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TC Council Packet 03-10-2015 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 10, 2015 REGULAR MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES REGULAR MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. PROCLAMATION NAMING THE WEEK OF MARCH 9TH AS SCOTTY STOUGHTON WEEK 5. CONSENT AGENDA 5.1. ACTION ON LETTER OF ENGAGEMENT RETAINING MOSES WITTEMYER, AND APPOINTMENT OF RICHARD MEHREN AND JAY MONTGOMERY AS SPECIAL WATER C OUNSEL (TOWN ATTORNEY ERIC HEIL) 5.2. MINUTES FROM FEBRUARY 20, 2015 RETREAT (TOWN CLERK DEBBIE HOPPE) 5.3. MINUTES FROM FEBRUARY 24, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) 6. ACTION ITEMS 6.1. PUBLIC HEARING ON RESOLUTION NO. 15-04, APPROVING A MINOR PUD AMENDMENT FOR LOTS 38 & 39, BLOCK 4, WILDRIDGE SUBDIVISION (TOWN PLANNER BRIAN GARNER) 6.2. ACTION ON REQUEST BY BROOKSIDE FOR ASSISTANCE WITH WATER RIGHTS PURCHASE COSTS (TOWN ENGINEER JUSTIN HILDRETH) 6.3. RESOLUTION 15-06, APPROVING THE FOURTH SUPPLEMENTAL WATER SERVICE AGREEMENT WITH THE UPPER EAGLE REGIONAL WATER AUTHORITY (TOWN ENGINEER, JUSTIN HILDRETH) 6.4. ACTION ON REQUEST FOR CALENDAR DATES AND FUNDING FOR THE MAN OF THE CLIFF FESTIVAL ON OCTOBER 10 - 11 IN NOTTINGHAM PARK AND ON THE PERFORMANCE PAVILION (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 6.5. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15-01, SERIES OF 2015, AN ORDINANCE REGARDING RETIREMENT BOARD COMPOSITION AND EMPLOYEE RETIREMENT PLANS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 6.6. FIRST READING OF ORDINANCE NO. 15-02, SERIES OF 2015, AN ORDINANCE AMENDING AVON MUNICIPAL CODE CHAPTERS 1.04 DEFINITIONS, 3.12 REAL ESTATE TRANSFER TAX, 5.04 BUSINESS LICENSES, AND 5.16 PEDDLERS AND SOLICITORS (TOWN ATTORNEY ERIC HEIL) _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 1 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MARCH 10, 2015 REGULAR MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET 7. WORK SESSION 7.1. DIRECTION TO TOWN STAFF REGARDING TERM SHEET FOR AN INTERGOVERNMENTAL AGREEMENT WITH THE EAGLE RIVER FIRE PROTECTION DISTRICT FOR A FUNDING PARTNERSHIP IN ACQUIRING LOT 1B FOR A JOINT POLICE AND FIRE PUBLIC SAFETY CENTER AND P ROCESS FOR DESIGN, COST ESTIMATING, BIDDING AND CONSTRUCTION MANAGEMENT OF THE C ENTER (TOWN ATTORNEY ERIC HEIL) 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9. MAYOR & COUNCIL COMMENTS 10. WRITTEN REPORTS 10.1. GIFT REPORTING –WINTERWONDERGRASS (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 11. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC) 11.1. FOR THE PURPOSE OF A CONFERENCE WITH THE TOWN ATTORNEY FOR RECEIVING LEGAL ADVICE UNDER C.R.S. §24- 6-402(2)(B) AND FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) CONCERNING PROPOSED AMENDMENTS TO THE ESTABLISHING AGREEMENT AND THE MASTER SERVICE AGREEMENT WITH THE UPPER EAGLE RIVER WATER AUTHORITY. 11.2. FOR THE PURPOSE OF A CONFERENCE WITH THE TOWN ATTORNEY FOR RECEIVING LEGAL ADVICE UNDER C.R.S. §24- 6-402(2)(B) CONCERNING THE MOUNTAIN STAR WATER STORAGE TANK. 11. ADJOURNMENT _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric Heil, Town Attorney RE: Revised Agreement for Legal Services with Moses Wittemyer DATE: March 6, 2015 Summary: Attached is a revised and updated Engagement Letter from Moses Wittemyer for water rights legal services. The revised Engagement Letter is updated to state that Jay Montgomery will continue to assist the Town with pending matters related to amendments to agreement with the Upper Eagle River Water Authority through 2015 and to clarify that Richard Mehren, a partner with Moses Wittemyer, shall be the principal attorney assigned to Avon’s water rights work unless Avon and Moses Wittemyer agree to using associates where appropriate for cost savings. In all other respects the Engagement Letter is the same as previously approved by the Town Council in early 2014. The Avon Town Council may on its own motion or upon request of the Town Attorney employ special counsel pursuant to Section 10.1 of Avon’s Charter. Proposed Motion: “I move to approve the Revised Agreement for Legal Services, Town of Avon, with Moses, Wittemyer, Harrison and Woodruff, P.C., dated March 3, 2015.” Attachments: Attachment A: Revised Agreement for Legal Services with Moses Wittemyer Thanks, Eric M EMORANDUM & PLANNING, LLC MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. LAW OFFICES 1002 WALNUT STREET, SUITE 300 RAPHAEL J. MOSES TIMOTHY J. BEATON BOULDER, COLORADO 80302 (1913-2011) RICHARD J. MEHREN CHARLES N. WOODRUFF CAROLYN R. STEFFL TELEPHONE: (303) 443-8782 (1941-1996) JENNIFER M. DILALLA FAX: (303) 443-8796 _______ INTERNET: www.mwhw.com COUNSEL JOHN WITTEMYER ANNE D. BENSARD ADDRESS CORRESPONDENCE TO: DAVID L. HARRISON ALISON D. GORSEVSKI P. O. BOX 1440 JAMES R. MONTGOMERY ANDREA A. KEHRL BOULDER, COLORADO 80306-1440 00099794-2 March 3, 2015 BY EMAIL Town of Avon c/o Virginia Egger, Town Manager P. O. Box 975 Avon, CO 81620 Re: Revised Agreement for Legal Services, Town of Avon Dear Virginia: The purpose of this letter is to outline the terms on which the Town of Avon (the “Town”) agrees to continue retention of Moses, Wittemyer, Harrison and Woodruff, P.C. to provide water-related legal services and the terms on which the firm agrees to provide those services. The scope of the engagement is to provide legal services on an as-needed basis as water counsel to the Town. We understand that the work will involve assisting you as Town Manager and advising you and the Town Council on transactional matters that are water-related, such as dealings with the Upper Eagle Regional Water Authority and other members of the Authority, contracts and negotiations with developers, acquisition of water rights, and related matters. Specifically, we understand that this work will include negotiations with the Upper Eagle Regional Water Authority regarding the unallocated water as well as creation of a “water bank” for allocation of water within the Town. In addition, we will continue to review the monthly resume of water court applications, advise you of any applications that may affect the Town or its water rights, and represent the Town as needed in Water Court cases. Any recommended Water Court activity would be coordinated with the Upper Eagle Regional Water Authority because the primary responsibility for Water Court work associated with the Town’s leased and otherwise allocated water rights lies with the Authority. Our previous engagement letter dated January 9, 2014, identified work that we have done for other clients that might have been considered by the Town to present the potential of a conflict. We are aware of no additional conflicts or potential conflicts with work for other clients of the firm that have arisen during the course of our representation of the Town. Sometimes conflicts arise that were not foreseen when we undertook the new representation. In that event, our firm’s policy is to cease representing the newer client and to continue representing the older client to the extent that ethical considerations permit us to do so. Sometimes, based on ATTACHMENT A MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Virginia Egger, Town Manager March 3, 2015 Page 2 00099794-2 ethical considerations, it may be necessary for our firm to cease representing both the newer and the older client in a particular matter if a conflict of interest arises. As we have discussed with you and with Town Attorney Eric Heil, Richard Mehren will be the attorney responsible for the Town’s water matters including, but not limited to, review of monthly water court filings, participation in water court cases, if any, and assistance to the Town with water rights and use matters. Jay Montgomery, who is of-counsel to the firm and has represented the Town since 2007 will continue at least through 2015 to assist the Town in consultation with Richard Mehren, in matters involving implementation of, changes to, or re- negotiation of, the various agreements with the Upper Eagle Authority. Jay is also available to provide background information on any Town matters, where appropriate. Where appropriate and after consultation with the Town and with the Town’s consent, we will delegate work to associate attorneys, paralegals and law clerks in order to keep the costs as low as reasonably possible. Time spent by others at the firm on the Town’s water matters will be billed only to the extent their work on the matter is in support of or in addition to, and not duplicative of, any work performed by Richard or Jay. Additionally, as we discussed, we will continue to coordinate all work among Richard and Jay to assure that there is no unnecessary duplication of effort. When non-chargeable time is spent on a matter, the time will be indicated as “No Charge” on the monthly itemized bill. Our hourly rates are listed on the fee schedule attached. We typically review and adjust the hourly billing rates on an annual basis, and we will advise the Town in writing of any changes in our billing rates before undertaking any work at rates different from those described herein. Our monthly bills will indicate the hourly charges by attorney or other staff member, as well as any additional fees or out-of-pocket expenses incurred in connection with your legal services. Mileage is presently billed at 56¢ per mile, color photocopies are billed at 50¢, photocopies are billed at 10¢ per page, and faxes are billed at 25¢ per page. Payment is due within 30 days and it is our firm’s policy to charge interest at a rate of 1% per month on any principal balance that is not paid within 30 days. We will use our best efforts in representing the Town in connection with its water matters, but make no promises or guarantees regarding the outcome of the subject matter for which we are retained. Our comments regarding the probable outcome of any matter are mere expressions of opinion. We also cannot guarantee that any case or controversy involving court action or administrative proceedings will be resolved within a specific time frame because the time table for resolving such matters by a court or agency is often beyond our control. The Town, in turn, agrees to provide us on a timely basis with all data, documents or other information in its possession relating to the matters within the scope of our representation so that we can be fully-informed. The Town has the right to terminate the engagement of our firm at ATTACHMENT A ATTACHMENT A MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. LAW OFFICES 1002 WALNUT STREET, SUITE 300 RAPHAEL J. MOSES TIMOTHY J. BEATON BOULDER, COLORADO 80302 (1913-2011) RICHARD J. MEHREN CHARLES N. WOODRUFF CAROLYN R. STEFFL TELEPHONE: (303) 443-8782 (1941-1996) JENNIFER M. DILALLA FAX: (303) 443-8796 _______ INTERNET: www.mwhw.com COUNSEL JOHN WITTEMYER ANNE D. BENSARD ADDRESS CORRESPONDENCE TO: DAVID L. HARRISON ALISON D. GORSEVSKI P. O. BOX 1440 JAMES R. MONTGOMERY ANDREA A. KEHRL BOULDER, COLORADO 80306-1440 00058374-6 This is to advise that effective January 1, 2015 our hourly rates for professional services rendered will be as follows: David L. Harrison $275.00 per hour James R. Montgomery $270.00 per hour Timothy J. Beaton $260.00 per hour Richard J. Mehren $240.00 per hour Carolyn R. Steffl $215.00 per hour Jennifer M. DiLalla $205.00 per hour Andrea A. Kehrl $190.00 per hour Alison D. Gorsevski $175.00 per hour Anne D. Bensard $170.00 per hour Paralegal $ 90.00 per hour Senior Law Clerks $ 85.00 per hour Interest at the rate of 1.0% per month accrues on amounts not paid within 30 days of billing. The firm reserves the right to charge on other than an hourly rate basis, or to charge a fee in addition to hourly rates, for work involving special risks, effort or time constraints including, without limitation, opinions relating to title, bonds and similar matters. ATTACHMENT A RICHARD JOHN MEHREN rmehren@msn.com 1602 Hallett Peak Drive ♦ Longmont, Colorado 80503 ♦ (303) 772-3651 EDUCATION University of Colorado School of Law, Boulder, Colorado Juris Doctor degree awarded May 2000 University of Colorado, Boulder, Colorado Bachelor of Arts in Political Science and minor in Philosophy awarded May 1995 • Dean’s List (cumulative GPA – 3.52) • Member Golden Key National Honor Society EXPERIENCE Moses, Wittemyer, Harrison and Woodruff, P.C. Boulder, CO Shareholder 2007 through Present Associate Attorney October 2000 through 2006 Provide legal counsel to public and private clients in water related fields of law, including surface and ground water rights, transactional and litigation work related to water rights adjudication and augmentation plans, water rights title and conveyancing, municipal water supply planning, water quality, environmental regulation, special district, endangered species and natural resources law. State of Colorado, Department of Public Health and Environment Denver, CO Special Counsel September 2000 to October 2000 Drafted rules and regulations for state compliance with EPA regulations under the Safe Drinking Water Act. Served as legal counsel to the Water and Wastewater Operators Certification Board and Water Quality Control Division staff regarding adoption of the above-stated regulations. National Wildlife Federation Boulder, CO Legal Intern September 1999 to September 2000 Conducted legal and factual research and drafted a detailed legal memorandum for National Wildlife Federation staff attorneys, the Eastern Shoshone Tribe and the Northern Arapahoe Tribe analyzing potential claims under Sections 402, 404 and 303 of the federal Clean Water Act and under federal Indian law arising out of environmental damage to the Wind River. Natural Resources Law Center, University of Colorado School of Law Boulder, CO Research Assistant May 1999 to September 1999 Researched and assisted in the drafting of an academic report evaluating environmental and wildlife issues related to growth and development of rural areas of the interior western states. United States Department of Agriculture, General Counsel Office Lakewood, CO Law Clerk October 1998 to May 1999 Conducted legal research, drafted legal memoranda and advised staff attorneys regarding easements for water conveyances and for public access for the United States Forest Service. PERSONAL INTERESTS Fly-Fishing, Whitewater Rafting, Backpacking, Hiking, Telemark Skiing TOWN OF AVON, COLORADO TOWN COUNCIL RETREAT MEETING MINUTES FOR FRIDAY, FEBRUARY 20, 2015 REGIONAL TRANSPORTATION OPERATIONS FACILITY, 500 SWIFT GULCH ROAD 1. CALL TO ORDER Mayor Fancher called the meeting to order at 9:12 a.m. 2. ROLL CALL A roll call was taken and Council members present were Megan Burch, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Buz Reynolds was not present. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright and Executive Assistant to the Town Manager Preston Neill. 3. EXECUTIVE SESSION Mayor Fancher moved to go into Executive Session Pursuant to Colorado Revised Statute §24-6-402(4) (F) for the Purpose of Discussing Personnel Matters Related to the Assistant Town Manager’s Role as Eagle River Fire Protection District Finance Director; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Reynolds was absent. Mayor Fancher moved to end Executive Session; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. The time was 10:45 a.m. 4. WORK SESSION 4.1. DISCUSSION REGARDING COUNCILORS USING SKYPE OR PHONE TO ATTEND A COUNCIL MEETING WHEN OUT-OF- TOWN 4.2. AVON’S A DOPTED LAND USE PLANS 4.2.1. IS THE CURRENT COUNCIL BOUND BY ADOPTED PLANS OF THE PREVIOUS COUNCILS 4.2.2. THE 10 YEAR UPDATE – FROM COMMUNITY SURVEY, VISIONING, PLAN UPDATES – W HEN TO BEGIN; WHAT IS THE PROCESS? 4.3. REVIEW OF JANUARY 29TH SUMMARY NOTES • CONTINUATION OF DEVELOPING COUNCIL’S 2015-16 STRATEGIC PLAN: WHAT DOES THE COUNCIL WISH TO ACCOMPLISH THE NEXT TWO YEARS • ADDITION OF PRIORITIES • PRIORITIZATION OF WORK Avon Retreat Minutes 2/20/15 Page 1 TOWN OF AVON, COLORADO TOWN COUNCIL RETREAT MEETING MINUTES FOR FRIDAY, FEBRUARY 20, 2015 REGIONAL TRANSPORTATION OPERATIONS FACILITY, 500 SWIFT GULCH ROAD 3. ADJOURNMENT There being no further business to come before the Council, the retreat adjourned at 2:05 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Avon Retreat Minutes 2/20/15 Page 2 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, FEBRUARY 24, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:09 p.m. A roll call was taken and Council members present were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, and Scott Prince. Sarah Smith Hymes was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. CELEBRATION OF 2015 ALPINE WORLD SKI CHAMPIONSHIPS AND APRÈS AVON (MAYOR JENNIE FANCHER) 5. CONSENT AGENDA 5.1. APPROVAL OF 2015 INTERGOVERNMENTAL AGREEMENT FOR GEOGRAPHICAL INFORMATION SERVICES WITH EAGLE COUNTY (PLANNING MANAGER MATT PIELSTICKER) 5.2. APPROVAL OF AVON TOWN COUNCIL POLICY REGARDING REMOTE TELEPHONE/VIDEO MEETING ATTENDANCE (TOWN ATTORNEY ERIC HEIL) 5.3. APPROVAL OF MINUTES FROM JANUARY 27, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) 5.4. APPROVAL OF MINUTES FROM JANUARY 29, 2015 RETREAT (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve the Consent Agenda as submitted; Councilor Prince seconded the motion and it passed unanimously by those present. Councilor Smith Hymes was absent. 6. WORK SESSION 6.1. COMPREHENSIVE REVIEW OF TOWN OF AVON WATER RIGHTS PORTFOLIO, WATER SYSTEM INFRASTRUCTURE, RELATIONSHIP WITH THE UPPER EAGLE RIVER WATER AUTHORITY, COLORADO STATE WATER PLAN, AND COLORADO RIVER COMPACT – PART 1 (COUNCILOR BUZ REYNOLDS) 7. ACTION ITEMS 7.1. INTERVIEWS AND APPOINTMENT OF TRAILS ADVISORY GROUP (PLANNING MANAGER MATT PIELSTICKER) Councilor Wolf moved to appoint all nine candidates with direction that at the first meeting, group members will confer and designate who should have a two-year term and who should have a one-year term; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Smith Hymes was absent. 7.2. FIRST READING OF ORDINANCE NO. 15-01, SERIES OF 2015, AN ORDINANCE REGARDING RETIREMENT BOARD COMPOSITION AND EMPLOYEE RETIREMENT PLANS (SCOTT WRIGHT, ASST. TOWN MANAGER; ERIC HEIL, TOWN ATTORNEY) FINAL - Avon Council Meeting 2-24-2015 Minutes - Copy Page 1 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, FEBRUARY 24, 2015 AVON TOWN HALL, ONE LAKE STREET Councilor Burch moved to approve First Reading of Ordinance No. 15-01, Series of 2015, An Ordinance Regarding Retirement Board Composition and employee Retirement Plans; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Smith Hymes was absent. 8. WORK SESSION 8.1. REVIEW OF 2015-18 STREETS IMPROVEMENT P ROGRAM – 2015 BOND PROCEEDS (TOWN ENGINEER JUSTIN HILDRETH) 8.2. REVIEW OF AVON ROAD LANDSCAPE IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH) 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 10. MAYOR & COUNCIL COMMENTS 11. WRITTEN REPORTS 11.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 11.2. GIFT REPORTING – WINTERWONDERGRASS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 12. EXECUTIVE SESSION, IF CALLED (THIS SESSION IS NOT OPEN TO THE PUBLIC) 13. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 8:30 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ FINAL - Avon Council Meeting 2-24-2015 Minutes - Copy Page 2 PUBLIC HEARING – PUD14007 - Minor PUD AmendmentPage | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Brian Garner, Town Planner Date: January 27, 2014 Agenda Topic: PUBLIC HEARING – Resolution 15-04 Case #PUD14007 Minor PUD Amendment for Lot 38 & Lot 39, Block 4, Wildridge Subdivision Introduction Bobby Ladd with RAL Architects, Inc., the Applicant, representing Wildridge Lots, LLC, the Property Owner, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building type for Lots 38 & 39, Block 4, Wildridge Subdivision (the Property). The current lot entitlements are as follows: Lot 38: Two (2) total dwelling units in the form of one (1) single-family-detached structure or one (1) duplex structure Lot 39: Four (4) total dwelling units in the form of one (1) fourplex or two (2) duplex structures. The Application is requesting the ability to amend the zoning to re-subdivide the Property to develop a total of six (6) single-family-detached structures. No change to the entitled density is requested; only a change to the allowed building type. As required by the Avon Development Code, the application is being processed as a Minor PUD Amendment. Attached to this report are a Vicinity Map and the Application materials. Process Minor PUD Amendment Process This application is processed under §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: A. The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. B. The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. C. The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. Public Notification The application was noticed in compliance with the Public Hearing and noticing requirements as set forth in the Avon Development Code (ADC) Sec. 7.16.020(4) Constructive Notice. For the PZC hearing(s), a mailed notice was provided to all property owners within 300’ of the property on January 5, 2015. Additionally, a notice of public hearing was published in the Vail Daily newspaper on January 9, 2015. A new public notification was performed for the March 10, 2015 Town Council hearing consisting of a mailed notice and published notice. PUBLIC HEARING – PUD14007 - Minor PUD AmendmentPage | 2 Public Hearings The application was first considered at the January 20, 2015 PZC meeting where the PZC motioned to continue the application to the February 17, 2015 PZC meeting. As noted, the Council will make the final decision on this Application through a Resolution after holding one more public hearing on March 10. Proposed PUD Amendment The Property is currently undeveloped, zoned PUD and is included in the Wildridge Subdivision. The Wildridge Subdivision and PUD Plat contains a Land Use Summary table indicating the number of units entitled for each individual lot as shown in Exhibit 1 below. Highlighted are the subject properties with their respective entitlements. Exhibit 1 – Wildridge Subdivision and PUD Land Use Summary The Application includes a narrative, response to the mandatory review criteria, and preliminary site and building design plans showing the proposed development scenario. Conceptual Lot Split Plan: As demonstrated in the attached conceptual lot split plan, this Application is requesting to create six (6) separate lots of record that each would be permitted one (1) single-family-detached structure. The lot split plan also incorporates a deeded open space tract of 1.07 acres that would be commonly held by the six residential properties and maintained under the covenants and restrictions. Approval of this request would supersede the existing entitlement of a duplex and a fourplex on the respective lots. The Conceptual Lot Split Plan also demonstrates: • Proposed Lots 38A-38F and respective lot sizes • Proposed Open Space Tract of 1.07 acres • Existing easements for slope maintenance, drainage and snow storage • Existing platted utility and drainage easement PUBLIC HEARING – PUD14007 - Minor PUD AmendmentPage | 3 • Proposed new utility and drainage easements • Proposed building setbacks retaining the existing Wildridge standards • Proposed platted “No Build” areas • The primary platted Access, Utility & Drainage Easement • Maximum building heights of 35-feet Conceptual Site Plan: The applicant has provided a proposed site plan that demonstrates: • The proposed siting of the six home footprints (conceptual siting) • Proposed approximated square footage of each home footprint • Approximate location of retaining walls • Relationship of primary access drive to lots and homes • Fire truck/emergency response vehicle turnaround areas Modifications to Original Application Modifications to the application were requested by the PZC which have been addressed by the applicant and a revised application was presented at the February 17, 2015 meeting. The following is a summary of the presented modifications: • Consistent with existing entitlements, six (6) total units remain proposed • Proposed development lots will remain single-family-detached (SFD) units • Proposed Lot layout has been re-engineered to address neighboring property concerns • SFD units shift from 5 units on the west side to 4 units • SFD units on the east side shift from 1 to 2 units • Maximum building footprints of 3,000-3,500 square feet are proposed • Maximum living area of 3,500-5,000 square feet is proposed • A “glass ceiling” additional building height restriction on applicable lots • Platted open space grows slightly and is redistributed • Open space is proposed as a Conservation Easement • Site section views are included to provide a better understanding of impacts to adjacent properties Next Steps if Council Approves: o Major Subdivision review and approval by PZC and Town Council o Major Development Plan with Design Review for each new home proposed (PZC review and approval) o Building Permit review and approval (administrative) Staff Analysis Staff worked closely with the applicant to propose a project that meets the applicable review criteria, meets the intent of the Development Code and the Comprehensive Plan and to mitigate impact to adjacent properties. The proposal to allow six separate single-family-detached structures in lieu of the entitled duplex and fourplex (or two duplexes) does not change the density and will have an overall positive effect on the mass and scale of the developed property. By separating the potential structural massing, the visual impact of the developed site is minimized revealing increased building articulation, increased light and air between units, and decreased impact to wildlife migration. After reviewing the PUD review criteria below, Staff finds the Application is in conformance with the purpose of the Development Code, review criteria, and any potentially negative impact to neighboring properties has been mitigated to the fullest extent. The development pattern in this portion of Wildridge is a mix of duplex and single-family-detached homes (predominantly single family and duplex structures in a PUBLIC HEARING – PUD14007 - Minor PUD AmendmentPage | 4 “low density” pattern with open spaces surrounding developed parcels); the proposed Application will help provide variety in building forms and create a more diverse development pattern. PUD Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (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: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The proposed amendment does not increase demands on public services, and provides compatible building layouts with the surrounding area. It should be noted that all other applicable development standards (parking, design standards, access requirements) would remain intact. Additionally, the application proposes deeded open space and non-buildable area representing nearly half of the total lot area. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application will promote the public health, safety and welfare by separating the structures and allowing more light and air between dwelling units which confer additional benefits to the surrounding community and for wildlife migration across the site. (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). Consistency with the Comprehensive Plan is required and analysis is provided below. The Town of Avon Comprehensive Plan includes this property within District 24: Wildridge Residential District. The planning principals specific to this property include the following: Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk. The Wildridge District planning principles contemplate enhancing and promoting open space connectivity. Approval of this Application would result in an additional deeded open space tract, improved building massing, breaks up of building bulk with smaller structures, and maximized sun exposure. (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: This PUD amendment does not change the current entitlement of six total residential units; therefore the existing services can adequately serve the property. The application has been provided to Eagle River Water and Sanitation District as well as Eagle River Fire Protection District for review and no concerns were raised by these agencies. Additionally, a single curb cut from Wildridge Road East is proposed thereby reducing the Town’s maintenance (i.e. ditch work) requirements. PUBLIC HEARING – PUD14007 - Minor PUD AmendmentPage | 5 (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: The proposed PUD amendment should impose no additional impacts to the natural environment, wildlife, vegetation, and air beyond the current entitlement since the development rights remain the same with six (6) total units. (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: Approval of the PUD amendment would not result in significant adverse impacts upon other property in the vicinity as the proposed PUD Amendment maintains the existing entitled density, and increases the building setbacks and utility/drainage easements. (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: Single-family-detached residential use is compatible in scale with current and potential uses on other properties in the vicinity of the Property. PZC Recommendation After considering public comments at the January 20 and February 17 PZC meetings, the PZC recommended approval of the Application with two conditions: 1. Lots 38A – 38F shall be required to adhere to the “glass ceiling” maximum building height as proposed by the applicant. 2. Homes constructed on Lots 38A – 38F shall adhere to the following size requirements: LOT Minimum Livable Area Maximum Residential Floor Area (Excluding Garage) Maximum Building Footprint (Including Garage) Lot 38A 3,000 square feet 5,000 square feet 3,500 square feet Lot 38B 3,000 square feet 4,000 square feet 3,000 square feet Lot 38C 3,000 square feet 4,000 square feet 3,000 square feet Lot 38D 3,000 square feet 5,000 square feet 3,500 square feet Lot 38E 3,000 square feet 4,000 square feet 3,000 square feet Lot 38F 3,000 square feet 3,500 square feet 3,000 square feet The PZC recommendation includes the following findings: Findings: 1. The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of the development. 2. The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. 3. The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. 4. The application was evaluated pursuant to Section 7.16.060(e)(4), Review Criteria, AMC, and found to be in compliance with the mandatory review criteria. Staff Recommendation Staff recommends approval of Resolution 15-04, thereby approving the Minor PUD Amendment application for Lot 38 & Lot 39, Block 4, Wildridge Subdivision. PUBLIC HEARING – PUD14007 - Minor PUD AmendmentPage | 6 Attachments A. Draft Resolution 15-04 B. Vicinity Map C. Application Materials Resolution 15-04 PUD14007 - Minor PUD Amendment TC March 10, 2015 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 15-04 Series of 2015 A RESOLUTION APPROVING FILE #PUD14007, A MINOR PUD AMENDMENT FOR LOT 38 & LOT 39, BLOCK 4, WILDRIDGE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on December 19, 2014 by Bobby Ladd of RAL Architects, Inc. (“Applicant”); and WHEREAS, the Application requests to amend the zoning of Lot 38 & Lot 39, Block 4, Wildridge Subdivision, to allow a cumulative six (6) single-family-detached structures in place of the currently entitled one (1) duplex structure and one (1) fourplex or two (2) duplex structures on Lot 38 & Lot 39; and WHEREAS, the Application requests the PUD zoning amendment to allow a re-subdivision of Lot 38 & Lot 39 into Lots 38A – 38F together with open space and easements; and WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section 7.16.060(1)(ii), Avon Development Code. WHEREAS, the Planning and Zoning Commission held a public hearing on January 6, 2015, and February 17, 2015 after posting notice of such Public Hearing 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 recommended that the Town Council approve the Application; and WHEREAS, the Avon Town Council held a public hearing on March 10, 2015, and after posting notice as required by law, considered all comments, testimony, evidence and staff report 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: (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, Resolution 15-04 PUD14007 - Minor PUD Amendment TC March 10, 2015 Page 2 of 2 (2) The Application is in substantial compliance 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 not result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; and, (4) Approval of the Application will reduce building massing compared to the existing underlying zoning, allowing for an improvement in quality over what could have been accomplished through the existing zoning designations; and, (5) Building impacts on-site are reduced by adding restrictions that are currently not in effect including: building footprint restrictions and livable area restrictions; and, (6) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including “siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with surrounding development, and break up building bulk.” NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that PUD14007, a Minor PUD Application for Lot 38 & Lot 39, Block 4, Wildridge Subdivision, Town of Avon, State of Colorado, is hereby approved to amend the Wildridge Subdivision and PUD Land Use Summary to designate the permitted use-by-right on Lot 38 & Lot 39 cumulatively as six (6) single-family-detached residences, which shall be constructed on separate lots (Lots 38A – 38F) subject to future subdivision approval by the Town. ADOPTED March 10, 2015. AVON TOWN COUNCIL By: _______________________________ Attest: ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk WILDRIDGE RD E L O N G S U N L N W I L D R I D G E R D O L D T R A IL R D B E A R T R A P R D FLAT PT N O R T H P T W IL D R I D G E R D W W IL D RID G E R D E W I L D R I D G E R D E 0360180 FeetThis map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Created by Community Development Department I Property Boundaries 5032 & 5040 Wildridge Road East Introduction Lots 38 and 39 sit on the north side of Wildridge Road East soon after the four way intersection that signiﬁes the split of Wildridge Road East and West. Lot 38 is the western portion of the proposed PUD and is approximately 1.02 acres. Lot 39 is the easter portion of the proposed PUD and is approximately 2.463 acres and abuts Town of Avon property Tract O, including an encroachment from the building located upon it. The properties are very steep with extremely limiting grades and building siting areas. There are small pockets of manageable grades and slopes mostly situated on the upper and western portion of the lots. The areas of the lots that abut Wildridge Road East are extremely steep and limiting for site access, with there in reality being only one reasonable area for site access on the far Eastern edge of Lot 39. The proposed PUD amendment would vacate the current two (2) platted lots, currently zoned for 6 total units in duplexes and fourplexes, and create seven (7) new lots. All of the new lots would be governed under Covenants and Restrictions written speciﬁcally for this PUD amendment. Six (6) of the parcels would be zoned for one (1) single family residence on each property and the seventh parcel would be deeded as open space and commonly held by the six residential properties and maintained under the Covenants and Restrictions. With the singular access point, the lots would all be accessed and served by a single roadway that would be created across access easements platted onto each lot. The roadway would be designed to accommodate two way trafﬁc and meet the requirements of the ERFPD for ﬁre truck access, including a turnaround area at the end of the roadway for ﬁre truck maneuvering. All of the existing easements and setbacks along the properties would be maintained with the exception of the easements and setbacks along the vacated lot line between Lots 38 and 39. Consequently, all of the new proposed lots will be platted with the same blanket easements and setbacks along the new property lines as deﬁned on the recorded Wildridge plat document. The steep topography across the subject properties forces the need for grading and retaining walls to construct the proposed improvements. The retaining walls would be necessary under the currently approved development standards and by splitting the units into smaller masses the opportunity to integrate the structure design into the site is greatly improved allowing the buildings to work with the topography to decrease the magnitude of the necessary retaining walls while affording increased opportunity to mitigate their impact through landscaping, terracing, and building siting. In addition the singular access point takes advantage of the only truly accessible portion of the property along Wildridge Road East and consolidates the retaining and grading into one access road versus spreading it out across the subject properties in multiple accesses and intersections. Zoning Analysis ExistingProposed Density Lot 38 - 2 Units (1 duplex)Lot 38A - 1 Unit Lot 39 - 4 Units (1 fourplexLot 38B - 1 Unit or 2 duplexes)Lot 38C - 1 Unit Lot 38D - 1 Unit Lot 38E - 1 Unit Lot 38F - 1 Unit Total - 6 UnitsTotal - 6 Units Setbacks Along Wildridge Rd E - 25’Along Wildridge Rd E - 25’ Rear (N property line) - 10’Rear (N property Line) - 10’ Side (Adjacent to Lot 37) - 7.5’Side (Adjacent to Lot 37) - 7.5’ Side (Internal) - 7.5’Side (Internal) - 7.5’ Along proposed internal Road - 25’ Height 35’35’ PUD Review Criteria 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. The stated purposes of the Town of Avon Development Code and PUD criteria, refer to implementation of the Town of Avon Comprehensive Plan which regulates intensity of use, demands on access and utilities, creating and preserving open space, and providing for compatibility with the surrounding areas and development. The proposed PUD amendment meets the intent of these criteria in the following ways: 1)does not increase the allowable density for the properties so there is not increased demands to public services, access, and utilities. 2)consolidates the properties to a single new roadway access onto Wildridge Road East limiting the points of access along the public road which offers improved safety, maintains snow storage areas along Wildridge Road East, and minimizes curb cuts and maintenance within the public right of way. 3)Creates deeded open space areas to preserve the natural environment and limit development to a suitable size, location, and density given the challenges with the topography of the subject property. 4)Creates a solution that is compatible with the surrounding environment and development with a greater opportunity for decreased building mass, increased open space, preservation of light and views, and integration of the structures into the site. ii.The PUD rezoning will promote the public heath, safety, and general welfare. The proposed PUD amendment does not adversely affect the public health, safety, and welfare, and as stated in the points above improves it in several facets. iii.The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in section 7.16.060(b). The proposed PUD amendment is part of the already established Wildridge PUD and is therefore not subject to the eligibility criteria or public beneﬁt requirements. Under the Town of Avon Comprehensive Plan, this property is included within District 24, Wildridge Residential District. This district includes the following planning principal: “Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk.” By splitting the density from larger structures such as duplexes and fourplexes into single family structures, the building bulk is broken up into half and one quarter of what could be built under the current governing development standards. Smaller structures promotes increased opportunity for views, sun exposure, and consistent open space and landscaping between structures. Subsequently, this PUD proposal contemplates a variety of single family residence sizes all compatible with the surrounding properties. 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 which maintaining adequate levels of service to existing developments. Since this PUD amendment proposes the same total density as is currently permitted on the lot, the existing services in place area adequate to serve this proposal without impacting any existing service. 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. This proposed PUD amendment improves the natural environment by decreasing building bulk and creating integrated open space between structures. This also improves storm water management by creating increased opportunities for water to migrate across the site between smaller structures versus needing to be directed around larger structures constructed under the current approved development standards. 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 This proposed PUD amendment does not create any adverse impacts on other properties as it maintains the existing density, easements and setbacks adjacent to current existing properties, and replaces internal setbacks and easements equal to the current existing development standards and in greater number providing more open space and functionality for surface and underground impacts. 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. This proposed single family residential use is compatible with the scale and current uses of the surrounding properties as demonstrated on the attached Vicinity Map, and in most cases proposes smaller structures than exist on the immediately surrounding properties. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: March 5, 2015 Agenda Topic: Request for Water Right Cash-in-Lieu Fee Reduction, Brookside Park Subdivision Summary In 2013, Brookside Park rezoned a portion of the development from office space into twenty-four (24) residential dwelling units. This rezoning increased the number Singe Family Equivalents (SFE’s) required to serve the development by 5.7 and that must be purchased as cash-in-lieu from the Upper Eagle Regional Water Authority (UERWA) for $40,000. The project developer, Frank Navarro, is contesting the requirement and is requesting the Town rebate $15,000 of the building permit and review fees to compensate for the cash-in-lieu fees they must pay to the UERWA. The basis for the request is included in the attached letter and he will be at the meeting to state his case. Background In 2005, the Town entered into a water lease with the UERWA that set the number of SFE’s the UERWA is obligated to serve at 4,984 SFEs. It has been increased three times to 5,276.55 SFE’s to accommodate the Riverfront, Eagle River at Avon and Wyndham developments. The number of SFE’s was based on the existing zoning in the Town in 2005 and currently the Town’s build-out will be 5,244 SFE’s leaving 32.55 for Town’s uses like affordable housing and the police and fire station at Buck Creek PUD. The Town has taken the position that new developments that require more water than their zoning in 2004 must increase the Town’s SFE allotment with the UERWA with cash-in-lieu payments. If the Town did not require this, there won’t be enough SFE’s to accommodate already approved development at build-out and the Town would likely have to purchase the SFE’s from the UERWA. Staff Recommendation Staff recommends Town Council not to approve his request of the $15,000 rebate in building permit fees to account for required cash-in-lieu fees. Three previous projects have been required to pay the fee and builders of homes larger than 3,000 SF must also pay an additional fee to account for the impact on the Town’s SFE allotment with the UERWA. If Town Council decides to grant Mr. Navarro’s request, Staff recommends it be paid out of the water fund. Attachment February 23, 2015 letter from Frank Navarro to Virginia Egger HELTON & WILLIAMSEN, P.C. CONSULTING ENGINEERS IN WATER RESOURCES 384 Inverness Parkway, Suite 144 Englewood, Colorado 80112-5822 Phone (303) 792-2161 Fax (303) 792-2165 E-mail: twilliamsen@helton-williamsen.com M E M O R A N D U M January 14, 2013 To: Evette Curran From: Tom Williamsen Subject: Water demand estimate – Brookside Park PUD Conversion Project I reviewed the water demand and consumptive use estimates for the Brookside Park PUD Conversion Project submitted by Rick Pylman, developer’s representative. The project would convert an existing 30,000 sq. ft. office building to 20 residential units and an additional 8,000 sq. ft. of irrigated landscape. Brookside is located at 37347 U.S. Highway 6 in the Town of Avon. The water use by the existing office building is included in the Town of Avon’s augmentation plan. Any water use increase will be included in UERWA’s plans for augmentation. I have reviewed the Water Demand Worksheet submitted by Mr. Pylman and the customer delivery records that you provided. The water demand for the 20 residential units will total 6.72 acre-feet annually and for 8,000 sq.ft. of irrigated landscape will total 0.46 acre-feet annually. The existing office building has used 0.84 acre-feet annually for in-building use and 2.17 acre-feet annually for irrigation based on the customer records for 1998-2012. The water for this project will be supplied through the Avon Water Plant and waste water will be treated at the Avon Wastewater Plant. The water demand to be included in UERWA’s augmentation plans were calculated by: 1) separating the historical in-building and irrigation uses for the average monthly recorded deliveries using the procedure developed with the Division Engineer, 2) subtracting the resultant in-building use from the monthly amounts calculated for 20 residential units to get the net additional in- building use, and 3) adding the net in-building use with the additional irrigation requirements for 8,000 sq. ft. of landscape. The consumptive use is the combination of 5% of the net in-building use plus 80% of the additional irrigation use. The resulting increased annual water demands will be: Net in-building ………..….….. 5.88 acre-feet Increased irrigation ….……… 0.46 acre-feet Total ……………………...... 6.34 acre-feet The resulting increased annual consumptive use will be: Net in-building ………..….…. 0.29 acre-feet Increased irrigation ………… 0.37 acre-feet Total …………………….... 0.66 acre-feet Evette Curran January 14, 2013 Page 2 The cash-in-lieu of water rights dedication totals $10,568 based on the UERWA Resolution on Water Dedication Policy as amended January 26, 2012. The Water Demand Worksheet and the cash in lieu calculations are attached. Enclosure cc: Linn Brooks w/enclosure c:\2013-01-14 Memo to ECurran Water Demand and Dedication Brookside.doc Project Name: Contact Person: Telephone:Date: Lot 1, Brookside Park, Eaglewood Subdivision 37347 US Highway 6, Avon CO. 81620 Yes Yes No If yes, identify: Yes Yes No 0 0square feet 0square feet 0.0single family equivalents (SFEs) 0acre-feet per year 20 1,483square feet 20.0single family equivalents (SFEs) 6.72acre-feet per year 6.72 acre-feet per year 0square feet Average lot size: Note to Applicant: Please complete all information highlighted in blue. Additional comments to be entered on the Comments worksheet. WATER DEMAND WORKSHEET Description of Proposed Project: Eagle River Water & Sanitation District Upper Eagle Regional Water Authority Brookside Park PUD Conversion F. Average floor area of unit: (inclusive of garage and unfinished basement) G. Greater of E or E x F / 3,000: H. In-house demand (E x 0.3360): 2. IRRIGATION WATER DEMAND I. Total In-house demand (D + H): Town of Avon 970-926-6065 11/26/2012 PUD Amendment to allow for potential conversion of Brookside PUD Office Building to residential use. Location of Proposed Project (qtr qtr section, township, range, lot/filing) (attach legal description): 2.097 acres Total Area (square feet or acres): Has this area been annexed to a metropolitan district or town? Is this project a redevelopment of existing lots and structures? 1. RESIDENTIAL INDOOR WATER DEMAND B. Average floor area of house: (inclusive of garage and unfinished basement) C. Greater of A or A x B / 3,000: D. In-house demand (A x 0.3921): E. Multi-family units (number): (inclusive of duplex, condominium, and apartment units) If yes, identify by water/sewer billing address: 1641 Worthington Road, Suite 330, West Palm Beach, Florida, 33409 A. Average irrigated area per detached single family lot: A. Detached single family lots (number): Rick Pylman Page 1 of 3Form Date: November 2009 Project Name:Brookside Park PUD Conversion 0.00acres 0square feet 0.00acres 0.18acres acres acres acres 0.18acres 0.18acres 0.46 acre-feet square feet square feet square feet gallons Annual Requirement Type (acre-feet) square feet0.000.10 gpd/sqft square feet0.000.16 gpd/sqft square feet0.000.06 gpd/sqft guest rooms0.00100 gpd/room guest rooms0.00150 gpd/room seats0.0035 gpd/seat seats0.0020 gpd/seat 0.00 DemandConsumptive Use (acre-feet)(acre-feet) 6.720.34 0.460.37 7.180.71 This is a re-zone request to allow the potential to convert the existing Brookside Center office building to a residential use. The existing 30,000 of office space would be converted to 20 residential multi-family units. Some parking would be removed and an additional 8,000 sq. ft. of landscape area would be added to the existing landscape area. I. Total other indoor usage B. Fountain water surface area: C. Swimming pool: 1. Surface area 2. Volume C. TOTAL 1. Irrigated parks 2. Irrigated entry features A. Retail B. Office 5. AVERAGE ANNUAL CONSUMPTIVE USAGE (FOR ERW&SD STAFF USE) Describe below the expected number of employees/guests/daily hours and anything that impacts the number of people using the facilities or special featurs such as swimming pools, hot tubs, or other indoor water features (use the Comments worksheet if more space is needed): B. Irrigated area (1A x 2A / 43,560): C. Average irrigated area per multi-family unit: D. Irrigated area (1E x 2C / 43,560): E. Other irrigated areas: Sprinkler & drip 3. OTHER OUTDOOR WATER USES 4. OTHER INDOOR WATER USES Describe irrigation methods (sprinkler, drip, etc.): 3. Irrigated street ROW 4. Common space G. Tavern H. Other (describe) A. Indoor usage B. Irrigation usage C. Warehouse or storage D. Motel/hotel without kitchens E. Motel/hotel with kitchens F. Restaurant 5. Total other F. Total irrigated areas (2B + 2D + 2E5): G. Total irrigation demand (2F x 2.5): A. Pond water surface area: Page 2 of 3Form Date: November 2009 Project Name:Brookside Park PUD Conversion Project Name: By: Date: Verified By: Date: Disclaimer: (ERW&SD Employee) APPLICANT: DISTRICT: 11/26/2012 (Owner/Authorized Representative) Rick Pylman Brookside Park PUD Conversion Additional information, explanations and comments: Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority retain the right to revise the factors and cash-in-lieu payments. Page 3 of 3Form Date: November 2009 No t e t o A p p l i c a n t : T h i s w o r k s h e e t t o b e c o m p l e t e d b y E R W S D p e r s o n n e l . Pr o j e c t N a m e : Wa s t e w a t e r t r e a t e d a t A v o n W W T P ? ( Y e s o r N o ) : Y e s Ro w J a n F e b M a r A p r M a y J u n J u l A u g S e p O c t N o v D e c T o t a l 1 0. 5 7 0 . 5 2 0 . 5 7 0 . 5 5 0. 5 7 0 . 5 5 0 . 5 7 0 . 5 7 0. 5 5 0 . 5 7 0 . 5 5 0 . 5 7 6.72 2 E x i s t i n g I n d o o r U s e f r o m C u s t o m e r R e c o r d s 0. 0 7 0 . 0 7 0 . 0 7 0 . 0 7 0. 0 7 0 . 0 7 0 . 0 7 0 . 0 7 0. 0 7 0 . 0 7 0 . 0 7 0 . 0 7 0.84 3 N e t N e w I n d o o r U s e 0. 5 0 0 . 4 5 0 . 5 0 0 . 4 8 0. 5 0 0 . 4 8 0 . 5 0 0 . 5 0 0. 4 8 0 . 5 0 0 . 4 8 0 . 5 0 5.88 4 0. 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 38 0 . 5 7 0 . 4 8 0 . 4 6 0 . 2 8 0. 0 0 0 . 0 0 0 . 0 0 2 . 1 7 5 0. 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0. 0 7 0 . 1 0 0 . 1 2 0 . 0 9 0. 0 7 0 . 0 1 0 . 0 0 0 . 0 0 0.46 6 N e t N e w T o t a l D e m a n d 0. 5 0 0 . 4 5 0 . 5 0 0 . 4 8 0 . 57 0 . 5 8 0 . 6 2 0 . 5 9 0 . 5 5 0. 5 1 0 . 4 8 0 . 5 0 6 . 3 4 7 0. 0 3 0 . 0 2 0 . 0 3 0 . 0 2 0 . 08 0 . 1 0 0 . 1 2 0 . 1 0 0 . 0 8 0. 0 3 0 . 0 2 0 . 0 3 0 . 6 6 8 0. 0 4 0 . 0 2 0 . 0 4 0 . 0 2 0 . 10 0 . 1 2 0 . 1 4 0 . 1 2 0 . 1 0 0. 0 4 0 . 0 2 0 . 0 4 0 . 8 0 Ca s h i n L i e u o f W a t e r R i g h t s P a y m e n t : $1 0 , 5 6 8 Ro w d e s c r i p t i o n : 1 2 3 Ne t N e w I n d o o r U s e : Ro w 1 - R o w 2 . 4 5 6 7 8 No t e s : Pr e c e d i n g d e s c r i p t i o n s a n d n o t e s a d d e d F e b r u a r y 7 , 2 0 0 8 b y T A W . Up d a t e d 1 / 3 1 / 2 0 1 1 T A W Up d a t e d 2 / 2 2 / 2 0 1 2 T A W Ne t N e w T o t a l D e m a n d : R o w 3 + R o w 5 . To t a l C o n s u m p t i v e U s e : R o w 3 x 5 % + R o w 5 x 8 0 % . De d i c a t i o n R e q u i r e m e n t : 1 2 0 % x R o w 7 . . Ca s h i n L i e u o f W a t e r R i g h t s P a y m e n t : D e d i c a t i o n R e q u i r e m e n t x $ 7 , 0 5 0 i n M a y , J u n e , J u l y a n d A u g u s t an d x $ 2 2 , 4 5 0 i n J a n u a r y , F e b r u a r y , Ma r c h , A p r i l , S e p t e m b e r , O c tober, November and December. T h e v a l u e s u s e d i n t h e C a s h i n L i e u c a l c u l a t i o n a r e t a k e n f r om t h e m o s t r e c e n t U E R W A R e s o l u t i o n o n W a t e r D e d i c a t i o n P o l i c y a m en d e d J a n u a r y 2 6 , 2 0 1 2 . D e d i c a t i o n R e q u i r e m e n t @ 1 2 0 % Re s i d e n t i a l I n d o o r U s e : T h e a n n u a l t o t a l i s f r o m t h e W a t e r D e m a n d W o r k s h e e t . T h e a n n u a l a m o u n t i s d i s t r i b u t e d m o n t h l y ba s e d o n n u m b e r o f d a y s i n m o n t h. Ex i s t i n g I n d o o r U s e i s t h e a v e r a g e m o n t h l y u s a g e f o r N o v e m b e r t h r o u g h A p r i l f r o m C u s t o m e r R e c o r d s . Ex i s t i n g I r r i g a t i o n U s e : A v e r a g e m o n t h l y u s e f r o m C u s t o m e r r e c o r d s f o r 1 9 9 8 - 2 0 1 2 m i n u s R o w 2 . Ad d i t i o n a l Ir r i g a t i o n U s a g e : F r o m W a t e r d e m a n d W o r k s h e e t f o r 8 , 0 0 0 s q u a r e f e e t o f n e w i r r i ga t i o n . T h e a n n u a l a m o u n t i s d i s t ri b u t e d m o n t h l y b a s e d o n t h e r a ti o o f e s t i m a t e d m o n t h l y consumptive use to an n u a l c o n s u m p t i v e u s e : M a y 1 4 % , J u n e 2 3 % , J u l y 2 6 % , A u g u s t 2 1 % , S e p t e m b e r 1 4 % , O c t o b e r 2 % . Co m p o n e n t Re s i d e n t i a l I n d o o r U s a g e f r o m w r k s h t Ex i s t i n g I r r i g a t i o n U s e ( 1 9 9 8 - 2 0 1 2 A v g ) Ad d i t i o n a l I r r i g a t i o n U s a g e T o t a l C o n s u m p t i v e U s e WA T E R R I G H T S D E D I C A T I O N R E Q U I R E M E N T S O R C A S H I N L I E U Up p e r E a g l e R e g i o n a l W a t e r A u t h o r i t y (v a l u e s i n a c r e - f e e t ) Br o o k s i d e He l t o n & W i l l i a m s e n , P C 1/ 1 4 / 2 0 1 3 U E R W A W a t e r D e m W k s h t C a s h i n L i e u C a l c u l a t o r B r o o k s i d e 2 0 1 2 t a w HELTON & WILLIAMSEN, P.C. CONSULTING ENGINEERS IN WATER RESOURCES 384 Inverness Parkway, Suite 144 Englewood, Colorado 80112-5822 Phone (303) 792-2161 Fax (303) 792-2165 E-mail: twilliamsen@helton-williamsen.com M E M O R A N D U M November 25, 2014 To: Evette Curran From: Tom Williamsen Subject: Water demand estimate – Brookside Park PUD Conversion Project I reviewed the revised water demand and consumptive use estimates for the Brookside Park PUD Conversion Project submitted by Rick Pylman, developer’s representative. The project would convert an existing 30,000 sq. ft. office building to 16 residential units and add 15,000 ft2 of irrigated landscape. Brookside is located at 37347 U.S. Highway 6 in the Town of Avon. The water use by the existing office building is included in the Town of Avon’s augmentation plan. Increase of the water use will be included in UERWA’s plans for augmentation. I reviewed the Water Demand Worksheet submitted on September 11 and the landscape irrigation information provided by Mr. Pylman and the customer delivery records provided by you. I also conferred by telephone with Mr. Pylman. The water for this project primarily will be supplied through the Avon Water Plant and wastewater will be treated at the Edwards Wastewater Plant. The in-building water demand for the 16 residential units will total 5.38 acre-feet annually. The historical in-building use was calculated using the procedures developed with the Division Engineer by using the daily use in November-April as the average daily in-building use in May- October. The irrigation component is difference between the actual metered water use in May- October and the estimated in-building use. The existing office building used 0.83 acre-feet annually for in-building use and 2.16 acre-feet annually for irrigation based on the customer records for 1998-2012. The net in-building water demand for the redevelopment will be 4.55 acre- feet (5.38 – 0.83 = 4.55). Mr. Pylman provided information concerning the irrigation systems, application rates, and areas irrigated by drip and spray methods. Pursuant to the “Policy for Water Rights Impact Fees” (November 2014) this information is acceptable for estimating irrigation water needs for the increased area. The procedure calls for increasing the irrigated area by 5% and using the tables of water demand and consumptive use shown in the Leonard Rice Engineers’ memorandum dated November 11, 2013 for the “Medium Water Use Category”. The consumptive use is 85% of the application amount. The incremental annual water demands will be: Net in-building ………..….….. 4.55 acre-feet Increased irrigation ….……… 0.49 acre-feet Total ……………………...... 5.04 acre-feet Evette Curran November 25, 2014 Page 2 The incremental annual consumptive use will be: Net in-building ………..….…. 0.23 acre-feet Increased irrigation ………… 0.42 acre-feet Total ……………………….. 0.65 acre-feet The cash-in-lieu of water rights dedication totals $45,045 based on the rates prescribed in the UERWA Resolution on Water Dedication Policy as amended November 21, 2013. The Water Demand Worksheet, metered water deliveries, irrigation demand analysis, and the cash in lieu calculations are attached. Enclosure cc: Linn Brooks w/enclosure Glenn Porzak w/enclosure c:\2014-11-25 Memo to ECurran Water Demand and Dedication Brookside.doc Project Name: Contact Person: Telephone:Date: Yes Yes No If yes, identify: Yes Yes No 0 0square feet 0square feet 0.0single family equivalents (SFEs) 0acre-feet per year 16 1,853square feet 16.0single family equivalents (SFEs) 5.38acre-feet per year 5.38 acre-feet per year square feet 0.00acres square feet 0.00acres acres acres acres acres 0.00acres 0.00acres 0.00 acre-feet If yes, identify by water/sewer billing address: 1641 Worthington Road, Suite 330, West Palm Beach, Florida, 33409 I. Total In-house demand (D + H): A. Average irrigated area per detached single family lot: A. Detached single family lots (number): Average lot size: 1. RESIDENTIAL INDOOR WATER DEMAND 2. IRRIGATION WATER DEMAND B. Average floor area of house: (inclusive of garage and unfinished basement) C. Greater of A or A x B / 3,000: WATER DEMAND WORKSHEET Description of Proposed Project: Brookside Park PUD Conversion 2.097 acres Lot 1, Brookside Park, Eagle wood Subdivision, 37347 US Highway 6, Avon CO 81620 Total Area (square feet or acres): Note to Applicant: Please complete all information highlighted in blue. Additional comments to be entered on the Comments worksheet. 970-926-6065 9/11/2014 G. Greater of E or E x F / 3,000: H. In-house demand (E x 0.3360): G. Total irrigation demand (2F x 2.5): 1. Irrigated parks 2. Irrigated entry features Conversion of existing office building to residential loft . Location of Proposed Project (qtr qtr section, township, range, lot/filing) (attach legal description): 3. Irrigated street ROW 4. Common space B. Irrigated area (1A x 2A / 43,560): C. Average irrigated area per multi-family unit: D. Irrigated area (1E x 2C / 43,560): E. Other irrigated areas: F. Average floor area of unit: (inclusive of garage and unfinished basement) D. In-house demand (A x 0.3921): E. Multi-family units (number): (inclusive of duplex, condominium, and apartment units) Has this area been annexed to a metropolitan district or town? Is this project a redevelopment of existing lots and structures? Town of Avon Rick Pylman 5. Total other F. Total irrigated areas (2B + 2D + 2E5): Page 1 of 3Form Date: November 2009 Project Name:Brookside Park PUD Conversion square feet square feet square feet gallons Annual Requirement Type (acre-feet) square feet0.000.10 gpd/sqft square feet0.000.16 gpd/sqft square feet0.000.06 gpd/sqft guest rooms0.00100 gpd/room guest rooms0.00150 gpd/room seats0.0035 gpd/seat seats0.0020 gpd/seat 0.00 DemandConsumptive Use (acre-feet)(acre-feet) 5.380.27 0.000.00 5.380.27 Project Name: By: Date: Verified By: Date: Disclaimer: C. TOTAL APPLICANT: DISTRICT: This is a request to convert the existing Brrokside Center office building to residential use. The existing 30,000 sq. ft. of office space will be converted to 16 residential units. Some parking will be removed and an additional 8,000 sq. ft. of landscaping will be added to the existing landscape area. The existing pool and hot ub remain unchanged. I. Total other indoor usage 9/11/2014 (Owner/Authorized Representative) Rick Pylman Brookside Park PUD Conversion (ERW&SD Employee) B. Fountain water surface area: C. Swimming pool: 1. Surface area 2. Volume B. Office 5. AVERAGE ANNUAL CONSUMPTIVE USAGE (FOR ERW&SD STAFF USE) Describe below the expected number of employees/guests/daily hours and anything that impacts the number of people using the facilities or special featurs such as swimming pools, hot tubs, or other indoor water features (use the Comments worksheet if more space is needed): A. Pond water surface area: 3. OTHER OUTDOOR WATER USES 4. OTHER INDOOR WATER USES Describe irrigation methods (sprinkler, drip, etc.) & Type of irrigated area(s): A. Retail Additional information, explanations and comments: Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority retain the right to revise the factors and cash-in-lieu payments. G. Tavern H. Other (describe) A. Indoor usage B. Irrigation usage C. Warehouse or storage D. Motel/hotel without kitchens E. Motel/hotel with kitchens F. Restaurant Page 2 of 3Form Date: November 2009 Wa t e r Y r D e c N o v Oc t S e p Aug J u l J u n M a y Apr Ma r F e b J a n T o t a l 20 1 2 1 1 1 1 2 2 7 5 6 1 7 3 1 0 3 9 7 1 4 1 4 1 5 1 7 5 1 3 20 1 1 2 1 1 2 3 1 6 1 9 3 8 9 7 5 1 9 1 3 1 2 1 0 2 1 4 5 7 20 1 0 9 1 0 9 1 1 1 2 1 8 1 8 2 1 9 7 3 4 1 4 1 4 1 2 1 2 8 2 2 20 0 9 1 0 1 0 1 4 8 3 2 0 4 1 8 1 2 9 3 3 6 2 1 5 1 5 3 6 1 2 1 2 3 5 20 0 8 1 3 1 6 1 5 1 8 2 2 4 8 2 4 4 2 0 6 1 1 5 1 9 2 2 2 1 1 9 1 1 2 0 20 0 7 3 0 1 8 1 9 1 5 3 2 0 6 2 2 7 2 3 5 4 3 2 4 2 0 4 0 2 4 1 0 3 9 20 0 6 2 1 1 9 4 5 1 1 4 1 5 7 1 4 3 2 1 7 1 5 0 2 7 2 2 2 0 1 9 9 5 4 20 0 5 1 8 1 8 4 5 1 6 2 1 6 4 1 7 9 1 6 1 1 3 6 1 9 2 0 2 4 4 0 9 8 6 20 0 4 1 8 1 5 1 9 1 0 4 1 3 7 1 3 7 1 3 6 1 0 6 2 1 2 4 2 3 2 3 7 6 3 20 0 3 1 7 1 9 2 1 3 7 1 2 7 1 4 9 2 1 6 9 3 2 0 2 0 2 6 1 9 7 6 4 20 0 2 1 4 2 6 1 9 7 0 9 4 1 8 0 2 2 7 2 0 5 7 5 2 4 2 2 2 0 9 7 6 20 0 1 2 2 4 2 2 5 2 1 9 2 1 9 2 8 6 2 7 1 2 1 6 1 1 4 2 6 2 5 1 9 1 4 8 4 20 0 0 1 5 1 5 1 8 1 1 9 2 7 4 2 5 6 2 4 4 2 4 1 6 6 4 3 2 3 2 3 1 3 3 7 19 9 9 1 9 1 8 2 6 1 2 8 2 5 3 2 1 4 1 9 2 1 2 8 2 0 2 7 2 6 2 3 1 0 7 4 19 9 8 1 9 1 9 2 0 9 8 1 3 3 1 5 3 3 2 1 2 2 7 2 5 2 2 2 0 1 5 1 0 7 2 Av e r a g e 1 7 . 1 1 7 . 9 2 3 . 2 1 1 4 . 4 1 7 2 . 5 1 7 9 . 5 2 0 6 . 3 1 4 4 . 8 3 2 . 4 2 1 . 7 2 2 . 9 2 0 . 4 9 7 3 . 1 Av g a c - f t 0 . 0 5 0 . 0 5 0 . 0 7 0 . 3 5 0 . 5 3 0 . 5 5 0 . 6 3 0 . 4 4 0 . 1 0 0 . 0 7 0 . 0 7 0 . 0 6 2 . 9 9 Me t e r e d P o t a b l e W a t e r D e l i v e r i e s t o t h e B r o o k s i d e Of f ic e B u i l d i n g (1 0 0 0 g a l l o n s ) He l t o n & W i l l i a m s e n , P C 11 / 2 5 / 2 0 1 4 C o p y o f B r o o k s i d e U s a g e t a w BR O O K S I D E I R R I G A T I O N D E M A N D Dr i p I r r i g a t i o n Q u a n t i t y # E m i t t e r s G P M S p r a y I r r i g a t i o n # S p r a y H e a d s GP M Sp r u c e T r e e s 1 4 1 0 2 . 3 P e r e n n i a l s 1 0 2 . 0 As p e n T r e e s 2 2 3 1 . 1 G r o u n d C o v e r 5 1 . 0 Cr a b a p p l e T r e e s 2 7 0 . 2 O r n a m e n t a l G r a s s 1 0 2 . 0 Co t t o n w o o d T r e e s 4 1 0 0 . 7 Sh r u b s 4 5 3 2 . 3 To t a l D r i p I R R 8 7 6 . 6 T o t a l S p r a y I R R 2 5 5 . 0 T o t a l D r i p & S p r a y I R R Mi n u t e s P e r c y c l e ( 1 2 0 m i n u t e s ) 7 9 0 M i n u t e s P e r c y c l e ( 2 0 m i n u t e s ) 1 0 0 8 9 0 Da y s p e r W e e k ( 3 d a y s ) 2 , 3 7 0 D a y s p e r W e e k ( 3 d a y s ) 3 0 0 2 , 6 7 0 We e k s P e r M o n t h ( 4 w e e k s ) 9 , 4 8 0 W e e k s P e r M o n t h ( 4 w e e k s ) 1 , 2 0 0 1 0 , 6 8 0 Ir r i g a t i o n S e a s o n ( 6 m o n t h s ) 5 6 , 8 8 0 I r r i g a t i o n S e a s o n ( 6 m o n t h s ) 7 , 2 0 0 6 4 , 0 8 0 gallons *A p p l i c a t i o n R e q u i r e d H I G H ( B l u e G r a s s ) 1 0 0 % M E D I U M 7 5 % L O W 5 0 % V E R Y L O W ( X e r i c ) 2 5 % To t a l S q u a r e F e e t T o t a l A c r e s *T o t a l I n c h e s 21 . 6 0 1 6 . 2 0 1 0 . 8 0 5 . 4 0 To t a l I r r i g a t e d A r e a S p r a y & D r i p 7 , 0 6 8 0 . 1 6 T o t a l G a l l o n s N e e d e d 9 5 , 4 1 8 7 1 , 5 6 4 4 7 , 7 0 9 2 3 , 8 5 5 To t a l A c r e - F e e t N e e d e d 0. 2 9 0 . 2 2 0 0 . 1 5 0 . 0 7 To t a l S q u a r e F e e t T o t a l A c r e s * A p p l i c a t i o n R e q u i r e d H I G H ( B l u e G r a s s ) 1 0 0 % M E D I U M 7 5 % L O W 5 0 % V E R Y L O W ( X e r i c ) 2 5 % To t a l I r r i g a t e d A r e a N e w T u r f 7 , 9 6 2 0 . 1 8 T o t a l G a l l o n s N e e d e d 1 0 7 , 4 8 7 8 0 , 6 1 5 5 3 , 7 4 4 2 6 , 8 7 2 To t a l A c r e - F e e t N e e d e d 0. 3 3 0 . 2 4 7 0 . 1 6 0 . 0 8 To t a l S q u a r e F e e t T o t a l A c r e s * A p p l i c a t i o n R e q u i r e d H I G H ( B l u e G r a s s ) 1 0 0 % M E D I U M 7 5 % L O W 5 0 % V E R Y L O W ( X e r i c ) 2 5 % To t a l I r r i g a t e d A r e a 1 5 , 0 3 0 0 . 3 5 To t a l G a l l o n s N e e d e d 2 0 2 , 9 0 5 1 5 2 , 1 7 9 1 0 1 , 4 5 3 5 0 , 7 2 6 To t a l A c r e - F e e t N e e d e d 0. 6 2 0 . 4 6 7 0 . 3 1 0 . 1 6 To t a l S q u a r e F e e t T o t a l A c r e s * A p p l i c a t i o n R e q u i r e d H I G H ( B l u e G r a s s ) 1 0 0 % M E D I U M 7 5 % L O W 5 0 % V E R Y L O W ( X e r i c ) 2 5 % Gr a n d T o t a l I r r i g a t e d A r e a 15 , 7 8 2 0 . 3 6 T o t a l G a l l o n s N e e d e d 21 3 , 0 5 0 15 9 , 7 8 8 106,52553,263 To t a l A c r e - F e e t N e e d e d 0. 6 5 4 0. 4 9 0 0.3270.163 *W a t e r U s e R e q u i r m e n t s a t M o u n t a i n S t a r - P e r L R E M e m o 1 1 - 1 2 - 1 3 5% a d d e d B u f f e r No t e t o A p p l i c a n t : T h i s w o r k s h e e t t o b e c o m p l e t e d b y E R W SD p e r s o n n e l . Pr o j e c t N a m e : Ja n F e b M a r A p r M a y J u n J u l A u g S e p O c t N o v D e c T o t a l 0. 3 8 6 0 . 3 4 9 0 . 3 8 6 0 . 3 7 4 0 . 3 8 6 0 . 3 7 4 0 . 3 8 6 0 . 3 8 6 0 . 3 7 4 0 . 3 8 6 0 . 3 7 4 0 . 3 8 6 4.55 0. 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0. 0 0 0 . 0 0 0 . 0 0 0 . 0 0 0 . 0 4 0 . 1 3 0 . 1 4 0 . 1 2 0 . 0 6 0 . 0 0 0 . 0 0 0 . 0 0 0.49 To t a l D e m a n d 0. 3 8 6 0 . 3 4 9 0 . 3 8 6 0 . 3 7 4 0 . 4 2 6 0 . 5 0 4 0 . 5 2 6 0 . 5 0 6 0 . 4 3 4 0 . 3 8 6 0 . 3 7 4 0 . 3 8 6 5 . 0 4 0. 0 1 9 0 . 0 1 7 0 . 0 1 9 0 . 0 1 9 0 . 0 5 3 0 . 1 2 9 0 . 1 3 8 0 . 1 2 1 0 . 0 7 0 0 . 0 1 9 0 . 0 1 9 0 . 0 1 9 0 . 6 4 4 0. 3 8 6 0 . 3 4 9 0 . 0 1 9 0 . 0 1 9 0 . 0 5 3 0 . 1 2 9 0 . 1 3 8 0 . 5 0 6 0 . 4 3 4 0 . 0 1 9 0 . 0 1 9 0 . 3 8 6 2 . 4 5 9 Ca s h i n L i e u o f W a t e r R i g h t s P a y m e n t : $4 5 , 0 4 5 Ro w d e s c r i p t i o n : To t a l D e m a n d : S u m o f t h e 4 u s e t y p e s . To t a l C o n s u m p t i v e U s e : M o n t h l y I n d o o r u s e x 5 % + I r r i g a t i o n U s e x 85 % + O u t d o o r U s e ( d e p e n d e n t o n s p e c i f i c u s e ) . De d i c a t i o n R e q u i r e m e n t : T o t a l C o n s u m p t i v e U s e f o r M a r c h , A p r i l , M a y , J u n e , J u l y , O c t o b e r a n d N o v e m b e r & T o t a l D e m a n d i n J a n u a r y , F e b r u a r y , A u g u s t , S e p tember and De c e m b e r . Ca s h i n L i e u o f W a t e r R i g h t s P a y m e n t : D e d i c a t i o n R e q u i r e m e n t x $ 7 , 5 0 0 i n M a y , J u n e , J u l y a n d A u g u s t a n d x $ 2 3 , 8 0 0 i n J a n u a r y , F e b r u a r y , M a r c h , A p r i l , S e p t e m b e r , Oc t o b e r , N o v e m b e r a n d D e c e m b e r . C a s h - i n - l i e u v a l u e s f r o m U E RW A R e s o l u t i o n o n W a t e r D e d i c a t i o n P o l i c y a m e n d e d N o v e m b e r 2 1 , 2 0 1 3 . De d i c a t i o n R e q u i r e m e n t Re s i d e n t i a l I n d o o r U s e : T h e a n n u a l t o t a l c o m e s f r o m c e l l " C 4 9 " i n t h e " A n n u a l W o r k s h e e t ". T h e a n n u a l a m o u n t i s d i s t r i bu t e d m o n t h l y b a s e d o n n u m b e r o f days in month. Ot h e r I n d o o r U s a g e : T h e a n n u a l t o t a l c o m e s f r o m c e l l " E 1 0 1 " i n t h e A n n u a l W o r k s h e e t. T h e a n n u a l a m o u n t i s d i s t r i b u t e d m o n t h l y b a s e d o n n u m b e r o f d a ys in month. Ir r i g a t i o n U s a g e : T h e a n n u a l t o t a l i s f r o m t h e B r o o k s i d e I r r i g a t i o n D e m a n d s p r e a d s he e t f o r t h e M e d i u m W a t e r U s e C a t e g o r y u s i n g t h e L R E N o v e m b e r 11, 2013 Memorandum. Th e a n n u a l a m o u n t i s d i s t r i b u t e d m o n t h l y b a s e d o n t h e r a t i o o f e s t i ma t e d m o n t h l y c o n s u m p t i v e u s e t o a n n u a l c o n s u m p t i v e u s e : M a y 7 . 9 % , J u n e 2 7 . 0 % , J u l y 2 8 . 9 % , A u g u s t 23 . 7 % , S e p t e m b e r 1 2 . 5 % . Ot h e r O u t d o o r U s a g e : T h e a n n u a l t o t a l c o m e s f r o m s e c t i o n 3 o f t h e " A n n u a l W o r k s he e t " . T h e a n n u a l a m o u n t i s d i s t ri b u t e d m o n t h l y d e p e n d i n g o n t h e t y p e of other use and must be a n a l y z e d o n a p r o j e c t s p e c i f i c u s e . Co m p o n e n t Re s i d e n t i a l I n d o o r U s a g e Ot h e r I n d o o r U s a g e Ir r i g a t i o n U s a g e Ot h e r O u t d o o r U s a g e To t a l C o n s u m p t i v e U s e WA T E R R I G H T S D E D I C A T I O N R E Q U I R E M E N T S O R C A S H I N L I E U Up p e r E a g l e R e g i o n a l W a t e r A u t h o r i t y (v a l u e s i n a c r e - f e e t ) Br o o k s i d e P a r k P U D C o n v e r s i o n He l t o n & W i l l i a m s e n , P C 1 1 / 2 5 / 2 0 1 4 U E R W A W a t e r D e m W k s h t C a s h i n L i e u C a l c u l a t o r 2 0 1 4 B r o o k s i d e r e v 1 1 - 2 4 - 1 4 T A W 2 t a w TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Justin Hildreth, Town Engineer Date: March 5, 2014 Re: Resolution 15-06, Approving the Fourth Supplemental Water Lease Agreement with the Upper Eagle Regional Water Authority to include the Brookside Park Subdivision 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 5,276.75 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 June of 2013, Town Council approved the Development Agreement and Zoning application for the Brookside Park Development located at 37347 U.S. Hwy 6. 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 and the Fourth Supplemental Water Lease Agreement, requires Town Council approval. The attached Fourth Amendment to the Water Lease is attached, and increases the SFE’s the UERWA is required to serve in Avon from 5,276.55 to 5,282.45. The First, Second and Third Amendments were for the Riverfront PUD, Eagle River at Avon (aka Red House) annexation, and Wyndham Vacation Resorts development respectively. The Brookside Development is under construction and is expected to be completed in a year. MOTION: Staff recommends approval by motion and vote of Resolution 15-06 , Approving the Fourth Supplemental Water Lease Agreement with the Upper Eagle Regional Water Authority. TOWN OF AVON RESOLUTION NO. 15-06 SERIES OF 2015 A RESOLUTION APPROVING A FOURTH 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, pursuant to the Third Supplemental Water Lease dated February 28th, 2014, the Authority agreed to increase the number of SFE’s that it will serve within the town by 22.2 SFEs to account for additional water requirements of the Wyndham Vacation Resorts, Inc., increasing the total service from 5,254.55 SFE’s to 5,276.75 SFEs; and Res. No. 14-16 Approving Third Supplemental Water Lease August 12, 2014 FINAL Page 1 of 2 WHEREAS, subsequent to the Third Supplemental Water Lease, the Authority and Riverside Park Associates, Inc. (the “Company”) entered into that certain Water Service Agreement dated January 22, 2015, whereby the Company sought water service for property in the Town known as the Brookside Park Subdivision development which at full build out will consist of 70 SFE; and therefore the Authority agreed to service these 70 SFEs at the Wyndham development from 64.3 SFEs under the Town’s water lease agreement with UERWA and 5.7 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 5.7, to a total of 5,282.45 SFEs; and WHEREAS, it is the intent and purpose of this Fourth Supplemental Water Service Agreement to increase the maximum number of SFEs to which the Authority will provide water service within the Town from 5,276.75 SFEs to 5,282.45 SFEs, and insure that the dedicated water rights for the Brookside Park Subdivision are assigned to the Town in the event the Authority (or any successor entity) fails to provide water service to the Brookside Park Subdivision. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the FOURTH 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 March 10, 2015. BY:________________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Res. No. 14-16 Approving Third Supplemental Water Lease August 12, 2014 FINAL Page 2 of 2 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Danita Dempsey, Special Events Supervisor Date: March 4, 2015 Re: Man of the Cliff Event Funding Request BACKGROUND On July 10, 2014 the Town entered into an agreement with Mountain Management DBA Man of the Cliff to relocate the 5-year charity event to Harry A. Nottingham Park. Man of The Cliff was successfully transitioned on September 27-28, 2014. In an email to staff, Event Director Adam Williams wrote “…we had a great meeting with First Descents last Friday and they were very impressed with the layout, organization and structure Avon helped bring to the event. They believe now more than ever that we can continue to make this an amazing event that generates substantial donations in years to come.” Man of the Cliff (MOTC) has requested a date change to October 10-11, 2015 so that they do not compete with the Great American Beer Festival in Denver, CO. MOTC is best described as an amateur lumberjack meets highland games meets strongman competition, which caters to the “weekend lumberjack”, those business men and women and others who for a couple days enjoy the excitement of competing in axe throwing, archery, keg toss, speed chopping, spear throwing, caber toss and sledge hammer throwing competitions and children’s activities. All proceeds from the event benefit First Descents which provides outdoor adventures for 19 – 38 year olds recovering from cancer. In 2014, the town supported MOTC with $7,500 in seed funding for support of mutually agreed upon marketing, branding and promotional items to elevate MOTC to fit with the Town brand. In addition, the Town provided up to $5,000 of in-kind services. MOTC was the first event that sales tax remitters were required to report retail, restaurant and lodging sales over the event period through the MuniRev’s system. Over time, the MuniRev’s-collected data should provide ROI numbers specific to each identified event. The table below provides ROI assumptions which indicate return on investment in 2014 and ROI projections with a moderate 5% growth in 2015. Man of the Cliff 2014 2015 COMMODITY ASSUMPTION CALCULATIONS ASSUMPTION CALCULATIONS TOTAL EVENT ATTENDANCE PER DAY 1100 2200 1155 2310 PERCENT WHO CAME JUST FOR THE EVENT 80% 1760 80% 1848 TOTAL % STAYING IN LODGING 50% 880 50% 924 AVERAGE PERSONS PER UNIT 2 440 2 462 AVERAGE HOTEL RATE* - 1 night/per person $116.00 $51,040.00 $108.00 $49,896.00 4% ACCOMMODATIONS TAX $2,041.60 $1,995.00 TOTAL MEALS PER DAY AVAILABLE (3 X DAILY ATTENDANCE) 3300 3465 TOTAL PERCENT EATING MEALS IN RESTAURANTS OVER TWO DAYS 50% 1650 50% 1733 AVERAGE DAILY MEAL COST $71 divided by 3** $24.00 $39,600.00 $24.00 $41,592.00 4% SALES TAX $1,584.00 $1,664.00 INCREMENTAL SPENDING FOR THE WEEKEND – NON LODGING 2200 2310 TOTAL PERSONS PER DAY 1100 1155 AVERAGE DAILY PURCHASE AMOUNT X TWO DAYS $50.00 $110,000.00 $50.00 $115,500.00 4% SALES TAX $4,400.00 $4,620.00 TOTAL TAXES $8,025.60 $8,279.00 ANNUAL TOWN OF AVON INVESTMENT $7,500.00 $5,000.00 NET RECOVERED INVESTMENT + 525.60 $3,279.00 *Destimetrics average room rate September 2014 **CVent 2015 Producer Funding Request - The table below summarizes the request for seed funding from MOTC in 2015 for the amount of $7,000. Additionally, MOTC has requested $5,000 of in-kind support. Man of the Cliff 2015 Funding Request Event signage (Avon Road banners (up to 10), Post Blvd. (up to 10) way finding, decorative tear drop banners at entrances/event areas and additional vendor signage) $4,000 General event design and appeal (certified wee free hay bales, tents for shade, fitted table linens and whiskey/wine barrels) $3,000 Producer Funding Request $7,000 Recommended Appropriation $5,000 Staff Recommendation: In staff’s view, the MOTC event meets the Town’s desire to seed and support a diverse line-up of signature events. It is the Town’s philosophy to seed special events with the goal of sustainability so that seed funds and in-kind services are no longer required and to ensure the event producer does not lose money. A commitment of $5,000 seems reasonable and, with Council review, an additional in-kind contribution of up to $3,500 is the recommended approach. MOTION: If Council wishes to proceed, a motion should be made and include one or more of the following: • Approval of event dates of October 10-11, 2015 • Approval of in-kind up to $3,500 • Approval of $5,000 in financial support to be appropriated from the general fund assigned special events budgeted at $300,000 into the special events budget leaving a remaining balance of $66,878 • Approval of the Town Manager to sign an agreement for production, including but not limited to all planning and producer performance dates, insurance, indemnification, deposits, marketing plan, security and law enforcement plan, demographic data collection and other metrics as may be determined, and reporting requirements TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Scott Wright, Asst. Town Manager Date: March 5, 2015 Agenda Topic: Ordinance No. 15-01 Regarding Retirement Board Composition and Employee Retirement Plans Summary This is second reading of an ordinance that confirms the authority of the Police Retirement Board and the Public Employees Retirement Board and ratifies recent actions and decisions made by those respective Boards. This is a ratification ordinance that confirms and formally adopts the respective Board’s composition, structure, election process and authority which have all been established by resolution, in years past. There are no changes being proposed to any of the structures or processes which have been in place and operating effectively for thirty years. Staff Recommendation Staff recommends that Council approve Ordinance No. 15-01 on second reading. Recommended Motion Move to approve Ordinance No. 15-01, An Ordinance Regarding Retirement Board Composition and Employee Retirement Plans. Exhibits and Attachments: Ordinance No. 15-01 Ordinance 15-01 [SHORT TITLE] [add date of draft – replace with FINAL once adopted] Page 1 of 3 ORDINANCE NO. 15-01 SERIES OF 2015 AN ORDINANCE REGARDING RETIRMENT BOARD COMPOSITION AND EMPLOYEE RETIREMENT PLANS WHEREAS, the Town established three retirement plans for its employees in 1985, including the Town of Avon Deferred Compensation Plan under Section 457 of the Internal Revenue Code (the “457 Plan”), the Town of Avon Police Officers Money Purchase Pension Plan (“Police Plan”) and the Town of Avon Public Employees Money Purchase Pension Plan (“Public Employees Plan”) (collectively, the “Plans”); and WHEREAS, the Plans were established by certain resolutions, including Resolution 1985-02, 1985- 04 and 1985-21, and the Plans and their service providers have been modified from time to time pursuant to Resolution, including Resolutions 1987-22, 2008-38 and 2008-39; and WHEREAS, the Town has authority pursuant to Article XX of the Colorado Constitution and its Home Rule Charter to adopt retirement programs for its employees and to provide for the governance of those programs as it determines is appropriate; and WHEREAS, the Town has established two governing boards to act as fiduciaries for, to make decisions regarding and to otherwise administer the Police Plan and the Employees Plan, which boards are selected and composed as follows: The Police Plan Retirement Board is composed of the Town’s Finance Director or designee, an appointee of the Town Manager (who is currently the Town’s Finance Manager), and three sworn officers elected by the sworn officers of the Town’s Police Department, which elected positions serve staggered three (3) year terms; and The Public Employees Plan Retirement Board is composed of the Town’s Finance Director or designee, an appointee of the Town Manager (who is currently the Town’s Finance Manager), and three full time employees who are eligible to participate in the Employees Plan who are elected by the Town’s non-sworn employees, which elected positions serve staggered three (3) year terms; and WHEREAS, the Town has delegated authority to its Finance Director to act as fiduciary of and to oversee and administer the 457 Plan; and WHEREAS, due to changes in services that were announced by the former administrator of the Police Plan and the Public Employees Plan, and because the Police Plan and the Public Employees Plan needed to be updated to comply with existing statutes and regulations, the Police Plan Retirement Board and the Public Employees Plan Retirement Board issued requests for proposals and selected new service providers for the Police Plan and the Public Employees Plan in 2014; and Ordinance 15-01 [SHORT TITLE] [add date of draft – replace with FINAL once adopted] Page 2 of 3 WHEREAS, the Town Council finds that it is appropriate to confirm the authority of the Police Retirement Plan Board and the Public Employees Retirement Plan Board to act for the benefit of the Town’s employees in providing and overseeing the Police Plan and the Public Employees Plan, and to ratify the most recent decisions of the Police Plan Retirement Board and Public Employees Plan Retirement Board, which the Town Council finds will promote the health, safety and general welfare of the Avon community and the employees of the Town; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. 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. Actions Approved. The current composition, structure, election process and authority of the Public Employees Plan Retirement Board and Police Plan Retirement Board, as more fully set forth above, are hereby formally adopted by this Ordinance. The prior decisions of the Public Employees Plan Retirement Board and Police Plan Retirement Board, including their 2014 decisions to retain service providers and fiduciary advisors pursuant to a competitive bidding process as more fully reflected in the minutes of the meetings of the Public Employees Plan Retirement Board and Police Plan Retirement Board, and the adoption of new plan documents and related agreements effective January 1, 2014 as more fully reflected in the minutes of the meetings of the Public Employees Plan Retirement Board and Police Plan Retirement Board, are hereby ratified. The Finance Director shall continue to act as fiduciary of and administrator for the Town’s 457 Plan. Section 3. 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 Ordinance 15-01 [SHORT TITLE] [add date of draft – replace with FINAL once adopted] Page 3 of 3 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 6. 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 only at the Avon Town Hall, Avon Recreation Center and Avon 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 and is available on the Town of Avon website. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for _____________________, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on ____________, 2015. ____________________________ Jennie Fancher, Mayor Published by posting at the Avon Town Hall, Avon Recreation Center and Avon Library 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 ____________________, 2015. ____________________________ Jennie Fancher, Mayor Published by posting at the Avon Town Hall, Avon Recreation Center and Avon Library. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 15-02 Amending Real Estate Transfer Tax, Business License and Peddler and Solicitor Licenses DATE: March 6, 2015 SUMMARY: Ordinance No. 15-02 is presented to the Avon Town Council for first reading. Ordinance No. 15-02 would amend the Avon Municipal Code to clarify certain provisions of the Real Estate Transfer Tax, amend Chapter 5.04 Business Licenses to update the business license regulations, consolidate licensing and regulation of peddlers and solicitors with this Chapter, and add regulations concerning vendors and public artists. This memorandum explains the proposed changes to the Avon Municipal Code. AMC 1.04.010 Definitions. The proposed change to the definition of Person recognizes limited liability companies and other legal entities which may be authorized in the future. Chapter 3.12 Real Estate Transfer Tax: Policy Issue: The current RETT regulations allow an exemption for the first $160,000 for acquisition of a primary residence, thus allow $3,200 in RETT relief. This exemption is for the purpose of facilitating housing for primary residences. Due to TABOR (Tax Payor’s Bill of rights in the Colorado Constitution) the Town cannot enact any new real estate transfer tax or expand the existing real estate transfer tax, even with voter approval. Any exemption or reduction of the RETT tax cannot be undone under the current constitutional language. The Town may amend the RETT regulations with regard to administration and clarification for interpretation provided that such amendment does not constitute a tax policy change that increases taxes. Due to questions that have arisen over the last couple years, several amendments are proposed in this ordinance which are described below. AMC 3.12.020 – add a definition of Primary Residence which incorporates elements from the state election code for establishing primary residence (i.e voter registration in Avon, address on Colorado Driver’s license, etc.) and clarifies requirement to occupy and use home as a primary residence within 30 days of transfer and allows Town Manager to extend deadline to occupy home for an additional 90 days. AMC 3.12.060 (15) and (16) – a language to address co-signors to allow a co-signor provided that the co- signor is participating solely for the purpose of facilitating financing qualifications for the primary residence/applicant. This reflects the Finance Department’s policy which has been to approve real estate transfer tax exemption applications with co-signors. AMC 3.12.060(15) – add a sub-section (c) to parallel AMC 3.12.060(16) with regard to treatment of exemption between Buyer and Seller. AMC 3.12.060(16) – clarification that this section provides an exemption for the first $160,000 for acquisition of a primary residence that applies to subsequent acquisitions of a primary residence after claiming an exemption for the first acquisition of a primary residence under AMC 3.12.060(15). The reference to the applicable eligibility criteria in the existing language is awkward. M EMORANDUM & PLANNING, LLC Avon Town Council Ordinance No. 15-02 Real Estate Transfer Tax and Business License amendments March 6, 2015 Page 2 of 3 Ordinance No. 15-02 Real Estate Transfer Tax and Business License amendments March 6, 2015 Page 2 of 3 AMC 3.12.070(a) – clarify that applications for exemption for low and moderate income housing projects must be submitted prior to the transfer of property. AMC 3.12.140 – improve language regarding refunds of tax paid in error, clarify that failure to file a timely RETT exemption application does not constitute error, and delete section which states failure of Town Manager to approve refund application within 10 days results in an automatic approval. AMENDMENTS TO 5.04 BUSINESS REGISTRATION AND 5.16 PEDDLER AND SOLICITOR: The amendments to Chapters 5.04 and 5.16 include the following substantive changes as well as updates and revisions to various procedures: • administration of business licenses from the Town Clerk to the Finance Department; • the Peddler and Solicitor regulations are consolidated with Business License regulations; • Vendor regulations are adopted; and • Public Artist regulations are adopted. 5.04.040 Marijuana Businesses Prohibited is updated to include reference to marijuana establishment and marijuana clubs which prohibition was previously approved by Council by ordinance but the approved language was not codified. 5.040.050 Advertisement of Accommodations has been added to enhance the Town’s enforcement of short-term rentals. 5.04.060 Peddler and Solicitor Regulations have been consolidated and additional regulations have been added, including honoring “No Solicitor” signs, hours of operations, background checks, misrepresentation of facts, and prohibition on blockading public places and right-of-ways. These new regulations are similar to peddler and solicitor regulations adopted in other communities. 5.04.070 Public Artist regulations are proposed as minimum regulations to insure public artist activities do not conflict with neighboring businesses, pedestrian traffic or general public use of plazas and pedestrian ways. These regulations parallel the City of Denver’s regulations for the 16th Street Mall and are proposed after significant research on first amendment and freedom of expression rights. No license is proposed for public artists. 5.04.080 Vendor Regulations are proposed to authorize such regulations but to allow the specific design and selection process to be determined by the Town Manager. Draft written criteria and regulations for vendor carts will be presented to the Avon Town Council at the April 28, 2015 regular Council meeting. 5.04.090 through 5.04.150 clarify administration and enforcement procedures of business licenses and violations. The revocation procedures are expanded to better clarify the process and address peddlers, solicitors and vendors. A two step appeals process whereby the decision of the Finance Director is first appealed to the Town Manager, then appealed to the Town Council. Avon Town Council Ordinance No. 15-02 Real Estate Transfer Tax and Business License amendments March 6, 2015 Page 3 of 3 Ordinance No. 15-02 Real Estate Transfer Tax and Business License amendments March 6, 2015 Page 3 of 3 PROCESS: Ordinance No. 15-02 is presented for first reading. If adopted, Council must hold a public hearing for second reading. PROPOSED MOTION: “I move to approve Ordinance No. 15-02 AN ORDINANCE AMENDING AVON MUNICIPAL CODE CHAPTERS 1.04 DEFINITIONS; 3.12 REAL ESTATE TRANSFER TAX; 5.04 BUSINESS LICENSES; AND, 5.16 PEDDLERS AND SOLICITERS” Thank you, Eric ATTACHMENT A: Ordinance No. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 1 of 14 TOWN OF AVON, COLORADO ORDINANCE NO. 15-02 SERIES OF 2015 AN ORDINANCE AMENDING AVON MUNICIPAL CODE CHAPTERS 1.04 DEFINITIONS; 3.12 REAL ESTATE TRANSFER TAX; 5.04 BUSINESS LICENSES; AND, 5.16 PEDDLERS AND SOLICITERS WHEREAS, the Avon Town Council finds that amendments to Chapter 3.12 concerning the timing of applications for exemption from real estate transfer tax for primary residence exemptions and concerning applications for refunds will improve the administration of real estate transfer tax exemption applications; WHEREAS, the Avon Town Council finds that the transfer of certain business license functions from the Town Clerk to the Finance Department will promote the efficiency of the Town government by consolidating business license and sales and accommodation tax license and collection functions in the same department; WHEREAS, the Town of Avon has adopted home rule authority and the Avon Town Council finds that the administration of real estate transfer tax and regulation of business licenses is a matter of local concern; WHEREAS, the regulation of peddlers and solicitors will promote the protection of the general public from unwanted disturbance, potential dangers, and potential deceptive or fraudulent practices; WHEREAS, the regulation of vendors will promote the orderly, safe and attractive use of public plazas, places, parks and other public right-of-ways; WHEREAS, the regulation of public artists will promote the orderly and safe use of public plazas, places, parks and other public right-of-ways; WHEREAS, it is the Town Council finds that amendment to Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 of the Avon Municipal Code will promote the health, safety and 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 with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 2 of 14 Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 1.04.010 Definitions. Section 1.04.010 Definitions of the Avon Municipal Code is amended, with strike-out indicating words which are deleted and double underline indicating words which are added, to read as follows: Person includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, limited liability company, other recognized legal entity or the manager, lessee, agent, servant, officer or employee of any of them. Section 3. Amendment to Avon Municipal Code Section 3.12.020 Definitions. Section 3.12.020 Definitions of the Avon Municipal Code is amended to add the following definition: Primary residence means the occupation and use of a residence as the primary residence, which shall be determined by the Town Manager by taking into account the following circumstances: voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not registered to vote in any other place); stated address on Colorado driver’s license or Colorado identification card; stated address on motor vehicle registration; ownership or use of other residences not situated in Avon, Colorado; and stated residence for income and tax purposes. Occupation and use of a residence as a primary residence must occur within thirty (30) days of transfer of the real property, provided that the Town Manager may grant an extension of an additional ninety (90) days if extenuating circumstances are found to exist in the Town Manager’s discretion and provided that such extension request is included with the applicant’s application for exemption. Section 4. Amendment to Avon Municipal Code Section 3.12.060(15). Section 3.12.060(15) of the Avon Municipal Code is amended, with strike-out indicating words which are deleted and double underline indicating words which are added, to read as follows: (15) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided the following conditions are met: a. The same applicant has not previously received an exemption pursuant to this Subsection; b. An application for exemption is filed with the Town Manager or his or her designee prior to payment of the tax, which application is accompanied by: 1. An affidavit that the real property is being purchased for use as a primary residence and not for investment or resale (provided that a co- signor shall not disqualify the exemption for the applicant where the co- ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 3 of 14 signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the tax and the promissory note including accrued interest shall be due and payable in full in the event the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in 3.12.020 or shall cease to use the property as his or her primary residence within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record. c. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction. Section 5. Amendment to Avon Municipal Code Section 3.12.060(16). Section 3.12.060(16) of the Avon Municipal Code is amended, with strike-out indicating words which are deleted and double underline indicating words which are added, to read as follows: (16) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for any sale or conveyance of real property and completed improvements for occupancy as a primary residence, provided that the following conditions are met: a. The applicant previously received a primary residence exemption pursuant to Section 3.12.060(15) and the applicant has satisfied the conditions of Paragraph (15) of this Section Subsection (15)b.1. and 2. of Section 3.12.060; and b. An application for exemption is filed with the Town Manager or his or her designee prior to payment of the tax, which application is accompanied by: 1. An affidavit that the applicant's current primary residence used to satisfy the requirements of Paragraph Section3.12.060(15) is within the Town; that the applicant meets the definition of an Eagle County employee; that the real property is being purchased for use as a new primary residence and not for investment or resale (provided that a co- signor shall not disqualify the exemption for the applicant where the co- signor is signing for the sole purpose of facilitating the financing qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and 2. A promissory note in the amount of the tax otherwise owing, together with interest accruing at the rate hereinafter provided, providing that the ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 4 of 14 tax and the promissory note including accrued interest shall be due and payable in full in the event that the applicant shall fail to occupy and use the property as a primary residence within the timeframe established under the definition of primary residence found in 3.12.020 or shall cease to use the property as his or her primary residence or shall cease to meet the definition of an Eagle County employee within one (1) year after closing and granting to the Town a lien securing such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of record; and c. The exemption applies only to the portion of the transfer tax actually paid by the buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the transaction. Section 6. Amendment to Avon Municipal Code Section 3.12.070(a). Section 3.12.070(a) of the Avon Municipal Code is amended, with strike-out indicating words which are deleted and double underline indicating words which are added, to read as follows: (a) Application required. No transfer of real property shall be exempt from the imposition of the real estate transfer tax imposed in Section 3.12.030 unless a complete application for exemptions is filed with the Town and such application is approved by the Town. An application may be filed no more than seventy-five (75) days prior to a transfer of real property or within seventy-five (75) days after the transfer of real property. No application for exemption from real property transfer tax shall be received and no such application shall be approved if submitted to the Town more than seventy-five (75) days four (4) months after the date of transfer, unless the Finance Director finds good cause exists for a later filing. Notwithstanding the foregoing, an application for exemption for low and moderate income housing projects pursuant to Section 3.12.060(14) must be submitted and approved prior to the transfer of real property and no such application for exemption pursuant to Section 3.12.060(14) may be received or approved after the transfer of real property. Section 7. Amendment to Avon Municipal Code Section 3.12.140 Refund of tax paid in error. Section 3.12.140 of the Avon Municipal Code is amended with strike-out indicating words which are deleted and double underline indicating words which are added, to read as follows: 3.12.140 Refund of tax paid in error. If the full amount of the tax is paid in error in connection with a transfer as to which the first one hundred sixty thousand dollars ($160,000.00) of the consideration paid is exempt, the transferee may apply to the Town Manager for a refund of the tax paid in error, without interest. A transferee who has paid a real estate transfer tax, or portion thereof, in error may apply for a refund. Any such application for refund must be filed within one (1) year after the day of recording of the deed causing the transfer. The failure to file an application for exemption from a real estate transfer tax within the timeframes established in Section ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 5 of 14 3.12.070 shall not constitute the payment of a real estate transfer tax in error. A failure of the Town Manager to act upon the application within ten (10) business days after receipt of the application shall be conclusively deemed to constitute approval of such application. Any person whose application is denied may appeal to the Town Council in accordance with Subsection 3.12.070(b) of this Chapter. Section 8. Amendment to Avon Municipal Code Chapter 5.04. Chapter 5.04 of the Avon Municipal Code is repealed in its entirety and re-enacted to read as follows: “Chapter 5.04 Business Licenses 5.04.010. Applicability. Any person, as defined in AMC Section 1.04.010 Definitions, engaged in business in the Town, as defined in AMC Section 3.08.010 shall first have applied for and received a business license issued by the Finance Director. 5.04.020. Definitions. For the purpose of this Chapter, the words set forth in this Section shall have the following meanings: Peddler means any person who sells and delivers or offers for sale to consumers any goods, wares or merchandise, food or beverage, traveling from place to place, or from house to house, or from street to street, or who sells or offers for sale and delivery any goods or other such articles while traveling on foot or by vehicle or any other type of conveyance. Public artist means any person who performs or creates art on Town owned property or street right-of-ways, for fees, tips or other compensation, which acts include but are not limited to music, recitals, readings, acting, drawings, paintings, mimes, and stationary performance. Solicitor means any person traveling either by foot or vehicle or any other type of conveyance from place to place, or from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any nature whatsoever, for future delivery or for services to be performed or furnished in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or beverage, from any outdoor location from a stationary cart or table regardless of whether a fee is charged for such goods or services. 5.04.030. Purpose. ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 6 of 14 (a) Require the licensing of businesses conducting business in the Town of Avon to gather valuable information and data regarding business activity in the Avon community. (b) Regulate the licensing of businesses to prevent unlawful businesses. (c) Promote and protect the use of street, sidewalk, trail and other public right-of- ways for the effective and safe passage of persons. (d) Preserve the limited number of Town parking spaces for parking use to prevent congestion. 5.04.040. Marijuana businesses prohibited. Medical marijuana business, marijuana establishment and marijuana club, as each are defined in Section 7.08.010 of this Code and as may be amended or recodified, are prohibited and unlawful in the Town. 5.04.050. Advertisement of accommodations. Every property owner providing any room or rooms used for accommodation for a total continuous duration of less than thirty (30) days shall obtain and maintain a business license prior to advertising such accommodation. The failure to obtain a business license prior to advertising such accommodation shall be a violation of this Chapter. Advertising shall include any written, oral or video communication or publication disseminated by signage, mailing, print, internet listing, e-mail publication, social media, other electronic means, telephone or other means which is intended to directly or indirectly induce a person to use or possess the accommodation for consideration. Any advertisement of accommodations shall prominently display the Avon business license number in the advertisement as, “Avon Business License No. [insert number]”. The failure to prominently display the Avon business license number in any advertisement of accommodation shall be a violation of this Chapter. 5.04.060. Peddler and Solicitor Regulations. Every peddler or solicitor shall comply with the following regulations and the failure to comply with the following regulations shall be a violation of this Chapter. (a) Signage. No peddler or solicitor shall engage or attempt to engage in the business of peddling at any home, residence, gated residential complex, apartment complex or business that prominently displays a “No Peddlers” or “No Solicitors” sign or any other similar sign that communicates the desire of the occupants, managers or operators to not be contacted by peddlers or solicitors; ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 7 of 14 (b) Hours. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00 p.m. or one half hour after sunset, whichever occurs earlier, and 9:00 a.m. (c) Investigation by Law Enforcement Official. Prior to the issuance of any business license for a solicitor or peddler: (1) The Police Chief or designee shall conduct a background check and investigate the applicant to assess any known dangers or risks that could stem from the applicant going door to door in the neighborhoods of the Town. The Police Chief or designee shall submit a written report to the Finance Director or designee stating his/her recommendation as to approval or disapproval of the license application. (2) If the Police Chief or designee recommends disapproval, his/her report(s) shall specify the reasons for such recommendation. (d) Carrying License Required. The business license shall be carried at all times when soliciting or peddling in the Town and shall be exhibited by such solicitor or peddler whenever requested to do so by a police officer, any Town official, or any persons solicited or peddled. (e) Misrepresentation of Facts. It is unlawful for any peddler or solicitor to make or cause to be made, directly or indirectly, for the purpose of selling or procuring an order for the sale of any goods, wares, merchandise, services, or anything of value, any assertion, representation, or statement of fact which is untrue, deceptive or misleading. (f) Unlawful to Blockade or Obstruct Public Places and Rights-of-Way. It is unlawful for any person to peddle or solicit to blockade or obstruct Town property or public right-of-ways in the Town. It is unlawful for any person to peddle or solicit from a vehicle, cart, trailer or other apparatus that occupies a parking space on Town property or public right-of-way. 5.04.070. Public Artist Regulation. Public artists may not perform in any one spot for longer than one hour without the express, written consent of the adjacent property owner and retail tenants. Public artists must not in any way block the entrance to any building nor may they reduce the pedestrian right-of-way to less than ten (10) feet. Public artists may not use any form of amplification unless an amplified sound permit has been obtained. Public artists may not interfere with special events taking place on Town property or right-of-ways. Public artists must keep the people in the audience out of pedestrian and transit paths. Public artists cannot leave any of their items -- equipment, props, tip jars, etc. – in the middle of the sidewalk. Public artist performances and their audience cannot block a merchant's display windows or doorways. Public artists may give people the opportunity to tip for performances; but must not solicit, beg, “hustle,” or physically accost people in any way. Public artists must separate themselves from other performers, street artists ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 8 of 14 and vendors by at least seventy-five (75’) feet, or more if necessary, to eliminate conflicts. Public artists are responsible that the noise level of their performance does not create problems for those around them. Public artists must pick up the trash left behind by their audience. Juggling of sharp objects or fire objects are not allowed without a permit and appropriate license or special event permit agreement with the Town. 5.04.080. Vendor Regulations. (a) Applicability. These Vendor Regulations shall apply to any vendors operating on Town property, sidewalk, street or other public right-of-way. (b) Location and permits. The location and maximum number of vendor permits shall be established by the Town Council by resolution. (c) Vendor Permits. The process for advertising the availability of vendor permits and the process for selecting vendors shall be adopted in writing and administered by the Town Manager. (d) Minimum Regulations. The following minimum requirements for vendors shall apply: (i) The Vendor licensee shall provide commercial liability insurance naming the Town of Avon as additional insured in such amount and in such form as established by the Town Attorney. (ii) The Vendor licensee shall indemnify the Town of Avon in such form as established by the Town Attorney. (iii) Vendor permits may be granted for a maximum three year period by the Town Manager. Vendor permits for longer than three years must be approved by the Town Council by resolution. (iv) The Vendor licensee shall operate in all respects in accordance with the terms of the vendor permit. (e) Additional Regulations. The criteria and regulations for vendor carts and vendor equipment and vendor operations, shall be adopted in writing by the Town Manager. (f) License—exhibition. Vendors are required to publicly exhibit their licenses and permits. 5.04.090. Required – fee – application. (a) A business license shall be obtained from the Finance Director prior to engaging in any business in the Town. It is unlawful and a violation of this Chapter for any person to engage in any business in the Town without first obtaining a business license required by this Chapter from the Finance Department. ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 9 of 14 (b) Business license fees shall be established by adoption of a resolution by the Avon Town Council, such fees shall include but not be limited to annual fees and late filing fees. (c) The business license application shall include information as required by the Finance Director, including but not limited to: the name of the business; the type of business; and, the name, address and contact information of the person conducting the business. (d) The person holding an annual business license shall file updated and current business license information each year on or before the anniversary of the issuance of a business license by the Finance Director on forms furnished by the Finance Department. The failure to file updated and current information on a timely basis shall be a violation of this Chapter. (e) The Finance Director may require upon the issuance or renewal of a business license, businesses within certain NAICS industry classifications and/or geographic locations to report certain daily sales tax and/or accommodations tax and other related data on forms on for periods prescribed by the Finance Director. 5.04.100. Lawful business – denial. The Finance Director shall reject any business license application or reject a business license annual update if the business or use of the property which the business occupies is not in compliance with all applicable laws, including local, state and federal laws or if the Finance Director finds upon recommendation of the Police Chief that an applicant for a peddlers and solicitors license presents a threat to the public. The denial of a business license application or annual update shall be in writing, shall state the grounds for denial, shall state the rights of the applicant to appeal the decision and shall identify the last day to submit an appeal to the Town. The decision of the Finance Director may be appealed in accordance with Section 5.04.130. 5.04.110. Revocation—causes—notice and hearing. (a) A business license may be revoked for the following grounds: (1) Fraud, misrepresentation or false statement contained in the application of the license; (2) Fraud, misrepresentation or false statements made in the course of carrying on the licensed business; (3) Failure to pay sales tax, accommodations tax or other applicable tax or fees to the Town of Avon; ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 10 of 14 (4) For vendors, solicitors and peddlers: failure to comply with the vendor regulations or the terms of a vendor license permit; (5) For vendors, solicitors and peddlers: any violation of the ordinances of the Town involving moral turpitude; (6) For vendors, solicitors and peddlers: conviction of any crime or misdemeanor involving moral turpitude; or, (7) For vendors, solicitors and peddlers: conducting business in an unlawful manner or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public. (b) The Finance Director may revoke a business license in accordance with the following procedures: (1) The Finance Director shall submit a written notice of revocation to the business licensee, stating the following: (i) the grounds for revocation; (ii) requesting information if necessary; (iii) stating corrective action if applicable and appropriate; (iv) stating the appeal rights of the business licensee; (v) identifying the last day to file an appeal with the Town and stating that the revocation shall become effective on day after if no appeal is filed; and, (vi) stating that conduct of business without a business license shall be a violation of this Chapter. (2) Written notice shall be sent by U.S. first class mail to the address provided in the business license application. Notice shall be deemed given on the date that notice is deposited in the U.S. mail. (c) The Finance Director may immediately suspend a business license pending a written notice of revocation if the Finance Director has that reasonable grounds to believe that the business licensee has failed to comply with any regulation and that the violation creates an immediate threat to the health, safety and general welfare of the Avon community. (d) The decision of the Finance Director may be appealed to the Avon Town Manager in the manner and in accordance with procedures set forth in Section 5.04.120. ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 11 of 14 5.04.120. Appeal. (a) Appeal to Town Manager. The business owner (“appellant”) may appeal the decision of the Finance Director to the Town Manager. The appellant shall file a written appeal with the Town Manager within thirty (30) days after the date of transmittal of a written decision of the Finance Director or designee to deny or revoke a business license. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Finance Director’s decision shall bar any further consideration of the application, shall bar any appeal to the Town Manager and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Manager within forty-five (45) days after the date of receipt. The Town Manager’s review shall be de novo. The Town Manager may conduct a hearing if determined necessary by the Town Manager to ascertain additional facts relevant to the appeal. The Town Manager shall provide at least three (3) days’ prior notice to the appellant stating the date, time and location where the Town Manager will conduct a hearing. The decision of the Town Manager shall be in writing, shall state the appellant’s right to appeal the decision to the Town Council, shall state the last day to submit an appeal to the Town, and shall be sent by U.S. first class mail to the appellant. The decision of the Town Manager may be appealed to the Town Council. (b) Appeal to Town Council. The appellant may appeal the decision of the Town Manager to the Town Council. The appellant shall file a written appeal with the Town Clerk within thirty (30) days after the date of transmittal of a written decision of the Town Manager to deny an appeal. The failure to file a written appeal within thirty (30) days after the date of transmittal of the Town Manager’s decision shall bar any further consideration of the application, shall bar any appeal to the Town Council and shall bar any judicial review by a Colorado court. The written appeal shall state the reasons for the appeal. An appeal which is filed timely shall be considered and acted upon by the Town Council within forty-five (45) days after the date of receipt. The Town Council’s review shall be de novo. The Town Council shall conduct a hearing. The Town Council shall provide at least three (3) days’ prior notice to the appellant stating the date, time and location where the Town Council will conduct a hearing. The decision of the Town Council shall be in writing and shall be sent by U.S. first class mail to the appellant. The decision of the Town Council shall be the final decision of the Town and shall be final on the day that the Town Council takes action to adopt its findings in writing. 5.04.130. Violation – penalty. Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 12 of 14 which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 5.04.140. Unpaid fees, penalties and interest a prior lien. (a) The fees, penalties and interest imposed by this Chapter shall be a first and prior lien upon the goods and business fixtures owned or used by any business required by the provisions of this Chapter to submit a business license return and make payment of the fees, penalties and interest. (b) The lien created by Subsection (a) above shall be construed to be liens and encumbrances upon the specific items of personal property therein enumerated, and shall take precedence over all other liens, encumbrances or claims of whatsoever nature, and shall immediately attach to such items without the necessity of the filing of any notice of lien thereof. 5.04.150. Enforcement of Fees and Penalties and foreclosure of liens. (a) If any fee, penalty or interest imposed by this Chapter and not paid within fifteen (15) days after the same are due, the Director of Finance shall issue a warrant under his or her official seal directed to any duly authorized revenue collector, or to the sheriff of any county in this State commanding him or her to levy upon, seize and sell sufficient personal property of the tax debtor which is subject to the liens created by Section 5.04.150 found within his or her county for the payment of the amount due, together with interest, penalties and costs. (b) Simultaneously with the issuance of said warrant, the Director shall issue a notice of payment lien, setting forth the name of the business, the amount of the fee, penalties, interest and costs, the date of the accrual thereof, and that the Town claims a first and prior lien therefor on the tangible personal property of the business subject to said liens. (c) Such notice shall be on forms prepared by the Director, shall be verified by him or her, and shall be filed in the office of the clerk and recorder of any county in this State in which the business owns tangible personal property subject to said liens. (d) Upon the filing of said notice of lien, the effective date of the lien shall relate back to the date of the first transaction for which any fee is due Section 9. Amendment to Avon Municipal Code Chapter 5.16 Chapter 5.16 Peddlers and Solicitors of the Avon Municipal Code is repealed in its entirety. Section 10. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 13 of 14 substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 11. 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 12. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 13. 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 14. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 15. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXCUTION PAGE FOLLOWS] ATTACHMENT A: ORD NO. 15-02 Ord 15-02 Amending Chapters 1.04, 3.08, 3.12, 5.04 and 5.16 March 6, 2015 – FIRST READING Page 14 of 14 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 10, 2015 and setting such public hearing for March 24, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on March 24, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT A: ORD NO. 15-02 Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Intergovernmental Agreement for Joint Fire/Police Facility DATE: March 6, 2015 Summary: The Eagle River Fire Protection District (“ERFPD”) and the Avon Police Department have explored the possibility of a constructing a joint Fire Station/Police Station facility on property owned by ERFPD on the corner of Nottingham Road and Buck Creek Road (“Joint Public Safety Facility”). As a result of concurrent efforts by NexCore LLC to explore locations for a potential medical office building, a proposal has been presented whereby the ERFDP would sell Lot 1A, Buck Creek PUD to NexCore (aka Avon MOB LLC) and Avon MOB LLC would acquire Lot 1B, Buck Creek PUD and convey this property to ERFPD (or in the alternative, Avon MOB LLC would assign its right to acquire Lot 1B to ERFPD). ERFPD has asked Avon for financial assistance to facilitate the sale of Lot 1A. There are many details associated with pursuing a Joint Public Safety Facility, therefore a draft intergovernmental agreement (“IGA”) is presented to the Avon Council to begin discussions on crafting an appropriate agreement. Timing and Action to Adopt IGA: The IGA addresses “Temporary Financing” to be provided by the Town of Avon to facilitate the ERFPD’s sale of Lot 1A; therefore, the IGA must be finalized and executed prior to the closing on Lot 1A. Currently, the closing on Lot 1A is scheduled for June 8, 2015. The target date to finalize the IGA is proposed as the regular Council meeting on April 28, 2015. The IGA may be adopted by resolution and will require the concurring vote of 4 Council members per Avon’s Charter because the proposed term of the IGA is less than 10 years. Overview of IGA Terms: The IGA addresses matters which are known at this time and sets forth certain commitments for the ERFPD and Avon to work together cooperatively towards the construction of a Joint Public Safety Facility. The terms of the IGA are specific with regard to the Temporary Financing and with regard to commencement of the design process in 2015. Although there has been some conceptual work performed on a Joint Public Safety Facility, there is considerable detail that is yet to be determined and costs that are yet to be identified such that the specific details of construction financing, construction management, ownership and proportionate cost sharing cannot be determined at this time. Therefore, the IGA contemplates cooperation and additional agreements to address such issues as the Parties move forward with the design process. Recitals: The WHEREAS clauses are detailed in order to explain the background, current status and intention of the Parties. Section 2. Intent: Section 2 addresses the intent of the Parties. Section 3. Temporary Financing: Due to existing Certificate of Participation bonds and costs for early repayment in order for ERFPD to sell Lot 1A, the proceeds from the proposed sales price ($3.59 Million) will be approximately $825,000 short of the amount necessary to pay-off the existing bonds. ERFPD does not have surplus reserves in excess of its minimum reserve policies. According to the ERFPD’s financial consultants, the actual shortfall in pay-off of the existing bonds will depend upon the interest rates at the time of the closing and may change by $5,000 plus or minus. The maximum Temporary Financing amount M EMORANDUM & PLANNING, LLC Avon Town Council IGA for Joint Public Safety Building March 6, 2015 Page 2 of 3 IGA for Joint Public Safety Building March 6, 2015 Page 2 of 3 proposed is $830,000. Avon has this amount available in surplus reserves (i.e. reserves in excess of Avon’s minimum reserve policy) and can appropriate this amount for expenditure in 2015. The proposed terms for repayment are semi-annual payments of 10% of the actual amount of the Temporary Financing (i.e. 20% repayment per year) with no interest, which would result in repayment in 5 years. NOTE: due to the limitations of Article X of the Colorado Constitution (“TABOR”) the ERFPD’s obligation to repay Avon is “subject to annual budget and appropriation” meaning that it is a good faith obligation but subject to the discretion of the Board of Directors of the ERFPD when adopting its budget for each year. For this reason, the IGA includes sections 3.d. Collateral for Payment of Promissory Note and 3.e. Appropriation for Repayment. Collateral: ERFPD has proposed to pledge its ladder truck. The ladder truck was purchased in 2008 for $949,546. It has a book value at December 31, 2014 of $506,425 and is being depreciated over a 15 year period. The ladder truck is currently under a capital lease with US Bancorp and has a remaining balance of $329,554 as of February 28, 2015, with 3 remaining annual installments of $111,679 due. The lease will mature on Feb. 28, 2018. The current book value minus the remaining balance is $176,871. Nearly all of the ERFPD rolling stock is subject to lease purchase agreements which leave little book value remaining. The majority of ERFPD’s station sites are occupied by lease or the deed is subject to reversionary clauses if not used for fire protection. As a public entity, the ERFPD cannot provide a deed of trust on real estate; therefore, in order to use real estate as “collateral” the ERFPD would have to agree to “sell” such parcel to Avon, actually convey the parcel, and Avon would then agree to “sell” the parcel back to ERFPD. Although possible, this is a cumbersome process to provide collateral through the use of real estate by a public entity. Discussions concerning potential collateral with ERFPD and I am not able to identify or propose assets of sufficient value at this time (if such asset in the amount of $830,000 exist). Council’s direction on the minimum required collateral for the Temporary Financing is sought at the work session. Appropriation for Repayment: A current year appropriation for payments in 2015 or subsequent years is legally binding and not a violation of the TABOR’s limitations on multi-year fiscal obligations. This provision was added to fund the difference between the minimum required collateral and the amount of Temporary Financing. ERFPD has proposed an appropriation of $100,000 for its payment in 2015, which per the terms would be a payment in the amount of 10% of the Temporary Financing. Council’s direction on the Appropriation for Repayment is sought at the work session. Section 4. Pre-Conditions to Temporary Financing: This section states that Avon’s commitment to provide the Temporary Financing is contingent upon the approval of development applications for both Lot 1A and Lot 1B and the closing on Lot 1A and Lot 1B. Due to the interrelated nature of the property transactions and financing, a simultaneous closing is expected to occur for both Lots 1A and 1B on the same day. Section 5. Design: The IGA addresses a commitment to proceed with a cooperative joint design process whereby each entity would appropriate $100,000 in 2015 to commence the design process. This section references an Exhibit A: Joint Design Process which would address more detail for the design process, including the request for proposal process, defined scope of work, project description, administration of the Avon Town Council IGA for Joint Public Safety Building March 6, 2015 Page 3 of 3 IGA for Joint Public Safety Building March 6, 2015 Page 3 of 3 design process and other related details. Exhibit A: Joint Design Process has not yet been drafted and will need input from the ERFPD Fire Chief and Avon Police Chief, Town Manager and Town Engineer to include appropriate details. A draft is planned to be presented to Council at the March 24, 2015 regular meeting. Council member Megan Burch suggested the inclusion of retaining a third party owner’s representative to facilitate the design of the Joint Facility which may be a good idea to improve realistic cost estimating early in the process. Sections 6 through 9 address the Construction Bid Process, Construction Financing, Sale and Conveyance of a Portion of Lot 1B to Avon, and actual Construction. Although it is appropriate to identify these steps in the IGA to reflect the intention and goals of the Parties, the actual details will be driven primarily by the design of the Joint Facility, therefore, until the design process has progressed it is not productive to guess at these details. Section 10. Term. The term of the IGA is proposed as June 2, 2020, which is day after the tenth 10% payment scheduled for June 1, 2020. The stated intention and goal is for the Parties to proceed with construction of a Joint Facility prior to the expiration of this IGA. However, if the Parties are not able to commence the Joint Facility project in five years and the Temporary Financing is repaid in full, then it would seem appropriate that any extension of this IGA or any new IGA should be determined by the respective governing boards at that time. REQUESTED DIRECTION: Council direction is requested on this draft IGA. Thank you, Eric ATTACHMENTS: March 6, 2015 DRAFT IGA FOR A JOINT FIRE-POLICE STATION FACILITY IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 1 of 10 INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into on ___________, 2015, (“Effective Date”) by the Town of Avon, a home rule municipal corporation of the State of Colorado (“Avon”) and the Eagle River Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado organized under Title 32 of the Colorado Revised Statutes (“Fire District”) (collectively, the “Parties,” and each individually a “Party”). RECITALS WHEREAS, the Fire District is under contract to sell Lot 1A, Buck Creek PUD, as described and defined in the Plat recorded December 30, 2009, at Reception No. 200927819, County of Eagle, State of Colorado (“Lot 1A”), and in accordance with the terms of a purchase and sale agreement with Avon MOB LLC (“Avon MOB”) with an effective date of February 25, 2015; and the Fire District is under contract to acquire Lot 1B, Buck Creek PUD, as described and defined in the Plat recorded December 30, 2009, Reception No. 200927819, County of Eagle, State of Colorado (“Lot 1B”), and in accordance with the terms of an assigned purchase and sale agreement between Avon MOB and Buck Creek Associates LTD, a Colorado corporation (“Buck Creek Assoc.”) with an effective date of February 25, 2015, which sale of Lot 1A and acquisition of Lot 1B is intended to enable the Fire District to proceed with the design, financing and construction of a joint Fire District fire station and Avon police station facility on Lot 1B (“Joint Facility”); and, WHEREAS, Avon desires to support and facilitate the Fire District’s ability to sell Lot 1A and acquire Lot 1B and pursue a Joint Facility with Avon for reasons which include but are not limited to: (1) establishing an improved fire station facility to serve the Avon region with a location that can improve response times and with a facility that can house a ladder truck to improve response time to tall buildings in and near Avon; (2) establish a joint public safety facility with the Avon police department and thereby promote significant efficiencies in cooperation and coordination as well as improve operational efficiencies through shared space; and, (3) facilitate the relocation of the existing Avon fire station from property owned by Avon in the central core area to enable Avon to plan and reuse this site for other municipal and/or public purposes; and, WHEREAS, the proceeds of the sale of Lot 1A are insufficient to repay in full the existing debt on Lot 1A and the Fire District has requested that Avon provide temporary financing in an amount not to exceed $830,000.00 (“Temporary Financing”) to assist the Fire District’s ability to sell Lot 1A and to acquire Lot 1B while maintaining reasonable Fire District reserves; and, WHEREAS, Avon and the Fire District desire and intend that Avon and the Fire District will diligently design a Joint Facility and will cooperate on all matters related to determining the optimum programing, financing and construction terms for the Joint Facility; and, ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 2 of 10 WHEREAS, Avon represents its desire and intent to aquire an undivided or proportionate interest in Lot 1B upon completion of the design and closing on construction financing for a Joint Facility (“Construction Closing”) and to apply the outstanding balance of the Temporary Financing towards Avon’s proportionate share of the Joint Facility for the Avon police station as such amount is further defined in this Agreement; and, WHEREAS, the Fire District represents that it intends to continue to budget and appropriate approximately $400,000 per year towards a fire station property in Avon, including the repayment of the Temporary Financing, or, if such repayment is no longer necessary upon Construction Closing as is further defined in the terms of this Agreement, for payment of the Fire District’s proportionate share of a Joint Facility for the fire station as such amount is further defined in this Agreement; and, WHEREAS, the Fire District has taken actions to appropriate funds as required in this Agreement and has taken action to approve the purchase and sale agreement for Lot 1A, Buck Creek PUD and the purchase and sale agreement for Lot 1B, Buck Creek PUD; and, WHEREAS, Avon has taken action to appropriate funds as required in this Agreement; and, WHEREAS, Avon and the Fire District desire to set forth the terms and conditions for Avon and ERFPD concerning the terms of short term financing provided by the Town of Avon and the design, construction, ownership and operation of a joint fire and police station facility; and, WHEREAS, this Agreement is authorized pursuant to §29-1-201 and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution; and, WHEREAS, Avon has taken action to approve this Agreement by adoption of Resolution No. _____ by the concurring vote of four Council members in accordance with Section 5.5 of the Avon Home Rule Charter; and, WHEREAS, the Fire District has taken action to approve this Agreement by adoption of Resolution No. ________. NOW THEREFORE, in consideration of the covenants and mutual agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties hereto agree as follows: 1. Effective Date. This Agreement shall commence on the Effective Date. 2. Intent. It is the intent of Avon and the Fire District to jointly design, finance and construct a Joint Facility in accordance with the following terms and schedule: a. Fire District to sell Lot 1A and purchase Lot 1B by June, 2015, or as of any date to which the closing may be extended, which is anticipated to be a simultaneous property closing (“Property Closings”). Avon agrees to provide Temporary Financing to assist with the sale of Lot 1A at the Property Closings. ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 3 of 10 b. Fire District and Avon to commence design of a Joint Facility promptly after the Property Closings and to complete design of a Joint Facility by June 1, 2016. c. Fire District and Avon to jointly bid the Joint Facility project in the third or fourth quarter of 2016. d. Fire District and Avon to determine the best available construction financing and to determine the terms for ownership and repayment by and between the Fire District and Avon by the first quarter of 2017. e. Fire District and Avon to enter into a contract, or contracts, to construct the Joint Facility, close on construction financing, and commence construction by the second quarter of 2017. Fire District agrees to convey an undivided interest in Lot 1B to Avon based on site design and proportionate share of site usage. Fire District and Avon agree to revise, amend, modify and/or update the terms for ownership and repayment of Construction Financing as determined appropriate. f. Fire District and Avon to complete construction of Joint Facility and move in to new facility in the third quarter of 2018. g. Avon hereby acknowledges and confirms that that both the sale and conveyance of Lot 1A and the acquisition of Lot 1B by the Fire District are exempt from Avon’s real property transfer tax which shall not apply when the transfer is one in which a district or other political subdivision of the State is either grantor or grantee, Section 3.12.060(1), Avon Home Rule Charter and Code. Avon agrees to provide whatever documentation may be required to confirm this exemption to any title company or closing agent for either transaction. 3. Temporary Financing. a. Appropriation of Funds by Avon. Avon has appropriated [EIGHT HUNDRED AND THIRTY THOUSAND DOLLARS ($830,000.00)] and represents and agrees that such amount is available to the Fire District for temporary financing (“Temporary Financing”) to be used exclusively for the pay-off of the existing financing on Lot 1A by defeasance of the outstanding Certificates of Participation issued in 2009 and which Temporary Financing shall be provided subject to the terms and conditions described in this Agreement. b. Tender of Funds at Closing. Avon agrees to provide and make available good funds in an amount not to exceed $830,000.00 at the Closing on Lot 1A by wire transfer to the Closing Agent for Lot 1A. c. Terms of Repayment. The Fire District shall enter into a promissory note (“Note”) with Avon with the following terms: i. The Fire Dsitrict and Avon are both governmental entities representing the same taxapayers as regards this project within the jurisdictional boundaries of the Town of Avon; therefore, these parties agree that the funds advanced by Avon shall be ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 4 of 10 repayable by the Fire District without interest, with the except that interest due in the event of default at the rate of EIGHT PERCENT (8%) per annum. ii. Payment shall be made in semi-annual payments commencing on December 1, 2015 and continuing on June 1 and December 1 thereafter until the principal balance of the Promissory Note is paid in full. Each semi-annual principal payment shall be equal to not less than ten percent (10%) of the original principal amount of the Temporary Financing provided by Avon, without interest and with no penalty for prepayment. A payment schedule shall be prepared and approved by both parties after the financing of the District’s purchase of Lot 1B is finalized. iii. Avon agrees that any repayment of the Temporary Financing received by Avon shall be earmarked and pledged as a contribution towards Avon’s proportionate share of the Joint Facility until this Agreement expires. iv. If the Parties proceed with the issuance of Construction Financing for a Joint Facility as contemplated below prior to the full repayment of the Temporary Financing and expiration of the Term of this Agreement, then the outstanding balance of the Temporary Financing may be extinguished and such amount may be applied as a credit for the benefit of Avon for Avon’s proportionate share of the cost of Lot 1B and cost of the construction of the Joint Facility. d. Collateral for Payment of Promissory Note. Upon the prior written consent of Lessor, Fire District hereby agrees to assign its interest as Lessee under a certain Master Tax-Exempt Lease Purchase Agreement, dated May 30, 2012, (“Lease/Purchase Agreement”) with U.S. Bancorp Government Leasing and Finance, Inc. as Lessor to Avon to secure its repayment of the Temporary Financing. This Lease Purchase Agreement is for a 2008 Pierce Quantum 100” Platform Fire Truck, VIN #4P1CU01HX8A008545, originally purchased for $962,720.00, having a Termination Amount of $329,554.95 as of March 1, 2015. The Fire District agrees that it shall be solely responsible to make the payments required by the terms of the Lease through the end of the Lease Term. At such time as this Lease is paid in full, if the Temporary Financing has not been repaid in full, the Certificate of Title to this unit shall be delivered to Avon and the Fire District shall execute a Security Agreement granting a security interest to Avon in this unit to secure the payment of the Promissory Note. e. Appropriation for Repayment. The Fire District agrees to appropriate not less than ONE-HUNDRED THOUSAND DOLLARS ($100,000.00) of its reserves for repayment of the Temporary Financing for its fiscal year ending December 31, 2015. f. Payment Obligation. The Fire District’s payment obligation to repay the Temporary Financing shall be subject to annual budget and appropriation, which shall be determined in the sole discretion of the Fire District. The Fire District agrees to consider in good faith including such payment in the annual budget for each year in which payments are to be made. ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 5 of 10 4. Pre-Conditions to Temporary Financing. As a pre-condition to Avon providing the Temporary Financing funds, the following contingecies shall all be satisfied: a. Development Application Approval for Lot 1A. Avon MOB LLC, as the development application applicant, shall obtain approval of an Avon Comprehensive Plan amendment application, Rezoning application, and Development Plan application and other development applications for Lot 1A as may be applicable pursuant to Avon’s regulations. This Agreement shall not operate to compel, restrict, or influence in any manner Avon’s discretionary authority to review and act upon development applications in accordance with applicable regulations and procedures of the Town of Avon. The District acknowledges and agrees that Avon retains its complete discreationary authority to review development applications in accordance with the public process and in accordance with applicable review criteria. b. Development Application Approval for Lot 1B. The Fire District shall obtain approval of an Avon Comprehensive Plan amendment application and Rezoning application for Lot 1B. This Agreement shall not operate to compel, restrict, or influence in any manner Avon’s discretionary authority to review and act upon development applications in accordance with applicable regulations and procedures of the Town of Avon. The District acknowledges and agrees that Avon retains its complete discreationary authority to review development applications in accordance with the public process and in accordance with applicable review criteria. c. Closing on Lot 1A. Any and all contingencies on for the sale of Lot 1A shall be satsified, including but not limited to pay-off of existing financing. d. Closing on Lot 1B. Any and all contingencies for the purchase of Lot 1B by the Fire District shall be satsified, including but not limited to closing on financing for acquisition of Lot 1B. 5. Design. Avon and the Fire District agree to commence and complete design of a Joint Facility promptly after the Property Closings, in accordance with the following terms: a. Design Process. Avon and the Fire District shall mutually determine the proposed scope of work, minimum qualifications for designers, request for qualifications and/or request for proposals, procedure for selecting a designer, contract to retain a design, administration of the design process and acceptance of the work and final design. The design process shall result in a final Joint Facility design (“Joint Facility Design”) that will be used by the Parties for construction bids, financing and construction of the Joint Facility. The design process is more fully described in Exhibit A: Joint Design Process which shall be subject to amendments, revisions and extensions as may be mutually agreed by Avon and Fire District. b. Appropriation by Avon. Avon has appropriated and agrees to make available $100,000.00 in 2015 in funds for Avon’s proportionate share of design of a Joint Facility. ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 6 of 10 c. Appropriation by Fire District. Fire District has appropriated and agrees to make available $100,000.00 in 2015 in funds for Fire District’s proportionate share of design of a Joint Facility. 6. Construction Bid Process. Avon and the Fire District shall mutually determine a construction bid process for the Joint Facility using the adopted Joint Facility Design. 7. Construction Financing. Avon and the Fire District shall cooperatively explore the best financing options for the construction of the Joint Facility, which may include consideration of any financing method legally available to Avon or the Fire District. Avon and/or the Fire District may be required to refer debt authorization to the each entity’s electorate in accordance with Section 20 of Article X of the Colorado Constitution (“TABOR”). Avon and the Fire District each reserve the right to refer a ballot issue on financing or any other matter associated with the Joint Facility to their respective electorate. 8. Sale and Conveyance of Portion of Lot 1B to Avon. Prior to Construction Financing the Fire District agees to sell and convey that portion of Lot 1B to Avon which is required to serve the Police Station facility as shall be mutually determined, along with a party wall agreement; which may include common areas of joint ownership including but not limited to: driveway access, parking, hallways, reception areas, break rooms, bathrooms, and meeting room space; and which may include a combination of a deeded portion of Lot 1B and common ownership; or, may include other property ownership interests as mutually determined appropriate by the Parties. The Parties agree that Avon’s proportionate share shall be applied to the total cost of acquisition of Lot 1B by ERFPD and such amount shall not be adjusted for appreciation, depreciation or fair market value appraisal. 9. Construction. Avon and the Fire District shall mutually determine the form of construction contracts, the administration of the construction contracts and construction process, and the acceptance of the construction of the Joint Facility. 10. Term. This Agreement shall expire on June 2, 2020. 11. Arbitration. The Parties agree that any dispute that may arise under this Agreement will be resolved by arbitration. 12. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Fire District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the Fire District, or any other entity not a party hereto. 13. Severability. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 7 of 10 14. Amendments. This Agreement may be amended from time to time by a written agreement duly authorized and executed by all the Parties to this Agreement. 15. Survival of Terms. The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. 16. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or any right or obligation contained herein, to another party without the express written consent of the other Party and any attempt to do so shall be void and ineffective. 17. Complete Agreement. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. 18. Governing Law, Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. 19. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, or sent via electronic transmission provided that such transmission is acknowledged by the receiving Party, addressed to the Parties as follows: TO ERFPD: The Eagle River Fire Protection District 351 Benchmark Road Post Office Box 7980 Avon, CO 81620 Attn: Karl Bauer E-Mail: with copy to: James P. Collins Collins, Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 E-Mail: jcollins@cccfirm.com ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 8 of 10 TO AVON: Town of Avon One Lake Street Post Office Box 975 Avon, CO 81620 Attn: Virginia Egger, Town Manager E-Mail: vegger@avon.org with copy to: Eric J. Heil, Avon Town Attorney One Lake Street Post Office Box 975 Avon, CO 81620 E-Mail: eric@heillaw.com [EXECUTION PAGE FOLLOWS] ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 9 of 10 EXECUTED as of the date first written above. TOWN OF AVON, COLORADO BY: ATTEST: _____________________________________ ______________________________ Jenny Fancher, Mayor Debbie Hoppe: Town Clerk APPROVED AS TO FORM: ____________________________________ Eric J. Heil, Esq., Avon Town Attorney ATTACHMENT A IGA ERFPD-TOA Joint Fire-Police Station Facility – DRAFT March 6, 2015 Page 10 of 10 EXECUTED as of the date first written above. EAGLE RIVER FIRE PROTECTION DISTRICT BY: ATTEST: ____________________________________ _____________________________ Jennifer Cartmell Hays, Chairperson Clark Shivley, Secretary APPROVED AS TO FORM: ____________________________________ James P. Collins, Esq. ATTACHMENT A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: March 10, 2015 Agenda Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for February 2015, which lists complimentary three-day passes to the WinterWonderGrass Music Festival (WWG) from February 20th through February 22nd for full-time employees of the Town of Avon. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a report gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1. 2015 WinterWonderGrass Music Festival (WWG) Three-Day Passes – Town of Avon full-time employees were offered a complimentary three-day pass to WWG from February 20th through February 22nd. Each pass is valued at $149.00. Submitted to the Avon Town Council on March 10, 2015. _________________________________ Debbie Hoppe, Town Clerk