed the proposed Code Text
Amendment through Case #CTA14001 at the June 17, 2014 meeting and recommend approval of the
proposed Code Text Amendment. Town Council was presented with the 1st reading of Ordinance 14-
09 at the July 22, 2014 meeting. On 2nd reading of Ordinance 14-09 only Section 7.16.080(d) and
7.16.090(d), Notice and Hearing, of the Avon Development Code is proposed to be amended.
Existing Language and Proposed Language:
Existing Language Proposed to be Amended:
§7.16.080(d): Notice and Hearing: Notice and public hearing shall not be required for development
plan review.
§7.16.090(d): Notice and Hearing: Public notice and hearing shall not be required for this application
type.
Proposed Language:
§7.16.080(d): PZC shall review and render a decision or recommendation on the development plan
application after conducting a public hearing. Notice of the public hearing shall be published and
posted in accordance with 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may
be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not
conduct a public hearing for administrative review and decision on development plan applications.”
§7.16.090(d): PZC shall review and render a decision or recommendation on the design review
application after conducting a public hearing. Notice of the public hearing shall be published and
posted in accordance with 7.16.020(d)(1) and mailed notice is not required. The decision of PZC may
be appealed to the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not
conduct a public hearing for administrative review and decision on design review applications.”
Table 7.16-1: The Development Review Procedures and Review Authority Table will be updated in
accordance with the code text amendment as shown below with highlighted changes in red:
Staff Recommendation
Staff recommends conducting a Public Hearing and approval of Ordinance 14-09.
Attachment:
Ordinance 14-09
Page 1 of 4
Ord No. 14-09 – Code Text Amendments to Avon Development Code
FINAL August 12, 2014
TOWN OF AVON, COLORADO
ORDINANCE 14-09
SERIES of 2014
AN ORDINANCE AMENDING AVON MUNICIPAL CODE TABLE 7.16-1,
SECTION 7.16.080(d) AND SECTION 7.16.090(d) CONCERNING PUBLIC
HEARINGS FOR DEVELOPMENT PLAN AND DESIGN REVIEW
APPLICATIONS
RECITALS
WHEREAS, the Avon Town Council initiated an application (“Application”) to amend the
text of the Avon Development Code (“ADC”) in accordance with Section 7.16.040 of the ADC;
WHEREAS, the Application would amend Sections 7.16.080(d) and 7.16.090(d) Notice and
Hearing and Table 7.24-1, Development Review Procedures, in accordance with the Code Text
Amendment;
WHEREAS, the Avon Planning & Zoning Commission held a public hearing on June 17,
2014, after publishing and posting notice as required by law, considered all comments,
testimony, evidence and staff reports provided by the Town staff, considered such information
prior to formulating a recommendation;
WHEREAS, after conducting the noticed Public Hearing, PZC made the required findings to
recommend approval of the application and adopted PZC Resolution 14-01, recommending
approval to the Town Council;
WHEREAS, the Town Council of the Town of Avon held a public hearing on August 12,
2014 after posting notice as required by law, considered all comments, testimony, evidence and
staff reports provided by the Town staff prior to taking any action on the Application;
WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has
considered the applicable review criteria for a Code Text Amendment and found the Application
in compliance with the review criteria, and specifically finds that requiring public hearings on
development plan and design review applications will promote awareness and involvement of the
Avon community and will thereby promote the general welfare of the Avon community, promote
the goals and policies of the Avon Comprehensive Plan, including but not limited to Goal D.1.
and Policy D.1.2. concerning the relationship of development to adjacent development, and will
respond to changed conditions concerning community interest in development plan and design
review applications; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Page 2 of 4
Ord No. 14-09 – Code Text Amendments to Avon Development Code
FINAL August 12, 2014
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinances.
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 Table 7.16-1: Development Review Procedures and Review
Authority. Table 7.16-1, Development Review Procedures and Review Authority, of the ADC
is amended as follows:
The cell in the row Development Plan, Minor, column Director shall read “D or R”;
The cell in the row Development Plan, Minor, column PZC shall read “H-D”;
The cell in the row Development Plan, Major, column PZC shall read “H-D”;
The cell in the row Development Plan, Major in Town Core column PZC shall read
“H-R”;
The cell in the row Development Plan, Major in Town Core, column TC shall read
“H-D”;
The cell in the row Design Review, column Director shall read, “D or R”;
The cell in the row Design Review, column PZC shall read, “H-R or H-D”; and
The cell in the row Design Review, column TC shall read, “H-D or A”.
Section 3. Amendment to Section 7.16.080(d). Section 7.16.080(d) is hereby repealed in
its entirety and re-enacted to read as follows:
“PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a
public hearing when reviewing a Development Plan applicable in the Town Core.
Notice of the public hearing shall be published and posted in accordance with
7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be
appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Director shall not conduct a public hearing for administrative review and decision
on development plan applications.”
Page 3 of 4
Ord No. 14-09 – Code Text Amendments to Avon Development Code
FINAL August 12, 2014
Section 4. Amendment to Section 7.16.090(d). Section 7.16.090(d) is hereby repealed in
its entirety and re-enacted to read as follows:
“PZC shall review and render a decision or recommendation on the development
plan application after conducting a public hearing. Town Council shall conduct a
public hearing when reviewing a Design Review application in the Town Core.
Notice of the public hearing shall be published and posted in accordance with
7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be
appealed to the Town Council pursuant to Section 7.16.160, Appeal. The
Director shall not conduct a public hearing for administrative review and decision
on development plan applications.”
Section 5. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents
associated with this Ordinance and documents approved by this Ordinance provided that such
corrections do not change the substantive terms and provisions of such documents.
Section 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 days after final adoption 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. 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 at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, 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.
Page 4 of 4
Ord No. 14-09 – Code Text Amendments to Avon Development Code
FINAL August 12, 2014
Section 10. Final Action. Approval and final adoption of this Ordinance on second reading
constitutes the Town’s final action for the purposes of any appeal, legal challenge or referendum
seeking reconsideration of the decision of the Town Council with respect to this Ordinance and
matters approved hereby in accordance with Section 7.16.020(f)(5) of the Avon Municipal Code
and in accordance with Chapters VI and VII of the Avon Home Rule Charter.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on July 22, 2014 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on August 12, 2014, at 5:00 P.M. in the Council Chambers, Avon
Municipal Building, One Lake Street, Avon, Colorado.
____________________________
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 Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 12th day of August, 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
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Matt Pielsticker, Planning Manager
Date: August 7, 2014
Agenda Topic: License with Hoffmann Commercial Real Estate for Pedestal and Bronze Statue
Summary
Hoffmann Commercial Properties (HCP) is requesting a Revocable Encroachment License Agreement
(License Agreement) for location of a concrete pedestal and large bronze statue to be located within
the Hurd Lane right-of-way, which is Town-owned property. The height of the pedestal and bronze is
6’ and 14’, respectively, (20’ combined) and the piece is titled, “The Chief by Vala Ola.” The
improvements would be constructed and maintained by HCP, which is the adjacent property owner.
Process
HCP approached staff on July 16th, with an application for the placement of a bronze statue on Hurd
Lane near Nottingham Station. After review of the siting of the feature, it was determined the
statue, in the application is being located in the Town’s right-of-way.
The actual bronze statue meets Town codes and can be approved at the staff level, pending location.
The staff will not process the application until Council decides the right-of-way license request.
Site Evaluation
The Council granted a five-year Revocable Encroachment License to HCP for a retaining wall along
Hurd Lane last fall. The location of the wall could not be fully placed on HCP’s property to meet the
objectives of slope retention and an improved sidewalk experience, which included landscaping. The
improvements were for functional/aesthetic reasons, and were permanent in nature. The wall,
composed of “Railroad Bridge and Westin Stone” has since been constructed and all landscaping
improvements were recently installed above and below the retaining wall.
A review of the proposed bronze shows the feature can be constructed on HCP property
immediately adjacent to the proposed location at approximately 15’ to the east and 15’ to the north.
The attached Site Plan locates this triangle shaped portion of property owned by HCP and appears to
be equally suitable, with exposure to Avon Road and at the same elevation above Hurd Lane.
Acknowleging the size of the statue serves as both art and as an “entry sign” to the Nottingham
Station businesses, siting the art back onto HCP property, in staff’s review, still offers a strong visual
notice to the property, but recognizes it is not quite as prominent.
Location of the piece on adjacent HCP land would not require a License Agreement, is free from
impedements, would not require a Right-of-way Permit, and avoids any precedent action. Allowing
private improvements on public property, which are not structural or needed for purposes of safety,
or without reimbursement (i.e. potential annual fee) is not generally supported if there are vible
alteratives available.
Page 2
Council Action
If the Town Council wishes to provide a License Agreement, staff will prepare the document of
action by the Council on August 26th. Direction from the Council should include:
• Term of the License
• Revocation parameters
• Payment, if any, for use of public property
Attachment
• Site Plan
Photo Representation
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Justin Hildreth, Town Engineer
Date: August 7, 2014
Re: Memorandum of Understanding between State of Colorado – Department of Transportation
and Town of Avon
BACKGROUND
The Colorado Department of Transportation (CDOT) is in the process of overlaying US 6 from Squaw Creek
Road in Edwards to Avon Road. As part of the project, Eagle County Transit paid CDOT to install bus pullouts
and 500 feet of sidewalks along the pullouts at the US 6 and West Beaver Creek Blvd intersection.
CDOT and Eagle County Transit have requested maintenance assistance for the sidewalks from local partners
since neither entity regularly maintains sidewalks. Sunridge Homeowners Association and Beaver Creek Resort
have agreed to the regular maintenance including snow removal. CDOT and Eagle County Transit have
requested the Town of Avon to take on responsibility for the capital maintenance of the sidewalks including
crack repair and periodic replacement. CDOT will continue to maintain the vehicle traveled portions of US6 and
the associated drainage structures.
There is not expected to be any financial implications for the next 10 years. After 10 years, the curb and gutter
will start to need replacement where it is damaged by the snowplows and potentially some sidewalk sections.
Currently, curb and gutter costs $60/LF to replace and sidewalk costs $35/SF to replace. The long-term financial
implications are estimated to be approximately $5,700/year assuming a 5% yearly replacement rate.
MOTION: Staff recommends approval of the Memorandum of Understanding between the State of Colorado –
Department of Transportation and Town of Avon.
MOU Maintenance SRM#: TBD
Town of Avon
1
MEMORANDUM OF UNDERSTANDING (MOU)
Between
The State of Colorado – Department of Transportation
And
Town of Avon
This MOU entered into between the Colorado Department of Transportation (“CDOT” or “State”) and the
Town of Avon (”Local Agency”) located at PO Box 975, Avon, CO 81620, (together “the Parties”), is for
the transfer of long-term maintenance responsibilities for the sidewalks located at the Northwest and
Southeast corners of the intersection of U.S. 6 and West Beaver Creek Boulevard/Prater Road, as
described in Exhibit A.
I. General Provisions
A. The Maintenance Scope of Work includes the following:
Capital Maintenance on the Northwest and Southeast corners located at the intersection of U.S. 6
and Prater Road/West Beaver Creek Boulevard, as seen in Exhibit A. The Town of Avon will
assume capital maintenance responsibilities, including long term capital improvements for the
sidewalk, in perpetuity, described in Exhibit A, unless amended or terminated by CDOT.
B. Term
The Parties concur that this MOU and the transfer of capital maintenance responsibilities,
including long term capital improvements, from CDOT to the Local Agency will become
effective upon approval of the Chief Engineer. The Town of Avon will assume capital
maintenance responsibilities for the Northwest and Southeast corners located at the intersection of
U.S. 6 and Prater Road/West Beaver Creek Boulevard in perpetuity, described in Exhibit A,
unless amended or terminated by CDOT.
C. Day-to-day communications regarding this agreement shall be directed to:
For the State: For the Local Agency:
Michael Goolsby Virginia Egger, Town Manager
CDOT Town of Avon
606 South 9th Street PO Box 975
Grand Junction, CO 81501 Avon, CO 81620
970-683-6306 970-748-4452
michael.goolsby@state.co.us vegger@avon.org
D. Entire Understanding
The Parties acknowledge that no other written or oral representation, different or apart, from this
MOU has been made. This MOU is intended as the complete integration of all understandings
MOU Maintenance SRM#: TBD
Town of Avon
2
between the Parties. No prior contemporaneous addition, deletion or other amendment hereto
shall have any force or effect unless embodied herein by writing. No subsequent novation,
renewal, addition, deletion or amendment hereto shall have any force or effect unless embodied in
a writing executed and approved by both Parties.
E. Modifications
This MOU may be updated any time for adjustment resulting from the Work and any changing
needs of the Parties. All modifications must be mutually agreeable, in writing, and signed by the
authorized signatories or by their duly appointed representatives.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
MOU Maintenance
Town of Avon
3
II. Signatures
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
*Persons signing the MOU hereby swear and affirm that they are authorized to act on their Organization’s
behalf and acknowledge that the State is relying on their representations to that effect.
LOCAL AGENCY
Town of Avon
By: _________________________________
Title: ________________________________
Signature
Date: _______________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Transportation
By: Scott McDaniel, PE, Acting Chief Engineer
For: Donald E. Hunt, CDOT Executive Director
Signatory avers to the State Controller or delegate
that Local Agency has not begun performance of
that a Statutory Violation waiver has been
requested under Fiscal Rules
Date: _______________________________
2nd Grantee Signature if needed
By: __________________________________
Title: _________________________________
Signature
Date: _________________________________
EXHIBIT A
Exhibit A – Page 1 of 2
Scope of Work - CDOT Region 3
US 6 Edwards East and West
Beaver Creek Blvd Improvements
Maintenance Agreement
CDOT Project No. NH 0063-043
Capital Maintenance Responsibilities
Town of Avon (Town) to maintain:
Curb, gutter and sidewalks on Northwest and Southeast corners of intersection of U.S. 6
and Prater Road/W. Beaver Creek Boulevard including long term capital improvements.
Any damage to the curb, gutter and sidewalks or roadway that results from failure of
aspects maintained by the Town will be repaired at the expense of the Town.
CDOT to maintain:
Long term and minor maintenance of pavement along US 6 including potholing, crack
repair and capital improvements
Drainage structures (two inlets connecting to an existing pipe under US 6) at southeast
corner of the intersection including long term capital improvements.
Signing and striping along US 6
Snowplowing US 6
Maintain and mow per Maintenance Level of Service, all un-irrigated landscaping (CDOT
approved seed mix only, 3:1 slope or shallower).
Long term capital improvements of the curb, gutter and sidewalk to be completed by others via
separate maintenance agreement.
Upon the closure of the project the above responsibilities take effect.
The above delineations apply only to new construction produced by the project. Existing
unaltered appurtenances will continue to be maintained as they are currently.
The attached Maintenance responsibility map depicts the maintenance boundaries as identified
by the responsibilities above.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
EXHIBIT A
Exhibit A – Page 2 of 2
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Justin Hildreth, P.E., Town Engineer
Date: August 7, 2014
Re: Intergovernmental Agreement between the Town of Avon and Eagle County,
Colorado Concerning the Avon to Eagle Vail Recreational Trail Project
SUMMARY:
This proposed Intergovernmental Agreement (IGA) is to replace a previous IGA between the
Town of Avon and Eagle County regarding the Eagle Valley Trail project in Avon and Eagle-
Vail that expired in December 2013. The Town of Avon and Eagle County have been working
on completing the Eagle Valley Trail through Avon and Eagle-Vail since 2011 and have
obtained several grants that will contribute to the construction costs of the project.
The IGA provides $573,000 in funding from Eagle County for the Trail. To date, Eagle County
has paid $100,000 to the Town for design and engineering of the trail.
Two segments have been completed, one from the I-70 Eagle-Vail interchange to Post Blvd
and the second from Post Blvd. to Stonebridge Drive.
A third segment has been divided into four phases:
Phase 1: Avon Road to US6, includes a bridge over the Eagle River, and is under
construction. The section is funded with a GOCO grant and Town matching funds.
Phase 2: From Avon Road, the trail travels east parallel to US 6 with a bridge over Beaver
Creek. Eagle County funds will pay for this phase in the amount of $422,000, including lights
along this segment. The remaining funds of $51,000 will be applied to Phase 3.
Phase 3: Beaver Creek to Eaglebend Apartment’s western driveway. In addition to the
balance of County monies, this section is funded with a CDOT grant, and Town matching
funds.
Phase 4: The last segment from Eaglebend Apartment’s driveway to Stonebridge Drive is
estimated to cost approximately $1,600,000 and is not funded in the IGA. Town Staff is
currently soliciting additional funding from Colorado Department of Transportation and
other funding sources with the goal of constructing the trail in 2015 or 2016.
IGA Eagle Valley Trail
August 7, 2014 Page 2 of 2
The IGA includes the funding summary for all four phases.
RECOMMENDED MOTION:
Staff requests Council approval, by motion and vote, of the Intergovernmental Agreement
between the Town of Avon and Eagle County, Colorado Concerning the Avon to Eagle-Vail
Recreational Trail Project.
The IGA is scheduled for the August 19, 2014 Board of County Commissioners meeting for
approval.
Attachment A
Intergovernmental Agreement between the Town of Avon and Eagle County, Colorado,
Concerning the Avon to Eagle-Vail Recreational Trail Project
ATTACHMENT A
1
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE TOWN OF AVON AND EAGLE COUNTY, COLORADO
CONCERNING THE AVON TO EAGLE-VAIL RECREATIONAL TRAIL PROJECT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into by and
between The Town of Avon, a Colorado municipal corporation (hereinafter “Town”) and Eagle
County, a body corporate and politic of the state of Colorado (hereinafter “County”).
Collectively the Town and County shall be referred to as the “Parties”. This Agreement is
entered into and is effective on the ____ day of ___________, 2014.
RECITALS
WHEREAS, C.R.S. 29-20-101et.seq. encourages intergovernmental agreements through which
local governments cooperate and participate in joint projects; and
WHEREAS, the Town and County have been working cooperatively to plan for a phased
recreation and transportation public trail project from Avon to Eagle-Vail (collectively, the
“Project”); and
WHEREAS, County and Town entered into an Intergovernmental Agreement dated April 19,
2011 for purposes of shared design, engineering and construction of the Project (the “Original
IGA”); and
WHEREAS, the Town and County jointly applied for grants from Great Outdoors Colorado and
the Colorado Department of Transportation (collectively hereinafter “State”) for the design and
construction of the Project, and additionally committed separate funds for the Project; and
WHEREAS, said grants (“State Grants”) have been awarded to the Town for purposes of design
and construction of the portion of the Project located within Town boundaries between Avon
Road and Stonebridge Road (hereinafter the “Town Project”) and Town has contracted with the
State for such funding; and
Whereas, County has completed the portions of the Project located in the Eagle-Vail
unincorporated area; and Town is currently planning the design and construction of the Town
Project; and
WHEREAS, pursuant to the Original IGA, County has expended $116,000 on Town’s behalf for
surveying, design and studies for the Town Project; and
ATTACHMENT A
2
WHEREAS, $53,000 in County funds remain from sums committed by the County in the
Original IGA, plus $520,000 in additional funds approved by the County as part of the 2014
ECO Trails Department budget, for a total of $573,000 in County funds available for the Town
Project; and
WHEREAS, pursuant to the Original IGA, the Town committed the sum of $430,000 for the
Project, all of which is available for use for the Town Project; and
WHEREAS, the Original IGA expired on December 31, 2013; and
WHEREAS, the Parties desire to honor their funding commitments as set forth in the Original
IGA, and further desire to enter into a second Intergovernmental Agreement to define the
additional grant of County funds for the Town Project and to define the respective roles and
responsibilities of the Parties.
AGREEMENT
NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the
Parties agree as follows:
1. SCOPE AND DESCRIPTION OF THE TOWN PROJECT
1.1 The Town Project is generally depicted on Exhibit A entitled “Eagle Valley Avon Road
to Stonebridge Road”, which Exhibit is attached hereto and incorporated herein by reference.
The Town Project location is generally described as commencing at Hurd Lane in Avon and
being constructed to the east with an ending point at Stonebridge Road. The Town Project is
planned for land situated within the Town boundaries.
1.2 The Town Project, as presented to County as a funding request in 2011 and 2013, and as
reviewed by County’s advisory Eagle Valley Trails Committee (“ECO Trails”) and Eagle
County Regional Transportation Authority Board, consists of:
a. One trail bridge over the Eagle River;
b. One trail bridge over Beaver Creek;
c. A nine to ten foot wide asphalt paved trail;
d. Necessary retaining walls with safety railing; and
e. Drainage, signs and other customary trail construction appurtenances.
1.3 The Town Project will be built in compliance with the standards as adopted by the Town
in the 2001 Eagle Valley Regional Trails Plan and current Colorado Department of
Transportation Specifications for highway and multi-use path construction.
ATTACHMENT A
3
1.4 Town will by solely responsible for the management and administration of the
construction contract for the Town Project. County shall have no construction responsibilities or
role in the construction, other than advisory.
2. PROJECT FUNDING
2.1 The Town Project construction costs will be funded with Town, County and State Grant
funds as identified below and as agreed to in the Original IGA and in State Grant applications
and contracts. Total funding for the Town Project is set forth below:
Great Outdoors Colorado $497,000
Colorado Department of Transportation $653,000
Eagle County $573,000
Town of Avon $430,000
Total Town Project Joint Funding $2,153,000
2.2 Town will seek reimbursement from County on a monthly basis for design and
construction costs for the Town Project by submitting to County invoices in a form to be agreed
to by County and Town with sufficient detail for County finance department and auditors.
County’s reimbursement to Town shall not exceed the County approved funds for the Town
Project as set forth in Paragraph 2.1 of this Agreement.
2.3 Town shall have discretion as to allocation of the County funds for design and
construction of the Town Project, if the Town Project is divided into phases for purposes of
administration and grant funding requirements.
2.4 This Agreement represents the total of funds available for the Town Project, and the
Town agrees that it shall work in good faith to complete the Town Project as described above in
Section 1.2.
2.5 Town will receive and administer all State Grants for the design and construction of the
Town Project. Town will be the responsible, lead party on both State Grants and shall act as the
lead agency for all reporting and processing as may be required by the State.
2.6 Notwithstanding anything to the contrary contained in this Agreement, no charges shall
be made to either party nor shall any payment be made in excess of the amount for any work
done in respect of any period after December 31of the calendar year of the term of this
Agreement, without the written approval in accordance with a budget adopted by the Board of
County Commissioners or Town Council in compliance with the provisions of Article 25, Title
30 of the Colorado Revised Statutes, Local Government Budget Law (C.R.S. 29-1-101 et. seq.
and Tabor Amendment (Colorado Constitution, Article X, Sec. 20).
ATTACHMENT A
4
3. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION
3.1 Town shall be solely responsible for the design, construction, management and
maintenance of the Town Project. Town will own the trail located within Town boundaries
between Avon Road and Stonebridge Road.
3.2 Town agrees that, upon completion of the Town Project, it shall maintain the Town
Project, including but not limited to, sweeping the trail which is part of the Town Project (the
‘Trail”) monthly from April through November, plowing snow from the Trail regularly,
inspecting the Trail monthly, clearing vegetation from within two feet of Trail edges and
providing 10 foot overhead clearance, controlling weeds, cleaning culverts as needed, emptying
trash containers and removing trash from ground adjacent to the Trail, repainting pavement
markings on the Trail as needed, repairing asphalt cracks, holes, shoulder erosion, signs,
furniture and other Trail accessories as needed. The Town shall be solely responsible for all
bridge inspections and repairs.
3.3 Town grants the County access over those portions of the Town Project owned by it so
that County can reach its portion of adjacent trail segments for maintenance purposes. This
paragraph shall survive termination of this Agreement.
4. ACCOUNTING AND REPORTING COST OF ASSETS
4.1 Each party shall maintain for a minimum of three years, adequate financial records for
reporting to the other on the performance of responsibilities hereunder. Each party shall be
subject to audit by state, county or town auditors or their designees. Each party authorizes the
other to perform audits or to make inspections during normal business hours, upon 48 hours’
notice. Each party shall fully cooperate in the event of an audit or inspection.
5. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY
5.1 Indemnity. To the extent permitted by law, each party shall indemnify, defend
and hold harmless the other including its, agents, officers, servants and employees of and
from any and all loss, costs, damage, injury, liability, claims, liens demands, action and
causes of action whatsoever, including attorney fees, arising out of or related to its
negligent acts or omissions.
5.2 Insurance. The County and the Town shall each provide their own public
liability, property damage, and errors and omissions insurance coverage as each party
may deem adequate and necessary for any potential liability arising from this
Agreement.
ATTACHMENT A
5
5.3 No Waiver of Governmental Immunity. Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that may be
available by law to either party, its officials, employees, contractors,' or agents, or any
other person acting on behalf of either party and, in particular, governmental immunity
afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24,
Article 10, Part 1 of the Colorado Revised Statutes.
6. TERM AND TERMINATION
6.1 This Agreement will be effective as of the day and year first set forth above and
will terminate on December 31, 2014. This Agreement shall automatically renew for one
year terms (December 31 of each succeeding year) until December 31, 2017 unless
earlier terminated as set forth herein.
6.2 If either party fails to substantially perform the duties and obligations in
accordance herewith, the other party may terminate this Agreement upon seven (7) days
written notice to that party, unless that party cures the breach within the seven (7) day
remedy period. Either party may terminate this Agreement without cause upon thirty
(30) days written notice. Not later than 60 days prior to the January 1, 2014,
representatives of the parties shall meet to consider necessary or desirable changes in the
terms of this Agreement, if any.
6.3 Notwithstanding the foregoing, neither party may terminate this Agreement with
respect the Project as a whole or any phase, if such termination would cause a violation
of the terms of a grant agreement. In the event of termination, the Parties will pay
amounts due and owing for work satisfactorily performed to the date of termination and
will close out grants in accordance with their terms.
7. MISCELLANEOUS
7.1 Notices And Payments. All notices, bills and payments shall be made in writing
and may be given by personal delivery or by mail. Notices, bills, payments sent by mail
should be addressed as follows:
Eagle County
Attn: Ellie Caryl
P.O. Box 1070
Gypsum, CO 81637 Hand deliver: 3289 Cooley Mesa Road, Gypsum
Phone: 970-328-3523
ATTACHMENT A
6
Town of Avon
Attn: Justin Hildreth
P.O. Box 975
Avon, CO 81620 Hand deliver: One Lake Street, Avon
Phone: 970-748-4114
7.2 Modification. This Agreement contains the entire agreement between the parties,
and no agreement shall be effective to change, modify, or terminate in whole or in part
unless such agreement is in writing and duly signed by the party against whom
enforcement of such change, modification, or termination is sought.
7.3 No Third Party Beneficiaries. Nothing contained in this Agreement is intended
to or shall create a contractual relationship with, cause of action in favor of, or claim for
relief for, any third party, including any agent, sub-consultant or sub-contractor of Town
or County. Absolutely no third party beneficiaries are intended by this Agreement.
7.4 No Assignment. Neither party shall assign this Agreement without the prior
written consent of the other. Either party may terminate this Agreement if the other
assigns this Agreement without the prior written consent of the other.
7.5 Jurisdiction And Venue. This Agreement shall be interpreted in accordance
with the laws of the state of Colorado and the Parties agree to submit to the jurisdiction
of the courts thereof. Venue shall be in the Eagle County District Court.
7.6 Invalidity. Invalidity or unenforceability of any provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be construed as if
such invalid or unenforceable provision was omitted.
7.7 Compliance With Law. Each party shall comply with all applicable federal,
state and local rules, regulations and laws.
IN WITNESS WHEREOF, Each party, by signature below of its authorized
representative, hereby acknowledges that it has read this Agreement, understands it and
agrees to be bound by its terms and conditions.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
ATTACHMENT A
7
EAGLE COUNTY, COLORADO By and through its Board of County
Commissioners
By:____________________________ Jillian H. Ryan, Chairman
Attest:
By: _______________________
Teak Simonton, County Clerk
TOWN OF AVON
By: _____________________
Rich Carroll, Mayor
Attest:
By:____________________
Debbie Hoppe, Town Clerk
ATTACHMENT A
8
EXHIBIT A
Town Project
Eagle Valley Avon Road to Stonebridge Road
TOWN COUNCIL REPORT
T o: Honorable Mayor Rich Carroll and Avon Town Council
From: Justin Hildreth, P.E., Town Engineer
Date: August 7, 2014
Re: PUBLIC HEARING, Second Reading of Ordinance 14-11 Deed of Easement for a
Parcel of Land, PE-1 and PE-2, Located at Lot 1, Riverside, Town of Avon,
Colorado for the Purpose of Constructing the Eagle Valley Trail
SUMMARY:
Eaglebend Housing Corp. owns the property on the north side US 6, which is adjacent to
Phases 3 and 4 of Eagle Valley Trail (EVT) proposed to be constructed next year. Phase 3
extends from Beaver Creek to the driveway of Eaglebend Housing Corp. and Phase 4 extends
from the driveway to Stonebridge Dr., the current terminus of the EVT. These two phases
will complete the EVT through the mid-valley region from Eagle-Vail to Edwards. The Town
of Avon will be responsible for maintenance of the trail.
The EVT will encroach onto property owned by the Eaglebend Housing Corp. in two locations
to accommodate the trail, a storm sewer extension and fill to support the trail. The
Eaglebend Housing Corp. has agreed to donate an easement for the construction of phases 3
and 4 of the Eagle Valley trail tentatively scheduled to be constructed in 2015. This section of
the EVT is partially funded with a Colorado of Transportation grant in the amount of
$653,000 and as a result acquiring these easements has followed the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act and all relevant regulations
promulgated thereto, and Colorado Revised Statues 24-56-101 through 121.
RECOMMENDED MOTION:
Staff requests Council approve the on Second Reading, Ordinance 14-11, Deed of Easement
for a Parcel of Land, PE-1 and PE-2, located at Lot 1, Riverside, Town of Avon, Colorado, for
the Purpose of Constructing the Eagle Valley Trail.
Attachment A
Ordinance 14-11 Deed of Easement for a Parcel of Land, PE-1 and PE-2, Located at Lot 1,
Riverside, Town of Avon, Colorado for the Purpose of Constructing the Eagle Valley Trail
Ord. No 14-11 Accepting Easement for Eagle Valley Trail August 12, 2014 Page 1 of 3
TOWN OF AVON ORDINANCE 14-11
SERIES of 2014
AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, PE-1 AND PE-2, LOCATED AT LOT 1, RIVERSIDE, TOWN OF AVON, COLORADO FOR THE PURPOSE OF
CONSTRUCTING THE EAGLE VALLEY TRAIL
WHEREAS, the Town Council has previously directed, authorized, and budgeted for acquisition
of easements required for the Eagle Valley Trail;
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may
acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire and hold real property;
WHEREAS, the Town Council finds that acquisition of this Deed of Easement from the Eagle
Bend Affordable Housing Corporation complies with and implements the Avon Comprehensive
Plan, including Goal G. Parks, Recreation and Open Space, Goal G1 “Provide an exceptional system of . . . trails . . to serve the year-round leisure-time needs of area residents and visitors . .
. ;” Policy G1.2 “The Town will continue to evaluate and acquire . . . easements for . . . trails
and recreation . . . ;” Policy G1.3 “The Town’s recreational trail system will integrate with the
regional trail system . . . ;”; and, Policy G1.5 “The Town will coordinate with Eagle County . . . . in providing access and linkage opportunities . . . ;”
WHEREAS, the Town Council finds that acquisition of the Deed of Easement attached hereto
shall promote the health, safety and general welfare of the Avon community by allowing
improvements to the Eagle Valley Trail that enhance bicycle and pedestrian safety; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding 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 this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Deed of Easement Approved. The attached Deed of Easement for a Parcel of
land, PE-1 and PE-2, located at Lot 1, Riverside, Town of Avon, Eagle County, Colorado, is hereby approved and accepted.
Ord. No 14-11 Accepting Easement for Eagle Valley Trail August 12, 2014 Page 2 of 3
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute documents related to all documents approved in this
Ordinance and take such other actions as may be reasonably necessary to implement the actions
in this Ordinance, including but not limited to designating the order of recording of such documents and executing other necessary and customary documents at closing which have been
reviewed and approved by the Town Attorney. The Mayor, Town Clerk and Town Attorney
may collectively review and approve the completion of documents, correction of typos,
grammatical errors, cross-reference errors, and revisions which do not alter the substantive terms
of any of the documents approved in this Ordinance. Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Section 7. 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.
[Signature page follows]
Ord. No 14-11 Accepting Easement for Eagle Valley Trail August 12, 2014 Page 3 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 12,
2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 15, 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 six 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 August 12, 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
1
DEED OF EASEMENT
THIS DEED OF EASEMENT (“Easement Deed”) is made this _____ day of _______,
2014 between EAGLEBEND AFFORDABLE HOUSING CORP., a Colorado Corporation
(“Owner”), whose address is ____________________, Colorado __________ and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620.
WITNESSETH:
1. That for and in consideration of the covenants and agreements herein set forth, the sum of Ten
Dollars ($10.00), and other good and valuable consideration in hand paid by the Town to the
Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants,
sells and conveys to the Town, its successors and assigns, an exclusive perpetual easement and
right-of-way (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, Eagle Valley Trail improvements, including all underground, surface and streetscape appurtenances thereto, and to improve and maintain a
suitable slope or grade, together with a right-of-way for access on, along, and in all of the
hereinafter described Easement across those certain lands which are situate in the Town of Avon,
County of Eagle, State of Colorado, such lands and easement area being described more fully on as PE-1 and PE-2 in EXHIBIT A attached hereto and by this reference made a part hereof.
2. The Owner further grants to the Town:
(a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any improvements, slopes and grades, or other structures constructed hereunder with any
other number or type of utility facilities, slopes and grades, or other structures either in
the original location or at any alternate location or locations within the Easement;
provided that such enlargement, improvement, reconstruction, relocation and replacement
as aforesaid shall not interfere with any reasonable use Owner shall make of the Easement.
(b) the right to mark the location of the Easement by suitable markers set in the ground;
provided that permanent markers shall be placed in locations which will not interfere
with any reasonable use Owner shall make of the Easement.
3. Owner reserves the right to use the Easement area for purposes which will not interfere with
Town’s full enjoyment of the rights hereby granted upon written request to the Town. The
parties further agree that the Owner’s use of the Easement area shall be subject to the following
restrictions and conditions:
ATTACHMENT A
2
(a) Owner shall not erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the
ground level, or allow the installation of utilities not already in place, in the Easement
area without obtaining the specific written permission of the Town, which permission
shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would impair or in any way modify the earth cover
over, or the lateral, or subjacent support for the aforementioned improvements and
appurtenances within the Easement area without obtaining the specific written permission
of the Town, which permission shall not be unreasonably withheld, conditioned or delayed.
(c) Owners shall take no action nor shall otherwise permit any activity, event, or permanent
or temporary structure which interferes with the movement of pedestrian, non-motorized
or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and other lawful purposes within the Easement area in which the Town may use right-of-ways generally.
(d) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or
by any person in privy with it, such violation shall be corrected and eliminated immediately upon receipt of notice from Town, and, in the alternative, Town shall have the right to correct and eliminate such violation, and the Owner, or its successors and
assigns, shall promptly pay the reasonable and actual cost thereof.
(e) Owner agrees to defend and hold harmless the Town for any damages or claims arising from Owner’s activities within the Easement area.
4. Town agrees that plans for construction of any improvements within the area of the Easement
will be provided to Owner prior to commencement of construction. Town agrees to hold Owner
harmless from any damages caused by negligent acts of the Town during construction, operation and maintenance improvements, and for any damages or claims arising from Town’s activities within the Easement area. Except as otherwise provided herein, nothing in this Easement shall
be construed to waive, limit, or otherwise modify any governmental immunity that may be
available by law to the Town, its officials, employees, contractors, or agents, or any other person
acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents,
contractors or representatives shall dispose of, generate, manufacture, release or store
environmentally hazardous substances on or about the Easement area.
ATTACHMENT A
3
5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement area to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the
event the Easement area or the balance of Owner’s property becomes subject to any such Liens
directly or indirectly through the action or inaction of the Town, its employees, agents,
contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Deed, at law, or equity.
6. The Town shall insure the Easement area and include the same in its commercial general
liability policies, which policies shall be maintained in commercially reasonable amounts. Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually.
7. The parties agree that neither party has made or authorized any agreement with respect to this
Easement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto.
8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and
with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these presentments, Owner is well seized of the Easement above conveyed, has good and marketable title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as aforesaid, subject to any easements, liens, claims,
reservations, covenants, conditions and restrictions of public record or which are obvious from a
physical inspection of the Easement area. Owner further agrees that Owner shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Town, its heirs and assigns, against all and every person or persons
lawfully claiming by and through Owner.
7. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective
heirs, personal representatives, successors and assigns.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
ATTACHMENT A
4
IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written.
_________________________________
A Colorado ____________ By:____________________________
Its:____________________________
STATE OF _____________________________ } } ss. COUNTY OF ___________________________ }
Subscribed and sworn to before me this _______ day of ___________, 2014, by
_________________ as [Title]. Witness my hand and official seal. My commission expires:__________
__________________________
Notary Public
ATTACHMENT A
5
TOWN OF AVON BY:
_____________________________ Rich Carroll, Mayor ATTEST:
________________________ Debbie Hoppe, Town Clerk
STATE OF COLORADO }
} ss. COUNTY OF EAGLE }
The foregoing document was subscribed and sworn to before me this ________
day of ______, 2014, by Rich Carroll as Mayor and Debbie Hoppe as Town Clerk of the Town
of Avon. Witness my hand and seal. My commission expires:_____________
_________________________
Notary Public
ATTACHMENT A
6
EXHIBIT “A”
TOWN COUNCIL REPORT
T o: Honorable Mayor Rich Carroll and Avon Town Council
From: Justin Hildreth, P.E., Town Engineer
Date: July 9, 2014
Re: Ordinance 14-12 Deed of Easement for a Parcel of Land, Located at Lot 2,
Riverside and Lot 1, Eagle River at Avon, Town of Avon, Colorado for the Purpose
of Constructing the Eagle Valley Trail
SUMMARY:
Vail Corp. owns the property at the corner of US 6 and Avon Road, commonly referred to as
the Red House, and is adjacent to Phases 1, 2 and 3 of the Eagle Valley Trail (EVT). Phase 1
Extends from Hurd Lane over the Eagle River to US 6, Phase 2 extends from US 6 over Beaver
Creek and phase 3 extends from Beaver Creek to the driveway of Eaglebend Housing Corp.
These phases along with a future phase 4 will complete the EVT through the mid-valley
region from Eagle-Vail to Edwards.
Phases 2 and 3 of the EVT will encroach onto property owned by the Vail Corp. which has
agreed to donate an easement for the construction the trail. Construction is tentatively
scheduled for this fall for phase 2 and 2015 for phase 3. Phase 3 is partially funded with a
Colorado of Transportation grant in the amount of $653,000 and as a result the Town
complied with the federal Uniform Relocation Assistance and Real Property Acquisition
Policies Act and all relevant regulations promulgated thereto, and Colorado Revised Statues
24-56-101 through 121 when acquiring the easement.
RECOMMENDED MOTION:
Staff requests Council approve on Second Reading Ordinance 14-12, Deed of Easement for a
Parcel of Land, located at Lot 2, Riverside, and Lot 1, Eagle River at Avon, Town of Avon,
Colorado, for the Purpose of Constructing the Eagle Valley Trail.
Attachment A
Ordinance 14-12 Deed of Easement for a Parcel of Land, Located at Lot 2, Riverside, and Lot
1, Eagle River at Avon, Town of Avon, Colorado for the Purpose of Constructing the Eagle
Valley Trail.
Ord. No 14-12 Accepting Easement for Eagle Valley Trail from Vail June 15, 2014 Page 1 of 3
TOWN OF AVON ORDINANCE 14-12
SERIES of 2014
AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, LOCATED AT LOT 2, RIVERSIDE AND LOT 1 EAGLE RIVER AT AVON, TOWN OF AVON, COLORADO FOR THE
PURPOSE OF CONSTRUCTING THE EAGLE VALLEY TRAIL
WHEREAS, the Town Council has previously directed, authorized, and budgeted for acquisition
of easements required for the Eagle Valley Trail;
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may
acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire and hold real property;
WHEREAS, the Town Council finds that acquisition of this Deed of Easement from The Vail
Corporation complies with and implements the Avon Comprehensive Plan, including Goal G. Parks, Recreation and Open Space, Goal G1 “Provide an exceptional system of . . . trails . . to serve the year-round leisure-time needs of area residents and visitors . . . ;” Policy G1.2 “The
Town will continue to evaluate and acquire . . . easements for . . . trails and recreation . . . ;”
Policy G1.3 “The Town’s recreational trail system will integrate with the regional trail system . .
. ;”; and, Policy G1.5 “The Town will coordinate with Eagle County . . . . in providing access and linkage opportunities . . . ;”
WHEREAS, the Town Council finds that acquisition of the Deed of Easement attached hereto
shall promote the health, safety and general welfare of the Avon community by allowing
improvements to the Eagle Valley Trail that enhance bicycle and pedestrian safety; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding 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 this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Deed of Easement Approved. The attached Deed of Easement for a Parcel of
land located at Lot 2, Riverside and Lot 1, Eagle River at Avon, Town of Avon, Eagle County, Colorado, is hereby approved and accepted.
Ord. No 14-12 Accepting Easement for Eagle Valley Trail from Vail June 15, 2014 Page 2 of 3
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute documents related to all documents approved in this
Ordinance and take such other actions as may be reasonably necessary to implement the actions
in this Ordinance, including but not limited to designating the order of recording of such documents and executing other necessary and customary documents at closing which have been
reviewed and approved by the Town Attorney. The Mayor, Town Clerk and Town Attorney
may collectively review and approve the completion of documents, correction of typos,
grammatical errors, cross-reference errors, and revisions which do not alter the substantive terms
of any of the documents approved in this Ordinance. Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained.
Section 7. 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.
[Signature page follows]
Ord. No 14-12 Accepting Easement for Eagle Valley Trail from Vail June 15, 2014 Page 3 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 12,
2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 15, 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 six 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 August 12, 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
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DEED OF EASEMENT
THIS DEED OF EASEMENT (this “Agreement”) is made this _____ day of _______, 20___
between THE VAIL CORPORATION, a Colorado corporation (“Vail”), whose address is 390 Interlocken Crescent, Broomfield, Colorado 80021 and the TOWN OF AVON, a Colorado home
rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620.
RECITALS
A. Vail is the owner of certain real property located within the Town of Avon, Eagle
County, Colorado, identified as Lot 1, Eagle River at Avon and Lot 2 Riverside located on the
southeast corner of Highway 6 and Avon Road (the “Vail Property”).
B. Town desires to construct public recreation path improvements to the Eagle River
Trail, located along the perimeter of the Vail Property, as generally shown on Exhibit A, attached hereto and made part hereof, including all underground, surface and streetscape appurtenances
(the “Improvements”).
C. Town requests and the Vail agrees to enter into an easement agreement on the
Vail Property, subject to and based upon the terms and conditions set forth herein.
AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Vail and
the Town hereby acknowledge and agree as follows: 1. Grant. Vail hereby grants and conveys to the Town a non-exclusive perpetual
easement (“Easement”) to install, operate, maintain, repair, reconstruct, replace, inspect and
remove, at any time and from time to time, the Improvements, together with access to and over a
portion of the Vail Property shown on Exhibit A (the “Easement Area”) for the purpose of Town providing a recreation path accessible by the general public.
2. Limitations and Reservation of Rights. Vail reserves the right to use the Easement
Area for purposes which will not materially interfere with Town’s full enjoyment of the rights in
this Agreement, including, but are not necessarily limited to, the following:
(a) Vail shall not erect or construct any building or other structure, or drill or
operate any well, or construct any permanent obstruction, or subtract from or add substantially to
the ground level in the Easement Area without obtaining the specific written permission of the
Town, which permission shall not be unreasonably withheld, delayed or conditioned;
(b) Vail shall take no action which would permanently impair or in any way
permanently modify the surface of, or the lateral or subjacent support for, the aforementioned
improvements and appurtenances within the Easement Area without obtaining the specific
2
written permission of the Town, which permission shall not be unreasonably withheld, delayed
or conditioned.
(c) Notwithstanding the foregoing, Vail reserves the right to place utilities and/or to construct improvements within the Easement Area not inconsistent with the use of the Easement and Vail agrees at its own expense to restore the Easement Area to its prior condition
in the event of the disturbance of the Easement Area. Further, Town hereby grants to Vail the
same rights, upon the same conditions, as are contained herein, on other portions of the
recreation path not on Vail’s property provided Vail obtains and provides to Town the written permission of the Vail of the property involved.
(d) Vail further reserves the right to temporarily or permanently relocate the
Easement to a new location reasonably acceptable to the Town in association with the
improvement of the Vail Property. Any such relocation shall be at the expense of Vail and shall include replacement of the Improvements with improvements of similar condition and quality. Any interruption of use of the Easement by the public shall be kept to a minimum.
(e) The Town covenants that neither it nor its employees, agents, contractors
or representatives shall dispose of, generate, manufacture, release or store environmentally
hazardous substances on or about the Easement Area. Vail disclaims any responsibility for any environmental impact on or adjacent to the Easement Area arising from the construction and use of the Easement.
(f) Nothing herein shall preclude or limit the Vail’s ability to construct
improvements on the Vail Property, including, but not limited to, temporary closures of the
Improvements during construction, if necessary, and access to or from the Vail Property. 3. Liability. Vail shall not be liable for any loss, injury, death or damage to any person
or personal property which may arise from the use or condition of the recreation path including,
but not limited to loss, injury, death or damages resulting from ice, water, rain, snow, gas,
electrical wires, fire or theft.
4. Indemnification. To the extent permitted by law, Town agrees to indemnify, defend
and hold harmless Vail, its designees, agents, employees, officers, directors, shareholders,
successors and assigns, the Easement and the Vail Property (including, without limitation, claims
made directly by the Town) from and against any and all claims, causes of action, costs, damages, expenses and liabilities (including, without limitation, reasonable legal fees) arising
from or related to use of the Easement, and/or the Vail Property by (i) the Town, its designees,
agents, employees, officers, directors, shareholders, successors and assigns, (ii) the general
public or (iii) by any person acting through or on behalf of the Town (collectively, the “Town
Permittees”), arising from or related to any negligent acts or omissions, intentional misconduct and any mechanic's or materialmen's liens caused or permitted by the Town or the Town
Permittees in connection with the Easement and/or the Vail Property or otherwise arising under
this Agreement, except those caused by the willful misconduct or gross negligence of Vail or its
designees, agents, employees, officers, directors, shareholders, successors or assigns.
3
5. Mechanic’s Liens. The Town, its employees, agents, contractors and
representatives, shall be prohibited from taking any action or omission that subjects the
Easement area to liens of any kind, including, but not limited to, construction, mechanic’s or
materialmen’s liens (collectively, “Liens”). In the event the Easement area or the balance of Vail’s property becomes subject to any such Liens directly or indirectly through the action or
inaction of the Town, its employees, agents, contractors, or representatives, the Town shall
discharge and bond off any such Liens within five (5) days of the imposition of any such Liens,
and the failure to do so shall permit Vail to pursue all of its rights and remedies under this
Agreement, at law, or equity.
6. Statutory Basis. The parties agree that this Agreement is entered into in accordance
with the provisions of Colorado Revised Statutes §§ 33-41-101 et. Seq..
7. Insurance. The Town agrees to cause Vail to be an additional insured on its
commercial general liability insurance for bodily injuries or death of persons or property damage
occurring in or about the Easement granted to it pursuant to this Agreement. All such insurance shall (a) generally cover the liability and indemnity obligations assumed by the Town under this Agreement; (b) be primary and noncontributing with any insurance which may be carried by the
other party; and (c) provide that said insurance shall not be cancelled or coverage changed unless
thirty (30) days' prior written notice shall have been given to Vail. The Town shall furnish Vail
with a certificate or certificates evidencing that the required insurance policies are in full force upon written request.
8. Commencement of Construction. In the event that the Town does not commence
construction on the Improvements by July 1, 2015, this Agreement shall automatically terminate
and be null and void. In such event, the Town shall, at its sole cost and expense, prepare and
execute such reasonable documentation that Vail deems necessary or appropriate to effect such reversion in a form and content acceptable to Vail which document shall thereafter be recorded in the real property records of Eagle County, Colorado.
9. Notices. All notices and other communications required or permitted under this
Agreement shall be in writing and shall be personally delivered or sent by certified mail, return
receipt requested, postage prepaid. Any such notice or other communication shall be effective when such notice is delivered to the addresses set forth below:
If to Vail:
The Vail Corporation
Attn: Director of Land Development 137 Benchmark Road P.O. 959
Avon, Colorado 81620
Email: bkennedy@vailresorts.com
With a copy to:
The Vail Corporation
4
Attn: Real Estate Counsel
390 Interlocken Crescent
Mailstop I-88
Broomfield, Colorado 80021 Email: legalnotices@vailresorts.com
If to Avon:
The Town of Avon
Attn: Virginia Egger Town Manager P.O. Box 975
Avon, CO 81620
Telephone: 970-748-4452
Email: vegger@avon.org
With a copy to:
Eric J. Heil, Esq., A.I.C.P.
P.O. Box 975 Avon, CO 81620 Telephone: 303-975-6120
Email: eheil@avon.org
10. Miscellaneous.
(a) Amendment. Modification. No provision or term of this Agreement may be
amended, modified, revoked, supplemented, waived, or otherwise changed except by a written
instrument duly executed by the parties hereto.
(b) Entire Agreement. This Agreement constitutes and incorporates the entire agreement among the parties hereto concerning the subject matter of this Agreement and supersedes
any prior agreements concerning the subject matter hereof.
(c) Severability. If any provision of this Agreement shall be held invalid,
illegal, or unenforceable in any jurisdiction, the validity, legality, and enforceability of the
remaining provisions of this Agreement shall not be impaired thereby; nor shall the validity, legality, or enforceability of any such defective provisions be in any way affected or impaired in any
other jurisdiction
(d) Assignment. This Agreement is not assignable by the Town without the
prior written approval of Vail.
(e) Third-Party Beneficiaries. Except as provided herein, the agreements contained herein are solely for the benefit of the parties hereto and no other person or entity shall be
a third party beneficiary thereof.
5
(f) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
(g) Authorization. Each party is authorized and empowered to execute this
Agreement and all necessary corporate action has been taken to authorize execution of this Agreement.
(h) Execution. The parties shall execute and deliver such further documents as
may be reasonably required in order to effectuate the intent of this Agreement.
(i) Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to constitute an original; provided, however, that this Agreement will not become binding upon any party unless and until executed (whether or not in counterpart) by all the parties.
(j) Recording. This Agreement shall be recorded with the Clerk and Recorder
for the County of Eagle, State of Colorado.
(k) Run with the Land; Successors and Assigns. The terms and provisions of this Agreement shall run with the Vail Property and title to the Vail Property and be binding upon and inure to the benefit of the successors and assigns of Vail. Subject to the provisions of contained
herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Town.
(l) Exhibits. All exhibits attached to this Agreement are incorporated herein by this reference and made a part hereof.
(m) Provisions Incorporated in Deeds. Each provision contained in this
Agreement shall be deemed incorporated in each deed or other instrument by which any right, title
or interest in any of the Vail Property is granted, devised or conveyed, whether or not set forth or
referred to in such deed or other instrument.
[Remainder of page intentionally left blank]
[Signatures on following pages]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective
as of the date first written above.
VAIL: THE VAIL CORPORATION, a Colorado corporation
By: ____________________________ Name: Alex Iskenderian Title: Senior Vice President & COO - VRDC
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ________ day of ______________, 20___, by Alex Iskenderian as Senior Vice President & COO - VRDC of
The Vail Corporation, a Colorado corporation.
My commission expires:___________________ Witness my hand and official seal.
_________________________
Notary Public
[Town signature on following page]
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TOWN:
TOWN OF AVON
By:_____________________________ Rich Carroll, Mayor
ATTEST:
________________________ Debbie Hoppe, Town Clerk
STATE OF COLORADO } } ss.
COUNTY OF EAGLE }
The foregoing document was subscribed and sworn to before me this ________ day of ______, 20___, by Rich Carroll as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon.
Witness my hand and seal. My commission expires:_____________
_________________________ Notary Public
[End of signatures]
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Justin Hildreth, Town Engineer
Date: August 7, 2014
Re: Resolution 14-16 Approving the Third Supplemental Water Lease Agreement with the Upper
Eagle Regional Water Authority to include the Wyndham Development
BACKGROUND
In 2005, the Town of Avon and the Upper Eagle Regional Water Authority (UERWA) updated the Water Lease
Agreement in which Avon leases its water rights to UERWA in exchange for the UERWA providing water
service to Avon. The current lease allows for UERWA to serve 5,254.55 single family equivalents (SFE) of
domestic water service in Avon. For reference, a SFE is based on the expected water use of a 3,000 SF home.
The SFE’s are allocated throughout Avon on a lot by lot basis based on the zoning when the lot was originally
platted. Any increase in density from the original zoning requires the applicant to obtain the required water
rights to serve the development.
In February of 2013, Town Council approved the Development Agreement and Zoning application for the
Wyndham Development located at 75 W. Benchmark Road. As part of the application, the applicant was
required to obtain additional water rights to serve the development since the development required more
water rights than originally allocated to the parcel. The primary method of obtaining additional water rights in
Avon is to purchase them as cash-lieu from the UERWA.
The applicant completed and documented the purchase; however the Water Authority during a review of its
documents found the Town did not sign the Third Supplemental Water Lease Agreement, an action requiring
Town Council approval. The attached Third Amendment to the Water Lease is attached, and increases the
SFE’s the UERWA is required to serve in Avon from 5,254.55 to 5,276.75. The First and Second Amendments
were for the Riverfront PUD and the Eagle River at Avon (aka Red House) annexation, respectively.
The Wyndham Hotel is under construction and is expected to be completed around December 2014.
MOTION: Staff recommends approval by motion and vote of Resolution 14-16 Approving the Third
Supplemental Water Lease Agreement with the Upper Eagle Regional Water Authority.
Res. No. 14-16 Approving Third Supplemental Water Lease August 12, 2014 FINAL Page 1 of 2
TOWN OF AVON RESOLUTION NO. 14-16
SERIES OF 2014
A RESOLUTION APPROVING A THIRD SUPPLEMENTAL WATER LEASE AGREEMENT WITH THE UPPER EAGLE RIVER WATER AUTHORITY
WHEREAS, the Upper Eagle River Water Authority (“Authority”) is a quasi-municipal corporation established pursuant to an Intergovernmental Agreement dated September 18, 1984,
among the Arrowhead Metropolitan District, the Town of Avon as successor to the Avon
Metropolitan District (“Avon”), the Beaver Creek Metropolitan District, the Berry Creek
Metropolitan District, the Eagle-Vail Metropolitan District, and the Edwards Metropolitan
District (collectively the “Member Districts”), and the Authority is the owner or lessee of the water rights and facilities that provide water service by contract to existing and projected
developments within the service area of its Member Districts; and
WHEREAS, pursuant to the Amended and Restated Water Lease dated effective as of
January 1, 1998, between the Authority and the Town, the Town leased to the Authority certain water and water rights, ditches and ditch rights, wells and groundwater rights, springs and spring
rights, and reservoirs and storage rights described as an undivided 77.7% interest in the water
rights described on Exhibit A attached to the Restated Water Lease; and
WHEREAS, pursuant to the Supplemental Water Lease dated July 14, 2005, the Town leased to the Authority the remaining 22.3% undivided interest in and to the subject water rights
and the Supplemental Water Lease states that the entire interest in the subject water rights leased
to the Authority by virtue of the Restated Water Lease and the Supplemental Water Lease are
adequate to replace depletions associated with lake evaporation (42.30 acre feet), non-potable
irrigation in the amount of 19.58 acre feet, and potable water service for up to 4,984 equivalent residential units single family equivalents (SFE); and
WHEREAS, pursuant to the Supplemental Water Lease dated June 25, 2009, the Authority
agreed to increase the number of SFE’s that it will serve within the town by 255.55 to account
for additional water requirements of the Confluence Project, increasing the total service from 4,984 SFE’s to 5,239.55 SFE’s; and
WHEREAS, pursuant to the Second Supplemental Water Lease dated January 26th, 2010,
the Authority agreed to increase the number of SFE’s that it will serve within the town by 15
SFEs to account for additional water requirements of the Eagle River at Avon Project, increasing the total service from 5,239.55 SFEs to 5,254.55 SFE’s; and WHEREAS, subsequent to the Second Supplemental Water Lease, the Authority and
Wyndham Worldwide Vacation Ownership. (the “Company”) entered into that certain Water
Service Agreement dated April 8, 2013, whereby the Company sought water service for property in the Town known as the Wyndham development which at full build out will consist of 58 SFE; and therefore the Authority agreed to service these 58 SFEs at the Wyndham development from
Res. No. 14-16 Approving Third Supplemental Water Lease August 12, 2014 FINAL Page 2 of 2
35.8 SFEs under the Town’s water lease agreement with UERWA and 22.2 SFE’s owned by the
Authority for which cash-in-lieu fees were paid provided certain contingencies were met,
including the dedication of certain water rights to the Authority; and
WHEREAS, the contingencies contemplated in the Water Service Agreement have been
satisfied, and as a result, the Authority and the Town desire to enter into this Agreement whereby
the Authority agrees to increase the number of SFEs that it will serve in the Town by 22.2, to a
total of 5,276.75 SFEs; and
WHEREAS, the Town and the Company entered into an Development Agreement dated
February 26, 2013, under which the Company was obligated to dedicate and convey to the
Authority certain water rights, and said agreement contemplated that should the Authority fail to
provide water service to the Wyndham development for any reason, the water rights dedicated to
the Authority shall be assigned by the Authority to the Town; and
WHEREAS, it is the intent and purpose of this Third Supplemental Water Service
Agreement to increase the maximum number of SFEs to which the Authority will provide water
service within the Town from 5,254.55 SFEs to 5,276.75 SFEs, and insure that the dedicated
water rights for the Wyndham development are assigned to the Town in the event the Authority (or any successor entity) fails to provide water service to the Wyndham development.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, that the THIRD SUPPLEMENTAL WATER LEASE AGREEMENT
WITH THE UPPER EAGLE RIVER WATER AUTHORITY as hereto attached as Exhibit A is hereby approved by the Town of Avon.
ADOPTED AND APPROVED by the Avon Town Council on August 12, 2014.
BY:________________________________ Attest:___________________________
Rich Carroll, Mayor Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: August 6, 2014
Re: 2014 Supplemental Budget Amendment Resolution No. 2014-17
Introduction
Action before Council is a recommended Supplemental Amendment to the General Fund to
appropriate funds from the Special Events and AWSC Assigned Fund Balances as well as from the
Unencumbered Fund Balance. The proposed budget revisions and the estimated impact to the
General Fund are as follows:
Appropriations from Special Events Assigned Fund Balance:
• $50,000 for the 2015 Winter Wonder Grass producer fee; approved by Council on July 15,
2014
• $7,500 for the Man of the Cliff – Attachment A - Man of the Cliff Funding Appropriation
Appropriations from 2015 Alpine World Ski Championships Assigned Fund Balance:
• $70,000 for Après Avon – Attachment B - Après Avon Funding Appropriation 2015
Appropriations from Unassigned Fund Balance:
• $4,000 for an irrigation back flow preventer that must be moved to meet ERWSD
guidelines for the Post Blvd. and US Hwy 6 roundabout irrigation system.
• $4,000 for banners and other decorative needs to support Après Avon, AWSC, and
seasonal special events
The net result of the above changes to the current net source (use) of funds increases the
current year deficit by ($135,500) to ($288,231). This reduces the 2014 ending fund balance to
$4,565,017 from $4,700,517.
The General Fund Stabilization Balance is decreased by ($41,875) to a total of $573,953. This
amount represents the unassigned fund balance in excess of the required 25% minimum reserve.
Recommendation:
Staff recommends that Council adopt Resolution 14-17, Series of 2014, a Resolution Amending the
Town of Avon 2014 General Fund, as presented.
Attachments:
1. Attachment A - Man of the Cliff Event Funding Request
2. Attachment B - Après Avon Funding Appropriation 2015
3. Resolution 2014-17
4. General Fund Supplemental Amendment No. 2
ATTACHMENT A
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Susan Fairweather, Director of Economic Initiatives
Date: August 12, 2014
Re: Man of the Cliff Event Funding Request
BACKGROUND
In early April, 2014 Town Council requested that staff begin working with Man of the Cliff (MOTC) event
producers Adam and Amada Williams to successfully transition the event to a new venue in Nottingham Park
from its previous location in Red Cliff. While Avon did not solicit the event venue change, the producers desire
growing the event and felt that Avon would offer the perfect setting to successfully do so. Avon identified the
event as an opportunity to diversify its event offerings and found the event to be unique in attributes with
growth potential.
Man of the Cliff is a weekend event scheduled for September 27 th-28th and is best described as an amateur
lumberjack meets highland games meets strongman competition which caters to the “weekend lumberjack”,
with men and women who, for a couple days, enjoy the fun of events such as axe throwing, archery, keg toss,
speed chopping, spear throwing, caber toss and sledge hammer throwing. The events are customized to allow
men and women of all sizes to compete and focus more on finesse than strength. With the move to
Nottingham Park, children’s activities will be added offerings at the event. All proceeds from MOTC benefit
First Descents, which provides outdoor adventures for 19 – 38 year olds recovering from cancer.
The Town Manager and the event producers entered into an agreement for production at Nottingham Park, on
July 10, 2014, with $5,000 of in-kind services.
Producer Funding Request – In addition to in-kind support, the producers were asked by the Town Manager to
evaluate how best to transition from a lively parking lot event to a more full scale event with surrounding
residential properties in a multi-use setting and offered, subject to Council approval, support for these
initiatives. The table below summarizes the producers’ request for transitional funding for the September
launch, in the amount of $7,500.
Man of the Cliff 2014 Funding Request
Event signage (bridge banner, decorative tear drop banners at
entrances/event areas, light pole banner on Avon Road (up to 10), etc.)
$3,500
General event design and appeal (hay bales, picnic tables, scrim for
stadium fencing, whiskey/wine barrels, etc.)
$2000
Fund additional activities for spectators (mechanical bull, additional
demonstration – wood carving, ice carving, etc, kids activities)
$2000
Producer Request $7,500
Recommended Appropriation $7,500
Page 2
Flavors of Colorado Phase III Event Concept Report and Funding Request
Staff Funding Recommendation & General Fund Supplemental Amendment :
Staff has reviewed the production budget and finds the 2014 appropriation amount suitable. Staff and
producers have a good relationship and will work in concert for use of the monies, including more
funding for event design and setting elements and less for activities, for example as detail on
expenditures are provided.
Resolution 14-17 on Tuesday’s agenda for the General Fund Budget Supplemental Amendment
appropriates $7,500 from the Special Events Assigned Fund Balance to the Special Events Program
expenditures, in the Parks and Recreation Department. The Special Event Assigned Fund Balance will
have a balance of $44,114, after the appropriation.
No action other than approval of Resolution 14-17 is required for this funding request.
ATTACHMENT B
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Susan Fairweather, Director of Economic Initiatives
Date: August 12, 2014
Re: Après Avon Funding Appropriation 2015
BACKGROUND
In summer 2013, the Town issued a Request for Qualifications (RFQ) for the production of three festivals,
including the 2015 Alpine World Ski Championships festival, now named Après Avon. Producer responsibilities
included talent, marketing, venue production and permitting.
Two producers were found to be qualified to produce the event; however, only one producer was able to
commit to the production during the requested time period. The Town Manager signed a Professional Services
Agreement with Scotty Stoughton, principal of Bonfire Entertainment, to design and produce Après Avon. Mr.
Stoughton is the producer of Winter Wonder Grass that made its debut in Avon in February, 2014. As detailed in
the Professional Services Agreement, Mr. Stoughton will be paid a professional fee of $40,000.00 for the design
and production of Après Avon.
With the eyes of the world on the 2015 Alpine World Ski Championships, Après Avon, one of the three major
venues for the 2015 AWSC, will provide Avon the opportunity to elevate the town brand by creating a unique
visitor experience following the races each day for 13 days. Billed as “A Daily Street Fair of Music, Tastings
&Spontaneity” the event will be held from 2:00pm – 5:30 pm, February 3 – 15 in the Avon Town core, allowing
easy access for festival goers. In addition, a Video Stadium will provide live and playback coverage of the races
each day. Guests coming down from Beaver Creek on the Westin gondola will easily see and be attracted to the
event designed to have an intimate but lively feel with residents, tourists and volunteers experiencing music
from well-known and up and coming artists, athlete appearance and signing with Olympic Gold Medalist
Mikaela Shiffrin , performance art throughout the venue, food vendors, beverage and alcohol tents,
appearances by the 2015 AWSC mascots and cheerleaders, a 2015 volunteer hospitality area and other visual
elements in the venue. The Vail Valley Foundation and Town staffs are actively working on solicitation of
potential sponsors for placement and activation within Après Avon.
The Town Council established in the General Fund an Assigned Fund Balance of $200,000 for the development
and production of Après Avon. Production costs, including music, tents and daily entertainment activities were
included in the reserve. Included in the approved May 17, 2014, General Fund Supplemental Budget
Amendment, the Assigned Fund Balance recognized an appropriation by the Council of $42,300 for Après Avon
design and production costs and $1,840 for co-op advertising in June, 2014.
As the event nears, costs associated with executing Après Avon, including deposits for bands, hotels, tents,
equipment and other event related expenses will be incurred. It is estimated that $70,000 will be paid in pre-
event expenditures to assure the successful execution of Après Avon.
Page 2
Après Avon Appropriation Request 2014
Producer Funding Request - The table below summarizes the estimated expenditures for the production of
Après Avon in 2014. Wherever possible, costs have been reduced by reserving and only paying for deposits in
advance. The funding request from Mr. Stoughton is to cover these expenses.
BUDGET ESTIMATES FOR EXPENDITURES IN 2014
AND RECOMMENDED APPROPRIATION
Estimated 2014 Expenses for Après Avon
Hotel Deposits $5,000
Talent including bands/performance art/artists $10,000
Site Ops - Prepay on services and infrastructure $20,000
Production expenses – backline, stage, etc. $25,000
Advertising $1,860
Subtotal $61, 860
Contingency funds – unforeseen event related expenses in 2014 $8,140
Producer Request $70,000
Recommended Appropriation $70,000
Staff Funding Recommendation & General Fund Supplemental Amendment Staff has reviewed the
production budget in detail and finds the 2014 appropriation amount suitable. Resolution 14-17 on
Tuesday’s agenda for the General Fund Budget Supplemental Amendment appropriates $70,000 from the
2015 AWSC Assigned Fund Balance to the line item Special Events, in the Parks Department. The 2015
AWSC Assigned Fund Balance will have $87,700 remaining after the appropriation to be carried over into
2015 for the remaining production expenses for Après Avon.
No action other than approval of Resolution 14-17 is required for this funding request.
Town of Avon
Resolution No. 14-17 Page 1 of 2
TOWN OF AVON, COLORADO RESOLUTION NO. 14-17
SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2014 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2014 budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for all operating funds for 2014; and
WHEREAS, the Town Council finds it necessary to amend the 2014 budget to more accurately reflect the revenues and expenditures for 2014; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2014:
Original or
Previously
Amended
2014 Budget
Current
Proposed
Amended
2014 Budget General Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 4,853,248
13,242,295
13,395,026
$ 4,853,248
13,242,295
13,530,526
Ending Fund Balance $ 4,700,517
$ 4,565,017
Town of Avon
Resolution No. 14-17 Page 2 of 2
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the
Mayor and made part of the public record of the Town.
ADOPTED this 12th day of August, 2014.
TOWN OF AVON, COLORADO
______________________________ Richard Carroll, Mayor
ATTEST:
_____________________________ Debbie Hoppe
Town Clerk
Page 1
Fund Summary
Original or Proposed
Prev. Amend.Revised Difference
Actual Budget Budget Increase
2013 2014 2014 (Decrease)
REVENUES
Taxes 9,590,230$ 10,138,185$ 10,138,185$ -$
Licenses and Permits 336,548 172,500 172,500 -
Intergovernmental 905,213 964,199 964,199 -
Charges for Services 1,321,078 1,326,446 1,326,446 -
Fines and Forfeitures 104,736 110,275 110,275 -
Investment Earnings 5,413 15,000 15,000 -
Other Revenue 309,085 308,569 308,569 -
Total Operating Revenues 12,572,303 13,035,174 13,035,174 -
Other Sources
Capital Lease Proceeds 26,367 - - -
Sales of Capital Assets 1,151 - - -
Transfer-In From Capital Projects Fund 201,006 207,121 207,121 -
Total Other Sources 228,524 207,121 207,121 -
TOTAL REVENUES 12,800,827$ 13,242,295$ 13,242,295$ -$
EXPENDITURES
General Government 2,593,954$ 2,999,824$ 2,999,824$ -$
Community Development 536,483 484,448 484,448 -
Public Safety 2,539,475 2,739,674 2,739,674 -
Public Works 1,571,764 1,597,224 1,597,224 -
Parks and Recreation 3,328,177 3,791,356 3,926,856 135,500
Total Operating Expenditures 10,569,853 11,612,526 11,748,026 135,500
Contingency - 62,500 62,500 -
Other Uses
Transfers-Out to Town Center West Fund 15,000 45,000 45,000 -
Transfers-Out to Capital Projects Fund - 700,000 700,000 -
Transfers-Out to Transit 776,000 825,000 825,000 -
Transfers-Out to Fleet Maintenance 150,000 150,000 150,000 -
Total Other Uses 941,000 1,720,000 1,720,000 -
TOTAL EXPENDITURES 11,510,853 13,395,026 13,530,526 135,500
NET SOURCE (USE) OF FUNDS 1,289,974 (152,731) (288,231) (135,500)
FUND BALANCES, Beginning of Year 3,563,274 4,853,248 4,853,248 -
FUND BALANCES, End of Year 4,853,248$ 4,700,517$ 4,565,017$ (135,500)$
FUND BALANCES:
Nonspendable 7,442$ -$ -$ -
Restricted For:
3% TABOR Emergency Reserve 476,619 476,619 476,619 -
Assigned For:
Special Events - 101,614 44,114 (57,500)
2015 Alpine World Ski Championships - 157,700 87,700 (70,000)
Unassigned:
25% Minimum Reserve Balance 2,877,713 3,348,757 3,382,632 33,875
Stabilitzation Balance 1,491,474 615,828 573,953 (41,875)
TOTAL FUND BALANCES 4,853,248$ 4,700,517$ 4,565,017$ (135,500)$
General Fund #10 Supplemental Amendment No. 2
Page 2
Original or Proposed
Prev. Amend.Revised Difference
Account Actual Budget Budget Increase
Number Description 2013 2014 2014 (Decrease)
Taxes:
51101 General Property Tax 1,614,841$ 1,475,738$ 1,475,738$ -$
51102 General Property Tax - Delinquent Collections 654 500 500 -
51103 General Property Tax - Interest 2,748 1,000 1,000 -
51104 General Property Tax - Abatements (554) - - -
51201 Specific Ownership Tax 96,850 100,000 100,000 -
51301 Sales Tax 6,361,068 6,505,668 6,505,668 -
51302 Utility Tax 110,474 110,000 110,000 -
51303 Accommodation Tax 888,867 915,279 915,279 -
51304 Penalties and Interest 13,066 15,000 15,000 -
51305 Sales Tax Audit Assessments - 5,000 5,000 -
51307 VAA Retail Sales Fee 118,622 625,000 625,000 -
51402 Franchise Fees 383,594 385,000 385,000 -
51000 Total Taxes 9,590,230 10,138,185 10,138,185 -
Licenses and Permits:
52101 Liquor Licenses 5,956 10,000 10,000 -
52102 Business Licenses 21,075 23,000 23,000 -
52103 Contractor's Licenses 12,310 10,500 10,500 -
52201 Building Permits 273,878 107,900 107,900 -
52205 Road Cut Permits 22,989 21,000 21,000 -
52206 Other Licenses and Permits 340 100 100 -
52000 Total Licenses and Permits 336,548 172,500 172,500 -
Intergovernmental:
Federal Grants:
53106 Click It or Ticket 4,400 5,000 5,000 -
53107 Ballistic Vests 1,765 1,400 1,400 -
State Grants
53204 LEAF Grant 5,558 22,000 22,000 -
53206 High Visibility Grant 17,570 14,000 14,000 -
Local Government/Other Agency
53402 Eagle County- Trail Safety and Repair 9,157 - - -
53900 Eagle River Youth Coalition 2,532 8,500 8,500 -
Subtotal: Grants 40,982 50,900 50,900 -
Revenue Detail
General Fund #10
Supplemental Amendment No. 2
Page 3
Original or Proposed
Prev. Amend.Revised Difference
Account Actual Budget Budget Increase
Number Description 2013 2014 2014 (Decrease)
Revenue Detail
General Fund #10
Supplemental Amendment No. 2
State/County Shared Revenue:
53301 Conservation Trust 69,084 65,000 65,000 -
53302 Motor Vehicle Registration 23,423 22,000 22,000 -
53303 Highway User's Tax 183,176 187,615 187,615 -
53304 Cigarette Tax 41,234 47,000 47,000 -
53305 County Sales Tax 395,913 435,684 435,684 -
53306 Road & Bridge Fund 150,413 153,000 153,000 -
53308 State Severance Tax 988 3,000 3,000 -
Subtotal: Shared Revenue 864,231 913,299 913,299 -
53000 Total Intergovernmental 905,213 964,199 964,199 -
Charges for Services:
General Government:
54101 Sales of Map and Publications - 100 100 -
54102 Photocopying Charges 441 300 300 -
54103 License Hearing Fees 125 100 100 -
54104 Other Fees and Charges 2,775 1,250 1,250 -
54201 Plan Check Fees 175,575 58,100 58,100 -
54202 Subdivision Review Fees 154 1,000 1,000 -
54203 Design Review Fees 18,516 20,000 20,000 -
54204 Animal Control Fees 1,110 1,000 1,000 -
54205 Abatement Services - 5,500 5,500 -
54206 Fire Impact Fee Administration Fees 4,973 2,500 2,500 -
54301 Police Reports 442 600 600 -
54302 Police Extra Duty 17,044 12,600 12,600 -
54303 Fingerprinting Fees 6,140 4,000 4,000 -
54304 VIN Inspection Fees 13,280 12,500 12,500 -
54305 False Alarm Fees/Misc Police Dept Fees 2,040 4,500 4,500 -
54306 National Night Out 675 500 500 -
54399 DUI Reimbursement 13,474 3,000 3,000 -
Subtotal: General Govern.256,764 127,550 127,550 -
Recreation Facility:
54601 Admission Fees 741,394 802,226 802,226 -
54602 Program Fees 39,665 40,000 40,000 -
54603 Rentals 40,894 40,000 40,000 -
54604 Merchandise Sales 11,813 16,000 16,000 -
54605 Childcare 7,357 9,000 9,000 -
54606 Rec Center Services 11,767 15,000 15,000 -
54607 Fitness Program Revenues 51,041 40,000 40,000 -
Page 4
Original or Proposed
Prev. Amend.Revised Difference
Account Actual Budget Budget Increase
Number Description 2013 2014 2014 (Decrease)
Revenue Detail
General Fund #10
Supplemental Amendment No. 2
Other Recreation:
54651 Adult Program Revenues 7,792 12,000 12,000 -
54652 Cabin Equipment Rentals 1,223 28,000 28,000 -
54653 Athletic Field Rentals 5,339 5,000 5,000 -
54654 Cabin Concessions 65 5,000 5,000 -
54655 Youth Program Revenues 93,327 109,000 109,000 -
54676 Sponsorships 43,500 44,250 44,250 -
54678 Event Fees 9,137 15,750 15,750 -
54679 Special Event Admission Fees - 17,670 17,670 -
Subtotal: Recreation 1,064,314 1,198,896 1,198,896 -
54000 Total Charges for Services 1,321,078 1,326,446 1,326,446 -
Fines and Forfeitures:
55101 Court Fines - Traffic 54,720 60,000 60,000 -
55102 Court Fines - Criminal 24,695 25,000 25,000 -
55103 Court Fines - Parking 6,728 5,000 5,000 -
55105 Court Costs 8,842 10,000 10,000 -
55106 Jury Fees - 150 150 -
55107 Bond Forfeitures 200 500 500 -
55109 Miscellaneous Court Revenues - 100 100 -
55110 Police Training Surcharge 8,276 8,250 8,250 -
55120 Police Forfeiture Revenue 1,275 1,275 1,275 -
55000 Total Fines and Forfeitures 104,736 110,275 110,275 -
Investment Earnings:
57101 Interest 5,413 15,000 15,000 -
57000 Total Investment Earnings 5,413 15,000 15,000 -
Other Revenues:
58101 Recreational Amenity Fees 214,315 214,450 214,450 -
58109 Bond Issuance Fees 10,410 10,100 10,100 -
58201 Lease of Town-Owned Property 23,363 44,019 44,019 -
58999 Miscellaneous Nonclassified Revenues 60,997 40,000 40,000 -
58000 Total Other Revenues 309,085 308,569 308,569 -
50000 TOTAL REVENUES 12,572,303$ 13,035,174$ 13,035,174$ -$
Page 5
Department Expenditure Summaries
Original or Proposed
Prev. Amend.Revised Difference
Dept./Div.Actual Budget Budget Increase
Number Description 2013 2014 2014 (Decrease)
General Government:
Legislative:
111 Mayor and Town Council 194,852$ 571,920$ 571,920$ -$
112 Boards and Commissions 13,016 15,299 15,299 -
113 Town Attorney 243,784 155,000 155,000 -
Total Legislative 451,652 742,219 742,219 -
Judicial:
121 Municipal Court 116,180 98,234 98,234 -
Administration:
115 Town Clerk 97,903 153,927 153,927 -
131 Town Manager 260,449 294,403 294,403 -
132 Human Resources 274,043 229,806 229,806 -
133 Community Relations 95,917 111,569 111,569 -
149 Nondepartmental 335,428 290,998 290,998 -
Total Administration 1,063,740 1,080,703 1,080,703 -
Finance Department:
141 Finance 665,504 741,373 741,373 -
143 Information Systems 296,878 337,295 337,295 -
Total Financial Administration 962,382 1,078,668 1,078,668 -
Total General Government 2,593,954 2,999,824 2,999,824 -
Community Development:
211 Administration 38,518 - - -
212 Planning 213,097 245,491 245,491 -
213 Building Inspection 117,543 127,352 127,352 -
214 Economic Development 167,325 111,605 111,605 -
Total Community Development 536,483 484,448 484,448 -
Police Department:
311 Administration 516,491 553,700 553,700 -
312 Patrol 1,914,017 1,964,020 1,964,020 -
313 Investigations 108,967 221,954 221,954 -
Total Police 2,539,475 2,739,674 2,739,674 -
General Fund #10
Supplemental Amendment No. 2
Page 6
Department Expenditure Summaries
Original or Proposed
Prev. Amend.Revised Difference
Dept./Div.Actual Budget Budget Increase
Number Description 2013 2014 2014 (Decrease)
General Fund #10
Supplemental Amendment No. 2
Public Works:
412 Engineering 205,328 219,708 219,708 -
413 Road and Bridge 1,366,436 1,377,516 1,377,516 -
Total Public Works 1,571,764 1,597,224 1,597,224 -
Parks and Recreation:
513 Special Events 335,468 434,105 565,605 131,500
514 Administration 233,674 223,114 223,114 -
515 Adult Programs 22,424 28,656 28,656 -
516 Aquatics 441,310 394,408 394,408 -
517 Childcare 32,178 36,487 36,487 -
518 Fitness 142,393 158,236 158,236 -
519 Front Desk 197,999 235,050 235,050 -
521 Youth Programs 111,272 118,979 118,979 -
522 Cabin 5,673 43,643 43,643 -
551 Parks and Grounds 866,344 1,065,324 1,069,324 4,000
571 Buildings and Facilities 939,442 1,053,354 1,053,354 -
Total Recreation and Culture 3,328,177 3,791,356 3,926,856 135,500
TOTAL OPERATING
EXPENDITURES 10,569,853$ 11,612,526$ 11,748,026$ 135,500$
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Virginia C. Egger, Town Manager
Date: August 7, 2014
Re: ACTION TO APPROPRIATE $37,125 FOR CONSTRUCTION OF THE 2.15 MILE WILD WEST TRAIL FROM
THE UNENCUMBERED FUND BALANCE OF THE CAPITAL IMPROVEMENT FUND
BACKGROUND
At Town Council’s April 22, 2014, meeting, the Council reviewed a proposal to construct a number of multi-use
hiking and biking trails in the West Avon Preserve. From the meeting, Council took subsequent action and
approved approximately five miles of trails for construction by Momentum Trails as “machine built”. These
trails have been constructed over the last two months. In the April meeting, a hand built trail, Masher, was
identified for construction by ECHO volunteers this September and the Wild West Ridge Trail was planned for
construction in 2015 with monies planned from a grant application and Town matching funds. It was also
anticipated that funding might be provided from the Singletree Property Owners Association (SPOA) and Berry
Creek Metro District (BCMD).
With the opportunity to complete all the machine built trails planned for the West Avon Preserve, Mayor Rich
Carroll is requesting that the Wild West Ridge Trail be considered for funding and construction in October of
this year. This is a multi-use unidirectional 2.15 mile trail located at the western end of the Preserve, and is
designed as a destination mountain bike riding trail with banked turns, jumps, rollers and incredible views.
Momentum would be able to commence construction on or about October 1st and estimates, with good
weather, completion in 30 - 45 days. If weather impedes full construction, the company would return next
spring to complete the work. Total cost for the trail is $37,125.
MOTION: If Council would like to proceed with fall construction, an appropriate motion would be to amend the
Momentum Trails’ construction agreement to include the Wild West Ridge Trail at a cost of $37,125, with
funding from the Capital Projects Fund Unencumbered Fund Balance, net of any contributions from outside
agencies.
If approved, the Capital Projects Fund Balance will be approximately $2,005, 700, without contributions. A
budget amendment will be scheduled for the September 23, 2014, meeting.
Page 2
Res. No. 14-18 Reimbursement of Capital Expenditures
Page 1 of 4
RESOLUTION NO. 14-18
A RESOLUTION OF THE TOWN OF AVON, COLORADO,
EXPRESSING THE INTENT OF THE TOWN TO BE
REIMBURSED FOR CERTAIN EXPENSES RELATING TO
CERTAIN CAPITAL EXPENDITURES.
WHEREAS, the Town of Avon, Colorado (“Town”) is a legal and regularly created,
established, organized and existing municipal corporation under the provisions of Article XX of
the Constitution of the State of Colorado and the Charter; and
WHEREAS, the members of the Town Council of the Town (“Council”) have been duly
elected and qualified; and
WHEREAS, it is the current intent of the Town to make certain capital expenditures for the
construction of the Nottingham Park Pavilion, including a central stage, a remodeled pump
house, multi-level decks, green room, plaza, relocation of certain existing park amenities,
landscaping and other related necessary improvements (“Project”); and
WHEREAS, the Council has determined that it is in the best interest of the Town to finance
the Project through one of the following: (i) by the issuance of bonds; (ii) by the execution and
delivery of a lease purchase agreement; or (iii) by any other means legally available to the Town
(“Financing”); and
WHEREAS, the Council has determined that it is necessary to make capital expenditures in
connection with the Project prior to the time that the Town arranges for the specific financing of
the Project; and
WHEREAS, it is the Council’s reasonable expectation that when such Financing occurs, the
capital expenditures will be reimbursed with the proceeds of the Financing; and
WHEREAS, in order to comply with the provisions of the Internal Revenue Code of 1986,
as amended (“Code”), it is the Council’s desire that this resolution (“Resolution”) shall constitute
the “official intent” of the Council to reimburse such capital expenditures within the meaning of
Treasury Regulation §1.150-2.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. All action (not inconsistent with the provisions of this Resolution) heretofore
taken by the Council and the officers, employees and agents of the Town directed toward the
Financing is hereby ratified, approved and confirmed.
Res. No. 14-18 Reimbursement of Capital Expenditures
Page 2 of 4
Section 2. The Town intends to finance approximately $2,100,000 to pay the costs of the
Project, including the reimbursement of certain costs incurred by the Town prior to the receipt of
any proceeds of a financing, upon terms acceptable to the Town, as authorized in an ordinance to
be hereafter adopted and to take all further action which is necessary or desirable in connection
therewith.
Section 3. The officers, employees and agents of the Town shall take all action necessary or
reasonably required to carry out, give effect to and consummate the transactions contemplated
hereby and shall take all action necessary or desirable to finance the Project and to otherwise
carry out the transactions contemplated by the resolution.
Section 4. The Town shall not use reimbursed moneys for purposes prohibited by Treasury
Regulation §1.150-2(h).
Section 5. This Resolution is intended to be a declaration of “official intent” to reimburse
expenditures within the meaning of Treasury Regulation §1.150-2
Section 6. If any section, paragraph, clause or provision of this Resolution shall for any
reason be held invalid or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the remaining provisions of this resolution.
Section 7. All acts, orders and resolutions of the Council, and parts thereof, inconsistent with
this Resolution shall be, and the same hereby are, repealed to the extent only of such
inconsistency. This repealer shall not be construed to revive any act, order or resolution, or part
thereof, heretofore repealed.
Section 8. This Resolution shall be in full force and effect upon its passage and approval.
PASSED AND ADOPTED this August 12, 2014.
TOWN OF AVON, COLORADO
__________________________________________
Richard Carroll, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Debbie Hoppe, Town Clerk Eric Heil, Town Attorney
Res. No. 14-18 Reimbursement of Capital Expenditures
Page 3 of 4
STATE OF COLORADO )
) SS.
TOWN OF AVON )
I, Debbie Hoppe, the Town Clerk of the Town of Avon, Colorado, do hereby certify that:
1. The foregoing pages are a true and correct copy of a resolution (“Resolution”) passed and
adopted by the Town Council (“Council”) at a regular meeting held on August 12, 2014.
2. The Resolution was duly moved and seconded and the Resolution was adopted at the
meeting of August 12, 2014, by an affirmative vote of a majority of the members of the Council
as follows:
Name “Yes” “No” Absent Abstain
Rich Carroll
Jennie Fancher
David Dantas
Chris Evans
Matt Gennett
Buz Reynolds
Jake Wolf
3. The members of the Council were present at such meetings and voted on the passage of
such Resolution as set forth above.
4. The Resolution was approved and authenticated by the signature of the Mayor Pro Tem
of the City, sealed with the City seal, attested by the City Clerk and recorded in the minutes of
the Council.
5. There are no bylaws, rules or regulations of the Council that might prohibit the adoption
of said Resolution.
6. Notice of the meeting of August 12, 2014, in the form attached hereto as Exhibit A, was
posted at the Avon Town Hall, One Lake Street, Avon, Colorado, not less than twenty-four (24)
hours prior to the meeting in accordance with law.
WITNESS my hand and the seal of the Town affixed August 12, 2014.
____________________________________
Debbie Hoppe, Town Clerk
(SEAL)
Res. No. 14-18 Reimbursement of Capital Expenditures
Page 4 of 4
EXHIBIT A
(Attach Form of Notice of Meeting)
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Debbie Hoppe, Town Clerk
Date: August 6, 2014
Agenda Topic: Action on IGA with Eagle County Concerning Administration and Conduct of
November 4, 2014 General Mail Ballot Election
The attached Intergovernmental Agreement sets forth the administration and conduct of the November
4, 2014, Coordinated Mail Ballot Election. If the Town Council approves the IGA, the ballot will include
Councilors (4 seats) and Council may add a bond issue question, such as for the Recreation Center
Expansion. The IGA must be submitted to the County at least 70 days before the election, as required by §
1-7-116(2), which is August 26, 2014 in order to participate.
The Town must certify any ballot question by September 5, 2014. Political subdivisions shall deliver the
full text of any required ballot issue notices to the County Clerk and Recorder in order to be included
in the issue mailing by September 23, 2014.
The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder
Teak Simonton. In my role as Town Clerk, I would serve as the designated election official and work with
the Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary
liaison between the Town and the County Clerk. This arrangement is outlined in the IGA, and the Town
Code Section 1.12.020.
The IGA addresses such items as follows:
Responsibilities of County Clerk and Political Subdivision Responsibilities: section details
responsibilities for both election officials
Costs: This Section estimates election costs on a prorated basis based primarily on the number of
ballot issues, active voters, and/or items to be included on the ballot for each political subdivision. On
average election costs have been around $2,500 with presidential elections typically see higher voter
turnout and related higher costs. The Town has budgeted $2,500 for the election.
Call and Notice: This section details who is responsible for the election publication
Ballot Certification: This section details the town’s role in submitting the ballot text to the county
Preparation of Voter Lists: This section details the exchange of the voter lists
Tabor Notice: This section details responsibility with regard to the Tabor notices
Street Locator List: This section details that the town is to provide an accurate street listing to the
county
Election Judges: This section details that the county manages the appointment and training of the
judges
Canvass of Votes: This section details the role of the county in the canvassing of the votes
Cancellation: This section details that the town will notify the county if the election is cancelled
There are several exhibits to the agreement including a timeline, street locator list and affidavit.
Recommended Motion:
If Council wishes to proceed with the IGA, approval is by motion and vote.
Attachment:
• Eagle County Intergovernmental Agreement for November 4, 2014 General Mail Ballot Election
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 22, 2014
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:20 p.m. A roll call was taken and Council members present
were Jake Wolf, Buz Reynolds, Matt Gennett, Jennie Fancher, Chris Evans, and Dave Dantas. Also present
were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Finance
Director/Assistant Town Manager Scott Wright and Town Clerk Debbie Hoppe as well as members from the
public.
2. APPROVAL OF AGENDA
Mayor Pro Tem Fancher asked to add item 3.2. Click It or Ticket. Council agreed to add the item.
3. PUBLIC COMMENT
3.1. DARIC HARVEY, CANDIDATE FOR EAGLE COUNTY SHERIFF
4. ACTION ITEMS
4.1. PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT WITH A REQUEST BY VAIL VALLEY
CHARITABLE FUND TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK AUGUST 2, 2014,
FOR THE BECTRI 2014 EVENT - EVENT MANAGER MICHELLE MALONEY
Mayor Carroll opened the Public Hearing, no comments were made. Mayor Carroll closed the Public
Hearing. Councilor Evans moved to approve the Amplified Sound Permit; Councilor Wolf seconded the
motion, and it was approved unanimously by those present.
4.2. PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT WITH A REQUEST BY VAIL VALLEY CHARITABLE
FUND TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK AUGUST 2, 2014, FOR THE BECTRI
2014 EVENT - EVENT MANAGER MICHELLE MALONEY
Mayor Carroll opened the Public Hearing, no comments were made. Mayor Carroll closed the Public
Hearing. Councilor Wolf moved to approve the Amplified Sound Permit; Mayor Pro Tem Fancher
seconded the motion, and it was approved unanimously by those present.
5. WORK SESSION
5.1. DISCUSSION OF PROCUREMENT POLICY AMENDMENTS IN REGARDS TO ELECTED OFFICIALS AND APPOINTED
PLANNING AND ZONING COMMISSION MEMBERS (COUNCILOR DAVE DANTAS)
Councilor Evans recused himself due to a conflict.
5.2. REVIEW OF TERM SHEET FOR NOTTINGHAM PARK PAVILION COP FINANCING
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
Councilor Evans recused himself due to a conflict.
5.3. BUDGET SCHEDULE (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 22, 2014
AVON TOWN HALL, ONE LAKE STREET
Page 2
6. ACTION ITEMS
6.1. PUBLIC HEARING ON APPEAL, IN ACCORDANCE WITH AVON MUNICIPAL CODE §7.16.160, APPEALS, FOR A
PZC DECISION TO DENY A MINOR DEVELOPMENT PLAN APPLICATION FOR 230 AND 245 CHAPEL PLACE, CHAPEL
SQUARE SUBDIVISION – HOFFMANN COMMERCIAL REAL ESTATE. (PLANNING MANAGER MATT PIELSTICKER)
Mayor Carroll opened the Public Hearing and the following commented: Wayne Hanson, Rainer Grengross
and Jeff Myers. Mayor Carroll closed the Public Hearing.
Councilor Wolf moved to meet in Executive Session at 7:19 p.m. 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 Hoffmann
Commercial Real Estate Minor Development Plan appeal; Mayor Pro Tem Fancher seconded the motion and
it passed unanimously by those present.
Councilor Evans moved to end Executive Session; Mayor Pro Tem Fancher seconded the motion and it
passed unanimously.
Executive Session adjourned at 7:53 p.m.
Mayor Pro Tem Fancher moved to continue action on appeal, in accordance with Avon Municipal Code
§7.16.160, Appeals, for a PZC Decision to deny a Minor Development Plan application for 230 and 245
Chapel Place, Chapel Square Subdivision until August 26, 2014 for more information on the overall
Master Plan of the Chapel Square Subdivision; Councilor Wolf seconded the motion. The motion passed
with a 4 to 3 vote. Councilor Dantas voted yes, Councilor Evans voted yes, Councilor Gennett voted no,
Councilor Reynolds voted no, Councilor Wolf voted no, Mayor Carroll voted yes.
6.2. PUBLIC HEARING SECOND READING OF ORDINANCE 14-13 ADOPTION APPROVING THE GRANT OF A
REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS ON
TOWN-OWNED RIGHT-OF-WAY AND PROPERTY AT CHRISTY SPORTS FOR DEVELOPMENT OF ADDITIONAL PUBLIC
PARKING (PLANNING MANAGER MATT PIELSTICKER)
Mayor Carroll opened the Public Hearing and the following commented: Jon White and Hugh O’Winter.
Councilor Dantas moved to continue until August 12, 2014, Ordinance 14-13 adoption approving the
Grant of a Revocable Encroachment License to install, Construct and Maintain Private Improvements
on Town-Owned Right-of-Way and Property at Christy Sports for Development of Additional Public
Parking; Councilor Gennett seconded the motion and it passed 6 to 1, with Councilor Wolf voting no.
6.3. FIRST READING OF ORDINANCE NO. 14-09, SERIES OF 2014, AN ORDINANCE AMENDING AVON MUNICIPAL
CODE SECTION 7.28.090(3)(V) BUILDING COLORS & SECTIONS 7.16.080 (D) & 7.16.090(D), PUBLIC HEARINGS
FOR DESIGN AND DEVELOPMENT REVIEW APPLICATIONS (TOWN PLANNER BRIAN GARNER)
Councilor Evans moved to approve Ordinance 14-09, Amending Avon Municipal Code Table 7.16-1 and
Amending Sections 7.16.080 (d) & 7.16.090(d), Public Hearing Requirements for Development Plan and
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 22, 2014
AVON TOWN HALL, ONE LAKE STREET
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Design Review Applications striking Section 5 regarding amendments to building materials and colors;
Councilor Reynolds seconded the motion, and it passed 6 to 1, with Councilor Wolf voting no.
6.4. NOTICE OF AWARD 2014 AVON ROAD LANDSCAPING IMPROVEMENTS (JUSTIN HILDRETH, TOWN ENGINEER)
Councilor Evans requested himself due to a conflict.
Councilor Mayor Pro Tem Fancher moved to approve the Second Option of the 2014 Avon Road
Landscaping Improvements, choosing to move forward with the pedestrian crossing flashing beacon
signs, the monument sign at Roundabout 3 and lighting, the 2015 monument at Roundabout 4 and the
variable message sign, with the dollar limit of $213,000; Councilor Gennett seconded the motion and it
unanimously by those present. (Councilor Evans recused himself due to a conflict.)
6.5. NOTICE OF AWARD TO RETAIN A CONTRACTOR FOR THE CONSTRUCTION OF THE NOTTINGHAM PAVILION STAGE
(TOWN ENGINEER JUSTIN HILDRETH)
Councilor Evans requested himself due to a conflict. Michael Cacioppo commented.
Councilor Wolf moved to retain Evans Chaffee Construction Group for the construction of the
Nottingham Pavilion Stage; Councilor Dantas seconded the motion and it passed 4 to 2, with Mayor
Carroll and Councilor Gennett voting no. (Councilor Evans recused himself due to a conflict.)
6.6. ACTION TO NOTICE EAGLE COUNTY CLERK OF TOWN PARTICIPATION IN NOVEMBER 4, 2014, COORDINATED
ELECTION, INCLUDING COUNCILOR ELECTIONS AND BALLOT QUESTION(S) [MAY BE RESCINDED IF NO BALLOT
QUESTION IS COMPLETED] (TOWN CLERK DEBBIE HOPPE)
Council Evans returned to meeting.
Councilor Gennett moved to approve Action to Notice Eagle County Clerk of Town Participation in
November 4, 2014, Coordinated Election, including Councilor Elections and Ballot Question(s);
Councilor Reynolds seconded the motion and it passed unanimously by those present.
6.7. ENGAGEMENT OF SPECIAL COUNSEL FOR THE REVIEW OF EAGLEBEND DOWD (KAYAK) BOND REFUNDING
(TOWN MANAGER VIRGINIA EGGER)
Councilor Gennett moved to approve the letter of Engagement of Special Counsel for the review of
EagleBend Dowd(Kayak) Bond Refunding; Councilor Wolf seconded the motion and it passed
unanimously by those present.
6.8. MINUTES FROM JULY 15, 2014 MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Wolf moved to approve the Minutes; Councilor Dantas seconded the motion and it passed
unanimously by those present.
7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8. COUNCIL COMMENTS
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY JULY 22, 2014
AVON TOWN HALL, ONE LAKE STREET
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9. MAYOR REPORT AND FUTURE AGENDA ITEMS
9.1 CHANNEL 5 BOARD & MARKETING
9.2. POSTMASTER UPDATE WITH DANTAS
9.3. CREATIVE DISTRICT UPDATE
10. WRITTEN REPORTS
4.3. HAHNEWALD BARN – UPDATE
4.4. FINANCIAL REPORT
11. ADJOURNMENT
There being no further business to come before the Council, the Regular Meeting adjourned at 10:00 pm.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________