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TC Council Packet 04-21-2015 Updated TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 21, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM MEETING BEGINS AT 5:05 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 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) REGULAR MEETING BEGINS AT 5:05 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. ACTION ITEMS 4.1. PUBLIC HEARING FIRST READING OF ORDINANCE NO. 15-03, SERIES OF 2015, AN ORDINANCE AMENDING THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1A, BUCK CREEK PUD TO THE MIXED-COMMERCIAL ZONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) 4.2. PUBLIC HEARING FIRST READING OF ORDINANCE NO. 15-04, SERIES OF 2015, AN ORDINANCE AMENDING THE AVON COMPREHENSIVE PLAN AND REZONING LOT 1B, BUCK CREEK PUD TO THE PUBLIC FACILITIES Z ONE DISTRICT (PLANNING MANAGER MATT PIELSTICKER) 4.3. 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 PROCESS FOR DESIGN, COST ESTIMATING, BIDDING AND CONSTRUCTION MANAGEMENT OF THE C ENTER (TOWN ATTORNEY ERIC HEIL) 4.4. ACTION ON A PROPOSED INCREASE ABOVE THE COST OF LIVING ADJUSTMENT FOR THE UPPER EAGLE REGIONAL WATER AUTHORITY’S WATER SYSTEM IMPACT FEE (JASON COWLES, U ERWA) 4.5. RESOLUTION NO.15-08 A R ESOLUTION APPROVING THE AUTHORITY AGREEMENT AMENDING AND RESTATING THE AGREEMENT ESTABLISHING THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE MASTER SERVICE CONTRACT (“AUTHORITY AGREEMENT”) AND APPROVING A LETTER AGREEMENT REGARDING TRAER CREEK WATER RIGHTS (“LETTER A GREEMENT”) (TOWN ATTORNEY ERIC HEIL) 4.6. ACTION ON NOTICE OF AWARD, 2015 ASPHALT OVERLAY CONTRACT FOR STREET IMPROVEMENTS (TOWN ENGINEER JUSTIN HILDRETH) 4.7. FIRST READING OF ORDINANCE NO. 15-05, SERIES OF 2015, AN ORDINANCE AMENDING THE TOWN CODE OF ETHICS (TOWN ATTORNEY E RIC HEIL) 4.8. MINUTES FROM MARCH 24, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) Page 1 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 21, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET 5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 5.1. WILDFIRE MODULE UPDATE (MAYOR JENNIE FANCHER) 5.2. EAGLEBEND, KAYAK CROSSING & BUFFALO RIDGE AFFORDABLE HOUSING BOARDS (COUNCILOR MEGAN BURCH) 6. MAYOR & COUNCIL COMMENTS 7. WRITTEN REPORTS 8. ADJOURNMENT Page 2 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 21, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT - COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA 4. RENEWAL OF LIQUOR LICENSES 4.1. APPLICANT: MONTANA’S CANTINA & GRILL, LLC D/B/A MONTANA’S CANTINA & GRILL LOCATION: 82 E. BEAVER CREEK BLVD. UNIT 114 TYPE: HOTEL AND RESTAURANT MANAGER: THOMAS BEAVER 4.2. APPLICANT: WALMART STORES, INC. D/B/A WALMART #1199 LOCATION: 171 YODER AVE TYPE: 3.2% BEER LICENSE MANAGER: SAMUEL POTHIER 5. MINUTES FROM FEBRUARY 24, 2015 6. ADJOURNMENT Page 3 PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 1 TOWN COUNCIL COVER REPORT To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 7, 2015 Agenda Topic: PUBLIC HEARING – Ordinance 2015-03 & Ordinance 2015-04 Case Numbers - #REZ15001, #REZ15002, #CPA15001, & #CPA15002 Buck Creek Medical Office Building & Police/Fire Joint Facility Summary Before the Avon Town Council are two (2) rezoning and two (2) Comprehensive Plan Amendment applications related to the development of a Medical Office Building (“MOB”) and joint Police/Fire Public Safety Facility. The applications come to the Avon Town Council with a favorable recommendation (Attachment A) from the Planning and Zoning Commission (“PZC”), who held a public hearing on March 17, 2015. This cover memorandum summarizes the proposal, proposed mitigation of impacts, available Council actions, and details of supporting documents and attachments. Synopsis • Lot 1A is owned by the Eagle River Fire Protection District (ERFPD) and is zoned PUD • Lot 1B is owned by Buck Creek Associates LTD in care of Oscar Tang and is zoned PUD • NexCore Group, Applicant for Lot 1A, entered into a purchase & sale agreement with Eagle River Fire Protection District (“ERFPD”) for the acquisition of Lot 1A and with Oscar Tang for the acquisition of Lot 1B • ERFPD, Applicant for Lot 1B, has entered into a purchase agreement with NexCore for the acquisition of Lot 1B • NexCore Group intends to develop Lot 1A as a medical office building • ERFPD intends to develop Lot 1B in partnership with the Town of Avon for a joint public safety facility • Lot 1A must be rezoned from PUD to Mixed-Use Commercial (MC) to allow the use of a medical facility • Concurrently, Lot 1A will require a Comprehensive Plan amendment to change the land use designation from the Neighborhood Commercial (NC) designation to Mixed Use (MC) • Lot 1B must be rezoned from PUD to Public Facilities (PF) to allow the use of a public safety facility • Concurrently, Lot 1B will require a Comprehensive Plan amendment to change the land use designation from the Neighborhood Commercial (NC) designation to Civic/Public PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 2 Land Use Files Attachment B • Case #CPA15001: Comprehensive Plan Amendment for Lot 1A, Buck Creek PUD • Case #REZ15001: Rezoning of Lot 1A from PUD to Mixed-Use Commercial (MC) Attachment C • Case #CPA15002: Comprehensive Plan Amendment for Lot 1B, Buck Creek PUD • Case #REZ15002: Rezoning of Lot 1B from PUD to Public Facilities (PF) Initial Development Concept for Lots 1A & 1B The following schematic design was developed to represent Nexcorp Group’s desired site layout for developing Lot 1A with medical office uses, as well as initial programming for Lot 1B to meet the current and future needs of the ERFPD and Avon Police Department with a joint public safety facility. The plan demonstrates functional site layout, parking locations, access conditions, proximity to roadways, and a future bus stop on Swift Gulch Road. The architecture team worked closely with the Avon Police and ERFPD to develop what both entities’ believed was a workable schematic design. While preliminary, it validates that a potential 35,900 sf. building is feasible if the maximum program was pursued for this site. PUBLIC HEARING – Ordinance 2015-03 & 2015-04 | Medical Office Building & Joint Public Safety Page | 3 Process Two zoning processes to review and evaluate the proposal were outlined to the Applicant during pre-application conferences: 1) Major PUD Amendment, and 2) Rezoning. The following summarizes some of the similarities and differences between the two: • Major PUD Amendment includes a Preliminary and Final Process, which adds approximately 2-3 months from start to finish. • Submittal requirements for Major PUD Amendment includes more information on drainage, utilities, and natural hazards – typically found with Development Plans. • Rezoning to standard zone district classification mandates conformance with all Development Code requirements; PUD Amendments can provide for variances to Development Code requirements (i.e. less restrictive stream setbacks, taller height, varied road standards, etc). • Public Hearings with PZC and Council for both processes. • Zone Districts can provide more flexibility with building placement and mix of uses as long as meeting the zone district and development standards; PUD districts provide more assurance of exact building locations and where uses will occur in a building or within a site. In conclusion, the Applicant had the option which process track to select, both providing the same degree of review (with the Development Plan), but the Rezoning was selected due to its shorter time schedule to reach a final decision. Available Council Actions Pursuant to the Avon Development Code, the Avon Town Council has the following available actions with respect to the Applications: 1. Approval of Ordinance 2015-03 and Ordinance 2015-04 on 1st Reading, thereby upholding PZC’s recommendation and setting a Public Hearing date for 2nd Readings on April 28 or May 12. 2. Continue Ordinance 2015-03 and Ordinance 2015-04 on 1st Reading to a date certain. The Avon Development Code allows for the continuation of a public hearing for a maximum of sixty-five (65) days, or not later than the June 9, 2015 meeting. 3. Deny one or more applications by approving a motion, along with Findings of Fact which document that the decision(s) are based upon determination that the development application(s) do not comply with the applicable review criteria. TABLE OF CONTENTS LOT 1A 1 STAFF REPORT - CASE #REZ15001& CPA15001 1 LAND USE TABLE 15 LOT 1A COMP PLAN EXHIBIT 25 LOT 1A VICINITY MAP 26 BUCK CREEK PLAT 27 LOT 1A APPLICATION MATERIALS 28 ORDINANCE 2015-03 48 LOT 1B 53 STAFF REPORT – CASE #REZ15002 & CPA15002 53 LOT 1B COMP PLAN EXHIBIT 63 LOT 1B APPLICATION MATERIALS 64 ORDINANCE 2015-04 76 REPORTS & ANALYSIS 80 TRAFFIC TRANSIT DRAINAGE ANALYSIS 80 FHU TRAFFIC IMPACT ANALYSIS, DATED MARCH 9, 2015 84 PUBLIC COMMENTS & EX PARTE COMMUNICATION 113 PZC RECOMMENDATION 115 MEDICAL OFFICE BUILDING ECONOMIC CONSIDERATIONS 117 PUBLIC HEARING – REZ15001 & CPA15001 Page | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Brian Garner, Town Planner Date: April 1, 2015 Agenda Topic: PUBLIC HEARING – ORDINANCE 15-03 Case #CPA15001 & REZ15001 Rezoning of Lot 1A from PUD to Mixed-Use Commercial and Comprehensive Plan Amendment from Neighborhood Commercial to Mixed Use Designation Introduction The Applicant, Avon MOB, LLC, in a purchase & sale agreement to purchase the site (the “Property”) from the Eagle River Fire Protection District (“Owner”), has submitted a Rezoning application with a concurrent Comprehensive Plan Amendment application (collectively the “Application”). The Application is requesting to rezone the property from the current PUD zoning to the Mixed Use Commercial (MC) district and change the comprehensive plan land use designation from Neighborhood Commercial to Mixed Use. The intended development is for a medical office facility and the Application materials include a written narrative provided by NexCore Group. Process Comprehensive Plan Amendment & Rezoning: The review process requires review by the Planning and Zoning Commission (“PZC”) and the Town Council. The PZC and Town Council are each required to conduct a public hearing prior to taking action. After conducting a public hearing the PZC takes action by making a recommendation to the Town Council. The Town Council is then required to conduct a public hearing. Comprehensive plan amendments and rezonings require approval by adoption of an ordinance by Council. Both the PZC and the Town Council may continue the initial public hearing for additional public hearings up to a maximum of 65 days unless the applicant provides consent to a greater extension. Major Development Plan: The Applicant is also submitting an application for a Major Development Plan. A Major Development Plan application is reviewed by PZC. PZC is required to conduct a public hearing for review of Major Development Plan. Although the Major Development Plan is an independent application, the review process is expected to overlap with this application and staff is supportive of facilitating concurrent review to the extent practical. Background Originally, the property was platted as Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). In 1985, the property was replatted as Lots 1, 2, 3 and 4 of the Wildwood Resort Subdivision through Ordinance 85-4. The SPA had entitlements for a 150- unit hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses. Previous applications proposed between 4 and 6 stories of height with significant surface parking. The Town Council approved the current Buck Creek PUD First Amendment by the adoption of Ordinance 09-08 on August 11, 2009. The Town Council approved the subdivision creating Lots 1A and 1B by adoption of Resolution No. 09-41 on February 28, 2009. The PUD and Development Plan establish the land use and development standards for the property including but not limited to allowed uses, parking standards, setbacks and density. The current permitted use for Lot 1A is limited to a fire station, including 1 PUBLIC HEARING – REZ15001 & CPA15001 Page | 2 truck bays, duty quarters, offices, administration, meeting and training rooms, employee housing for fire district employees, and similar uses. Property Description Lot 1A is the southernmost lot of the Buck Creek PUD, located adjacent to Nottingham Road and Buck Creek Road. It is surrounded on the south and west sides by Town right-of-way and future development to the east (Lot 1B). The lot contains 2.17 acres and the topography descends gently from north to south with Buck Creek running parallel to the west lot line. The property has dry utilities stubbed in, roughly in the center of the lot which will need to be relocated as part of the development. Overlot grading was done several years ago and the surface is generally flat with native grasses holding to the soil. Application Summary The applicant is proposing a medical office building (MOB) which is not an allowed use in the current Buck Creek PUD for Lot 1A. In order to develop the property with the intended use, the applicant is required to rezone the property and was provided options to accomplish the desired use. One option is to amend the current PUD to allow the MOB together with primary and ancillary uses. A second option is to rezone Lot 1A to the Mixed-Use Commercial (MC) designation, established in the Avon Development Code, which expressly permits “Medical and dental clinics and offices”. The advantage to this zone designation is to provide clear use and development standards in a location that has developed with a similar mixed-use context. According to the Avon Development Code, “the MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district.” Concurrent with the rezone application, the applicant is requesting to change the Future Land Use Plan designation from Neighborhood Commercial to Mixed-Use Commercial so the zoning and Comprehensive Plan documents are in sync. Each land use designation allows vertically mixed development (i.e. residential above commercial) however, the Mixed-Use Commercial zone district increases the maximum building height from 38’ to 60’. 2 PUBLIC HEARING – REZ15001 & CPA15001 Page | 3 The land use designations and zoning are further analyzed and evaluated in this staff report. As the Application is proposed for a specific use, it needs to be understood what other uses can potentially occur should the property be rezoned to MC and the specified development of the MOB not occur. Development Code Purpose The Comprehensive Plan amendment review criterion and rezoning criterion inquires whether the purpose of the Development Code is promoted by the Application. As outlined in Sec. 7-04-030, “The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors.” The Development Code Purposes are restated as follows: Purposes: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; 3 PUBLIC HEARING – REZ15001 & CPA15001 Page | 4 (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. (Ord. 10-14 §3) Land Use Case #CPA15001: Request to Amend the Comprehensive Plan Land Use Designation Comprehensive Plan Amendment Analysis Lot 1A is currently designated as Neighborhood Commercial in the Comprehensive Plan. According to the Comprehensive Plan, “These areas are intended to provide neighborhood-focused retail and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently located near and connected with surrounding residential neighborhoods.” It should be understood that the land use designations depicted on the land use map do not supersede the Town’s zoning districts and regulations. The applicant is proposing to amend the Comprehensive Plan land use designation for Lot 1A from Neighborhood Commercial to Mixed Use. According to the Comprehensive Plan, “The intent of the mixed- use designation is to create an area providing commercial retail and service uses with a supporting mix of office, residential, lodging, and entertainment uses in an urbanized, pedestrian-oriented environment. A high proportion of lodging and other residential uses should be achieved in order to create the needed critical mass of population and activity to energize the Town Center District. Building should be vertically mixed, with retail, restaurants, and other commercial services located on the lower levels in order to encourage a high level of interest and pedestrian activity. Building design, siting, and orientation, as well as shared parking facilities and public gathering spaces create an environment that is appealing and inviting for pedestrians and vehicles.” The Neighborhood Commercial and the Mixed Use land use designation each allow vertically mixed development (i.e. residential above commercial) however, the Mixed-Use Commercial zone district increases the maximum building height from 38’ to 60’. Specific uses allowed under the respective zone districts (NC and MC and discussed in greater detail below) are nearly identical for each zone district. The most significant differences in allowed uses include hotel, motel and lodge uses being permitted in MC and not permitted in NC. District 13: Nottingham Road Commercial District The property is within the Nottingham Road Commercial District, which is a medium priority district. According to the Comprehensive Plan, “This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the Town’s identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development.” It should be noted that the medical office building does not seem to detract from the goal to create critical mass in the Town Center District. Since 2006, the Westin, Westin Timeshare West and the Wyndham projects have all been built in the Town Center District. Additionally, building heights remain tallest in the Town Center District. Planning Principles of District 13: • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view 4 PUBLIC HEARING – REZ15001 & CPA15001 Page | 5 • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road Due to grades in the vicinity, the proposed medical office building height will not be taller than structures on slightly higher grades to the west of the site. Additionally, the MOB will have maximum building height under 51-feet from the final finished grade of the site. Development intensity along Buck Creek Road will diminish and terminates with the Walking Mountains Science School. Comprehensive Plan Goals & Policies that Support the Application This staff report identifies specific Comprehensive Plan Goals & Policies that Town Staff believes supports the Application. Several Goals & Policies are subject to interpretation and do not contain exact standards or criteria for determining compliance. • Policy B.1.1: Require that development throughout the community fit the overall Built Form according to the Built Form Diagrams in this plan. • Policy B.1.8: Locate uses that generate traffic to areas near transit facilities or shared parking facilities to minimize automobile travel and “re-parking” within the same area. A new transit stop is planned in vicinity to facilitate mobility to this district of Avon. • Goal C.1: Provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic and recreational facilities, working in concert to strengthen Avon’s identity as both a year-round residential community and as a commercial, tourism and economic center. The proposed Medical Office Building use presents a significant opportunity for quality professional employment opportunities in Avon that diversifies from the predominant accommodation, service industry and construction jobs. • Policy C.1.1: Ensure that proposed development and redevelopment projects conform to the Future Land Use Plan’s designations and are a scale and intensity appropriate for the planning district in which they are located. The scale and intensity of the proposed development is appropriate for this part of Town identified in the Comprehensive Plan as “A secondary commercial district.” The proposed building height, while slightly taller than the previously entitled fire station facility, should buffer more intense uses from the public safety facility proposed to relocate to Lot 1B. • Policy C.1.2: Ensure each development contributes to a healthy jobs/housing balance in the Town and surrounding area. The medical office building diversifies the local economy and adds professional jobs to the community. • Goal C.4: Encourage sustainable commercial development that enhances Avon’s overall economic health, contributes to the community’s image and character, and provides residents and visitors with increased choices and services. A medical office facility is a sustainable development that will add jobs and diversify the local economy. • Goal D.1: Ensure that development and redevelopment is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. The medical office building will not impact views or solar access and will provide additional mobility options from the Nottingham Road Corridor, Nottingham Trail and the Avon Town Core. • Policy E.2.4: Encourage businesses that offer higher quality jobs for local residents within the region to relocate to Avon by promoting its available commercial land and buildings as well as its existing infrastructure and its accessible location. 5 PUBLIC HEARING – REZ15001 & CPA15001 Page | 6 Staff acknowledges that changing from NC to MC will marginally increase height and density, and many goals are promoted by the effected change. It should also be acknowledged that many goals and policies remain promoted by retaining the NC designation such as compatibility and density. Since each designation contemplates commercial development, Council shall determine the best suitability of the designation for the Nottingham Road Commercial District. Comprehensive Plan Amendment Review Criteria The review process and review criteria for Comprehensive Plan amendments are governed by AMC §7.16.030, Comprehensive Plan Amendment. The PZC shall use the criteria below as the basis for a recommendation on the Comprehensive Plan amendment portion of the application. Staff responses to each review criteria are provided. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Staff Analysis: The surrounding area is comprised of a variety of existing uses including differentiating levels of residential density, commercial and light industrial. The proposed Mixed Use land use designation is compatible and complimentary to the existing uses in the vicinity. The mixed use category is proposed to match the requested zone district of Mixed Use Commercial, which allows a medical center/hospital as a use by right. The intended use as a medical center/hospital on Lot 1A provides an essential public benefit to the Avon community that wouldn’t otherwise be accommodated with the current Neighborhood Commercial designation. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Analysis: The site is within a developed area with all infrastructure and services available to serve the demands of potential development rights associated with the Mixed Use designation. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Analysis: The site is within a developed area with all infrastructure, public services and facilities available to serve the demands of potential development rights associated with the Mixed Use designation. Additionally, a new transit stop facility is planned near the site to better serve the services in the vicinity. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Analysis: Though the current designation is still appropriate, the Mixed Use designation provides the appropriate transition from Town Center and Neighborhood Commercial zoned land uses located south of the site to residential zoned uses to the west and north. Lot 1A is slightly larger than other developed parcels in area, situated on the corner and close to the I-70 interchange. The property is separated from adjacent developed uses by Buck Creek Road and Nottingham Road. Furthermore, there is a lack of suitable or available property in the Town Core to accommodate the proposed medical office building use. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Staff Analysis: Strict adherence to the current plan will not allow the development of a medical office building on Lot 1A, which will inhibit promoting goals such as diverse jobs and enhancing health services to the community. Amendment of the current plan will allow rezoning of the site to Mixed Use Commercial and the subsequent development of a medical facility on Lot 1A while retaining the proposed combined public safety facility as it relocates to the adjacent Lot 1B. 6 PUBLIC HEARING – REZ15001 & CPA15001 Page | 7 (6) The proposed plan amendment will promote the purposes stated in this Development Code; and Staff Analysis: Many of the purposes of the Development Code speak to employing sound planning principles, efficient land use and protecting the environment to the benefit of the Avon community – including residents, property owners, business owners and visitors. The proposed Mixed Use designation in concert with the proposed development promotes the goals and purposes of the Development Code to see that the ongoing development of the Town is beneficial to the community. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Analysis: The proposed Comprehensive Plan amendment promotes the health, safety and welfare of the Avon community by instituting a land use designation that will allow the preferred zoning of the property consistent with numerous goals and policies of the Avon Comprehensive Plan. Land Use Case #REZ15001: Request to Rezone Lot 1A from PUD to Mixed Use Commercial Zoning Analysis Currently, the PUD zoning of Lot 1A allows for a fire station, fire district facilities and employee housing units, according to the Buck Creek PUD. Prior to rezoning to PUD in 2009, the property was entitled for more intense development through the Wildwood Resort Specially Planned Area (SPA). It is important to reference the previous zoning to compare and contrast with the requested Mixed Use Commercial zoning to determine the acceptable level of intensity associated with proposed zone changes. Development rights through the Wildwood SPA allowed for a 150-unit hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses. Conceivably, this development may have been much more intense than the current proposal for a medical facility. The currently entitled fire station facility on Lot 1A is not considered an intense use, but does operate continually and with inherent uses that can be noisy and requires bright lighting that can impact adjacent residences. The proposed medical office building may provide a buffer between the relocated fire station facilities (combined with police) on Lot 1B from the residential properties to the south and west on Nottingham Road, as proposed. The Avon Development Code describes the purpose of the Mixed Use Commercial district as: “The MC district is established to group and link places used for working, shopping, educating and recreating with residential uses, thereby creating a compact community form. This district allows commercial, office, civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town Center as a transitional district. As outlined in Sec. 7.20.070(a), the Purposes of the Mixed-Use District include: 1. Promote higher-density residential development near and within the Town Center and commercial centers and other areas as appropriate; 2. Concentrate higher-intensity commercial and office employment growth efficiently in and around the Town Center and other centers of community activity; 3. Encourage mixed-use redevelopment, conversion and reuse of aging and underutilized areas and increase the efficient use of available commercial land in the Town; 4. Create pedestrian-oriented environments that encourage transit use, pedestrian access and more sustainable land use patterns; and 7 PUBLIC HEARING – REZ15001 & CPA15001 Page | 8 5. Ensure that the appearance and function of residential and nonresidential uses are of high and unique aesthetic character and quality and are integrated with one another and the character of the area in which they are located. Comparison to Existing Development Rights Lot 1A Existing and Proposed: CURRENT: Buck Creek PUD PROPOSED: MC Zone District Allowed Uses All uses customarily associated with a main branch fire station including but not limited to truck bays, duty quarters, offices, administration, meeting and training rooms; Employee housing units for fire district employees; and The zoning administrator may approve uses found to be similar As delineated in Table 7.24-1 of the Avon Development Code (attached). Special Review Uses None. As delineated in Table 7.24-1 of the Avon Development Code (attached as Exhibit A). Density Employee units to serve the fire district. n/a Building Height Maximum building height: forty-five (45) feet with an allowed architectural projection for a tower on a fire station to be fifty-five (55) feet. *Sixty (60) Feet Setbacks Front: twenty-five (25) feet Side: seven and one half (7.5) feet Rear: ten (10) feet *Front: ten (10) feet *Side: zero (0) feet *Rear: ten (10) feet Other Restrictions Maximum Lot Coverage: 50% Minimum Landscape Area: 25% Maximum Lot Coverage: 50% Minimum Landscape Area: 20% *Unless otherwise set forth in the Avon Comprehensive Plan, these dimensional requirements apply. Development Standards for the Mixed-Use Commercial District These development standards will be implemented if the rezoning is approved. A forthcoming Major Development Plan submittal will need to adhere to these standards as well as any other applicable requirements such as the design standards of the Avon Development Code. 8 PUBLIC HEARING – REZ15001 & CPA15001 Page | 9 Building Heights Comparison The MC district allows a maximum building height of sixty (60) feet, which is slightly higher than the maximum height allowed by the Buck Creek PUD standards for Lot 1A. The Table below illustrates varying building heights of existing structures in Avon as well as a summary of maximum building heights allowed in different zone districts. BUILDING ZONING MAX. HEIGHT Proposed Medical Office Building MC 60’ Walking Mountains Max. Building Height PUD 38’ Northside Coffee & Kitchen NC 32’ Westin Riverfront Resort (Lot 2) PUD 135’ Metcalf Lofts (w/elevator projection) PUD 48’ – 55’ Sheraton Mountain Vista PUD 100’ Wyndham TC 80’ AVON ZONE DISTRICT HEIGHTS Residential Low Density 35’ Residential Medium Density 48’ Residential High Density 60’ Neighborhood Commercial 38’ Mixed Use Commercial 60’ Town Center 80’ Public Facilities 40’ Light Industrial & Commercial 48’ BUCK CREEK PUD Lot Existing Proposed MC District Lot 1A 45’ w/fire tower architectural projection to 55’ 60’ Built Form Diagram The Built Form Diagram is provided to illustrate the desired form of the community in a three dimensional method. The diagram is not to scale, but instead shows the relationship of one district to the next in regard to form. As developments are reviewed, the diagrams shall provide another source of guidance to support the land use regulations and design guidelines. Policy B.1.1 of the Avon Comprehensive Plan states: “Require that development throughout the community fit the overall Built Form according to the Built Form Diagrams in this plan.” 9 PUBLIC HEARING – REZ15001 & CPA15001 Page | 10 TOWN OF AVON BUILT FORM DIAGRAM Town of Avon Comprehensive Plan, 2006 Buck Creek PUD The Buck Creek PUD Land Use Table is shown below to illustrate the balance of the PUD and associated development rights and development standards. BUCK CREEK PUD LAND USE TABLE LOT 1A LOT 1B LOT 2 LOT 3 LOT 4 LOT 5 Allowed Uses PROPOSED REZONE TO MC FOR MEDICAL FACILITY Fire District Uses; Residential Units (for the efficient operation of the facility); Employee Housing Units; Public Assembly Facilities; Accessory Buildings & Uses PROPOSED REZONE TO PF FOR PUBLIC SAFETY FACILITY Residential Dwelling Units (including single family, duplex and threeplex townhomes) Residential Dwelling Units (including single family, duplex and threeplex townhomes) Education facilities; Employee Housing Units; Pedestrian Paths & Trails; Public Assembly Facilities Open Space; Landscape & Screening; Erosion Protection; Road Rights of Way; Bicycle & Pedestrian Paths Early Childhood Education Facilities; Day Care Facilities; Professional Offices Special Review Uses None Home Occupation Home Occupation None None None Density Employee Units to Serve the Fire District 11 Dwelling Units Maximum 31 Dwelling Units Maximum Employee Housing Units & Co-Housing for Employees of the Gore Range Natural Science School N/A N/A Building Height Forty Five (45) Feet with an allowable projection for tower to Fifty Forty-Two (42) Feet Forty-Two (42) Feet Thirty-Eight (38) Feet N/A Thirty (30) Feet Note: The height of the Avon Center is 90 Feet. As illustrated, the 60’ height allowed by the MC district is in conformance with the Town of Avon Built Form Diagram from the 2006 Comprehensive Plan. Staff finds the height acceptable for the character of the vicinity due to the mountain backdrop and that due to topography, the MOB will not be much higher, if at all, than other structures nearby. 10 PUBLIC HEARING – REZ15001 & CPA15001 Page | 11 Five (55) Feet Setbacks Front: 25’ Side: 7.5’ Rear: 10’ Front: 25’ Side: 7.5’ Rear: 10’ Front: 25’ Side: 7.5’ Rear: 10’ Front: 25’ Side: 7.5’ Rear: 10’ N/A Front: 25’ Side: 7.5’ Rear: 10’ Other Restrictions Maximum Dwelling Unit Size: 2,700 Gross Square Feet No More Than 3 Dwelling Units Per Building Maximum Dwelling Unit Size: 2,700 Gross Square Feet No More Than 3 Dwelling Units Per Building Rezoning Review Criteria The review process and review criteria for rezoning applications are governed by AMC §7.16.050, Rezonings. The PZC shall use the criteria below as the basis for a recommendation on the Rezoning portion of the application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; Staff Analysis: Many of the purposes of the Development Code speak to employing sound planning principles, efficient land use and protecting the environment to the benefit of the Avon community. The proposed Mixed Use designation promotes more of the goals and purposes of the Development Code since the proposed Mixed Use designation allows a more efficient land use type that allows residential development mixed with commercial uses. (2) Consistency with the Avon Comprehensive Plan; Staff Analysis: Concurrent with this application, the applicant is requesting an amendment to the Comprehensive Plan to align the land use designation with the requested zone district. The Mixed Use Commercial zone district and Mixed Use land use designation of the Comprehensive Plan are compatible designations that will achieve the goals and purposes of the Development Code and Comprehensive Plan to the benefit of the community. Planning principles of District 13 of the Comprehensive Plan strive to develop property to an appropriate scale and be aesthetically pleasing. The rezoning will accomplish these principles by implementing specific development standards that ensure a quality development of Lot 1A. (3) Physical suitability of the land for the proposed development or subdivision; Staff Analysis: The land is within a developed context with all available infrastructure and services available to serve the intended use. Additionally, Lot 1A has utilities stubbed-in and overlot grading has prepared the lot for development. (4) Compatibility with surrounding land uses; Staff Analysis: Situated near Interstate 70, the surrounding area is generally mixed use containing residential, commercial and light industrial land uses. The proposed Mixed Use Commercial district is compatible with this context of zoned and existing land uses. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Analysis: The site is situated within a PUD that is largely undeveloped. Lot 1A is entitled for development of public facilities including a fire facility. Changing conditions do justify the relocation of proposed public facilities to the adjacent Lot 1B and allowing Lot 1A to be rezoned as Mixed Use Commercial thereby allowing development of the property for a medical center/hospital. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; 11 PUBLIC HEARING – REZ15001 & CPA15001 Page | 12 Staff Analysis: The applicant has provided the requisite information to demonstrate that adequate facilities are available to serve the intended development without impact to existing development. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district; Staff Analysis: Purpose (2) of AMC §7.20.070 states: “Concentrate higher-intensity commercial and office employment growth efficiently in and around the Town Center and other centers of community activity.” Rezoning the property for the intended use of a medical center/hospital is consistent with the Nottingham Road Commercial District identified in the Comprehensive Plan, which contains an established district of mixed uses. (8) That, compared to the existing zoning the rezoning is not likely to 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; Staff Analysis: The rezoning should have a negligible impact on the natural environment compared with the existing development rights as the development footprint will be approximately the same whether the existing zone district or the proposed. Conceptual development of Lot 1A under the PUD zoning contemplates a fully developed parcel with no maximum site coverage restriction; preliminary drawings of the proposed medical facility indicate total site coverage at less than 50%. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Analysis: The current PUD zoning allows a fire station facility and employee housing. The proposed mixed use zone district allows commercial and residential uses that are not intensive or would otherwise negatively impact the other properties in the vicinity. Some of the adjacent properties are zoned Neighborhood Commercial which allows nearly identical uses as the Mixed Use Commercial zone district. Therefore, compared to the existing zoning the proposed rezoning is not likely to result in significant adverse impacts up other property in the vicinity. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Analysis: This criterion is not applicable because the Applicant is seeking to rezone the Property to the Mixed Use Commercial zone district. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Analysis: The applicant has conducted the requisite development impact studies and will mitigate any concerns in accordance with study recommendations and Town of Avon requirements through the Development Plan phase of entitlements. Mitigation 7.16.050(11) Rezonings. Rezoning applications which propose a greater intensity of land use or increased demands on public services or infrastructure shall be required to provide adequate mitigation of such impacts. Greater intensity of land use or increased demands on public facilities and infrastructure shall include, but are not limited to: transportation, water, sewer, schools, emergency services, police, parks and recreation, medical and library. Adequate mitigation may include providing dedications of land or cash-in- lieu for the proportionate share of capital investment in public facilities and infrastructure related to the potential incremental increase of demand created from the existing zoning classification to the proposed zoning classification. The applicant is proposing the following mitigation: 12 PUBLIC HEARING – REZ15001 & CPA15001 Page | 13 1. Pay-in-lieu for proportionate share of an 8’ wide recreational path connection south of Nottingham Road. Monies will be held in escrow for a period of time and if not constructed by Town returned to developer. 2. Pay-in-lieu for proportionate share of bus stop improvements, including cantilever shelter design, adjacent to Northside Coffee and kitchen (partially in Buck Creek Right-of-Way and partially on Lot 4, Buck Creek Subdivision). Monies will be held in escrow for a period of time and if not constructed by Town returned to developer. PZC Recommendation for Case #CPA15001: The PZC recommends approval of the Application together with the findings of fact. Recommended Motion: I move to approve Case #CPA15001, an application to amend the future land use designation for Lot 1A, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Approve the Application: 1. The application meets the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The surrounding area is compatible with the Mixed Use Commercial classification and this designation will enhance the Town’s economic base by providing employment opportunities close to residential. 3. The Comprehensive Plan amendment will promote the purposes of the Development Code by preserving, protecting and promoting employment-generating uses. 4. The Mixed Use classification will result in a form of development beneficial to the Avon community because it will allow the implementation of the preferred zone district as stated in the Avon Development Code. PZC Recommendation for Case #REZ15001: Staff recommends approval of the Application together with the findings of fact. Recommended Motion: I move to approve Case #REZ15001, an application for rezoning of Lot 1A, Buck Creek PUD together with one condition and the findings of fact. Conditions: 1. The Applicant shall acquire the property by August 14, 2015. The Following Findings May be Applied Should Council Approve the Application 1. The application meets the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The Application is substantially compliant with the purpose of the Development Code as the Mixed Use Commercial zoning will ensure the most appropriate use of land in the Town and allow the development of a medical facility that will provide a high quality of life for residents. 3. The land is suitable for development of a medical facility without compromising public utilities or services. 4. The Mixed Use Commercial zoning is consistent with the purpose of the district by allowing commercial, office, civic, townhouse and apartment uses and is the preferred district and development type in Avon as stated in the Development Code. Attachments 13 PUBLIC HEARING – REZ15001 & CPA15001 Page | 14 A: Exhibit A: Land Use Table 7.24-1 B: Comprehensive Plan Exhibit C: Vicinity Map D: Buck Creek Plat Exhibit E: Traffic, Transit, Bicycle, Drainage Analysis F: Application Materials Alternate Findings of Fact Should Council Deny Approval of the Applications Case #CPA15001 Recommended Motion: I move to deny approval of Case #CPA15001, an application to amend the future land use designation for Lot 1A, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application: 1. The application fails to meet the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The surrounding area is not compatible with the Mixed Use Commercial classification and this designation will negatively impact other properties in the vicinity. 3. The Comprehensive Plan amendment does not promote the purposes of the Development Code which is enacted to preserve, protect and promote the health and well-being of the community. 4. The Mixed Use classification will result in a form of development not beneficial to the Avon community because it will allow the implementation of a zone district that allows building heights out of character with the neighborhood. Case #REZ15001 Recommended Motion: I move to deny approval of Case #REZ15001, an application for rezoning of Lot 1A, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application 1. The application fails to meet the applicable review criteria based upon the Staff Report prepared by Brian Garner, Town Planner, dated April 1, 2015. 2. The Application is not compliant with the purpose of the Development Code as the Mixed Use Commercial zoning is not appropriate at this location and would allow building heights out of character with the neighborhood. 3. The land is not suitable for development of a medical facility as it will cause traffic volumes that compromise public safety for vehicles, pedestrians and bicyclists on Nottingham Road. 4. The Mixed Use Commercial zoning is not consistent with the purpose of the district by allowing the development of a medical facility that does not include vertical mixed-use with residential as intended by the Development Code. 14 7-110 7.24.040 Table of allowed uses. Table 7.24-1 Allowed Uses Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Residential Uses Household Living Dwelling, Single- Family Detached P P Dwelling, Two- Family/Duplex P P P Dwelling, Townhouse P P P P P P Dwelling, Multi- Family P [1] P P P P P [1] Limited to 8 units per building in RM Dwelling, live/ work S S S S S S P Accessory DU S S S Dwelling, timeshare, interval ownership or fractional fee ownership/ vacation club S P P 7.24.050(d) 7.24.060(a) Group Living Group homes S S S S S S 7.24.060(b) Retirement home, nursing home or assisted living facility S S S S S S Accommodat ion Bed and breakfast S S S S S P P P Hotel, motel and lodge P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 15 7-111 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Public and Institutional Uses Community Services Art gallery or museum P P P P P Community centers S S S P P P P P P Library P 7.24.050(a) Government services, offices and facilities P P P 7.24.050(a) Post office branches P Religious assembly S S S S S S S S S S S Day Care Preschool, nursery school S S S S S S S S S 7.24.060(c) Child care, in home S S S S S S S S 7.24.060(c) Child care center S S S S S 7.24.060(c) Educational Facilities College or university (nonexempt) S P S P P 7.24.050(a) School, K-12 (public and private) P P P P P P P 7.24.050(a) School, vocational- technical and trade P P 7.24.050(a) P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 16 7-112 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Public and Institutional Uses (Cont'd) Parks and Open Space Arboretum or botanical garden S P P P 7.24.050(b) Community garden P P P P P P P Community playfields and parks P Golf course P P P P P P P Parks and forest preserves (private, not-for-profit P P Transportatio n Bus terminal S P 7.24.060(d) Rail terminal (passenger) S P P Commercial parking facilities (surface & structure) S P Utility Major energy facilities S Public utility substations where no public office, repair or storage facilities are maintained S S S S S S S S S S P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 17 7-113 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Public and Institutional Uses (Cont'd) Utility (cont'd) Ground mounted solar devices S Small wind energy system S S S S S S S S S S S Wireless communication tower and/or antenna S S S S S S S S S S S S Commercial Uses Animal sales and services Kennel S 7.24.060(e) (3) Pet shops P P P P P Veterinary clinic, small (indoor only) P P P Veterinary clinic, large (with outdoor runs) S Auction House P P P P Assembly Auction yard P Membership clubs P P P Financial Service Financial institution, with drive-thru S S S S 7.24.060(f) Financial institution, without drive-thru P P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 18 7-114 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Food and Beverage Services Bakeries P P P P Bars or taverns P P P P P 7.24.060(h) (2) Coffee shops P P P P P Restaurant, with drive-in or drive- thru S S S S S 7.24.060(g) Restaurant without drive-in or drive- thru P P P P P Health Care Facilities Medical center/ hospital S P P P Urgent care facility P P P P Medical and dental clinics and offices P P P P S Office Administrative and professional offices P P P P Office with showroom and/ or warehouse facilities S Recreation and Entertainmen t, Outdoor Outdoor commercial recreation P P P Riding academies S P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 19 7-115 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Recreation and Entertainmen t, Indoor Indoor commercial recreation/ entertainment P P P P P Sexually-oriented business S Theater/ performance hall S P P P Personal Services Barber shops, beauty salons, day spas P P P P P Dry cleaning and laundry service P P P P P General personal services P P P P P Tattoo parlors, body piercing S S S Retail (Sales) Antique shops P P P P P Appliance stores P P P P P Art shops P P P P P Book and stationery stores P P P P P Clothing stores P P P P P Convenience store, with fuel S S S P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 20 7-116 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Retail Sales (cont'd) Convenience store, without fuel S P P P P P Drug stores P P P P P Electrical supply stores P P P Florists P P P P P Furniture shops P P P P Gift shops P P P P P Grocery stores P P P P P Home improvement store, under 25,000 sq. ft. P S P P P Home improvement store, over 25,000 sq. ft. P P Jewelry, craft and hobby shops P P P P P Medical marijuana Music, radio and television stores P P P P P Nursery, landscaping supply P S P P Office supply store P P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 21 7-117 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Commercial Uses (Cont'd) Retail Sales (cont'd) Liquor stores P P P P P Paint stores P P P P P Photographic studios P P P P P Retail sign shops P P Retail sales with drive-thru S S S S S Shoe stores P P P P P Sporting and athletic goods stores P P P P P Toy stores P P P P P Wholesale Business Wholesale business P Vehicles and equipment Automobile repair shop, minor S S P 7.24.060(h) Automobile repair shop, major S P Automobile sales and rental S S Car wash S S S 7.24.060(h) Parking lot (commercial) S S S S S P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 22 7-118 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Industrial Service Industrial Service Research facilities (commercial) P Builders supply yards P Construction industry related businesses P Heavy industrial uses S Junkyards S Light industrial uses P Lumberyards except when indoors as part of a hardware store S Mining and mineral extraction S S S S S S S S S S S S S Manufacturin g and Production Machine and welding shops P Manufacturing, heavy S Manufacturing, light P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. 23 7-119 Use Category Use Type Residential Nonresidential Use-Specific Regulations RD RL RM RH RH-C NC MC TC SC P PF IC OLD Industrial Service (Cont'd) Warehouse and Freight Movement Mini-storage P Storage warehouses P Waste and Salvage Recycling center (indoor) S Recycling facilities, drop-off P P P P P P P P P P P – Permitted Use S = Special Review Use Districts in GREY are retired and not available for rezoning. (Ord. 14-01 §2; Ord. 13-02 §3; Ord. 12-02 §2; Ord. 11-04 §2; Ord. 10-14 §3) 24 25 B U C K C R E E K R D S WIFT G ULC H R D W AL KI N G M O U N T AI N S L N NOTTINGHAM RD B E A V E R C R E E K B L V D 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 Lot 1A & Lot 1B Buck Creek PUD 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 Nos. 15-03 and 15-04 Rezoning DATE: April 17, 2015 Summary: Since sending Ordinance Nos 15-03 and 15-04 to Council in the early packet there has been a request by both Avon MOB LLC and the Eagle River Fire Protection District to clarify that the existing Buck Creek PUD would not apply to these lots. This is the effect and intent of rezoning, so this clarification is not substantive. The revision has been made per their request. Also, the Eagle River Fire Protection District desired clarification that the Regional Fire Station site would have direct access to Swift Gulch Road. That has always been presumed and proposed in any site layout. I’ve spoken with Community Development Staff and the best manner of documenting the intent to allow direct access for ingress and egress to Swift Gulch to add a statement into the Avon Comprehensive Plan. The revised Ordinances are submitted in REDLINE format to indicate the changes from the versions sent in the early Council packet. Thank you, Eric Attachments: Ordinance Nos 15-03 and 15-04. M EMORANDUM & PLANNING, LLC Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 1 of 5 TOWN OF AVON, COLORADO ORDINANCE 15-03 SERIES OF 2015 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND APPROVING A REZONING OF LOT 1A, BUCK CREEK PUD TO MIXED-USE COMMMERCIAL RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, Avon MOB LLC (“Applicant”) has obtained consent of the owner of real property in the Town to submit development applications to the Town, which property is referred to as: “Lot 1A, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado (“Property”)”; and WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a Rezoning Application (collectively referred to as the “Applications”) to the Town’s Community Development Department on February 6, 2015; and WHEREAS, Avon Municipal Code (“AMC”) §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town’s Community Development Director has consented to concurrent review; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on March 17, 2015; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Applications, with conditions; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; and WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and a Rezoning application respectively; and Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 2 of 5 WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 8, 2015, and April 28, 2015 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, development of the Property in accordance with the Application will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable investment-backed expectations of the Applicant, and otherwise achieve the goals and purposes of the Town; and WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby amended to amend the Future Land Use Plan to designate the Property as Mixed-Use Commercial, subject to the condition stated in Section 4. Condition. Section 3. Rezoning. The Property is hereby rezoned to Mixed-Use Commercial and the Official Zoning Map is hereby amended to designate the Property as Mixed-Use Commercial, subject to the condition stated in Section 4. Conditions. The Planned Unit Development designation shall no longer apply and all obligations and rights created by the Buck Creek Planned Unit Development as approved by Town of Avon Ordinance No. 09-08, recorded at Reception No. 200927820 in the office of the Eagle County Clerk and Recorder, are hereby released and extinguished. Section 4. Conditions. The effectiveness Section 2 and Section 3 shall be conditioned upon the following: A. Applicant taking ownership of the Property by August 14, 2015. If the Applicant does not acquire ownership of the Property by August 14, 2015, the Council may, by motion, Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 3 of 5 grant an extension of the date to satisfy this condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing on second reading in accordance with the Avon Charter. B. Applicant paying cash-in lieu as mitigation for the incremental impact of increased density resulting from the rezoning on traffic, specifically Applicant shall pay $_____________ as a proportionate share contribution towards the construction of a bus shelter to be located in the vicinity and shall pay $_____________ as a proportionate share contribution towards the construction of an off-site pedestrian and recreation trail connection. Section 5. 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 has 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 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic 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 8. 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 Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 4 of 5 remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 15-03 Lot 1A, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 5 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 8, 2015 and setting such public hearing for April 28, 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 April 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney PUBLIC HEARING – REZ15002 & CPA15002 Page | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: April 1, 2015 Agenda Topic: PUBLIC HEARING – Ordinance 2015-04 Case #REZ15002 & #CPA15002 Lot 1B, Buck Creek PUD – Rezoning & Comprehensive Plan Amendment Introduction The Applicant, Eagle River Fire Protection District (“ERFPD”), with permission from the Owner, Buck Creek Associates, has submitted a Rezoning application and concurrent Comprehensive Plan Amendment application (collectively the “Application”). The request is being reviewed concurrently with a Rezoning and Comprehensive Plan Amendment for the neighboring Lot 1A property. The Application proposes to rezone Lot 1B, Buck Creek, from Planned Unit Development to the Public Facilities (“PF”) zone district. Currently, the property is zoned for a maximum density of eleven (11) residential townhomes. The proposed PF zone district would allow for the future development of the site as a police/fire public safety facility, along with other uses enumerated in Table 7.24-1, Allowed Uses, Avon Development Code. The Planning and Zoning Commission (“PZC”) reviewed the Applications and provided a favorable recommendation. After reviewing the Application materials, Staff’s analysis, and considering public input, the Town Council will act on Ordinance 2015-04. Avon Town Council makes the final determination on the Application after public hearings. All available actions are outlined in the Cover Memorandum. Process The review process required a noticed public hearing with PZC. The PZC held a public hearing on March 17, 2015, and forwarded a recommendation of approval with findings. Final action is taken on the Application by Town Council after conducting public hearings and action by Ordinance. Pursuant to Section 7.16.020(b)(4), Concurrent Review, Avon Development Code, the zoning and Comprehensive Plan applications for Lot 1A and Lot 1B are being reviewed simultaneously. Background Originally, the property was platted as Lots 5, 52A and 52B, Block 1, Benchmark at Beaver Creek Subdivision and zoned Specially Planned Area (SPA). In 1985, the property was replatted as Lots 1, 2, 3 and 4 of the Wildwood Resort Subdivision through Ordinance 85-4. The SPA had entitlements for a 150-unit hotel, motel and/or lodge (accommodation) units, together with accessory uses and related commercial uses. Previous applications proposed between 4 and 6 53 PUBLIC HEARING – REZ15002 & CPA15002 Page | 2 stories of height. Lots further to the north of the property were zoned for 50 residential multi- family units and “private park and recreation and related commercial uses including a clubhouse building for indoor and outdoor sports activities and customary support facilities, swimming pools, tennis courts, archery range, restaurant, pro shop and other similar activities or services.” Today, the property is platted as Lot 1B as part of the Buck Creek PUD approved by Town Council in 2009. Zoning for the property was established with Council’s approval of Ordinance 09-08 on August 11, 2009. The PUD and Development Plan establish the land use and development standards for the property including but not limited to allowed uses, parking standards, setbacks and density. Property Description Lot 1B is accessed from Walking Mountains Lane, a road constructed during the initial phase of the Buck Creek PUD which included the construction of the Walking Mountains Science Center. The property is located adjacent to Buck Creek Road, immediately north of Lot 1A and is accessed by “private driveway” per the Buck Creek PUD – meaning the road is not required to meet Avon Development Code requirements. The lot contains 2.125 acres and the topography is moderately disturbed from natural grade with utility work and over lot grading. The property contains several development limitations including the Buck Creek stream, mature vegetation surrounding Buck Creek, wetlands, electric lines, and steep topography characterizing the property’s eastern boundary. Additionally, existing platted easements further limit development opportunities including but not limited to the Nottingham- Puder Ditch Easement on the east side of the property. Application Summary The proposal is to modify the Town’s Zoning Map for Lot 1B, Buck Creek PUD. This Application is being reviewed concurrently with an Application to amend the zoning and development rights for Lot 1A, Buck Creek PUD. Currently, Lot 1A is zoned PUD for a Fire Station with supporting office, administration, training, and employee housing units. Lot 1B is currently zoned PUD for 11 Dwelling Units with Single-Family, Duplex, and/or Triplex building types. This application will change Lot 1B to the Public Facilities (PF) zone district, thereby supporting a joint police and fire station, with supporting and incidental uses. The Buck Creek PUD shows conceptual building footprints which are “schematic, but serve to illustrate the intent of the development plan.” The PUD plan shows a cluster of three triplexes and one duplex, all served by a private driveway in a loop design. The conceptual development location and layout demonstrates the constraints of the platted easements on the eastern part of the property, as well as riparian constraints bordering the north property line. 54 PUBLIC HEARING – REZ15002 & CPA15002 Page | 3 Concurrent with the rezoning application, the request is to change the Future Land Use Plan designation from Neighborhood Commercial to “Civic/Public” to more accurately reflect the PF zoning category and envisioned mix of uses for the site. Land Use Summary Table The following table includes both the current and proposed zoning standards: CURRENT: Buck Creek PUD PROPOSED: PF Zone District Allowed Uses Residential Dwelling Units (including single family, duplex and triplex townhomes) Community Centers, Library, Government Services, offices and facilities, Schools, Transportation facilities, Medical, Recycling Center Special Review Uses Home Occupation Preschool, Small wind energy, wireless communication towers, Construction businesses Density 11 Dwelling Units Maximum n/a Building Height Forty Two (42) Feet *Forty (40) Feet Setbacks Front: twenty-five (25) feet Side: seven and one half (7.5) feet Rear: ten (10) feet *Front: twenty (20) feet *Side: twenty (20) feet *Rear: twenty (20) feet Building Coverage Fifty Percent (50%) Sixty Percent (60%) Minimum Landscaped Area Twenty-Five Percent (25%) N/A Other Restrictions Maximum Dwelling Unit Size: 2,700 square feet. No more than 3 Dwelling Units per Building Maximum Lot Coverage: *Sixty (60%) percent *Unless otherwise set forth in the Avon Comprehensive Plan, these dimensional requirements apply. Rezoning Review Criteria Analysis As outlined in Sec. 7.20.080(e), the Purpose of the Public Facilities District is as follows: “The PF district is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities. The uses permitted in this district are identified by location in the Avon Comprehensive Plan.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. The Town Council shall use the criteria below as the basis for a final decision on the Rezoning Application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; 55 PUBLIC HEARING – REZ15002 & CPA15002 Page | 4 Staff Response: The Application and proposed land uses appear to be in substantial compliance with the purpose of the Development Code. Specifically, the Application provides for phased development of government services; and providing economical and high quality public services and facilities. Section 7.04.030(g) states the following purpose appropriate to the Application: “Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space, and medical facilities.” The Rezoning will provide for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. This application would provide for quality public services and facilities in a central location accessible to existing developed and future planned areas including the Village at Avon. The geographic location of the Buck Creek/Nottingham/Swift Gulch intersection is well suited for public facilities including police and fire. Any incremental increase in demands on public services and facilities is addressed. (2) Consistency with the Avon Comprehensive Plan; Staff Response: The rezoning application, with corresponding Comprehensive Plan Amendment, will provide consistency with the Comprehensive Plan and supporting documents. The existing/future land use maps contained in the Comprehensive Plan are outdated and neither reflects the current Buck Creek PUD approval or the envisioned joint public safety facility. The Planning Principles for the Nottingham Road Commercial District are maintained with the rezoning, and will be further evaluated with a Development Plan application. Planning Principles for Nottingham Road Commercial District: • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road The Application adheres to the planning principles of the Nottingham Road Commercial District, and maintains the intent of diminishing intensity in the district from south to north on Buck Creek Road. All landscaping and screening standards of the Avon Development Code would be in effect and applicable to future development. The allowable building height of 40’ appears to be compatible with existing surrounding development, which is generally between 30’ and 40’. (3) Physical suitability of the land for the proposed development or subdivision; 56 PUBLIC HEARING – REZ15002 & CPA15002 Page | 5 Staff Response: The “buildable area” of the site accommodates the initial development concept that was developed with programming and estimates for police and fire buildout. The western and southern portions of the property were graded out when the Buck Creek PUD (and subdivision) was initially developed. These initial improvements, and the planning work completed by the Applicant for Lot 1A demonstrate the suitability of Lot 1B for a joint public safety project. Aside from the platted easements, riparian setbacks, and building setbacks, the land appears to be sufficient for the proposed uses. (4) Compatibility with surrounding land uses; Staff Response: The area surrounding the southern portions of the Buck Creek PUD (including Lot 1A and Lot 1B) are generally a mix of highway oriented commercial, neighborhood commercial, residential, and open space land uses. Moving the planned public safety building from Lot 1A to Lot 1B should not create any further impacts to adjacent surrounding land uses described above, or to future uses in the PUD including Townhomes on Lot 2, and a Montessori School, day care, and office uses on Lot 5. Medical office land uses planned for Lot 1A are compatible with public safety operations – health and safety uses are well-suited in close proximity. Lot 2 of the Buck Creek PUD is zoned for additional multi-family development; natural and visual separation between the two zones of the PUD can best be appreciated by visiting the properties with a site visit. The development pattern notably shifts to lower density/intensity traveling north on Walking Mountains Lane after turning off the access road from Buck Creek Road. Several mature trees and undergrowth that form the Buck Creek riparian environment provide further natural and visual buffers. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: The primary responsibility of the fire department is the delivery of fire and rescue services. To provide effective service, crews must respond in a minimum amount of time and with sufficient resources. Time is the critical element for police and fire when an emergency is reported. In both cases, a central location with easy access to arterial roadways in a location such as Buck Creek is justified over existing locations in the Town Center. The conditions surrounding the existing police and fire locations on Town Property (Tract G) have evolved over the past 15 years. Recently there have been a significant increase in the development of accommodate and short term rental units in the Town Center with lodging projects such as the Wynd ham, Timeshare West, and Westin. These projects bring more guests to the heart of Avon who are less aware of their surroundings and intermittent emergency responders that must navigate the slower roadways. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: The type and scope of the project can be supported by existing infrastructure. A future bus stop across the street (adjacent parking area of Northside Café) is being considered as 57 PUBLIC HEARING – REZ15002 & CPA15002 Page | 6 part of the Lot 1A application. Additionally, a trail connection south of the project connecting to the regional trail will be available to serve the site. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The Public Facilities (PF) zone district is well suited for a joint public safety facility. The PF district is “intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Public safety development on the property will not result in adverse impacts to the natural environment. The riparian corridor of Buck Creek with associated cottonwood trees and wetlands will not be impaired by future development. Any impacts to the natural environment must be mitigated per the Avon Development Code and Natural Resource Protection standards (Sec. 7.28.100). Some level of intermittent noise could be experienced with future development of police/fire operations; these impacts should not be any more than those which could be experienced with similar development on Lot 1A as currently approved in the Buck Creek PUD. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No significant impacts to other properties in the vicinity are envisioned with a PF land use designation and associated uses. As mentioned, intermittent noise impacts in connection with fire truck sirens are anticipated, but these types of impacts will not be any greater than those already inherent with the facility location on Lot 1A. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: The Application is a rezoning and would remove the property (properties including Lot 1A) from the Buck Creek PUD and into a codified zone district classification subject to all Avon Development Code regulations; therefore, this criteria does not apply. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: Mitigation measures will be reviewed in detail when a development plan is developed for joint police and fire operations. As part of the accompanying Lot 1A Rezoning and development plan submittals, the incremental impact on adjoining multi-modal transportation facilities will be mitigated. 58 PUBLIC HEARING – REZ15002 & CPA15002 Page | 7 Comprehensive Plan Amendment Analysis Lot 1B is designated as ‘Neighborhood Commercial’ in the existing and future land use maps contained in the Comprehensive Plan. According to the Comprehensive Plan “these areas are intended to provide neighborhood-focused retail and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently located near and connected with surrounding residential neighborhoods.” The existing and future land maps do not accurately represent the current Buck Creek PUD zoning or the land use envisioned with the Application; therefore, this amendment will result in a more accurate designation. The property is within the Nottingham Road Commercial District, which is a medium priority district. According to the Comprehensive Plan, “This area’s proximity to the I-70/Avon Road Interchange establishes its importance to the Town’s identity. Development and redevelopment that occurs here should reflect the standards in the Town Center, but should not compete with the Town Center in terms of size of buildings or intensity of development.” Nottingham Road Commercial District Planning Principles: • Limit access points on Nottingham Road to simplify traffic movements • Require landscape setbacks and internal landscaping of parking lots • Screen all equipment and storage from view • Limit building heights to that which is compatible with the existing surrounding development • Development intensity and activity should diminish when traveling north on Buck Creek Road The Application adheres to the planning principles of the Nottingham Road Commercial District, and maintains the intent of diminishing intensity in the district from south to north on Buck Creek Road. All landscaping and screening standards of the Avon Development Code would be in effect and applicable to future development. The allowable building height of 40’ appears to be compatible with existing surrounding development. In terms of development type and intensity, joint public safety uses would be compatible with other commercial uses in the vicinity and not competing directly with other Town Center development. Freeing the current locations on Tract G at Nottingham Park for other uses can be viewed as a benefit to this relocation. The location near the main Avon exit off Interstate 70 is strategic, with direct access to the main arterial roads and outlying neighborhoods of the Town. Comprehensive Plan Amendment Review Criteria Analysis The review process and review criteria for Comprehensive Plan amendments are governed by AMC §7.16.030, Comprehensive Plan Amendment. The Avon Town Council shall use these criteria below as the basis for a decision on the Comprehensive Plan amendment portion of the Application. Staff responses are provided to each review criteria. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; 59 PUBLIC HEARING – REZ15002 & CPA15002 Page | 8 Staff Response: The land use provides an essential public benefit in the form of a joint police/fire public safety facility. The surrounding area is a mix of commercial, residential, educational, and open space land uses. Currently the fire and supporting uses are entitled on Lot 1A; shifting these uses to the north (with additional access off Swift Gulch Road instead of Nottingham Road), and co-locating with the essential services of the Avon Police Department, will provide for a compatible mix of uses. There appears to be synergy between emergency response operations and neighboring proposed medical uses. (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Staff Response: A future potential transit stop is accommodated immediately to the north of the site off the Swift Gulch access point. Whether or not this potential transit stop was developed depends on demand and future route planning. The Transportation Plan also calls out a possible trail connection bordering the east property line through the Nottingham Puder ditch easement to connect Swift Gulch Road with the Walking Mountains Science school and Buck Creek trail. After initial site studies it does not appear that development would impact this trail connection due to existing utilities and easements on that portion of the property. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Staff Response: There is adequate current capacity to serve the joint public safety facility. Some of the essential utilities and facilities that serve the property would be relocated with the initial construction of a medical office building on Lot 1A. Assurance is being provided that a storm sewer relocation bordering Lot 1A and Lot 1B will be available for future service. Again, adequate capacity is available to service the site. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Staff Response: The Comprehensive Plan designation of Neighborhood Commercial is inaccurate as it relates to both the current Buck Creek PUD and planned uses on the property. It appears that the Neighborhood Commercial designation originates from the Wildwood Resort Specially Planned Area, which included 150 unit hotel and supporting ‘neighborhood commercial’ uses. As articulated in the Application, emergency service personnel must currently navigate stop signs and roundabouts in order to respond to emergency calls. Lot 1B provides a better location for emergency responders for the Town of Avon and neighboring call locations, with less pedestrian interaction and crossing points. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; 60 PUBLIC HEARING – REZ15002 & CPA15002 Page | 9 Staff Response: The current plan reflects Neighborhood Commercial land uses. Accordingly, strict adherence to the current plan would preclude the ability to locate emergency service responders on the site and better serve the community needs. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Staff Response: The corresponding Comprehensive Plan amendment will promote the purposes of the Avon Development Code, with a direct relationship to 7.04.030(g), as follows: “(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space, and medical facilities.” The Application provides for the phased and coordinated development of government services and facilities. The development of a joint public safety facility promotes efficiencies in cooperation and coordination as well as the operational efficiencies through shared space. Fixed costs could be spread out for construction and continued operation (i.e. maintenance of common areas) of a joint facility. Lastly, improved response times could be achieved for taller buildings by developing a facility to accommodate the ladder truck apparatus. (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Staff Response: The health, safety, and welfare of the Town and Avon Community will be enhanced with consolidated and more closely coordinated emergency response operations. The Avon Comprehensive Plan provides additional support for the Application with the following goals and policies: • Goal A.1: Collaborate with….other agencies to implement the plan and to ensure Avon’s needs and goals are being met. • Policy C.1.6: Include sufficient land for public uses such as schools, recreation, community facilities, and government services near the people who use them. • Goad J.2: Ensure cost effective provision and development of public facilities and services. • Policy J.2.1: Coordinate with quasi-jurisdictional agencies regarding service expansions and other development that could affect the achievement of the district goals and objectives. 61 PUBLIC HEARING – REZ15002 & CPA15002 Page | 10 Staff Recommendation Staff recommends approval of the Applications and Findings of Fact as drafted in Ordinance 2015-04. Case #CPA15002 & #REZ15002 Recommended Motion: I move to Approve Ordinance 2015-04, thereby approving Case #CPA15002 & #REZ15002, an application to amend the future land use designation for Lot 1B, Buck Creek PUD to Civic/Public and rezone Lot 1B, Buck Creek to the Public Facilities zone district, together with the findings of fact outlined in Ordinance 2015-04. Attachments A: Application Materials B: Comprehensive Plan Amendment to Future Land Use Map C: Draft Ordinance 2015-04 Alternate Findings of Fact Should Council Deny Approval of the Applications Case #CPA15002 Recommended Motion: I move to deny approval of Case #CPA15002, an application to amend the future land use designation for Lot 1B, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application: 1. The application fails to meet the applicable review criteria based upon the Staff Report prepared by Matt Pielsticker, dated April 1, 2015. 2. The Comprehensive Plan amendment does not promote the purposes of the Development Code which is enacted to preserve, protect and promote the health and well-being of the community. 3. The Public Facilities classification will result in a form of development not beneficial to the Avon community because it will allow the implementation of a zone district that is out of character with the neighborhood. Case #REZ15002 Recommended Motion: I move to deny approval of Case #REZ15002, an application for rezoning of Lot 1B, Buck Creek PUD together with the findings of fact. The Following Findings May be Applied Should Council Deny Approval of the Application 1. The application fails to meet the applicable review criteria outlined in the Staff Report prepared by Matt Pielsticker, dated April 1, 2015. 2. The Application is not compliant with the purpose of the Development Code as the Public Facilities (PF) zoning is not appropriate at this location. 3. The land is not suitable for development of a joint public safety facility due to concerns with compatibility and impacts to neighboring existing or approved development patterns. 62 63 64 A REZONING OF BUCK CREEK PUD LOT 1B on behalf of EAGLE RIVER FIRE PROTECTION DISTRICT Submitted: February 26, 2015 65 Pa g e 2 Applicant: Eagle River Fire Protection District 90 Benchmark Road, Suite 101 PO Box 7980 Avon, CO 81620 (970) 748‐9665 Current Owner: Buck Creek Associates c/o Oscar Tang 551 5th Ave, Floor 33 New York, NY 101763 Planning: Davis Partnership Architects 2301 Blake Street, Suite 100 Denver, CO 80205 (303) 861‐8555 66 Pa g e 3 Rezoning of Lot 1B, Buck Creek PUD Written Statement SUMMARY The Eagle River Fire Protection District (ERFPD) is applying to modify the Town’s Zoning Map for Lot 1B, Buck Creek PUD. This Application is being reviewed concurrently with an Application to amend the zoning and development rights for Lot 1A, Buck Creek PUD. Currently, Lot 1A is zoned PUD for a Fire Station with supporting office, administration, training, and employee housing units. That property will be changed to the Mixed Commercial (MC) zone district. Lot 1B is currently zoned PUD for 11 Dwelling Units in Single‐Family, Duplex, and/or Triplex arrangements. This application will change Lot 1B to the Public Facilities (PF) zone district, thereby supporting a joint police and fire station, with supporting and incidental uses. The Avon Police Department and ERFPD have been working to consolidate a physical plant for efficiency and improved response times from this key location north of Interstate 70. The property provides quick access to outlying lower density neighborhoods, Interstate access, as well as maintaining proximity to the Town Core and future buildout of the Village at Avon. Pursuant to Section 7.16.020(b)(4), Concurrent Review, Avon Development Code, this application is being reviewed contemporaneously with a Comprehensive Plan Amendment to more accurately reflect the “civic/public” nature of the envisioned joint facility on Lot 1B. This narrative addresses the mandatory review criteria for both applications. 67 Pa g e 4 REZONING REVIEW CRITERIA The zone classification of parcels can be changed pursuant to Section 7.16.050, Zoning Amendments, Avon Development Code. The Avon Development Code, Section 7.16.050(c), Review Criteria, requires that the PZC and Town Council consider the following review criteria for a Rezoning Application. Applicant responses are included for your consideration. (1) Evidence of substantial compliance with the purpose of the Development Code; Response: The stated purposes of §7.04, Development Code, AMC, include statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; regulating and determining the area of open spaces; establishing building lines; avoiding increased demands on public services and facilities; providing for phased development of government services; minimizing adverse environmental impacts of development; provide for compatibility with the surrounding area; preservation of natural features; minimize adverse environmental impacts; and promoting sufficient, economical and high quality provision of all public services and public facilities. The Application is substantially compliant with the purpose statements in the Development Code. The Rezoning will provide for the “orderly use” of the Property in relation to the commercial use proposed on Lot 1A, while at the same time conserving the value of the investments of owners of property in Town. This application would provide for high quality, efficiently planned public services and facilities in a central location of Town. (2) Consistency with the Avon Comprehensive Plan; Response: One of the fundamental reasons for implementing the Comprehensive Plan is to clearly communicate where and how land uses may occur and to promote and protect the health, safety, and welfare of the residents and visitors of the Town by using goals and policies that result from a community review process. This Application, with the corresponding Comprehensive Plan amendment to the Future Land Use Map, will help to promote the health, safety, and welfare of the Town and its residents. The Comprehensive Plan Amendment will more accurately designate the property as “civic/public” Thereby supporting public safety with the combined fire and police facility. The Application conforms with the principal Land Use Goal (Goal C.1) which is to “provide a balance of land uses that offers a range of housing options, diverse commercial and employment opportunities, inviting guest accommodations, and high quality civic [emphasis added] and recreational facilities, working in concert to strengthen Avon’s identity as both a year‐round residential community and as a commercial, tourism and economic center.” On‐site employee housing units and a state of the art, high‐quality police and fire combined facility would implement this balanced approach to land development. The Property is located within District 13: Nottingham Road Commercial District. Following is a response to the existing Planning Principles for this area:  Limit access points on Nottingham Road to simplify traffic movements. 68 Pa g e 5 Response: This project would likely utilize the existing Walking Mountains Lane for entrance, and exit only onto Swift Gulch Road. As discussed with Town Staff, this area of Swift Gulch Road may require emergency only signalization for safe exiting. The full details of access to the property would be evaluated during a future development plan submittal.  Require landscape setbacks and internal landscaping of parking lots. Response: These details would be incorporated into a future development plan application which will be compliant with all applicable standards. With conceptual site layouts explored, parking could be placed behind the building as a potential solution to this principal.  Screen all equipment and storage areas from view. Response: All equipment and storage areas will be screened from view. It is likely that fire trucks and some vehicles will be parked outside of the future building(s), for maintenance, training, and staging for quick response times.  Limit building heights to that which is compatible with the existing surrounding development. Response: The nearest development to the site is the Neighborhood Commercial (NC) zoned properties opposite Swift Gulch Road, and also planned uses on Lot 1A. Building Heights will be compatible with existing surrounding development. There is a natural break with vegetation and the creek buffering the property moving north. Additionally, no potential development exists to the east on Swift Gulch Road given the steep topography and existing Open Space zoning in those areas. Currently, Lot 1B has entitlements through the PUD process with forty‐two (42) foot building height for Townhomes. Current concepts for the fire station include base building heights of 45’. This would be further developed with a development plan process. Building heights have been reduced compared to the previous PUD zoning for Cottonwood Resort.  Development intensity and activity should diminish when traveling north on Buck Creek Road. Response: The Existing PUD and this proposed zoning amendment will respect this planning principle, with intensity and activity remaining low impact as moving north on Buck Creek Road (and Walking Mountains Lane respectively). (3) Physical suitability of the land for the proposed development or subdivision; Response: The existing Lot (1B) was graded out and preliminary infrastructure and stub outs were constructed in concert with the initial Walking Mountains Lane and Science School subdivision improvements. A design team has worked diligently to demonstrate the adequacy of the site for these intended uses. The north east corner of the property becomes constrained moving north due to natural and manmade constraints in the form of the Nottingham Puder 69 Pa g e 6 Ditch (and Easement) at the toe of the steep hillside. The balance of the land is physically suitable for the programming and construction of a police/fire public safety center. (4) Compatibility with surrounding land uses; Response: The property is surrounded by a mix of land uses including: open space, Buck Creek, public roadways, and the immediate surrounding area is commercial in nature. Moving the planned public safety building from Lot 1A to Lot 1B should not create any additional impacts to adjacent surrounding land uses. The siting of public facilities next to a medical land use is complimentary. (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Response: The concept for a police and fire joint facility in this general location has been in response to changing conditions and the need to move these essential services out of the Town Core and into a more accessible location. Commercial and civic uses have long been envisioned in this intersection of Town roadways. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Response: The existing and proposed infrastructure is adequate to serve the proposed development. Initial utility work would be performed by the adjoining Lot 1A development. Fire protection will be on site. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Response: The Public Facilities (PF) zone district is “intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” This zone district is clearly envisioned for this type of development. Avon Municipal Code §7.24.040, Table of Allowed Uses, includes government services, offices, and associated facilities. The Application proposes police and fire stations; therefore, the proposed rezoning is consistent with the stated purpose of the PF zone district. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Response: The existing zoning for Lot 1B is PUD: for multi‐family residential, up to eleven (11) Dwelling Units in Single‐Family, Duplex, and/or Triplex configurations. Relocating the fire operations approximately 150’ to the north and co‐locating police functions on the same property will not likely result in adverse impacts upon the natural environment. Stormwater management for Lots 1A and 1B will be handled with treatment facilities prior to discharge form the property. 70 Pa g e 7 While the street network is adequate to carry the anticipated, traffic studies will be required and reviewed with the Development Plan submittals for both Lot 1A and Lot 1B. No wildlife impacts should be experienced and stream setbacks remain intact. (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Response: No significant adverse impacts to other properties in the vicinity are envisioned with Public Facilities (PF) zoned land uses. Intermittent noise impacts in connection with fire truck sirens are anticipated, but these types of impacts will not be any greater than those already inherent with the facility location on Lot 1A. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Response: The existing Buck Creek PUD highlights Lot 1A as the emergency service hub for the property. This proposal shifts the site to the north with immediate access to adjacent roads maintained. Moving from PUD to a standard zone district will provide flexibility, and at the same time ensure future development is in line with the Town’s adopted goals, policies, and procedures. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Response: MITIGATION OF IMPACTS This Application would result in the reduction of 11 multi‐family dwelling units, and the reorientation of a main branch fire station to provide exit onto Swift Gulch Road as opposed to the currently approved location on Nottingham Road. As mentioned, the Avon Police Department would also be headquartered on this property. Transportation The Transportation Plan indicates the possibility of a bus stop in the general vicinity of the Property on Swift Gulch Road. If required in the future, a bus stop and connecting sidewalk could be accommodated to the north of the conceptual driveway exit of the property; however, a bus route is highly unlikely in this direction and general location. Connections for pedestrians must be accommodated for both on the perimeter and within the sites. Water The Buck Creek PUD (historically named “Wildwood Resort”) was allocated 118.6 Single‐Family Equivalents (SFEs). Consequently, in 2009 when the Buck Creek PUD was approved with far less density that the original PUD it was conditioned such that additional water rights would go back to the Town. Water use will be examined again at the development plan stage of development and no additional water demand is expected. 71 Pa g e 8 Sewer The water district has adequate the capacity to treat the wastewater from the existing approved fire station lot, as evidenced in the 2009 Buck Creek PUD approval and ability to serve letters. Schools The demand on schools remains unchanged with the relocation of both police and fire facilities. Emergency Services Not applicable. Police Not applicable. Parks and Recreation In terms of immediately adjacent parks and recreation impacts, the Trails Master Plan (2009) includes the possible trail connection immediately north of this property to help connect pedestrians from the Town Core to the north eventually to the Buck Creek Trailhead. This is a critical connection to existing recreational facilities and will be maintained with this proposal. Medical The rezoning of the adjacent Lot 1A to a medical office complex and siting the police and fire on Lot 1B will have a synergetic relationship. While there are currently urgent care facilities in the Town Core, the Town lacks adequate opportunities for medical care. Accessibility of these properties to major roadways will be a benefit to not only Avon residents but others in the valley. Library Not applicable. 72 Pa g e 9 Comprehensive Plan Amendment for Lot 1B Written Statement The Application being presented will amend the Future Land Use Map designation of Lot 1B from Neighborhood Commercial, which is already inconsistent with the current zoning, to Civic/Public. REVIEW CRITERIA The following is an examination of the mandatory review criteria for the Planning Commission and Town Council review to consider. This Application responds to each criteria accordingly, and cross references the Rezoning review criteria responses where necessary. (1) The surrounding area is compatible with the land use proposed in the plan amendment or the proposed land use provides an essential public benefit and other locations are not feasible or practical; Response: The land uses in the surrounding area are a mix of multi‐family residential, and commercial including retail, restaurants, service stations and automotive repair. The proposed land use is mixed‐use commercial which will generally allow residential and commercial land uses so the proposed Comprehensive Plan amendment is compatible with the surrounding existing land uses. Additionally, the proposed use provides a significant public benefit by supplying the Avon community with critical medical facilities. 73 Pa g e 10 (2) Transportation services and infrastructure have adequate current capacity or planned capacity, to serve potential traffic demands of the land use proposed in the plan amendment; Response: The land use proposed for the 2.1 acre Lot 1A will have a negligible impact on transportation services and infrastructure when compared with the current zoning for multi‐ family residential development. (3) Public services and facilities have adequate current capacity or planned capacity to serve the land use proposed in the plan amendment; Response: There is adequate current capacity to serve this joint public safety facility. Due diligence work for Lot 1A accommodates service for both properties. (4) The proposed land use in the plan amendment will result in a better location or form of development for the Town, even if the current plan designation is still considered appropriate; Response: This application is submitted concurrent with the amendment for Lot 1A that will allow for the strategic relocation of essential public safety services to an area of Town better suited for this type of development. This strategic location for fire services was targeted for development in 2009 with the acquisition of the adjacent Lot 1A. The colocation of police and fire outside of the Town Core is an improvement in location for both uses. Currently, emergency service personnel must navigate additional stop signs and roundabouts in order to respond to emergency calls. Lot 1B provides a better location for emergency responders for the Town of Avon and neighboring call locations. (5) Strict adherence to the current plan would result in a situation neither intended nor in keeping with other key elements and policies of the plan; Response: Strict adherence to the current planwould preclude the ability to locate emergency service responders on the site and better serve the community needs. (6) The proposed plan amendment will promote the purposes stated in this Development Code; Response: The proposed comp plan amendment will promote the purposes of the Avon Development Code but most significantly demonstrates compliance with purpose 7.04.030(g) While design of a joint facility is in the early stages, this amendment and eventual development of the property could yield savings for the Fire District and ultimately the construction of a facility that will serve the Town and Valley. Lot 1A will be made available for high quality medical facilities and Lot 1B available to police and fire services. 74 Pa g e 11 (7) The proposed plan amendment will promote the health, safety or welfare of the Avon Community and will be consistent with the general goals and policies of the Avon Comprehensive Plan. Response: Public Health and welfare will be promoted with new medical and public safety facilities. Public welfare is broad and inclusive and is often most accurately reflected in the goals and policies contained in the Town’s Comprehensive Plan. Comprehensive planning is the legal basis for zoning and this Comprehensive Plan amendment will allow for the rezoning of Lot 1B to Public Facilities in order to collocate police and fire services on the site. 75 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 Nos. 15-03 and 15-04 Rezoning DATE: April 17, 2015 Summary: Since sending Ordinance Nos 15-03 and 15-04 to Council in the early packet there has been a request by both Avon MOB LLC and the Eagle River Fire Protection District to clarify that the existing Buck Creek PUD would not apply to these lots. This is the effect and intent of rezoning, so this clarification is not substantive. The revision has been made per their request. Also, the Eagle River Fire Protection District desired clarification that the Regional Fire Station site would have direct access to Swift Gulch Road. That has always been presumed and proposed in any site layout. I’ve spoken with Community Development Staff and the best manner of documenting the intent to allow direct access for ingress and egress to Swift Gulch to add a statement into the Avon Comprehensive Plan. The revised Ordinances are submitted in REDLINE format to indicate the changes from the versions sent in the early Council packet. Thank you, Eric Attachments: Ordinance Nos 15-03 and 15-04. M EMORANDUM & PLANNING, LLC Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 1 of 5 TOWN OF AVON, COLORADO ORDINANCE 15-04 SERIES OF 2015 AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND APPROVING A REZONING OF LOT 1B, BUCK CREEK PUD TO PUBLIC FACILITIES RECITALS WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Eagle River Fire Protection District (“Applicant”) has obtained consent of the owner of real property in the Town to submit development applications to the Town, which property is referred to as: “Lot 1B, Buck Creek PUD Avon, according to the plat recorded at December 30, 2009 under reception no. 200927819, County of Eagle, Colorado (“Property”)”; and WHEREAS, the Applicant submitted a Comprehensive Plan Amendment Application and a Rezoning Application (collectively referred to as the “Applications”) to the Town’s Community Development Department on February 6, 2015; and WHEREAS, Avon Municipal Code (“AMC”) §7.16.020(b)(4), Concurrent Review, allows concurrent review of multiple development applications, which concern the same property, and the Town’s Community Development Director has consented to concurrent review; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on March 17, 2015; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and made a recommendation to the Town Council to approve the Applications, with conditions; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application, and has the authority to negotiate and approve the Development Agreement; and WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and a Rezoning application respectively; and Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 2 of 5 WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC Section 7.16.020(d), Step 4: Notice, held public hearings on April 8, 2015, and April 28, 2015 and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, development of the Property in accordance with the Application will provide for orderly growth in accordance with the policy and goals set forth in the Town of Avon Comprehensive Plan, dated February 2006; to stimulate economic growth, secure the reasonable investment-backed expectations of the Applicant, and otherwise achieve the goals and purposes of the Town; and WHEREAS, it is the Town Council’s opinion the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a Public Hearing in order to provide the public an opportunity to present testimony and evidence regarding the application, and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 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. Comprehensive Plan Amendment. The Avon Comprehensive Plan is hereby amended to amend the Future Land Use Plan to designate the Property as Public Facilities, and to add the following sentence to Town District Planning Principles, District 13: Nottingham Road Commercial District, “Buck Creek, Lot 1B is designated for a public facilities use for the planned construction of joint public safety facility including a regional fire station and police station, which facility will require direct ingress and egress access on Swift Gulch to enhance emergency response time.” The Comprehensive Plan amendment shall be effective and subject to the condition stated in Section 4. Condition. Section 3. Rezoning. The Property is hereby rezoned to Public Facilities and the Official Zoning Map is hereby amended to designate the Property as Public Facilities, subject to the condition stated in Section 4. Condition. The Planned Unit Development designation shall no longer apply and all obligations and rights created by the Buck Creek Planned Unit Development are hereby released and extinguished. Section 4. Condition. The effectiveness Section 2 and Section 3 shall be conditioned upon the Applicant taking ownership of the Property by August 14, 2015. If the Applicant does not Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 3 of 5 acquire ownership of the Property by August 14, 2015, the Council may, by motion, grant an extension of the date to satisfy this condition or may adopt an ordinance repealing this Ordinance and shall conduct a public hearing on second reading in accordance with the Avon Charter. Section 5. 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 has 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 6. Effective Date. This Ordinance shall take effect upon satisfaction of the condition sets forth in Section 4, but in no event shall take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic 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 8. 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 9. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 4 of 5 associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 15-04 Lot 1B, Buck Creek PUD Comp Plan Amendment and Rezoning April 821, 2015 FIRST READING Page 5 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 8, 2015 and setting such public hearing for April 28, 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 April 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney TOWN COUNCIL REPORT To: Mayor and Town Council From: Justin Hildreth, Town Engineer Date: April 1, 2015 Agenda Topic: Engineering Analysis Supplement to Case #CPA15001 & REZ15001 Rezoning of Lot 1A from PUD to Mixed-Use Commercial and Comprehensive Plan Amendment from Neighborhood Commercial to Mixed Use Designation Traffic Analysis A traffic study was submitted as required by the Comprehensive Transportation Plan that was prepared by Charles Buck of Felsburg, Holt and Ullevig and analyzed the impacts to the local road network from the medical office building and the proposed Public Safety facility. The project will generate approximately 1,870 daily trips per day (tpd) of which 1,630 tpd are from the medical office building. This will increase the trips on Nottingham Road to 10,880 tpd and it will continue to operate at acceptable levels. The high traffic on Nottingham Road will make left hand turns difficult at Buck Creek Road, medical office building and Swift Gulch Road but the intersections do not warrant any major improvements like a roundabout or stop light at this time. The intersections will be monitored in the future and if conditions warrant, improvements can be made at that time. Pedestrian, Bicycle and Transit Analysis The development will increase the need for pedestrian, bicycle and transit facilities in the area. A pedestrian connection to the Nottingham Road path along Buck Creek is recommended to ensure bicyclists have a safe route from the building to the path. Also, the project is large enough it will create demand for transit service for its employees and customers. A transit stop and sidewalk connection located on the east side of Swift Gulch Road is recommended. The existing Red Line already passes this location and a new stop can easily be added. Drainage Analysis Buck Creek flows north to south through the west side of the property and the floodplain consumes roughly the 70 FT of the west side of the property. The project is not proposing any grading in the floodplain so an analysis of the floodplain is not required. The storm sewer is being rebuilt along Nottingham Road to accommodate the project and Staff is requesting it be extended along the east side to Lot 1B because it is common for developers to construct infrastructure along its frontage and because constructing it later will impact the new landscaping. The project meets other drainage standards including stormwater quality treatment before the runoff enters Buck Creek. 80 From:Justin Hildreth To:Brian Garner Subject:FW: Buck Creek Traffic Study Date:Thursday, April 02, 2015 3:36:37 PM Attachments:LOS.pdf I forgot, he did not update the traffic study. We should attach this email to the traffic study that shows traffic will be at a level of service E for the left had turn movements existing Buck Creek Road and Swift Gulch Road. From: Charles.Buck [mailto:Charles.Buck@FHUENG.COM] Sent: Tuesday, March 03, 2015 12:22 PM To: Justin Hildreth Cc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney (todd.varney@nexcoregroup.com) Subject: RE: Buck Creek Traffic Study Justin: The roundabout would likely be required when traffic operations at the intersection degrade to LOS E. To estimate when this might occur, given the data provided, I did a preliminary iterative analysis for the Nottingham Road/Swift Gulch Road intersection, as follows: · I used the recent count data provided for both Swift Gulch and Nottingham to extract/estimate exiting turning movements. · Based on the 85% of buildout estimate we discussed during the conference call a few weeks ago, I then calculated an annual growth rate to the year 2035 (assuming buildout occurs over a 20 year span). · I calculated background volumes at the intersection using this rate for five-year intervals and added in our site generated traffic. I have attached Synchro LOS worksheets based on the current STOP sign control. You will see that, under these estimated conditions, the existing LOS for the STOP controlled left- turn movement is at LOS C. With the addition of site generated traffic, the LOS for this movement would go to D, primarily due to the increase in through traffic on Nottingham. LOS D would be maintained through the 2020, 2025, and 2030 scenarios. By the year 2035 (representing buildout), the left-turn would go to LOS E. Therefore, given this projected growth trend, the roundabout would be a long-term improvement that would likely not be needed until development served by Nottingham Road approaches buildout. I hope this brief evaluation is helpful to you. Please let me know if you have questions or if I can provide additional information. Thanks, Charles Charles M. Buck, P.E., PTOE 81 Felsburg Holt & Ullevig 6300 S. Syracuse Way, Ste. 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 From: Justin Hildreth [mailto:jhildreth@avon.org ] Sent: Tuesday, March 03, 2015 8:21 AM To: Charles.Buck Cc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney (todd.varney@nexcoregroup.com) Subject: RE: Buck Creek Traffic Study This does contradict what our yearly traffic counts indicate. From 2008 to 2014, the traffic on Swift Gulch Road has varied from 1613 tpd to 1160 tpd, with 2012 being the lowest year. The closest undeveloped lot north of I-70 is by the Post Blvd interchange and I would expect most people would get on I70 rather than Swift Gulch Road to get to Avon Road. My concern is that 5800 VPD may indicate we need a roundabout at Swift Gulch/Nottingham when we don’t. At what volume would a roundabout be required at this intersection? From: Charles.Buck [mailto:Charles.Buck@FHUENG.COM] Sent: Monday, March 02, 2015 8:55 AM To: Justin Hildreth Cc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney (todd.varney@nexcoregroup.com) Subject: RE: Buck Creek Traffic Study Justin: We based the peak hour traffic volumes at Nottingham/Swift Gulch on previous studies we conducted in 2009. I have attached two reports that deal with this intersection. The reports reference “recent traffic counts”, but I was unable to find the data in our electronic files, and all paper materials have long since been archived off-site. At that time, however, we estimated that the intersection met signal warrants, with a roundabout as a potential alternative. The peak hour volumes were extracted from our previous Synchro analysis worksheets and applied to the current Buck Creek PUD analysis. Typically, the PM peak hour represents approximately 10 percent of the total daily traffic volumes, so we calculated the PM peak hour two-way roadway volumes on Swift Gulch and multiplied by 10 to get the approximate daily traffic volume of 5,800 VPD. I hope this helps – please let me know if you have additional questions. Thanks, Charles Charles M. Buck, P.E., PTOE Felsburg Holt & Ullevig 6300 S. Syracuse Way, Ste. 600 Centennial, CO 80111 82 tel 303.721.1440 fax 303.721.0832 From: Justin Hildreth [mailto:jhildreth@avon.org ] Sent: Friday, February 27, 2015 4:18 PM To: Charles.Buck Cc: Matt Pielsticker; Aaron Brewster (aaron.brewster@nexcoregroup.com); Todd Varney (todd.varney@nexcoregroup.com) Subject: Buck Creek Traffic Study Charles, I’m going through the Buck Creek traffic study and am curious where the 5800 tpd for Swift Gulch Road came from. We currently have 1,363 tpd on Swift Gulch Road and that is a 4x increase on that road. Thanks 83 March 9, 2015 Mr. Aaron Brewster Vice President Development & Construction Nexcore Group LLC 1621 18th Street, Suite 250 Denver, CO 80202 Re: Buck Creek Medical Building Traffic Impact Evaluation Avon, Colorado FHU Reference No. 115023-01 Dear Mr. Brewster: Current planning efforts relative to the Buck Creek Planned Unit Development (PUD) in Avon, Colorado have focused on the potential for a new medical office building to be located along the north side of Nottingham Road between Swift Gulch Road and Buck Creek Road. The proposed development would consist of an approximate 45,000 square foot medical office building. Other potential future site uses could include a fire station and a police station. Preliminary planning indicates an approximate 18,000 square foot fire station and an approximate 13,500 square foot police station. Figure 1 illustrates the current site plan concept. As shown, the medical office building would be located on the western portion of the site, adjacent to Buck Creek Road. The fire and police stations would occupy the eastern portion of the site, adjacent to Swift Gulch Road. As proposed, there would be two accesses to the medical office building: one full-movement access onto Nottingham Road, to serve underground structured parking for staff and long-term patients; and one full-movement access onto Buck Creek Road, to serve medical office patient parking as well as primary parking for the fire and police stations. There would be no internal connection between the underground parking structure and the surface parking areas. The fire and police stations would also have full-movement access onto Swift Gulch Road, primarily for emergency vehicle use. Two previous reports addressed the traffic impacts associated with this site:  Buck Creek PUD Traffic Impact Study, Kimley-Horn and Associates, Inc., September 2008.  Traffic Review and Intersection Evaluation, letter report to Mr. Justin Hildreth, P.E., Felsburg Holt & Ullevig, January 28, 2009. Because the proposed site plan represents a change from the previous Buck Creek PUD concept, the purpose of this letter report is to provide an updated evaluation of the potential traffic impacts, with a focus on the Nottingham Road intersections at Buck Creek Road and Swift Gulch Road. 84 March 9, 2015 Mr. Aaron Brewster Nexcore Group LLC Page 2 Trip Generation The travel demand associated with the proposed medical office building was estimated using data compiled and documented in Trip Generation, 9th Edition, Institute of Transportation Engineers (ITE), 2012. ITE rates were also used to estimate trips associated with the potential police station (rates for general office were utilized). The above referenced 2008 Kimley-Horn study provided estimates of the potential fire station trips based on operational information previously provided by the Eagle River Fire Department. Because ITE does not provide data on fire stations, these previous estimates have been carried through in this updated evaluation. Table 1 summarizes the resultant trip generation potential of the current site plan concept. Table 1. Trip Generation Analysis Land Use Quantity (KSF) Daily Trips AM Peak Hour Trips PM Peak Hour Trips In Out Total In Out Total Medical Office Building(1) 45.0 1,630852511045 115 160 Police Station(2) 13.5 150155205 15 20 Fire Station(3) 10.0 901010205 10 15 Total1,8701104015055 140 195 1. ITE Land Use Code 720 Medical Office Building. 2. ITE Land Use Code 710 General Office Building (specific rates for Police Station are not available). 3. Trip Generation extracted from Buck Creek PUD Traffic Impact Study, Kimley-Horn and Associates, Inc., September 2008. As indicated above, the proposed medical office building would generate about 1,630 trips on a daily basis, with about 110 trips during the AM peak hour and about 160 trips during the PM peak hour. The potential fire and police stations would bring the total site traffic to about 1,870 daily trips, including 150 AM peak hour trips and 195 PM peak hour trips. Site Traffic Assignment The trip distribution estimates documented in the 2008 Kimley-Horn report were modified to include site traffic impacts to Swift Gulch Road. The following distribution percentages, depicted on the attached Figure 2, were used to assign the above trip generation estimates to the adjacent roadways:  79 percent oriented to/from the southeast via Nottingham Road  18 percent oriented to/from the west via Nottingham Road  2 percent oriented to/from the east via Swift Gulch Road  1 percent oriented to/from the north via Buck Creek Road Figure 2 also depicts the resultant site generated traffic assignment. As shown, the site is projected to contribute approximately 1,480 vehicles per day (VPD) to Nottingham Road southeast of the site and approximately 330 VPD to the west. Swift Gulch Road would experience site traffic of about 40 VPD, while Buck Creek Road would experience about 20 VPD in site related volumes. 85 March 9, 2015 Mr. Aaron Brewster Nexcore Group LLC Page 3 Background Traffic Conditions Background traffic represents adjacent roadway volumes that are unrelated to site development. For this analysis, buildout conditions were estimated based on an approximate 85 percent level of development along Nottingham Road using count data extracted from the 2008 Kimley-Horn report. These volumes were augmented and adjusted using recent traffic count data contained in the August 28, 2014 annual traffic count report prepared by TDA Colorado for the Town of Avon. Figure 3 depicts the resultant long-term background traffic volumes. As shown, Nottingham Road would carry daily volumes in the range of 12,000 to 12,100 VPD. Swift Gulch Road would carry about 1,600 VPD, and Buck Creek Road would carry about 450 VPD in background traffic. The AM and PM peak hour volumes, depicted on Figure 3, were used to determine the background intersection Levels of Service (LOS) using SYNCHRO, a computerized traffic analysis tool (SYNCHRO worksheets are attached). LOS is a qualitative assessment of the traffic flow characteristics described by a letter designation ranging from “A” to “F.” LOS A represents traffic conditions with essentially uninterrupted flow and minimal delay, whereas LOS F represents excessive congestion and delay. In developed areas, LOS D is typically considered to be acceptable for peak hour intersection operations. Figure 3 also shows the LOS results for the background traffic conditions. As indicated, unsignalized operations at the Nottingham Road/Swift Gulch Road intersection would be acceptable (LOS D or better) under the existing STOP sign control. At the Nottingham Road/Buck Creek Road intersection, traffic operations would be at LOS D or better during peak times. Existing study area accesses would also operate at acceptable LOS under background conditions. Total Traffic Conditions The site generated traffic volumes (Figure 2) were added to the buildout background traffic volumes (Figure 3) to produce the total traffic volumes shown on Figure 4. As shown, total daily volumes along Nottingham Road would range from approximately 12,330 to 13,580 VPD in the vicinity of the site. Swift Gulch Road would carry about 1,640 VPD, and Buck Creek Road would carry about 470 VPD in total traffic volumes. The total peak hour traffic volumes were used to conduct LOS analyses; the results of which are also summarized on Figure 4. It can be seen that the proposed site access onto Buck Creek Road would operate acceptably, at LOS A during peak times, under STOP sign control (westbound approach). The proposed site access onto Swift Gulch Road would also operate acceptably as an unsignalized intersection, at LOS A or B during the peak hours. As indicated, unsignalized operations at Nottingham Road/Swift Gulch Road would experience delays for side-street left-turn movements (LOS E) during the PM peak hour. This condition is typical for unsignalized operations along busy roadways, and is due primarily to the relatively high through-movements projected along Nottingham Road. Note that this condition is anticipated for PM peak hour operations; the AM peak hour LOS would remain within acceptable limits. Per our January 2009 letter report, this intersection would be a candidate for a traffic signal or roundabout in the future to maintain traffic operations at acceptable levels. The roundabout alternative is also identified in the Town of Avon Comprehensive Transportation Plan, Felsburg Holt & Ullevig, October 2009. The planned roundabout would operate at LOS B during peak times. 86 March 9, 2015 Mr. Aaron Brewster Nexcore Group LLC Page 4 At the proposed site access to Nottingham Road, AM peak hour operations would be within acceptable limits, at LOS C or better. During the PM peak hour, however, the STOP controlled site movements are projected to be at LOS E, indicating near-capacity conditions. Because of the short spacing (approximately 170 feet to Buck Creek Road and 220 feet to Swift Gulch Road) and due to the relatively low traffic volumes exiting the site, this access would not be a candidate for traffic control improvements (such as a signal or roundabout). It should be noted that any congestion associated with the projected LOS E would affect only outbound site traffic (primarily left-turns), and any resultant queuing would remain on-site. Thus, potential impacts to mainline operations along Nottingham Road would be minimal. Per the LOS analyses, the maximum probable queue length for motorists exiting the site would be only about two or three vehicles in the PM peak hour. The intersection at Nottingham Road/Buck Creek Road would also operate within acceptable limits during the AM peak hour. During the PM peak hour, however, the southbound left-turn movements are projected to be at LOS E, indicating near-capacity conditions. As previously noted, this condition is due to the relatively heavy through-movements projected along Nottingham Road. Per our January 2009 letter report, the Nottingham Road/Buck Creek Road intersection would not be a candidate for signalization based on criteria contained in the Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, current edition (2009). Similar to the site access, however, any potential congestion would affect only the minor volumes on Buck Creek Road, and would not be expected to impact mainline operations. Per the LOS analyses, the maximum probable queue length for vehicles turning left onto Nottingham Road would be only two or three vehicles in the PM peak hour. Based on an average vehicle length of 25 feet, a maximum storage requirement of 75 feet is indicated, which is well within the 100 feet of left-turn storage currently provided. Potential Mitigation Measures As previously indicated, the proposed site access onto Swift Gulch Road, which would serve the potential future fire and police stations, would operate at acceptable LOS. However, the Town of Avon has identified a potential concern related to westbound traffic on Swift Gulch Road approaching this access. Because the proposed access would occur on a downgrade, and due to the horizontal alignment of Swift Gulch Road, the potential exists for westbound motorists to miss the curve and drive directly into the site access, particularly at night or during inclement weather. To alert approaching motorists to this potential hazard, westbound Swift Gulch Road approaching the access should be appropriately signed and delineated. 87 88 Si t e P l a n Fi g u r e 1 Bu c k C r e e k M e d i c a l O f ﬁ c e s T I A , 1 5 0 2 3 - 0 1 , 1 / 2 7 / 1 5 NO R T H FE L S B U R G HO L T & UL L E V I G 89 Site Generated Trafﬁc Assignment Figure 2 Buck Creek Medical Ofﬁces TIA, 15023-01, 2/2/15 NORTH FELSBURG HOLT& ULLEVIG SITE = AM(PM) Peak Hour Trafﬁc Volumes = Daily Trafﬁc Volumes = Site Trip Distribution XXX(XXX) LEGEND XX% XXXX N o tti n g h a m R d S w i f t G ulch Rd B u c k C r e e k R d 18 % 1 8 % 1%1% 330 2%2% 20 40 7 9 % 7 9 % 1 4 8 0 1(1 ) 1( 1 ) 1 6 ( 6 6 ) 51( 2 3 ) 44( 1 9 ) 4(1 4 ) 3(1 0 ) 13 ( 5 7 ) 7(4) 12( 6 ) 44( 2 3 ) 45 ( 2 0 ) 3(1 3 ) 17( 5 6 ) 11( 5 ) 14( 5 8 ) 1( 1 ) 8 7 ( 4 1 ) 2(2 ) 1(1 ) 2( 2 ) 2 9 ( 1 1 2 ) 1(1) 1(1) 1 ( 1 ) 2 ( 2 ) 2(2) 1(1) 90 Background Trafﬁc Conditions Figure 3 Buck Creek Medical Ofﬁces TIA, 15023-01, 2/9/15 NORTH FELSBURG HOLT& ULLEVIG SITE = AM(PM) Peak Hour Trafﬁc Volumes = Daily Trafﬁc Volumes = AM/PM Peak Hour Level of Service = Stop Sign XXX(XXX) LEGEND XXXX X/X N o tti n g h a m R d S w i f t G ulch Rd B u c k C r e e k R d 12, 0 0 0 450 1600 1 2 , 1 0 0 A/ A A/A A/A B/ B C/ D B/ B B/C A/ A B/ B C/ D A/A A/A 3(3 ) 19 ( 1 2 ) 1 8 ( 2 4 ) 3 4 7 ( 5 4 2 ) 35( 4 5 ) 18( 2 4 ) 3 4 ( 4 7 ) 4 0 6 ( 4 5 9 ) 53(69) 52(7 1 ) 17( 5 ) 1(1) 1( 1 ) 5( 1 0 ) 25( 3 9 ) 10( 5 ) 33( 4 2 ) 344 ( 5 4 3 ) 2(5) 2(2)416 ( 4 8 6 ) 2(4) 2(1 ) 5(5 ) 37 7 ( 5 8 5 ) 5( 2 ) 43 5 ( 5 0 1 ) 5(2 ) 2(5 ) 2(5 ) 91 Total Trafﬁc Conditions Figure 4 Buck Creek Medical Ofﬁces TIA, 15023-01, 2/9/15 NORTH FELSBURG HOLT& ULLEVIG SITE = AM(PM) Peak Hour Trafﬁc Volumes = Daily Trafﬁc Volumes = AM/PM Peak Hour Level of Service = Stop Sign XXX(XXX) LEGEND XXXX X/X O R Roundabout N o tti n g h a m R d S w i f t G ulch Rd B u c k C r e e k R d 1640 1 3 , 5 8 0 12, 3 3 0 470 A/ A A/A A/A B/ B C/ E B/ B B/ B C/ E A/A A/A A/ A C/E C/C A/ A A/B A/B A/A 6(1 3 ) 32 ( 6 9 ) 1 9 ( 2 5 ) 4 3 4 ( 5 8 3 ) 37( 4 7 ) 19( 2 5 ) 3 6 ( 4 9 ) 4 3 5 ( 5 7 1 ) 17( 5 ) 2(2 ) 2( 2 ) 2 1 ( 7 7 ) 25( 3 9 ) 61( 2 8 ) 77( 6 1 ) 348 ( 5 5 7 ) 2(5) 9(6) 428 ( 4 9 2 ) 2(4) 2(1 ) 5(5 ) 2(5 ) 2(5 ) 3(1 3 ) 17( 5 6 ) 1(1) 54(70 ) 1 ( 1 ) 2 ( 2 ) 2(2) 53(7 2 ) 44 ( 2 3 ) 42 2 ( 6 0 5 ) 5( 2 ) 11( 5 ) 44 9 ( 5 5 9 ) 5(2 ) 92 HCM 2010 TWSC Background AM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 Report FHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh0.6 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 241622344332051903 Conflicting Peds, #/hr000000000000 Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop RT Channelized --None --None --None --None Storage Length ---------200-0 Veh in Median Storage, #-0--0--0--0- Grade, %-0--0--0--0- Peak Hour Factor 929292929292929292929292 Heavy Vehicles, %222222222222 Mvmt Flow245222374362052103 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All4100045400854872453856855392 Stage 1------458458-396396- Stage 2 ------396414-460459- Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22 Critical Hdwy Stg 1 ------6.125.52-6.125.52- Critical Hdwy Stg 2 ------6.125.52-6.125.52- Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318 Pot Cap-1 Maneuver1149--1107--279289607278296657 Stage 1 ------583567-629604- Stage 2 ------629593-581566- Platoon blocked, %---- Mov Cap-1 Maneuver1149--1107--277288607275295657 Mov Cap-2 Maneuver ------277288-275295- Stage 1 ------582566-628603- Stage 2 ------625592-575565- Approach EB WB NB SB HCM Control Delay, s0 0 13.1 18 HCM LOS B C Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)4531149--1107--275657 HCM Lane V/C Ratio0.0170.002--0.002--0.0750.005 HCM Control Delay (s)13.18.10-8.30-19.210.5 HCM Lane LOS BAA-AA-CB HCM 95th %tile Q(veh)0.10--0--0.20 93 HCM 2010 TWSC Background AM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 Report FHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh0.1 Movement EBTEBRWBLWBT NBLNBR Vol, veh/h 43555377 22 Conflicting Peds, #/hr 0000 00 Sign Control FreeFreeFreeFree StopStop RT Channelized -None -None -None Storage Length ----0 - Veh in Median Storage, #0--0 0 - Grade, %0--0 0 - Peak Hour Factor 92929292 9292 Heavy Vehicles, %2222 22 Mvmt Flow 47355410 22 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 004780 897476 Stage 1 ----476 - Stage 2 ----421 - Critical Hdwy --4.12-6.426.22 Critical Hdwy Stg 1 ----5.42 - Critical Hdwy Stg 2 ----5.42 - Follow-up Hdwy --2.218-3.5183.318 Pot Cap-1 Maneuver --1084-310589 Stage 1 ----625 - Stage 2 ----662 - Platoon blocked, %--- Mov Cap-1 Maneuver --1084-308589 Mov Cap-2 Maneuver ----308 - Stage 1 ----625 - Stage 2 ----658 - Approach EB WB NB HCM Control Delay, s 0 0.1 14 HCM LOS B Minor Lane/Major MvmtNBLn1EBTEBRWBLWBT Capacity (veh/h)404--1084- HCM Lane V/C Ratio0.011--0.005- HCM Control Delay (s)14--8.30 HCM Lane LOS B--AA HCM 95th %tile Q(veh)0--0- 94 HCM 2010 TWSC Background AM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 Report FHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh3 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 51 2510171 Conflicting Peds, #/hr00 0000 Sign Control StopStop FreeFreeFreeFree RT Channelized -None -None -None Storage Length 0 ----- Veh in Median Storage, #0 -0--0 Grade, %0 -0--0 Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow512711181 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 7133 00380 Stage 1 33 ----- Stage 2 38 ----- Critical Hdwy 6.426.22 --4.12- Critical Hdwy Stg 15.42 ----- Critical Hdwy Stg 25.42 ----- Follow-up Hdwy 3.5183.318 --2.218- Pot Cap-1 Maneuver9331041 --1572- Stage 1 989 ----- Stage 2 984 ----- Platoon blocked, %--- Mov Cap-1 Maneuver9231041 --1572- Mov Cap-2 Maneuver923 ----- Stage 1 989 ----- Stage 2 973 ----- Approach WB NB SB HCM Control Delay, s8.9 0 6.9 HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9411572- HCM Lane V/C Ratio --0.0070.012- HCM Control Delay (s)--8.97.30 HCM Lane LOS --AAA HCM 95th %tile Q(veh)--00- 95 HCM 2010 TWSC Background AM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background AM Synchro 8 Report FHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh1.1 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 34406 347181835 Conflicting Peds, #/hr00 0000 Sign Control FreeFree FreeFreeStopStop RT Channelized -None -None -None Storage Length ----2000 Veh in Median Storage, #-0 0-0 - Grade, %-0 0-0 - Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow 37441 377202038 Major/Minor Major1 Major2 Minor2 Conflicting Flow All3970 -0902387 Stage 1 ----387 - Stage 2 ----515 - Critical Hdwy 4.12---6.426.22 Critical Hdwy Stg 1 ----5.42 - Critical Hdwy Stg 2 ----5.42 - Follow-up Hdwy 2.218---3.5183.318 Pot Cap-1 Maneuver1162---308661 Stage 1 ----686 - Stage 2 ----600 - Platoon blocked, %--- Mov Cap-1 Maneuver1162---295661 Mov Cap-2 Maneuver ----295 - Stage 1 ----686 - Stage 2 ----575 - Approach EB WB SB HCM Control Delay, s0.6 0 13.3 HCM LOS B Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)1162---295661 HCM Lane V/C Ratio0.032---0.0660.058 HCM Control Delay (s)8.20--18.110.8 HCM Lane LOS AA--CB HCM 95th %tile Q(veh)0.1---0.20.2 96 HCM 2010 TWSC Background PM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 Report FHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh0.5 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 248645543421051203 Conflicting Peds, #/hr000000000000 Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop RT Channelized --None --None --None --None Storage Length ---------200-0 Veh in Median Storage, #-0--0--0--0- Grade, %-0--0--0--0- Peak Hour Factor 929292929292929292929292 Heavy Vehicles, %222222222222 Mvmt Flow252845590461051303 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All63600533001159118253011621161613 Stage 1------535535-624624- Stage 2 ------624647-538537- Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22 Critical Hdwy Stg 1 ------6.125.52-6.125.52- Critical Hdwy Stg 2 ------6.125.52-6.125.52- Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318 Pot Cap-1 Maneuver947--1035--173190549172195492 Stage 1 ------529524-473478- Stage 2 ------473467-527523- Platoon blocked, %---- Mov Cap-1 Maneuver947--1035--170188549169193492 Mov Cap-2 Maneuver ------170188-169193- Stage 1 ------527522-472474- Stage 2 ------466463-520521- Approach EB WB NB SB HCM Control Delay, s0 0.1 14.1 25 HCM LOS B D Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)400947--1035--169492 HCM Lane V/C Ratio0.0160.002--0.005--0.0770.007 HCM Control Delay (s)14.18.80-8.50-28.112.4 HCM Lane LOS BAA-AA-DB HCM 95th %tile Q(veh)0.10--0--0.20 97 HCM 2010 TWSC Background PM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 Report FHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh0.2 Movement EBTEBRWBLWBT NBLNBR Vol, veh/h 50122585 55 Conflicting Peds, #/hr 0000 00 Sign Control FreeFreeFreeFree StopStop RT Channelized -None -None -None Storage Length ----0 - Veh in Median Storage, #0--0 0 - Grade, %0--0 0 - Peak Hour Factor 92929292 9292 Heavy Vehicles, %2222 22 Mvmt Flow 54522636 55 Major/Minor Major1 Major2 Minor1 Conflicting Flow All 005470 1186546 Stage 1 ----546 - Stage 2 ----640 - Critical Hdwy --4.12-6.426.22 Critical Hdwy Stg 1 ----5.42 - Critical Hdwy Stg 2 ----5.42 - Follow-up Hdwy --2.218-3.5183.318 Pot Cap-1 Maneuver --1022-208538 Stage 1 ----580 - Stage 2 ----525 - Platoon blocked, %--- Mov Cap-1 Maneuver --1022-207538 Mov Cap-2 Maneuver ----207 - Stage 1 ----580 - Stage 2 ----523 - Approach EB WB NB HCM Control Delay, s 0 0 17.5 HCM LOS C Minor Lane/Major MvmtNBLn1EBTEBRWBLWBT Capacity (veh/h)299--1022- HCM Lane V/C Ratio0.036--0.002- HCM Control Delay (s)17.5--8.50 HCM Lane LOS C--AA HCM 95th %tile Q(veh)0.1--0- 98 HCM 2010 TWSC Background PM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 Report FHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh2.2 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 101 39551 Conflicting Peds, #/hr00 0000 Sign Control StopStop FreeFreeFreeFree RT Channelized -None -None -None Storage Length 0 ----- Veh in Median Storage, #0 -0--0 Grade, %0 -0--0 Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow11142551 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 5745 00480 Stage 1 45 ----- Stage 2 12 ----- Critical Hdwy 6.426.22 --4.12- Critical Hdwy Stg 15.42 ----- Critical Hdwy Stg 25.42 ----- Follow-up Hdwy 3.5183.318 --2.218- Pot Cap-1 Maneuver9501025 --1559- Stage 1 977 ----- Stage 2 1011 ----- Platoon blocked, %--- Mov Cap-1 Maneuver9471025 --1559- Mov Cap-2 Maneuver947 ----- Stage 1 977 ----- Stage 2 1008 ----- Approach WB NB SB HCM Control Delay, s8.8 0 6.1 HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9541559- HCM Lane V/C Ratio --0.0130.003- HCM Control Delay (s)--8.87.30 HCM Lane LOS --AAA HCM 95th %tile Q(veh)--00- 99 HCM 2010 TWSC Background PM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Background PM Synchro 8 Report FHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh1.4 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 47459 542242445 Conflicting Peds, #/hr00 0000 Sign Control FreeFree FreeFreeStopStop RT Channelized -None -None -None Storage Length ----2000 Veh in Median Storage, #-0 0-0 - Grade, %-0 0-0 - Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow 51499 589262649 Major/Minor Major1 Major2 Minor2 Conflicting Flow All6150 -01203602 Stage 1 ----602 - Stage 2 ----601 - Critical Hdwy 4.12---6.426.22 Critical Hdwy Stg 1 ----5.42 - Critical Hdwy Stg 2 ----5.42 - Follow-up Hdwy 2.218---3.5183.318 Pot Cap-1 Maneuver965---204500 Stage 1 ----547 - Stage 2 ----547 - Platoon blocked, %--- Mov Cap-1 Maneuver965---189500 Mov Cap-2 Maneuver ----189 - Stage 1 ----547 - Stage 2 ----507 - Approach EB WB SB HCM Control Delay, s0.8 0 17.9 HCM LOS C Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)965---189500 HCM Lane V/C Ratio0.053---0.1380.098 HCM Control Delay (s)8.90--27.113 HCM Lane LOS AA--DB HCM 95th %tile Q(veh)0.2---0.50.3 100 HCM 2010 TWSC Total Traffic AM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 Report FHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh1.2 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 942822348772053706 Conflicting Peds, #/hr000000000000 Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop RT Channelized --None --None --None --None Storage Length ---------200-0 Veh in Median Storage, #-0--0--0--0- Grade, %-0--0--0--0- Peak Hour Factor 929292929292929292929292 Heavy Vehicles, %222222222222 Mvmt Flow1046522378842054007 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All4620046700910952466913911420 Stage 1------486486-424424- Stage 2 ------424466-489487- Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22 Critical Hdwy Stg 1 ------6.125.52-6.125.52- Critical Hdwy Stg 2 ------6.125.52-6.125.52- Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318 Pot Cap-1 Maneuver1099--1094--255259597254274633 Stage 1 ------563551-608587- Stage 2 ------608562-561550- Platoon blocked, %---- Mov Cap-1 Maneuver1099--1094--250255597249270633 Mov Cap-2 Maneuver ------250255-249270- Stage 1 ------556544-601586- Stage 2 ------601561-549543- Approach EB WB NB SB HCM Control Delay, s0.2 0 13.6 20.6 HCM LOS B C Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)4271099--1094--249633 HCM Lane V/C Ratio0.0180.009--0.002--0.1620.01 HCM Control Delay (s)13.68.30-8.30-22.210.7 HCM Lane LOS BAA-AA-CB HCM 95th %tile Q(veh)0.10--0--0.60 101 HCM 2010 TWSC Total Traffic AM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 Report FHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh0.7 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 1144955422442021703 Conflicting Peds, #/hr000000000000 Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop RT Channelized --None --None --None --None Storage Length ------------ Veh in Median Storage, #-0--0--0--0- Grade, %-0--0--0--0- Peak Hour Factor 929292929292929292929292 Heavy Vehicles, %222222222222 Mvmt Flow1248855459482021803 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All50700493001010103249110091010483 Stage 1------515515-493493- Stage 2 ------495517-516517- Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22 Critical Hdwy Stg 1 ------6.125.52-6.125.52- Critical Hdwy Stg 2 ------6.125.52-6.125.52- Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318 Pot Cap-1 Maneuver1058--1071--218233578219240584 Stage 1 ------543535-558547- Stage 2 ------556534-542534- Platoon blocked, %---- Mov Cap-1 Maneuver1058--1071--213228578214235584 Mov Cap-2 Maneuver ------213228-214235- Stage 1 ------534526-549543- Stage 2 ------549530-531525- Approach EB WB NB SB HCM Control Delay, s0.2 0.1 16.7 21.8 HCM LOS C C Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1 Capacity (veh/h)3111058--1071--236 HCM Lane V/C Ratio0.0140.011--0.005--0.092 HCM Control Delay (s)16.78.40-8.40-21.8 HCM Lane LOS CAA-AA-C HCM 95th %tile Q(veh)00--0--0.3 102 HCM 2010 TWSC Total Traffic AM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 Report FHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh1.7 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 212 2561217 Conflicting Peds, #/hr00 0000 Sign Control StopStop FreeFreeFreeFree RT Channelized -None -None -None Storage Length 0 ----- Veh in Median Storage, #0 -0--0 Grade, %0 -0--0 Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow2322766218 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 8360 00930 Stage 1 60 ----- Stage 2 23 ----- Critical Hdwy 6.426.22 --4.12- Critical Hdwy Stg 15.42 ----- Critical Hdwy Stg 25.42 ----- Follow-up Hdwy 3.5183.318 --2.218- Pot Cap-1 Maneuver9191005 --1501- Stage 1 963 ----- Stage 2 1000 ----- Platoon blocked, %--- Mov Cap-1 Maneuver9181005 --1501- Mov Cap-2 Maneuver918 ----- Stage 1 963 ----- Stage 2 999 ----- Approach WB NB SB HCM Control Delay, s9 0 0.8 HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9251501- HCM Lane V/C Ratio --0.0270.001- HCM Control Delay (s)--97.40 HCM Lane LOS --AAA HCM 95th %tile Q(veh)--0.10- 103 HCM 2010 TWSC Total Traffic AM Peak Hour 11: Swift Gulch Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 Report FHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh0.4 Movement EBLEBRNBLNBT SBTSBR Vol, veh/h 12253 541 Conflicting Peds, #/hr0000 00 Sign Control StopStopFreeFree FreeFree RT Channelized -None -None -None Storage Length 0 ----- Veh in Median Storage, #0 --0 0- Grade, %0 --0 0- Peak Hour Factor 92929292 9292 Heavy Vehicles, %2222 22 Mvmt Flow 12258 591 Major/Minor Minor2 Major1 Major2 Conflicting Flow All12159600 -0 Stage 1 59 ----- Stage 2 62 ----- Critical Hdwy 6.426.224.12--- Critical Hdwy Stg 15.42 ----- Critical Hdwy Stg 25.42 ----- Follow-up Hdwy 3.5183.3182.218--- Pot Cap-1 Maneuver87410071544--- Stage 1 964 ----- Stage 2 961 ----- Platoon blocked, %--- Mov Cap-1 Maneuver87310071544--- Mov Cap-2 Maneuver873 ----- Stage 1 964 ----- Stage 2 960 ----- Approach EB NB SB HCM Control Delay, s8.8 0.3 0 HCM LOS A Minor Lane/Major MvmtNBLNBTEBLn1SBTSBR Capacity (veh/h)1544-958-- HCM Lane V/C Ratio0.001-0.003-- HCM Control Delay (s)7.308.8-- HCM Lane LOS AAA-- HCM 95th %tile Q(veh)0-0-- 104 HCM 2010 TWSC Total Traffic AM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM Synchro 8 Report FHU Reference No. 15-023-01 Page 5 Intersection Int Delay, s/veh1.1 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 36435 434191937 Conflicting Peds, #/hr00 0000 Sign Control FreeFree FreeFreeStopStop RT Channelized -None -None -None Storage Length ----2000 Veh in Median Storage, #-0 0-0 - Grade, %-0 0-0 - Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow 39473 472212140 Major/Minor Major1 Major2 Minor2 Conflicting Flow All4920 -01033482 Stage 1 ----482 - Stage 2 ----551 - Critical Hdwy 4.12---6.426.22 Critical Hdwy Stg 1 ----5.42 - Critical Hdwy Stg 2 ----5.42 - Follow-up Hdwy 2.218---3.5183.318 Pot Cap-1 Maneuver1071---258584 Stage 1 ----621 - Stage 2 ----577 - Platoon blocked, %--- Mov Cap-1 Maneuver1071---245584 Mov Cap-2 Maneuver ----245 - Stage 1 ----621 - Stage 2 ----549 - Approach EB WB SB HCM Control Delay, s0.6 0 14.8 HCM LOS B Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)1071---245584 HCM Lane V/C Ratio0.037---0.0840.069 HCM Control Delay (s)8.50--2111.6 HCM Lane LOS AA--CB HCM 95th %tile Q(veh)0.1---0.30.2 105 HCM 2010 Roundabout Total Traffic AM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic AM w/ Roundabout Synchro 8 Report FHU Reference No. 15-023-01 Page 1 Intersection Intersection Delay, s/veh8.4 Intersection LOS A Approach EB WB SB Entry Lanes 1 1 1 Conflicting Circle Lanes 1 1 1 Adj Approach Flow, veh/h 512 493 61 Demand Flow Rate, veh/h 522 502 62 Vehicles Circulating, veh/h 21 40 481 Vehicles Exiting, veh/h 522 503 61 Follow-Up Headway, s 3.186 3.186 3.186 Ped Vol Crossing Leg, #/h 0 0 0 Ped Cap Adj 1.000 1.000 1.000 Approach Delay, s/veh 8.6 8.6 6.2 Approach LOS A A A Lane Left Left Left Designated Moves LT TR LR Assumed Moves LT TR LR RT Channelized Lane Util1.0001.0001.000 Critical Headway, s5.193 5.193 5.193 Entry Flow, veh/h 522 502 62 Cap Entry Lane, veh/h1106 1086 698 Entry HV Adj Factor0.980 0.981 0.984 Flow Entry, veh/h 512 493 61 Cap Entry, veh/h 1084 1065 687 V/C Ratio 0.472 0.462 0.089 Control Delay, s/veh8.6 8.6 6.2 LOS A A A 95th %tile Queue, veh3 2 0 106 HCM 2010 TWSC Total Traffic PM Peak Hour 3: Buck Creek Road & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 Report FHU Reference No. 15-023-01 Page 1 Intersection Int Delay, s/veh3 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 6492455576110569013 Conflicting Peds, #/hr000000000000 Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop RT Channelized --None --None --None --None Storage Length ---------200-0 Veh in Median Storage, #-0--0--0--0- Grade, %-0--0--0--0- Peak Hour Factor 929292929292929292929292 Heavy Vehicles, %222222222222 Mvmt Flow7535456056610575014 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All67200539001199123353712021201639 Stage 1------550550-649649- Stage 2 ------649683-553552- Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22 Critical Hdwy Stg 1 ------6.125.52-6.125.52- Critical Hdwy Stg 2 ------6.125.52-6.125.52- Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318 Pot Cap-1 Maneuver919--1029--162177544161185476 Stage 1 ------519516-458466- Stage 2 ------458449-517515- Platoon blocked, %---- Mov Cap-1 Maneuver919--1029--155174544157182476 Mov Cap-2 Maneuver ------155174-157182- Stage 1 ------513510-453462- Stage 2 ------441445-506509- Approach EB WB NB SB HCM Control Delay, s0.1 0.1 14.5 41.8 HCM LOS B E Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1SBLn2 Capacity (veh/h)384919--1029--157476 HCM Lane V/C Ratio0.0170.007--0.005--0.4780.03 HCM Control Delay (s)14.58.90-8.50-47.312.8 HCM Lane LOS BAA-AA-EB HCM 95th %tile Q(veh)0.10--0--2.20.1 107 HCM 2010 TWSC Total Traffic PM Peak Hour 6: Access & Nottingham Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 Report FHU Reference No. 15-023-01 Page 2 Intersection Int Delay, s/veh2.8 Movement EBLEBTEBRWBLWBTWBRNBLNBTNBRSBLSBTSBR Vol, veh/h 5559226052350556013 Conflicting Peds, #/hr000000000000 Sign Control FreeFreeFreeFreeFreeFreeStopStopStopStopStopStop RT Channelized --None --None --None --None Storage Length ------------ Veh in Median Storage, #-0--0--0--0- Grade, %-0--0--0--0- Peak Hour Factor 929292929292929292929292 Heavy Vehicles, %222222222222 Mvmt Flow5608226582550561014 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All68300610001302130760912961295670 Stage 1------620620-674674- Stage 2 ------682687-622621- Critical Hdwy 4.12--4.12--7.126.526.227.126.526.22 Critical Hdwy Stg 1 ------6.125.52-6.125.52- Critical Hdwy Stg 2 ------6.125.52-6.125.52- Follow-up Hdwy 2.218--2.218--3.5184.0183.3183.5184.0183.318 Pot Cap-1 Maneuver910--969--138160495139162457 Stage 1 ------476480-444454- Stage 2 ------440447-474479- Platoon blocked, %---- Mov Cap-1 Maneuver910--969--133158495136160457 Mov Cap-2 Maneuver ------133158-136160- Stage 1 ------472476-440453- Stage 2 ------425446-465475- Approach EB WB NB SB HCM Control Delay, s0.1 0 23.1 47.3 HCM LOS C E Minor Lane/Major MvmtNBLn1EBLEBTEBRWBLWBTWBRSBLn1 Capacity (veh/h)210910--969--157 HCM Lane V/C Ratio0.0520.006--0.002--0.478 HCM Control Delay (s)23.190-8.70-47.3 HCM Lane LOS CAA-AA-E HCM 95th %tile Q(veh)0.20--0--2.2 108 HCM 2010 TWSC Total Traffic PM Peak Hour 9: Buck Creek Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 Report FHU Reference No. 15-023-01 Page 3 Intersection Int Delay, s/veh4.8 Movement WBLWBR NBTNBRSBLSBT Vol, veh/h 772 392825 Conflicting Peds, #/hr00 0000 Sign Control StopStop FreeFreeFreeFree RT Channelized -None -None -None Storage Length 0 ----- Veh in Median Storage, #0 -0--0 Grade, %0 -0--0 Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow842423025 Major/Minor Minor1 Major1 Major2 Conflicting Flow All 6858 00730 Stage 1 58 ----- Stage 2 10 ----- Critical Hdwy 6.426.22 --4.12- Critical Hdwy Stg 15.42 ----- Critical Hdwy Stg 25.42 ----- Follow-up Hdwy 3.5183.318 --2.218- Pot Cap-1 Maneuver9371008 --1527- Stage 1 965 ----- Stage 2 1013 ----- Platoon blocked, %--- Mov Cap-1 Maneuver9361008 --1527- Mov Cap-2 Maneuver936 ----- Stage 1 965 ----- Stage 2 1012 ----- Approach WB NB SB HCM Control Delay, s9.2 0 2.1 HCM LOS A Minor Lane/Major MvmtNBTNBRWBLn1SBLSBT Capacity (veh/h)--9381527- HCM Lane V/C Ratio --0.0920.001- HCM Control Delay (s)--9.27.40 HCM Lane LOS --AAA HCM 95th %tile Q(veh)--0.30- 109 HCM 2010 TWSC Total Traffic PM Peak Hour 11: Swift Gulch Road & Access 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 Report FHU Reference No. 15-023-01 Page 4 Intersection Int Delay, s/veh0.3 Movement EBLEBRNBLNBT SBTSBR Vol, veh/h 12272 701 Conflicting Peds, #/hr0000 00 Sign Control StopStopFreeFree FreeFree RT Channelized -None -None -None Storage Length 0 ----- Veh in Median Storage, #0 --0 0- Grade, %0 --0 0- Peak Hour Factor 92929292 9292 Heavy Vehicles, %2222 22 Mvmt Flow 12278 761 Major/Minor Minor2 Major1 Major2 Conflicting Flow All16077770 -0 Stage 1 77 ----- Stage 2 83 ----- Critical Hdwy 6.426.224.12--- Critical Hdwy Stg 15.42 ----- Critical Hdwy Stg 25.42 ----- Follow-up Hdwy 3.5183.3182.218--- Pot Cap-1 Maneuver8319841522--- Stage 1 946 ----- Stage 2 940 ----- Platoon blocked, %--- Mov Cap-1 Maneuver8309841522--- Mov Cap-2 Maneuver830 ----- Stage 1 946 ----- Stage 2 939 ----- Approach EB NB SB HCM Control Delay, s8.9 0.2 0 HCM LOS A Minor Lane/Major MvmtNBLNBTEBLn1SBTSBR Capacity (veh/h)1522-927-- HCM Lane V/C Ratio0.001-0.004-- HCM Control Delay (s)7.408.9-- HCM Lane LOS AAA-- HCM 95th %tile Q(veh)0-0-- 110 HCM 2010 TWSC Total Traffic PM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM Synchro 8 Report FHU Reference No. 15-023-01 Page 5 Intersection Int Delay, s/veh1.5 Movement EBLEBT WBTWBRSBLSBR Vol, veh/h 49571 583252547 Conflicting Peds, #/hr00 0000 Sign Control FreeFree FreeFreeStopStop RT Channelized -None -None -None Storage Length ----2000 Veh in Median Storage, #-0 0-0 - Grade, %-0 0-0 - Peak Hour Factor 9292 92929292 Heavy Vehicles, %22 2222 Mvmt Flow 53621 634272751 Major/Minor Major1 Major2 Minor2 Conflicting Flow All6610 -01374647 Stage 1 ----647 - Stage 2 ----727 - Critical Hdwy 4.12---6.426.22 Critical Hdwy Stg 1 ----5.42 - Critical Hdwy Stg 2 ----5.42 - Follow-up Hdwy 2.218---3.5183.318 Pot Cap-1 Maneuver927---160471 Stage 1 ----521 - Stage 2 ----478 - Platoon blocked, %--- Mov Cap-1 Maneuver927---146471 Mov Cap-2 Maneuver ----146 - Stage 1 ----521 - Stage 2 ----436 - Approach EB WB SB HCM Control Delay, s0.7 0 21.1 HCM LOS C Minor Lane/Major MvmtEBLEBTWBTWBRSBLn1SBLn2 Capacity (veh/h)927---146471 HCM Lane V/C Ratio0.057---0.1860.108 HCM Control Delay (s)9.10--35.213.6 HCM Lane LOS AA--EB HCM 95th %tile Q(veh)0.2---0.70.4 111 HCM 2010 Roundabout Total Traffic PM Peak Hour 12: Nottingham Road & Swift Gulch Road 3/5/2015 Buck Creek PUD TIA 1/26/2015 Total Traffic PM w/ Roundabout Synchro 8 Report FHU Reference No. 15-023-01 Page 1 Intersection Intersection Delay, s/veh11.8 Intersection LOS B Approach EB WB SB Entry Lanes 1 1 1 Conflicting Circle Lanes 1 1 1 Adj Approach Flow, veh/h 674 661 78 Demand Flow Rate, veh/h 687 675 80 Vehicles Circulating, veh/h 28 54 647 Vehicles Exiting, veh/h 699 661 82 Follow-Up Headway, s 3.186 3.186 3.186 Ped Vol Crossing Leg, #/h 0 0 0 Ped Cap Adj 1.000 1.000 1.000 Approach Delay, s/veh 11.9 12.2 7.9 Approach LOS B B A Lane Left Left Left Designated Moves LT TR LR Assumed Moves LT TR LR RT Channelized Lane Util1.0001.0001.000 Critical Headway, s5.193 5.193 5.193 Entry Flow, veh/h 687 675 80 Cap Entry Lane, veh/h1099 1071 592 Entry HV Adj Factor0.980 0.980 0.975 Flow Entry, veh/h 674 661 78 Cap Entry, veh/h 1077 1049 577 V/C Ratio 0.625 0.631 0.135 Control Delay, s/veh11.9 12.2 7.9 LOS B B A 95th %tile Queue, veh5 5 0 112 1 Matt Pielsticker From:Brian Sipes <brisico@gmail.com> Sent:Monday, March 02, 2015 2:01 PM To:Matt Pielsticker; Virginia Egger; Tamra Underwood; Kristi Ferraro; Ron Wolfe; Rich Carroll; Jennie Fancher; Amy Phillips Cc:Elizabeth (Kemery) Sipes; Jonathan Sherman; Candy Spaid; Joanne Sherman; Megan Burch; Tim Burch; watts_vail@hotmail.com; Ken Kolano Subject:Lot 1A rezoning application - public comment Hi Matt, I am unable to attend the Lots 1A -1B open house tonight, but did want to register some comments about the 1A application. The link to the application (http://www.avon.org/index.aspx?NID=748) from the press release was just fixed and so I have only been able to briefly review the information and so I may have additional comments as I review further. I offer these comments as a neighbor within the notification boundary: Rezoning  The application states a perceived preference for straight zoning over PUD zoning with a development plan. I think this is absolutely wrong when the change would support development that is less sensitive to the surrounding context. This is a transitional parcel and so if their contention is that this application would make this parcel more consistent with MC zoning elsewhere in town then I would say that MC zoning is not appropriate if it doesn't recognize that transition.  I believe rezoning this parcel without understanding a development plan (and tying the development to the plan as in a PUD) is a mistake. The sites proximity to Walking Mountains and the entry to our most prominent residential communities I believe demands a little more oversight. I see no compelling benefit to the town to give up that oversight. Consistency is not a benefit in this case.  We need to understand the development also in context with the wetlands, wildlife migration and riparian areas present on the site. What does it say about us as a town if we promote Walking Mountains while allowing a neighboring developer to negatively impact our environment because we gave up that oversight now present in the PUD? I am absolutely not saying that is their intent, but without a development plan that identifies those areas and protects them, how do we know? Building Height  The application seems to confuse the building height of the multi-family (42 ft) with their proposal on 1A (60 ft). I think they need to clarify their language and what they propose relative to the development plan for the fire station.  The development plan from the existing PUD considered the impact of the massing to the residential development to the west. Even the modest bulk of the fire station was mitigated by stepping the development to the west with the administration building being in scale with the residential buildings to the west.  We are very much in opposition to the proposed 60' height. This is not an appropriate location for this king of height (which is not much less than town center).  The applicant proposes to step the height from Nottingham road, but does not seem to consider the impact this height will have from the north and from Walking Mountains. 113 2  As you probably recall, the existing PUD amended the previous PUD specifically to reduce the building height of the proposed hotel on 1A to bring it more in scale with the neighborhood, This application appears to be going back to an idea that was already rejected. Traffic Impact  The applicant proposes staff to enter a garage off Nottingham Road while the steady stream of patients are proposed to access off Buck Creek Road and Walking Mountains Lane. I would like to see hard traffic numbers comparing this proposal to the current residential and fire district uses on both Nottingham, Swift Gulch and Buck Creek Roads.  Again, I strongly believe it is in the town's interest to understand and preserve the arrival experience to Walking Mountains and so understanding the traffic is critical.  Question: Would this application trigger the construction of a roundabout at swift gulch as previously contemplated? Water:  I would like to see hard data in support of their claim that the medical office use will use less water as they claim. This should not be a subjective statement. We just need hard numbers of use and the Authority will want this too, I would think. Please make the above comments part of the public record and please notify me of future public meetings on these parcels. I will endeavor to be present for the next one. I will also read the application more thoroughly and let you know if I have additional comments. Thank you! Brian Sipes 180 Nottingham Road 114 1 Matt PielstickerSubject:FW: Lot 1A rezoning application - public comment - CONFIDENTIAL From: Jennie Fancher <jfancher@avon.org> Date: Wednesday, March 4, 2015 at 11:24 AM To: Matt Pielsticker <mpielsticker@avon.org>, Eric Heil <ericheillaw@gmail.com> Subject: Fwd: Lot 1A rezoning application ‐ public comment ‐ CONFIDENTIAL FYI Jennie Fancher Sent from my iPhone Begin forwarded message: From: Todd Varney <todd.varney@nexcoregroup.com<mailto:todd.varney@nexcoregroup.com>> Date: March 4, 2015 at 11:05:53 AM MST To: Jennie Fancher <jfancher@avon.org<mailto:jfancher@avon.org>>, Virginia Egger <vegger@avon.org<mailto:vegger@avon.org>> Cc: William Maggard <william.maggard@nexcoregroup.com<mailto:william.maggard@nexcoregroup.com>> Subject: FW: Lot 1A rezoning application - public comment - CONFIDENTIAL We are spending a lot of time and design energy to address many of the concerns noted here and those Markian brought up Monday night. We will be sure to adjust our building in an attempt to make everybody happy. One area that we cannot modify is the height. We cannot make the deal work at less than 59 feet, and if Brian gets momentum and we are asked to reduce the height, it will kill the deal. It is important, if appropriate, to have somebody let the planning and zoning folks know this ahead of time. I am not sure we would be allowed to, so perhaps somebody with the Town can. We are coming to the meeting on the 17th with a lot more detail and more sketches to address the concerns of Brian, Markian and others. Thank you, Todd ex parte 115 116 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Susan Fairweather, Director of Economic Initiatives Date: April 7, 2015 Re: Economic Impact Considerations for the Proposed Medical Office Building BACKGROUND The benefits a community receives as a result of the location of a medical office facility are generally understood to bring a net positive impact to the local economy. In seeking to evaluate the potential economic benefit from the Buck Creek Medical Office Building (MOB), which has applied for a rezoning of Buck Creek PUD Lot 1A, I reached out to the NexCore Group, the developer of the MOB, for information regarding the proposed medical facility. NexCore, due to confidentiality requirements, is unable to provide the names of their contracted and potential occupants of the proposed building in Avon, but is able to provide relevant facility data available for this report. In addition, much information can be gleaned from the 2009 Economic Impact Analysis of the Vail Valley Medical Center (VVMC Study), conducted by BBC Research and Consulting, for the Town of Vail, and 2014 data collected from the State of Colorado Office of Economic Development. This report looks at the potential economic benefits the proposed MOB will bring to Avon as measured by the new dollars brought into the community as a result of the construction and operations of the facility. MOB FACILITY DATA NexCore Group has provided the following information: • Construction Square Footage: 49,500 • Tenant Square Footage Estimate: 47,000 • Uses Include: Outpatient and urgent care with ambulance area, seven identified tenant spaces • Employment Estimate: 70 – 100 employees, “depending on the final tenant mix and associated services. It is anticipated that over a third of these jobs will be new positions created specifically to serve this building.” HEALTH CARE - LEADING ECONOMIC STRATEGY IDENTIFIED BY STATE OF COLORADO The health care industry is the leading employer in Eagle County and the surrounding mountain resort communities as defined by the State of Colorado’s Economic Blueprint for Region 12. The Blueprint identifies healthcare as a key economic strategy for the State. Excerpts from the State’s health and wellness strategic plan include: • “This broad-based industry of traditional and alternative health care, fitness, outdoor recreation, natural foods, health information technology and research initiatives accounted for 15.3 percent of the gross state product in 2012,1 employed more than 360,000 workers and accounted for over $40 billion in industry revenue. Even more impressively, it is showing rapid growth.” • “Colorado health and wellness jobs increased by 10.9 percent during the sluggish recession years between 2008 and 2012, outpacing the industry’s national growth rate of 6.7 percent. • “Colorado brings a number of strengths to this new landscape, including its culture of wellness, its strong health care infrastructure and its history of initiating frank conversations and strong collaborations to foster health care innovation.” 117  Page 2 Economic Impact – Medical Office Building 4-15 AVON –ECONOMIC CONTRIBUTIONS OF MEDICAL RELATED SERVICES New Property Taxes: The property under consideration is located in the Town Center West Urban Renewal Plan area with the increased valuation generating revenue for the Tax Increment Financing District (TIF). For purposes of example, if the construction improvements bring an increased valuation to the property of $10,000,000, the TIF generated would be approximately $175,000 per year. This is based on a 29% assessed value ratio and an overlapping property tax mill rate of 60 mills. TIF revenues are collected into the Avon Urban Renewal Authority Fund (URA) and are eligible for public facility improvements in the URA, including items such as sidewalk and bus shelter improvements, as well as costs attributable to the design and construction of the proposed fire/police public safety building. Gross Regional Product (2013 data): The State of Colorado Office of Economic Development, OEDIT, estimates that the annual Gross Regional Product (GRP) for the Town of Avon for medical related services is estimated at $10,514,044 (Attachment A) - 2013 data. Eagle County (includes Avon) GRP for medical related services is estimated at $95,307,797. This represents 1.25% of total GRP for Avon and 3.07% for Eagle County. The State’s data further demonstrates that Avon requires $29.5 million per year in medical services, but only $3.6 million (or 12.2%) is satisfied (or provided) in Avon. This indicates that $25.9 million, or 87.8%, is being spent, by local citizens, outside of Avon (Attachment C). FINDINGS – VVMC STUDY While the proposed MOB in Avon would not provide the depth of services or employ a like number of employees as the VVMC, the benefits can be measured similarly, as the Steadman Hawkins Clinic and Howard Head Physical Therapy Clinics provide similar benefits to the Vail Valley communities. Benefits include: • Serve overnight, emergency and scheduled patients. Patients and family members may stay temporarily in the community in association with medical care, with related spending on lodging, food, retail and local services. • Provide full-time, part-time and seasonal jobs for town residents, and the community receives some benefits from spending by persons who work at the hospital but live elsewhere in the area. • Often utilize local businesses and contractors for various services and supplies; • The availability of well-regarded local health care services supports the second home community, which tends to place high value on convenient medical services. In the same manner, the availability of a local health care services support ski area and summer visitation in situations where emergency services are required. • In resort communities, hospital operations can help diversify and balance an otherwise highly seasonal economy, and the regional hospital facility reinforces the perception of Vail as a regional center. 118  Page 3 Economic Impact – Medical Office Building 4-15 Of note was this finding in the VVMC Study: Over the past several decades, VVMC’s service area has expanded and a growing share of VVMC business is generated outside of the Town of Vail. Over the same period, Eagle County’s resident population has migrated further down valley reinforcing a need for medical services elsewhere in the Vail Valley. In FY 2008, over half of all VVMC outpatient visits occurred at VVMC facilities outside the town of Vail. HIGHER WAGES GENERATED The State of Colorado Office of Economic Development data details the 2014 median hourly earnings for medical related jobs in Avon (attachment B). The wages range from a high of $107.76 to a low of $9.06, with an average, non-weighted wage of $35.33. The average salary for the VVMC was $66,000 (or an average of $32.88 per hour) in 2009 according to the VVMC Study. OEDIT reports that the average hourly rate for all job types in Avon is $19.23 based on 2014 data. NexCore estimates an average hourly rate of $34.09, a significant increase over the average wage in Avon. NexCore Group provided the following estimates for purposes of preparing this report. RETAIL SPENDING Typically, about 30 – 35 percent of family income is spent on retail goods according to the VVMC Study. Avon is home to grocery, discount and building supply stores along with restaurants and assorted retail establishments who serve the local employment base. The international reputation and prominence of the Steadman Hawkins Clinic and the Howard Head Physical Therapy Clinics draws “destination patient” visits for the services in the Vail Valley, often with follow-up visits. Patients, along with their spouses or families, may stay in the area for multiple days in association with their treatment and spend dollars at local lodging, retail stores and restaurants. Again, although not known at this time, this market segment holds get potential from the Avon MOB. Average Wage Number of Employees Total Salaries Generated $42,500 20 $850,000 $62,500 40 $2,500,000 $87,000 20 $1,740,000 $100,000 20 $2,000,000 Total Employees 100 Total Earnings $7,090,000 Average Salary $70,900 Average Hourly Rate $34.09 119  Page 4 Economic Impact – Medical Office Building 4-15 Locals and regional patients also contribute to the local economy. Often visitors using medical services will be accompanied by family or friends who require local food and lodging during the patient’s stay. ADDITIONAL ECONOMIC BENEFITS AND IMPACTS Benefits: • The MOB is proposed to begin construction in June, 2015 with an estimated completion time of twelve months. Numerous jobs related to the construction of the building will be created. • Patient & family spending such as lodging and meals. Impacts: • Staff recognizes impacts including additional demand on public infrastructure including, but not limited to, traffic control and emergency response. Identified impacts are expected to be resolved/mitigated through the rezoning and project approval process with the Town. OTHER BENEFITS The proposed MOB may bring other benefits to Avon besides direct economic stimulation. Second homeowners and guests have access to high quality medical services, which is an unusual attribute for a small, relatively isolated community and provides some competitive market advantage. The proximity of emergency services is also a highly valued guest amenity. Attachments: A: State of Colorado Office of Economic Development 2013 Economic Data – Avon B: 2014 Medical Related Jobs Incomes Data for Avon, Colorado C: Regional Requirements Data – Medical Office Buildings 120 NA I C S I N D U S T R Y DE S C R I P T I O N EA R N I N G S P R O P E R T Y IN C O M E T A X E S S U B S I D I E S G R P 62 1 1 1 1 O f f i c e s of Ph y s i c i a n s (e x c e p t Me n t a l He a l t h Sp e c i a l i s t s ) $5 , 1 8 2 , 6 2 9 $2 3 2 , 8 3 8 $ 8 2 , 3 7 1 ‐$717$5,497,121 62 1 1 1 2 O f f i c e s of Ph y s i c i a n s , Me n t a l He a l t h Sp e c i a l i s t s $1 3 , 3 7 4 $5 8 8 $ 2 0 8 ‐$5$14,166 62 1 2 1 0 O f f i c e s of De n t i s t s $1 , 1 9 5 , 1 4 0 $7 2 , 0 5 6 $ 3 2 , 5 3 8 ‐$827$1,298,907 62 1 3 1 0 O f f i c e s of Ch i r o p r a c t o r s $3 5 8 , 4 2 9 $1 6 , 5 6 1 $ 7 , 1 3 0 ‐$2,604$379,516 62 1 3 2 0 O f f i c e s of Op t o m e t r i s t s $0 $0 $ 0 $ 0 $ 0 62 1 3 3 0 O f f i c e s of Me n t a l He a l t h Pr a c t i t i o n e r s (e x c e p t Ph y s i c i a n s ) $6 6 3 , 2 9 1 $3 0 , 9 8 5 $ 1 3 , 3 3 9 ‐$1,718$705,897 62 1 3 4 0 O f f i c e s of Ph y s i c a l , Oc c u p a t i o n a l an d Sp e e c h Th e r a p i s t s , an d Au d i o l o g i s t s $2 4 , 3 0 8 $1 , 1 4 7 $ 4 9 4 ‐$34$25,914 62 1 3 9 1 O f f i c e s of Po d i a t r i s t s $4 2 9 , 8 4 4 $1 8 , 7 0 7 $ 8 , 0 5 4 ‐$6,310$450,295 62 1 3 9 9 O f f i c e s of Al l Ot h e r Mi s c e l l a n e o u s He a l t h Pr a c t i t i o n e r s $7 9 3 , 8 8 4 $3 7 , 3 0 9 $ 1 6 , 0 6 2 ‐$3,077$844,179 62 1 4 1 0 F a m i l y Pl a n n i n g Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 2 0 O u t p a t i e n t Me n t a l He a l t h an d Su b s t a n c e Ab u s e Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 9 1 H M O Me d i c a l Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 9 2 K i d n e y Di a l y s i s Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 4 9 3 F r e e s t a n d i n g Am b u l a t o r y Su r g i c a l an d Em e r g e n c y Ce n t e r s $1 0 2 , 8 6 5 $8 , 6 8 7 $ 2 , 0 3 1 ‐$307$113,276 62 1 4 9 8 A l l Ot h e r Ou t p a t i e n t Ca r e Ce n t e r s $0 $0 $ 0 $ 0 $ 0 62 1 5 1 1 M e d i c a l La b o r a t o r i e s $0 $0 $ 0 $ 0 $ 0 62 1 5 1 2 D i a g n o s t i c Im a g i n g Ce n t e r s $2 5 7 , 7 5 4 $1 4 , 3 3 6 $ 5 , 0 3 1 ‐$2,484$274,638 62 1 6 1 0 H o m e He a l t h Ca r e Se r v i c e s $0 $0 $ 0 $ 0 $ 0 62 1 9 1 0 A m b u l a n c e Se r v i c e s $8 5 7 , 5 4 6 $5 0 , 9 0 0 $ 9 , 0 3 2 ‐$7,343$910,136 62 1 9 9 1 B l o o d an d Or g a n Ba n k s $0 $0 $ 0 $ 0 $ 0 62 1 9 9 9 A l l Ot h e r Mi s c e l l a n e o u s Am b u l a t o r y He a l t h Ca r e Se r v i c e s $0 $0 $ 0 $ 0 $ 0 TO T A L $9 , 8 7 9 , 0 6 5 $4 8 4 , 1 1 3 $ 1 7 6 , 2 9 0 ‐$25,424$10,514,044 *D a t a da t e ‐ 20 1 3 GR P is gr o s s re g i o n a l pr o d u c t ‐ th e ma r k e t va l u e of al l fi n a l go o d s an d se r v i c e s pr o d u c e d Ex h i b i t A St a t e of Co l o r a d o Of f i c e of Ec o n o m i c De v e l o p m e n t ‐ Ec o n o m i c Da t a ‐ Av o n * Ea r n i n g s in c l u d e s al l wa g e s , sa l a r i e s , su p p l e m e n t s (a d d i t i o n a l em p l o y e e be n e f i t s ) , an d pr o p r i e t o r in c o m e in th e re g i o n . Pr o p e r t y In c o m e is th e to t a l va l u e of di v i d e n d s , in t e r e s t , re n t , co r p o r a t e pr o f i t s , an d ca p i t a l de p r e c i a t i o n cr e a t e d in th e re g i o n . Ta x e s re p r e s e n t s th e ta x e s on pr o d u c t i o n an d im p o r t s , in c l u d i n g us e ta x e s , sa l e s ta x e s an d ot h e r ta x e s , bu t do e s no t in c l u d e co r p o r a t e of pe r s o n a l income taxes. Su b s i d i e s ar e fo r m s fi n a n c i a l su p p o r t th a t ar e ex t e n d e d to in d u s t r y , in c l u d i n g di r e c t su b s i d i e s (c a s h gr a n t s , in t e r e s t ‐fr e e lo a n s , et c . . . ) an d in d i r e c t subsidies (tax br e a k s , lo w ‐in t e r e s t lo a n s , re n t re b a t e s , et c . . . ) . 12 1 Attachment B OCCUPATION DESCRIPTION MEDIAN HOURLY EARNINGS Oral and Maxillofacial Surgeons $107.77 Anesthesiologists $103.19 Surgeons $102.31 Internists, General $100.41 Obstetricians and Gynecologists $97.78 Psychiatrists $97.46 Family and General Practitioners $93.71 Nurse Anesthetists $92.39 Orthodontists $87.83 Physicians and Surgeons, All Other $76.57 Dentists, All Other Specialists $75.33 Pediatricians, General $74.97 Pharmacists $68.15 Optometrists $54.53 Radiation Therapists $53.56 Dentists, General $53.12 Nurse Midwives $50.25 Physician Assistants $48.67 Medical and Health Services Managers $48.58 Nurse Practitioners $46.05 General and Operations Managers $42.32 Audiologists $42.24 Diagnostic Medical Sonographers $41.98 Nuclear Medicine Technologists $40.82 Chiropractors $40.65 Health Technologists and Technicians, All Other $40.04 Dental Hygienists $39.28 Radiologic Technologists $38.91 Physical Therapists $38.48 Occupational Therapists $38.09 Magnetic Resonance Imaging Technologists $37.62 Physical Therapist Assistants $36.83 Management Analysts $36.42 Industrial‐Organizational Psychologists $36.32 Medical and Clinical Laboratory Technologists $36.06 Hearing Aid Specialists $34.73 Respiratory Therapists $34.73 Cardiovascular Technologists and Technicians $34.62 Registered Nurses $34.41 Speech‐Language Pathologists $34.10 Training and Development Specialists $33.33 Podiatrists $32.70 Administrative Services Managers $32.54 Human Resources Specialists $31.90 Network and Computer Systems Administrators $31.13 Financial Managers $29.76 Compliance Officers $28.56 Dietitians and Nutritionists $28.28 Psychologists, All Other $27.78 Avon, Colorado ‐ 2014 Medical Related Jobs Income Data ‐ Sorted by Wage * provided by the State of Colorado Office of Economic Development 122 2014 Medical Related Jobs Income Data Licensed Practical and Licensed Vocational Nurses $26.77 Market Research Analysts and Marketing Specialists $26.71 Health Educators $26.70 Healthcare Social Workers $26.58 Accountants and Auditors $26.57 Therapists, All Other $26.07 Exercise Physiologists $25.48 First‐Line Supervisors of Office and Administrative Support Workers $25.45 Computer User Support Specialists $25.20 Clinical, Counseling, and School Psychologists $24.95 Healthcare Practitioners and Technical Workers, All Other $24.78 Medical Equipment Preparers $24.29 Police, Fire, and Ambulance Dispatchers $23.97 Teachers and Instructors, All Other $23.86 Athletic Trainers $22.67 Business Operations Specialists, All Other $22.61 Public Relations Specialists $22.59 Medical Records and Health Information Technicians $22.27 Phlebotomists $22.27 Managers, All Other $22.00 Counselors, All Other $21.94 Surgical Technologists $21.92 Interviewers, Except Eligibility and Loan $21.88 Medical and Clinical Laboratory Technicians $21.36 Executive Secretaries and Executive Administrative Assistants $21.31 Child, Family, and School Social Workers $20.97 Opticians, Dispensing $20.87 Data Entry Keyers $20.77 Health Diagnosing and Treating Practitioners, All Other $20.75 Mental Health and Substance Abuse Social Workers $20.74 Marriage and Family Therapists $20.72 Mental Health Counselors $20.62 Maintenance and Repair Workers, General $19.37 Genetic Counselors $18.88 Billing and Posting Clerks $18.86 Physical Therapist Aides $18.69 Ophthalmic Medical Technicians $18.47 Entertainers and Performers, Sports and Related Workers, All Other $18.36 Office Clerks, General $18.34 Medical Assistants $18.29 Healthcare Support Workers, All Other $18.04 Dental Assistants $17.85 Nursing Assistants $17.30 Bill and Account Collectors $17.06 Medical Transcriptionists $17.02 Medical Secretaries $16.75 Pharmacy Technicians $16.61 Substance Abuse and Behavioral Disorder Counselors $16.48 Massage Therapists $15.95 Emergency Medical Technicians and Paramedics $15.85 Receptionists and Information Clerks $15.49 Skincare Specialists $14.74 Customer Service Representatives $14.67 Rehabilitation Counselors $14.57 Ambulance Drivers and Attendants, Except Emergency Medical Technicians $9.59 Personal Care Aides $9.06 2123 At t a c h m e n t C Pe r c e n t of Av o n Me d i c a l Re q u i r e d Se r v i c e s Sa t i s f i e d "I n ‐Re g i o n " NA I C S I N D U S T R Y DE S C R I P T I O N RE Q U I R E D S A T I S F I E D IN ‐RE G I O N S A T I S F I E D OUT‐OF‐REGION 62 1 1 1 1 O f f i c e s of Ph y s i c i a n s (e x c e p t Me n t a l He a l t h Sp e c i a l i s t s ) $1 4 , 5 8 0 , 6 2 2 $1 , 8 2 6 , 0 8 0 $12,754,542 62 1 1 1 2 O f f i c e s of Ph y s i c i a n s , Me n t a l He a l t h Sp e c i a l i s t s $4 6 2 , 0 4 5 $1 9 , 3 0 8 $442,737 62 1 2 1 0 O f f i c e s of De n t i s t s $3 , 2 5 9 , 2 1 5 $7 8 9 , 7 9 6 $2,469,419 62 1 3 1 0 O f f i c e s of Ch i r o p r a c t o r s $3 7 4 , 6 6 1 $1 5 0 , 9 1 8 $223,744 62 1 3 2 0 O f f i c e s of Op t o m e t r i s t s $3 4 7 , 8 5 9 $0 $347,859 62 1 3 3 0 O f f i c e s of Me n t a l He a l t h Pr a c t i t i o n e r s (e x c e p t Ph y s i c i a n s ) $5 5 5 , 8 7 3 $1 9 2 , 2 4 0 $363,633 62 1 3 4 0 O f f i c e s of Ph y s i c a l , Oc c u p a t i o n a l an d Sp e e c h Th e r a p i s t s , an d Au d i o l o g i s t s $1 , 0 4 4 , 4 4 9 $1 2 , 4 2 2 $1,032,028 62 1 3 9 1 O f f i c e s of Po d i a t r i s t s $1 2 8 , 3 7 0 $1 5 5 , 3 6 9 ‐$26,998 62 1 3 9 9 O f f i c e s of Al l Ot h e r Mi s c e l l a n e o u s He a l t h Pr a c t i t i o n e r s $7 2 9 , 1 7 2 $1 7 3 , 8 4 5 $555,328 62 1 4 1 0 F a m i l y Pl a n n i n g Ce n t e r s $1 0 3 , 8 8 6 $0 $103,886 62 1 4 2 0 O u t p a t i e n t Me n t a l He a l t h an d Su b s t a n c e Ab u s e Ce n t e r s $6 5 4 , 6 4 7 $0 $654,647 62 1 4 9 1 H M O Me d i c a l Ce n t e r s $1 , 0 3 8 , 8 2 9 $0 $1,038,829 62 1 4 9 2 K i d n e y Di a l y s i s Ce n t e r s $5 1 4 , 4 6 4 $0 $514,464 62 1 4 9 3 F r e e s t a n d i n g Am b u l a t o r y Su r g i c a l an d Em e r g e n c y Ce n t e r s $5 6 0 , 0 4 1 $9 5 , 3 7 6 $464,665 62 1 4 9 8 A l l Ot h e r Ou t p a t i e n t Ca r e Ce n t e r s $7 2 8 , 4 0 5 $0 $728,405 62 1 5 1 1 M e d i c a l La b o r a t o r i e s $6 8 9 , 9 7 4 $0 $689,974 62 1 5 1 2 D i a g n o s t i c Im a g i n g Ce n t e r s $3 1 6 , 5 1 9 $9 5 , 6 3 5 $220,883 62 1 6 1 0 H o m e He a l t h Ca r e Se r v i c e s $2 , 6 3 9 , 3 2 1 $0 $2,639,321 62 1 9 1 0 A m b u l a n c e Se r v i c e s $3 5 5 , 4 2 9 $7 2 , 9 4 0 $282,489 62 1 9 9 1 B l o o d an d Or g a n Ba n k s $1 7 6 , 7 1 5 $0 $176,715 62 1 9 9 9 A l l Ot h e r Mi s c e l l a n e o u s Am b u l a t o r y He a l t h Ca r e Se r v i c e s $1 9 8 , 1 2 6 $0 $198,126 TO T A L $2 9 , 4 5 8 , 6 2 2 $3 , 5 8 3 , 9 2 9 $25,874,693 12 . 2 % 0.878340239 12 4 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: April 3, 2015 SUMMARY: Avon Town Council reviewed a draft Intergovernmental Agreement (“IGA”) with the Eagle River Fire Protection District (“Fire District”) for the construction of Joint Public Safety Facility at its regular meeting on March 10, 2015. Town Council provided direction on additional revisions to the draft IGA. Jennie Fancher, Virginia Egger and I met with the Fire District Board of Directors on March 19, 2015, then met with the working group on March 25, 2015, to discuss revisions to the IGA and details for the design process. The attached revised draft IGA includes the following revisions: 1. The stated intent of Fire District to appropriate $400,000 per year is moved from the recitals to Section 2. Intent and was revised slightly to acknowledge that the Fire District will spend a portion of this annual appropriation on the lease purchase financing for the acquisition of Lot 1B. 2. The stated collateral in Section 3.d. has been modified to delete the reference to the ladder truck and insert Tract E in the Village (at Avon) as collateral. This collateral is discussed in more detail below. 3. Exhibit A: Design Process has been prepared with discussion and direction by the working group of Town and Fire District representatives. BACKGROUND: 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 an intergovernmental agreement (“IGA”) is presented to the Avon Council to set forth the details of a joint project. 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 M EMORANDUM & PLANNING, LLC Avon Town Council IGA for Joint Public Safety Building April 3, 2015 Page 2 of 3 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 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: The initial proposal for collateral was the ladder truck; however, the value was determined to be not sufficient for adequate collateral and the potential sale of the ladder truck was considered counter- productive considering that ladder truck is an important emergency response vehicle for Avon. After further exploring potential assets owned by the Fire District, the designation of Tract E in the Village (at Avon) was proposed. Tract E is approximately 1 acre and was dedicated to the Fire District. Tract E is subject to a reversionary clause that restricts the use of the property to fire district station or fire district facilities. The Town has not conducted an appraisal and the current reversionary clause limits the value and marketability of the property. However, if the Fire District were to default on repayment of the Temporary Financing and the Town acquired Tract E, then there is potential value to the Town as a 1 acre parcel. Generous timeframes are provided for conveyance of the collateral in the event of default on repayment of the Temporary Financing with the primary goal and expectation that the Fire District will perform on repayment of the Temporary Financing. Although the proposed collateral may be less than perfect in traditional banking terms, I believe it is better than the ladder truck and there are not other identifiable options after further review of the Fire District’s assets. Avon Town Council IGA for Joint Public Safety Building April 3, 2015 Page 3 of 3 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. 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. The working group representatives of the Town and Fire District met on March 25, 2015 to discuss the design process. Exhibit A: Joint Design Process has been prepared which reflects the discussion and direction of the working group. 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 ATTACHMENT: April 2, 2015 REDLINE Draft IGA for a Joint Public Safety Facility showing revisions from March 6, 2015 DRAFT. 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: Revised IGA for Joint Public Safety Facility DATE: April 17, 2015 Summary: Since sending the revised Intergovernmental Agreement with the Fire District for the design and construction of a joint public safety facility, the Eagle River Fire Protection District has proposed additional revisions. The additional revisions are attached and shown in REDLINE format compared to the version sent in the early Town Council packet. The Eagle River Fire Protection District took action to approve this version of the IGA. This revised IGA is present to Council for discussion in work session on April 21, 2015 and is planned to be scheduled for adoption by Resolution at the April 28, 2015 meeting. Thank you, Eric Attachments: April 17, 2015 version of IGA with Eagle River Fire Protection District M EMORANDUM & PLANNING, LLC IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building 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 District regional fire station located in Avon 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, IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building 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 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 8, 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. 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. IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building Page 3 of 10 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. Provided that all construction financing for the Joint Facility has been approved and both the Fire District and Avon have obtained all necessary approvals for permanent financing of the Joint Facility, 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 agreesProvided construction financing and all approvals for permanent financing are in place, Fire District intends 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. Provided all conditions for commencement of construction have been satisfied as provided above in a timely manner, 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. h. Fire District represents that it intends to continue to budget and appropriate approximately $400,000 per year towards the design and construction of a Regional Fire Station Facility to be located on Lot 1B, including the payment of repayment of the Temporary Financing and the lease-purchase financing foragreement into which the Fire District expects to enter to finance the acquisition of Lot 1B and the; or, if 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 the capital costs for a Joint Facility for the fire station as such amount is further defined in this Agreement 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. IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building Page 4 of 10 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 repayable by the Fire District without interest, with the exceptexception that interest due in the event of default shall be 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. Fire District agrees that collateral for repayment of the Promissory Note shall consist of the dedicated land for a Fire District Facility in the Village (at Avon), described as Tract E, Final Plat, The Village At Avon Filing 3, according to the plat thereof recorded on June 29, 2004, at Reception No. 882176 (“Tract E”). In the event that the Fire District is in default in the repayment of the Temporary Financing for a period of more than 12 months, then the Town may submit a written demand for conveyance of Tract E. Upon receipt of a written demand by the Town, the Fire District shall take action within ninety (90) days to either (1) cure any and all default in repayment of the Tempoary Financing, or (2) execute and record a Quitclaim Deed conveying Tract E to the Town. 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. IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building Page 5 of 10 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. 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 discreationarydiscretionary 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 discreationarydiscretionary 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 IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building Page 6 of 10 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, or such additional amount or amounts deemed appropriate by Avon, for Avon’s proportionate share of design of a Joint Facility. c. Appropriation by Fire District. Fire District has appropriated and agrees to make available $100,000.00 in 2015 in funds, or such additional amount or amounts deemed appropriate by the Fire District 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 toIf the Parties have agreed on a Joint Facility Design and have secured Construction Financing as hereinabove required, then it is the intent of 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 IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building Page 7 of 10 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. 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: IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building Page 8 of 10 James P. Collins Collins, Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 E-Mail: jcollins@cccfirm.com 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] IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building 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 IGA ERFPD-TOA Avon IGA for Joint Fire-Police Station Facility – DRAFT April 2, 2015Public Safety Building 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. EXHIBIT A: DESIGN & CONSTRUCTION MANAGER PROCESS WG: Working Group [Two elected members from the ATC & ERFPD, Appointed staff, FD Rep, legal counsel as requested.] BOD: Board of Directors of the Eagle River Fire Protection District ERFPD: Eagle River Fire Protection District ATC: Avon Town Council Avon: Town of Avon FD Rep: Fire District Owner’s Rep TASK DATE RESPONSIBLE PARTY 2015 Draft Architectural Services RFP 3/31 Avon Comments on Architectural Services RFP Due 4/2 WG Advertise and Distribute Architectural Services RFP 4/3 Avon Pre-Proposal Meeting and Site Tour 4/17 (9:00 a.m.) Avon & ERFPD Architectural Services Proposals Due 4/24 (5:00 p.m.) Avon Distribute copies of Architectural Services Proposals 4/25 (9:00 a.m.) Avon Select Architectural firms to interview and determine interview process and questions 4/28 (9:00 a.m.) WG Interview Architectural firm 5/1 (8:00 a.m.) WG Finalize Selection Recommendation for Architectural Firm & Negotiate Professional Services Agreement 5/12 WG Professional Service Agreement Architectural Services Approval 5/21 5/26 BOD ATC Closing on Lot 1B, Buck Creek PUD 6/8 ERFPD Draft Construction Manager at Risk RFP 6/8 Avon/FD Rep Comments on Construction Manager RFP 6/17 WG Advertise and Distribute Construction Manager RFP 6/22 Avon/FD Rep Pre-Proposal Meeting and Site Tour 7/7 Avon & ERFPD Construction Manager Proposals Due 7/15 Avon/FD Rep Distribute copies of Construction Manager Proposals 7/16 Avon/FD Rep Select Construction Managers to interview and determine interview process and questions 8/13 WG Interview Construction Managers 8/27 WG Finalize Selection Recommendation for Construction Manager & Contract 9/7 WG Construction Manager Contract Approval 9/16 9/15 BOD ATC Architect to Provide 50% Preliminary Design 10/1 WG Construction Manager Begins 10/1 Architect to Provide 90% Design Documents 2/1/2016 WG TENTATIVE – BOND ELECTION 5/5/2016 BOARD ACTION REQUEST TO: Avon Town Council FROM: Jason Cowles, P.E. DATE: April 1, 2015 RE: UERWA Water System Impact Fee Update Summary of Subject: In accordance with the Upper Eagle Regional Water Authority’s Establishing Agreement, the Governing Boards and Councils of the Participating Members are being asked to approve a proposed increase to the Authority’s Water System Impact Fee (WSIF), formerly known as the Plant Investment Fee. Discussion and Background: The Authority’s WSIF is an impact fee charged to new customers that creates equity in the financing of the water system’s current and planned future assets by requiring that new customers pay for their allocation of system capacity at the time of connection. The Authority’s WSIF was last studied in 2001 by THC Utility Management Specialists. The 2001 study created a framework using industry standard methodology for periodic evaluations and adjustments of the Authority’s WSIF. The WSIF has historically been increased annually at the rate of the Denver/Boulder consumer price index. This adjustment does not consider the value of additional capital investments that have been made by the Authority, nor the planned future improvements that were recommended in the Authority’s 2009 Water System Master Plan Update. The 2015 update to the WSIF uses the methodology and framework established in the past to evaluate the current rate. The conclusion of the study is that the Authority should increase the WSIF from the current rate of $4,500 per single-family equivalent (SFE) to $9,041 per SFE. Further detail on the assumptions, methodology and calculations used to arrive at the proposed rate can be found in the attached draft report of the UERWA Plant Investment Fee Update. In accordance with the 1984 Authority Establishing Agreement and the 1998 Amended and Restated Authority Service Agreement, any increase to the WSIF that exceeds the rate of the Denver/Boulder Consumer Price Index must be approved by each of the governing Boards and Councils of the Authority’s Participating Members. A rate hearing was held at the March 26, 2015 meeting of the Authority’s Board of Directors. After consideration of the rate increase, a resolution was unanimously approved by the Authority’s Board of Directors which recommended that the Participating Members approve the proposed rate increase. A copy of the signed resolution is attached. We are therefore requesting that the Governing Boards and Councils of the Participating Members consider motions to approve the proposed WSIF rate increase. The Authority’s Board of Directors will be asked to make the increase effective at the date of their April 23rd meeting, contingent upon the approval of each of the Participating Members. Authority staff will present the methodology used and findings of the study and will be available to respond to any questions. Legal Issues: The calculation of the WSIF uses industry standard methodology to establish a rational nexus in accordance with statutory requirements and legal precedent. Further detail on the relevant legislation and case law regarding impact fees is provided in the attached report. UERWA Water System Impact Fee Update Page 2 of 2 Financial Considerations: The Authority has invested in excess capacity in its existing facilities and has planned future improvements and capacity expansions to meet the demands of new growth on the water system. The methodology used to establish the WSIF includes a reimbursement component, which reimburses existing customers for the carrying costs of excess capacity in the system that is allocated to a new customer at the time of their connection, as well as an improvement component that anticipates the new customers’ share of the costs of future improvements and capacity expansions. The proposed WSIF increase will essentially place the new customers’ investment into the water system on equal footing with the historical investments made by existing customers and pay for necessary improvements to serve those new customers in accordance with the Authority’s policy that growth must pay for growth. The Authority issues revenue bonds for the purpose of financing the capacity expansions and improvements made to the water system. The WSIF collections have been historically applied to the Authority’s debt service on those bonds. In recent years during the economic downturn, WSIF collections decreased dramatically. In order to secure its bonds for capital improvements in the absence of WSIF collections, the Authority has recently implemented a debt service rate. As WSIF collections begin to pick back up, the revenues generated will be applied to the Authority’s debt service obligations. The Authority will accordingly reduce the debt service rate and any excess WSIF revenues will be banked to fund balance to reduce the reliance on borrowing for future capital improvements. Recommended Motion: I move to approve the Upper Eagle Regional Water Authority’s proposed increase of the Water System Impact Fee to $9,041 per single-family equivalent. Attached Supporting Documentation: UERWA PIF Update Report draft dated March 30, 2015 UERWA Signed Resolution from March 26, 2015 Meeting Plant Investment Fee Update March 31, 2015 i Table of Contents Overview ....................................................................................................................................... 1 Introduction ................................................................................................................................ 1 Background ............................................................................................................................... 1 Relevant Legislation and Case Law .......................................................................................... 2 Methodologies ........................................................................................................................... 2 Plant Investment Fee Calculation ................................................................................................. 3 System Capacity ....................................................................................................................... 4 Existing Assets .......................................................................................................................... 5 Contributed Capital .................................................................................................................... 6 Water Resources ....................................................................................................................... 6 Work-In-Progress ...................................................................................................................... 8 Water System Master Plan ........................................................................................................ 9 Master Planned System Improvements ................................................................................. 9 New Capacity Projects ......................................................................................................... 10 Plant Investment Fee .............................................................................................................. 10 Recommendations ...................................................................................................................... 12 Works Cited ................................................................................................................................ 13 Tables Table 1 – Total Estimated Value of Existing Assets ..................................................................... 6 Table 2 – PIF Eligible Water Rights .............................................................................................. 8 Table 3 – Total Estimated Costs of Work-In-Progress .................................................................. 9 Table 4 – Recommended Residential Plant Investment Fee ...................................................... 11 Table 5 – Recommended Commercial Plant Investment Fee .................................................... 11 Appendices Appendix A – Existing Assets by Category Appendix B – Contributed Capital Assets Appendix C – Appraisal of the Water Rights of the Upper Eagle Regional Water Authority Appendix D – Work-in-Progress Appendix E – Master Plan Recommended Projects Appendix F – Plant Investment Fee Summary Appendix G – 2015 Upper Eagle Regional Water Authority Connection Fees 1 Overview Introduction The Plant Investment Fee (PIF) of the Upper Eagle Regional Water Authority (Authority) is a one-time impact fee assessed to new customers at the time of their initial connection to the water system, intended to recover the costs of the customers’ impact to the water system. The PIF was last studied in 2001 by THC Utility Management Specialists, Inc. (THC) after Colorado Revised Statutes were amended to adopt more restrictive requirements governing the assessment of impact fees by local governments. This study will employ the philosophy and methodology established by THC and approved by the Authority Board of Directors using more current data and assumptions to determine whether the current PIF rate is adequate to meet its intended purpose. The current effort to update the PIF has been prepared and reviewed by a committee of District Staff including: Jason Cowles, Planner; Linn Brooks, General Manager; Angelo Fernandez, Director of Organizational Development; Becky Bultemeier, Finance Department Manager; John McCaulley, Customer Service Department Manager; and Elena Jones, Utility Billing Accountant. Former General Manager, Dennis Gelvin has also been involved in a consulting role. One of the goals of this effort is to create a well-documented process for future evaluation of the Authority’s PIF, so that the fee may be re-evaluated by Staff on a regular basis. Background The Authority’s PIF is a one-time impact fee that is assessed to new customers at the time of their initial connection to the water system. The PIF is intended to recover the capital costs incurred by the Authority to construct and finance available capacity in the water system. As a result of the PIF, existing customers are compensated for the capital investments in existing facilities that include excess capacity available for future growth. This philosophy is in keeping with the Authority’s Policy that growth should pay for growth. The PIF fee is structured to recover capital investments in the regional water system assets, which are assigned to the following categories: supply, treatment, transmission and distribution (T&D), treated water storage, water resources, and general assets. Localized system components that are required to serve new development are typically constructed and financed by the Developer and conveyed to the Authority as a condition of the Authority providing water service to new development. The capital investment in these localized contributed capital assets inherently does not require recovery through the PIF. Two underlying philosophies were applied by THC in the development of the Authority’s PIF: 1. The fee should represent the unit cost of water system capacity that is allocated to a new customer when that user connects to the system (Hartman, 2006). 2. New customers “buy into” a water system that current customers have developed over time through the payment of user charges, contributions, and other up-front fees, 2 therefore the PIF should be structured such that it represents the purchase of a share of equity in the system thereby placing new customers on an equal footing with existing rate payers (Hartman, 2006). Relevant Legislation and Case Law PIFs may also be referred to as “tap fees”, “system capacity charges”, “impact fees”, “system buy-in fees”, “capital recovery fees”, or “system development charges” (American Water Works Association, 2012). Colorado has historically allowed local governments to recoup capital costs through impact fees, but has only provided limited statutory guidance on how impact fees should be determined. The Authority’s PIF was last updated in 2001 after Colorado Revised Statutes were amended to adopt more restrictive requirements governing the assessment of impact fees charged by local governments. Colorado Revised Statutes require that: (a) the fee must be legislatively adopted by the local government; (b) the fee shall be generally applicable to a broad class of property; (c) the magnitude of the fee shall be reasonably related to the impact of the new development; and (d) no landowner shall be required to provide any site- specific improvements or dedications to meet the same needs as those for which the fee is imposed (Hartman, 2006). While Colorado Revised Statutes do not provide specific legislative guidance for local governments to utilize in the development of impact fees, there have been legal challenges to impact fees in Colorado and other states that have established a legal precedent for use in the development of these fees. Legal precedent essentially requires that a “rational nexus” must exist between the impact fee and the benefit to the development that the fee is intended for. The impact fee must be proportional to the impact of development on the water system, which is typically defined in terms of capacity, and the Authority must provide benefit to the development in the form of water treatment and distribution. The Colorado Supreme Court established further legal precedence in their ruling on the Krupp vs. Breckenridge Sanitation District Case which also found that the fee must be: (a) reasonably related to the cost of providing necessary facilities; (b) rationally based and fairly calculated (but need not be mathematically precise); and (c) consistently and reasonably applied (Krupp vs Breckenridge Sanitation District, 2001). Methodologies There are several accepted methods that may be applied as a rational basis for the calculation of the Authority’s PIF. THC presented a comparison of several methodologies for consideration by the Board, including: Equity Buy-In, Unit Replacement Cost, and the Marginal Cost Approach. The methodology that was previously adopted by both the Authority and the District boards is the Cost Attribution method, which is a hybrid approach that combines the Unit Replacement and Marginal Cost methods (Hartman, 2006). Unit Replacement Cost methodology considers the present replacement value of the existing water system’s assets. For this study, the historical capital costs to construct and improve the Authority’s water system assets were escalated to current replacement value using the Engineering News Record (ENR) Denver Construction Cost Index, which tracks historical costs of labor and materials in the Denver area. Unit Replacement Cost methodology does not 3 consider accumulated depreciation of the assets. The unit replacement cost method was favored by the board for determining the value of existing assets because it recognizes the on- going investments made by existing customers to maintain system capacity and functionality that future customers will benefit from. Contributed capital assets are excluded from the calculation to avoid charging for developer contributions of assets that were made at no cost to the Authority. The total replacement costs of the Authority’s assets are then divided by the system’s capacity to arrive at a unit cost for system capacity. This method recognizes the significant value of the available capacity that has been developed in the Authority’s existing facilities. The Marginal Cost Approach considers cost estimates for the construction of future growth- related capital investments that add capacity to or improve the water system. The planned capital investments in near-term projects that increase the capacity of the system are divided by the net increase in capacity that will be realized. This method recognizes the planned capital investment in developing new capacity to serve growth. The disadvantage of the Marginal Cost Approach is that it fails to recognize the value of excess capacity in the existing facilities that can provide benefit to future customers. Typically, a water utility, such as the Authority, may choose to build excess capacity in its facilities for the purpose of serving new development, as was the case with the Avon Drinking Water Facility. On the other hand, the Unit Replacement Cost approach fails to recognize planned near-term investments in facilities that will benefit future customers. It is common for a water utility, such as the Authority, to have excess capacity in some system components (e.g., water treatment) while also facing capacity deficits in other system components that are planned for upgrades (e.g., treated water storage). Therefore, strictly applying either the Unit Replacement Cost or Marginal Cost approach would not adequately define the true capacity of the Authority’s water system for the purpose of determining an impact fee (Hartman, 2006). The inadequacies of the Unit Replacement Cost and Marginal Cost methods can be addressed by combining them into a hybrid approach called Cost Attribution Methodology. Cost Attribution results in a PIF calculation that includes a “reimbursement” component for available capacity in the existing water system and an “improvement” component for planned capital investments in future system capacity (Hartman, 2006). This method was previously approved by the Authority’s Board of Directors for the calculation of the PIF and is applied for this update of the PIF. Plant Investment Fee Calculation Calculation of the Authority PIF using the Cost Attribution method involves several steps. First, system capacity is established by forecasting the number of single family equivalents (SFEs) that the system will serve in the future at build-out. This number will be used to determine the denominator for the various components of the PIF. Next, the replacement value of the water system’s current assets and Work-In-Progress is established. This is necessary to determine the cost of capacity in the existing water system that future development will benefit from. The PIF component for these existing assets is established by dividing the resulting asset value by 4 the total number of SFEs that the system is anticipated to serve at build out and allocating a share of these assets to existing customers. The unallocated share of the existing system is the share available to serve new development. The estimated costs of planned improvements to the existing water system are similarly divided amongst existing customers and new development and allocated between the two user classes. Next, a price component is calculated for future improvements that are anticipated to add capacity to serve new development. The total estimated cost of those capacity improvements is divided by the anticipated number of future SFEs that will be added to the water system to determine the capacity expansion component of the PIF. The PIF component values for the existing water system, planned improvements, and future capacity expansions are subsequently added to arrive at a fee that considers the value of existing available capacity as well as capital investment in future system capacity. System Capacity The Authority measures system capacity in terms of the number of SFEs that can be served by its water system. The Authority’s Rules and Regulations define an SFE as a multiplier that is used to quantify the impact of a Customer’s water use on the system. By December of 2014, the Authority’s water system was serving a total of 16,408 SFE’s. Two sources of future SFE forecasts were considered in the development of this study to determine the number of SFE’s that will be added to the water system as it continues to build out to its ultimate capacity. The first source of SFE forecasts is the “Authority’s Water Master Plan Update,” prepared in 2009 by SGM, Inc. The Master Plan Update was prepared in order to evaluate the Authority’s water system, and recommend capital improvements that will be necessary to provide capacity for anticipated growth within the Authority’s service area and to meet evolving regulatory and operational requirements. SGM worked with Town of Avon and Eagle County planning staffs to perform a detailed analysis of current land zoning and future up-zoning requests that were anticipated in order to create planning estimates for the number of SFE’s at build-out of the Authority’s service area. SGM then used historical customer meter reading data to project average and maximum day water demand per SFE by subdivision and customer class in order to forecast build-out water demands. The meter reading data that was analyzed and presented by SGM demonstrates that peak day residential demand in lower density subdivisions where larger residential units exist are substantially higher per SFE than subdivisions where higher density, smaller residential units exist. This is likely attributed to the higher irrigation demand of large residential lots. SGM’s Master Plan Update forecasts a total of 23,259 SFEs at build out (Schmueser Gorden Meyer, Inc., 2009). The other source of SFE forecasts is a November 2014 draft of the “UERWA – Future SFE Update” prepared by the Authority’s financial consultant, Stan Bernstein and Associates, Inc. (SBA). The SFE forecasts by SBA are prepared for the purpose of modeling Authority revenues over the next 10 years. SBA currently projects that the Authority’s water system will serve a total of 19,553 SFE’s in the year 2025 (Greer, 2014). It is important to note major differences between the two sources of SFE forecasts. The SGM SFE forecast is intended to determine the maximum build-out potential of the Authority’s service area for the purpose of planning future capital investments in the water system to serve the 5 future build-out. SGM’s SFE forecast speculates that significant up-zoning will occur, particularly in the Town of Avon’s core, where the zoning designations of currently developed properties support much higher density than what is currently developed. By nature, the SGM forecast is conservatively high to insure that the Authority’s investments in the water system infrastructure will be adequate to serve future build-out. The SBA forecasts are intended to forecast revenues from the PIF for financial planning purposes. Unlike the SGM SFE forecast, the SBA forecast does not speculate on any future up-zoning. Conversely, the SBA forecasts are conservatively low to insure that the Authority’s revenues will be adequate to meet its financial obligations. It is believed that the likely number of total SFEs that the Authority’s water system will serve at full build-out lies somewhere within the range of these two forecasts. In order to estimate where the total number of SFEs at future build-out will fall within that range, historical SFE growth rates were analyzed. A 15-year period was selected as the representative sample because of its inclusion of periods of both rapid growth during economic booms and stagnant growth during recessions. Over the past 15-year period, an average SFE growth rate of 2.13% per year was observed. By projecting the observed SFE growth rate of 2.13% per year forward over the next 15-years, it is estimated that 22,424 SFEs will be served by the system by the year 2029. This projected SFE total is used as the capacity denominator for the recommended PIF. Existing Assets The Authority’s water system has developed into the existing Regional water system that serves customers located between Dowd Junction and Cordillera via the consolidation of several localized water systems that were previously owned, operated and maintained by the various member Districts and contracting Districts of the Authority. In some instances, capital assets were contributed at no cost to the Authority by the Member Districts, the Contracting Districts, or by Developers seeking to receive water service from the Authority. The Authority also made investments into capital assets to complete the regionalization of the water system, the most significant being the Avon Drinking Water Facility. One of the key benefits of this regionalization effort was to create a broader customer base to keep the costs of capital investment, operations, and maintenance down, as smaller localized systems tend to have higher per user costs to operate and maintain. The Authority’s booked asset records were reviewed to identify historical capital investments in the regional water system. These capital assets were assigned to categories based upon type: 1. Supply: This category includes facilities for raw water conveyance to treatment facilities and groundwater wells. 2. Treatment: This category includes surface drinking water treatment facilities and appurtenances. 3. Transmission and Distribution (T&D): This category generally includes water mains and appurtenances for the transmission and distribution of drinking water, as well as booster pump stations and pressure reducing valves that convey drinking water between the various pressure zones in the Authority’s water system. 6 4. Treated Storage: This category includes drinking water storage tanks and appurtenances. 5. General Assets: This category includes land assets. Using the Unit Replacement Cost methodology, the value of each existing asset was escalated to the current Replacement Cost New (RCN) as of August 2014, using ENR’s Denver Construction Cost Index. Note that land asset values were not escalated for the purpose of this calculation. The spreadsheets detailing these asset categories and calculations are presented in Appendix A. Table 1 – Total Estimated Value of Existing Assets summarizes the total estimated RCN value of the Authority’s existing assets in each of these categories. These assets benefit current and future customers, and are therefore divided amongst existing customers and future development to determine the existing assets component of the PIF. Table 1 – Total Estimated Value of Existing Assets Asset Category Estimated Value of Assets (RCN) General1 $ 780,962 Supply $ 1,498,353 Transmission & Distribution $ 11,837,313 Treated Storage $ 7,909,271 Treatment $ 48,627,591 TOTAL $ 70,653,490 Notes: (1) - Value of land assets not escalated to RCN Contributed Capital As previously noted, a significant portion of the Authority’s existing capital assets were contributed at no cost by the Member Districts, the Contracting Districts, or by Developers seeking to receive water service from the Authority. These assets have been booked as contributed capital. There are no recoverable costs associated with these assets; therefore they have been excluded from the PIF calculation. A detailed listing of the Authority’s contributed capital assets is included in Appendix B. Water Resources The Authority’s Water Rights portfolio was evaluated to determine which of these assets should be included in the PIF calculation as existing assets. The Authority’s water rights portfolio consists of owned and leased in-basin consumptive use credits, in-basin reservoir storage for augmentation, and out-of-basin contract storage for augmentation. The Authority’s existing water rights are believed to be adequate to serve the full build-out at current zoning of the Authority’s service area; although additional rights, including storage, are intended to be acquired to provide additional physical supplies to reduce the effects of drought, other 7 interruptions to water supply, and zoning changes. A 2014 appraisal of the Authority’s Water Rights Portfolio prepared by the Authority’s water counsel, Porzak Browning and Bushong LLP is included in Appendix C. The Authority’s portfolio of in-basin consumptive use credits includes the rights to 2,109.2 acre- feet of water. These in-basin consumptive use credits are largely made up of historical irrigation season consumptive use credits that have either been dedicated to the Authority as a condition of water service for new development or leased to the Authority by its Member Districts at no cost as a condition of water service. An additional portion of the in-basin consumptive use credits in the Brett and Creamery ditches were purchased by the Authority for the benefit of current and future customers due to their seniority. For the purposes of the PIF calculation, the Authority’s portfolio of in-basin consumptive use credits is specifically limited to the 184.46 acre- feet of credits that have been purchased by the Authority. The Authority’s portfolio includes a contractual storage right with ERWSD to use 200 acre-feet of in-basin storage that is released from the Black Lakes. Though the Authority has the right to use the 200 acre-feet, it cannot command the release of this water to correspond with out-of- priority depletions caused by its diversions; therefore, the Black Lakes Lease is assigned no value in the Authority’s Water Rights Portfolio and is excluded from the PIF calculation. Authority policy requires that new development dedicate an adequate amount of augmentation water for out-of-priority depletions that are necessary to serve the development. This requirement is applied to up-zonings within the Authority’s service area and new inclusions of property into the Authority’s service area boundary. Where required, this obligation is satisfied through the dedication of acceptable water rights to the Authority, or by making a cash payment in-lieu of dedicating water rights. The cash-in-lieu payment is for the allocation of the Authority’s consumptive use credits and storage necessary to augment depletions caused by the development. The Authority’s storage in Eagle Park, Homestake, Wolford Mountain and Green Mountain Reservoirs has primarily been developed to augment diversions made by the Authority that are necessary to provide water service. The storage in these reservoirs provides further benefit in its ability to protect the Authority’s water supply from the effects of drought and other interruptions; to satisfy senior downstream calls; to offset evaporation and transit losses; to maintain minimum stream flows during in-stream flow calls, thus enhancing the value of the water rights leased to the Authority by its members. The investment by the Authority to develop, maintain and lease these storage rights improves the reliability and quality of the water resources used by the Authority’s current and future customers. Therefore, the appraised value of the Authority developed storage in these reservoirs is included in the calculation of the PIF. A summary of the water rights included in the PIF calculation is presented in Table 2 – PIF Eligible Water Rights. 8 Table 2 – PIF Eligible Water Rights Water Right Quantity (acre-feet.) PIF Eligible (Acre-Feet) Price per Acre-Foot. (4) Appraised Value of PIF Eligible Water Rights Eagle Park Reservoir 579579 $ 25,000.00 $ 14,475,000.00 Homestake Reservoir 256.5256.5 $ 25,000.00 $ 6,412,500.00 Black Lakes Lease (1) 200200 $ - $ - Green Mtn. Res. contract 548548 $ 1,000.00 $ 548,000.00 Wolford Mtn. Res. contract 710.8710.8 $ 3,280.00 $ 2,331,424.00 In-basin consumptive use (2) 2,109.20184.46 $ 7,900.00 $ 1,457,234.00 Beaver Creek (summer) (3) 2150 $ 7,900.00 $ - Beaver Creek (winter) (3) 170 $ 25,000.00 $ - TOTAL $ 25,224,158.00 Notes: (1) The Authority has no control over the timing or quantity of releases from the Black Lakes, therefore this lease has no value. (2) The Authority has a right to 2,109.20 acre-feet of In-basin consumptive use credits which have either been dedicated to the Authority, leased to the Authority at no cost, or were purchased by the Authority. The in-basin consumptive use credits that have been purchased by the Authority, making them PIF eligible, include 45.03 acre-feet in the Creamery Ditch and 149.18 acre-feet in the Brett Ditch. The Authority has received a cash-in-lieu payment for 9.75 acre-feet of the Brett Ditch consumptive use credits from St. Clare of Assisi. Therefore, the total of Brett Ranch credits that are PIF eligible is 139.43 acre-feet. (3) Beaver Creek's water rights are leased at no cost to the Authority. (4) Price per acre-foot values obtained from December 31, 2014 "Appraisal of the Water Rights of the Upper Eagle Regional Water Authority", by Porzak, Browning & Bushong LLP. Work-In-Progress In addition to its booked assets, the Authority has budgeted for assets that are either currently under construction, or planned for construction in the near-term. These Work-In-Progress items were obtained from the Authority’s January, 2015 “Budget Expense Report” and are presented in detail in Appendix D. Similarly to booked assets, the Work-In-Progress has been assigned to component categories based upon the asset classes. A review of the Work-In-Progress items indicates that these improvements benefit current and future customers, and are therefore divided amongst existing and future customers to determine the Work-In-Progress component of the PIF. Table 3 – Total Estimated Costs of Work-In-Progress summarizes the total estimated costs of Work-In-Progress by asset category. 9 Table 3 – Total Estimated Costs of Work-In-Progress Work-in-Progress by Asset Category Total Estimated Cost of Work-In-Progress ($) General $ 1,866,814.38 Supply $ 7,024,035.09 T&D $ 12,801,889.50 Treated Storage $ 1,070,293.95 Treatment $ 3,651,400.88 Total $ 26,414,433.80 Water System Master Plan The Authority’s Water System Master Plan Update (Master Plan) was prepared in 2009 by SGM, Inc. In the preparation of the Master Plan, SGM anticipated and modeled future build-out conditions within the Authority’s service area. From this modeling effort, a prioritized list of Capital Improvement Projects was developed. These projects fall into two categories: Planned System Improvements and New Capacity Projects. These projects are treated differently for the purpose of the PIF calculation depending upon which category they fall into. Some of the improvements recommended in the 2009 Master Plan have already been completed, and are included in the booked asset list, or are in progress and are included in the Work-In-Progress list. A spreadsheet detailing the recommended Master Plan System Improvement projects, including their categorization as either improvements, capacity expansions, completed, or work- in-progress has been included in Appendix E. Considering that the Master Plan was prepared in 2009, all of the estimated costs presented in the Master Plan for projects that have not yet been completed have been escalated to 2014 values using the ENR Denver Construction Cost Index. Note that there are recommended projects in the Master Plan that require the extension of main lines to serve new customers that are located outside of the Authority’s service area. Under the Authority’s main line extension policy, these extensions to serve new development would be paid for by the development and dedicated to the Authority as contributed capital as a condition of service. Thus, these specific projects have been excluded from the PIF calculation. Master Planned System Improvements The projects that are classified as Mater Planned System Improvements are betterments that are necessary to meet regulatory and/or safety requirements (e.g. new pressure reducing valves and main lines to meet increased fire flow requirements), improve system reliability and/or redundancy (e.g. Lake Creek Wells), or to preserve overall system capacity (e.g. booster pump station upgrades). While these projects do not increase the overall capacity of the Authority’s water system, they do provide benefit to current and future customers, and add overall value to the various components of the water system. Therefore, these projects are divided amongst existing and future customers to determine the Master Planned System Improvements component of the PIF. 10 New Capacity Projects The Master Plan also identifies several new capacity projects which increase capacity within certain components of the system to allow for future service to new development. Notable projects in this category are new High Zone Pumps at the Avon Drinking Water Facility and transmission line upgrades at both the Avon and Edwards Drinking Water Facilities. These projects are recommended in order to support increased finished water pumping rates from the two treatment facilities as the Authority’s service area builds out, and will primarily be driven by the need to serve future development that is expected in the Avon and Edwards areas. These improvements increase capacity within the system in order to serve future growth, and thus provide direct benefit to future customers. These improvements would not be necessary if no further growth were anticipated. Therefore, the estimated costs of these capacity expansions are only divided amongst the future anticipated SFE’s to determine the new capacity component of the PIF. Plant Investment Fee Using Cost Attribution Methodology to evaluate the Authority’s existing water system assets, planned improvements, and planned capacity additions to the water system, the recommended rate for the Authority’s PIF can be established using the projected total of 22,424 SFE’s in the year 2029. The recommended PIF rate is $9,041 per SFE1. A PIF Calculation Summary Table is included in Appendix F. The Authority’s PIF is collected at the time that a customer connects to the water system, and is assessed based upon the customer’s classification as either a residential or commercial user. For residential customers the impact is assessed relative to the size of the residence, and is determined by measuring the floor plans of new residential construction, or residential additions, to verify the square footage of the residence. The residential PIF rate per square foot is tiered such that the larger residential homes pay a higher rate per square foot than smaller homes. This tiered rate structure is supported by the SGM Water Master Plan Update, which demonstrates, as previously noted, that lower density subdivisions with larger residential homes have a significantly higher peak day demand per SFE than subdivisions with smaller, high density residential units. In effect, the impact to the water system, measured in gallons used per SFE, increases with the size of a residential unit. For this reason, it is recommended that the tiered approach for assessing the PIF for residential customers be continued. The PIF for commercial customers is determined by meter size. A plumbing fixture count for commercial use is provided by the customer in order to size the water meter, and an equivalent number of SFEs are attributed based upon the water demand that the meter can accommodate. SFEs for mixed use residential and commercial buildings are calculated using a hybrid of the residential and commercial approaches. 1 The Authority currently collects its PIF along with Connection Fees that are established by the individual Member Districts. The Member District Connection Fees are then passed on to the Member Districts by the Authority. The Member District Connection Fees are intended to recoup the costs associated with the construction of the existing localized water systems that have historically been conveyed to the Authority. These localized water systems that were contributed to the Authority have been classified as Contributed Capital and are excluded from the Authority’s PIF. 11 The 2014 SFE Update prepared by SBA analyzed collected PIF revenues in 2013 and 2014, and projected that the Authority would generate average PIF revenues of $4,571 per SFE at 2014 rates. This essentially equates to the 2015 Tier 1 total rate of $4,500 for a 2,500 SF residential unit, which was priced at $1.80 per square foot. The 2015 Authority Connection Fee Schedule is included in Appendix G. It is therefore recommended that the new rate for Tier 1 residential be based upon the recommended PIF rate of $9,041 per SFE, and that the remaining tiers be established accordingly to match the existing tier distribution. It is further recommended that commercial rates be established by multiplying the equivalent SFE’s attributed to the meter sizes by the proposed rate of $9,041 per SFE. Table 4 summarizes the Recommended PIF rate for residential and Table 5 summarizes the recommended PIF rate for commercial customers. Table 4 - Recommended Residential Plant Investment Fee Residential - Based on Square Feet Floor Area Tiers Square Feet in Tier Price Per Square FootTier Total Tier 1 0 - 2,500 $ 3.62 $ 9,041 Tier 2 2,501 - 3,500 $ 4.46 $ 4,460 Tier 3 3,501 - 5,000 $ 5.44 $ 8,167 Tier 4 5,001+ $ 6.97 Overage Table 5 – Recommended Commercial Plant Investment Fee Commercial - Based on Meter Size ¾" Meter (1.5 SFE) 1" Meter (2.6 SFE) 1½"Meter (5.8 SFE) 2" Meter (10.3 SFE) 3" Meter (23.0 SFE) 4" Meter (40.9 SFE) 6" Meter (92.1 SFE) $13,561 $23,506 $52,437 $93,121 $207,940 $369,771 $832,663 12 Recommendations The following summarizes the recommendations of this report: 1. The Board should consider increasing the Authority’s PIF to a value that lies within the calculated range of $8,637 and $11,259 per SFE based upon the SGM and SBA SFE forecasts. The recommended fee based on the historical SFE growth rate of 2.13% projected over the next 15-years is $9,041 per SFE. At the Board’s discretion, this value may be adjusted after due consideration of other relevant factors including but not limited to:  The Board’s adopted policies, particularly that growth should pay for growth  The carrying costs and returns on previous investments made in the water system’s available capacity by existing customers  Similar impact fees that may be assessed by other entities  Impacts on the development community, and affordability for future customers 2. The PIF’s tiered rate structure should be continued and the average revenues collected per SFE should be reported annually to insure that the tiered rate structure is effective. 3. The Board should periodically re-examine the PIF as new assets are added and as warranted by changes in the Authority’s capital improvement program. 4. The PIF should be adjusted annually by the rate of construction-related inflation, as reflected by the Denver Construction Cost Index published by Engineering News Record. 5. Finally, the term ‘PIF’ implies that the customer is paying for an investment in the Authority’s water treatment facilities, and not the entire water system. This has been a source of confusion for our customers. Because the fee is developed based upon the value of the all of the assets current and future that comprise the water system, the Board should consider using a different term that better describes the fee’s intended purpose. Staff recommends that the term ‘Water System Impact Fee’ be used going forward. 13 Works Cited Krupp vs Breckenridge Sanitation District, 19 P.3d 687 (Supreme Court of Colorado 2001). American Water Works Association. (2012). Principles of Water Rates, Fees and Charges (6th ed.). Denver, CO, USA: American Water Works Association. Greer, A. (2014, August 13). Draft #1 UERWA - Future SFE Update. Vail, CO: Stan Bernstein & Associates, Inc. Hartman, R. (2006, December 12). Eagle River Water and Sanitation District Water Tap Fee Review. Boulder, CO, USA: Unpublished Manuscript. Schmueser Gorden Meyer, Inc. (2009). Upper Eagle Regional Water Authority, Water Master Plan Update, Final Report. Glenwood Springs, CO. Appendix A Existing Assets by Category UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X A EX I S T I N G G E N E R A L A S S E T S DE C E M B E R 3 1 , 2 0 1 4 AR E A D A T E A S S E T T Y P E P U R P O S E D E S C R I P T I O N O R I G I N A L P R I C E UE R W A 1 9 8 5 G e n e r a l N E W L A N D I M P R O V E M E N T O N T R A C T P & A P O R T I O N O F T R A C T G 5 2 , 9 6 2 . 0 0 $ UE R W A 1 9 8 7 G e n e r a l N E W L A N D S C A P I N G 31,494.87$ UE R W A 1 9 8 9 G e n e r a l N E W R . R . L E A S E 52,400.00$ ARR O W H E A D 1 9 9 3 G e n e r a l N E W Arr o w h e a d E a s e m e n t f o r t h e r e l o c a t i o n o f a w a t e r d i s t . M a i n ( 1 / 2 A H & 1 / 2 U E R W A ) 1 9 , 8 0 0 . 0 0 $ AVO N 1 9 9 5 G e n e r a l N E W Acc e s s E a s e m e n t f o r M e t c a l f s D i t c h D i v e r s i o n S t r u c t u r e 6 5 . 0 0 $ AVO N 1 9 9 7 G e n e r a l N E W E a s e m e n t - M e t c a l f D i v e r s i o n 1 0 , 0 0 0 . 0 0 $ ED W A R D S 1 9 9 7 G e n e r a l S O L D B r e t t R a n c h L a n d - T r a c t F -$ ED W A R D S 2 0 0 0 G e n e r a l N E W E d w a r d s P l a n t T r a c k " D " s i t e 4 9 2 , 9 4 4 . 9 1 $ ED W A R D S 2 0 0 4 G e n e r a l N E W L a n d f o r E d w a r d s W a t e r T a n k 1 2 1 , 2 9 5 . 0 4 $ TO T A L 780,961.82$ 1. V a l u e o f l a n d a s s e t s n o t a d j u s t e d b y E N R C o n s t r u c t i o n C o s t I n d e x Pa g e 1 o f 1 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X A EX I S T I N G S U P P L Y A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t A s s e t T y p e P U R P O S E D A T E D E S C R I P T I O N O r i g i n a l C o s t ENR Denver Construction Cost IndexReplacement Cost New (RCN) Be r r y C r e e k We l l s S u p p l y RE H A B 2 0 0 4 W e l l s - R e h a b f o r D r o u g h t - a t B e r r y C r e e k 7 7 4 , 8 4 3 . 7 2 $ 5 4 5 0 . 3 4 1 , 0 0 1 , 1 0 1 . 0 3 $ UE R W A E Q U I P M E N T S u p p l y IM P R O V E M E N T 2 0 0 6 I n s t a l l C h l o r i n e A n a l y z e r s a t W e l l F a c i l i t i e s 1 7 , 6 3 3 . 9 1 $ 5 7 1 4 . 3 0 2 1 , 7 3 0 . 6 6 $ Be r r y C r e e k We l l s S u p p l y MA I N T A I N 2 0 0 7 B e r r y C r e e k W e l l # 1 R e p a i r 4 7 , 6 4 5 . 8 5 $ 5 7 4 6 . 9 6 5 8 , 3 8 1 . 3 7 $ Be r r y C r e e k We l l s S u p p l y MA I N T A I N 2 0 0 9 B e r r y C r e e k W e l l # 2 R e p a i r 8 6 , 7 2 5 . 0 0 $ 6 3 4 3 . 1 9 9 6 , 2 7 7 . 3 2 $ Be r r y C r e e k We l l s S u p p l y RE H A B 2 0 1 1 B e r r y C r e e k W e l l # 1 R e h a b - 2 0 1 0 3 7 , 7 5 6 . 0 1 $ 6 8 8 6 . 5 3 3 8 , 6 0 7 . 6 2 $ Avo n S T U D Y S u p p l y NE W 2 0 1 1 M o u n t a i n S t a r R F P D e v e l o p m e n t 3, 6 1 0 . 0 0 $ 6 8 8 6 . 5 3 3 , 6 9 1 . 4 3 $ Co r d i l l e r a W e l l s S u p p l y IM P R O V E M E N T 2 0 1 2 C o r d i l l e r a W e l l W i n t e r i z e a n d I m p r o v e m e n t s 1 6 , 2 6 9 . 1 5 $ 6 9 7 9 . 2 5 1 6 , 4 1 5 . 1 0 $ Be r r y C r e e k EQ U I P M E N T S u p p l y MA I N T A I N 2 0 1 2 B e r r y C r e e k W e l l # 1 P u m p R e p l a c e m e n t 1 3 , 2 0 9 . 2 4 $ 6 9 7 9 . 2 5 1 3 , 3 2 7 . 7 4 $ Co r d i l l e r a W e l l s S u p p l y IM P R O V E M E N T 2 0 1 2 F e n n o W e l l F 6 - C i v i l W o r k 1 1 , 7 6 9 . 9 3 $ 6 9 7 9 . 2 5 1 1 , 8 7 5 . 5 2 $ UE R W A W e l l s S u p p l y N E W 2 0 1 3 G r o u n d w a t e r R u l e N e w L i n e 1 4 8 , 1 4 5 . 0 0 $ 7 0 1 2 . 7 0 1 4 8 , 7 6 1 . 0 1 $ UE R W A W e l l s S u p p l y N E W 2 0 1 3 B e r r y C r e e k N e w W e l l D e v e l o p m e n t 8 7 , 8 1 9 . 0 0 $ 7 0 1 2 . 7 0 8 8 , 1 8 4 . 1 7 $ TO T A L : 1 , 2 4 5 , 4 2 6 . 8 1 $ 1 , 4 9 8 , 3 5 2 . 9 6 $ Pa g e 1 o f 1 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X A EX I S T I N G T R A N S M I S S I O N & D I S T R I B U T I O N A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t T y p e P u r p o s e D A T E D E S C R I P T I O N O r i g i n a l C o s t ENR Denver Construction Cost IndexReplacement Cost New (RCN) AR R O W H E A D T & D N E W 1 9 8 8 A R R O W H E A D 1 2 1 , 2 6 5 . 7 4 $ 3 5 3 8 . 2 6 2 4 1 , 3 4 3 . 5 9$ BE A V E R C R E E K T& D N E W 1 9 8 8 B E A V E R C R E E K 10 , 0 1 9 . 0 0 $ 3 5 3 8 . 2 6 1 9 , 9 3 9 . 8 6 $ AV O N T & D N E W 1 9 8 8 M E T C A L F I N T A K E D I T C H 5 0 9 , 7 5 6 . 2 5 $ 3 5 3 8 . 2 6 1 , 0 1 4 , 5 1 9 . 0 4$ UE R W A T & D N E W 1 9 8 8 D I V E R S I O N W O R K S 1 0 , 6 0 4 . 4 1 $ 3 5 3 8 . 2 6 2 1 , 1 0 4 . 9 4 $ UE R W A T & D N E W 1 9 8 8 G A U G I N G S T A T I O N O N E A G L E R I V E R - 9, 2 5 0 . 0 0 $ 3 5 3 8 . 2 6 1 8 , 4 0 9 . 3 9 $ UE R W A T & D N E W 1 9 9 1 2 4 " R A W W A T E R L I N E - B O B B R I D G E 6 , 3 8 4 . 0 0 $ 3 7 1 5 . 3 4 1 2 , 0 9 9 . 9 0 $ UE R W A T & D N E W 1 9 9 1 2 4 " T R A N S M I S S I O N L I N E T O B . C . 5 7 8 , 0 6 9 . 1 5 $ 3 7 1 5 . 3 4 1 , 0 9 5 , 6 4 1 . 8 6$ AV O N T & D I M P R O V E M E N T 19 9 2 A V O N T O A . H . V A U L T I M P 7 , 3 8 7 . 4 3 $ 3 8 3 3 . 6 4 1 3 , 5 6 9 . 6 7 $ UE R W A T & D I M P R O V E M E N T 19 9 2 2 4 " T R A N S L I N E - F L A G I N G / L A N D S C A P I N G 7, 8 0 2 . 3 1 $ 3 8 3 3 . 6 4 1 4 , 3 3 1 . 7 5$ UE R W A T & D N E W 1 9 9 3 1 6 " L P Z T R A N S L I N E A V O N T O B E A V E R C K . 26 0 , 8 5 3 . 2 7 $ 4 0 1 2 . 0 2 4 5 7 , 8 4 7 . 2 2 $ BE R R Y C R E E K T& D R E H A B 1 9 9 4 B O O S T E R S T A T I O N I N B E R R Y C K . T A N S . L I N E 45 , 2 9 4 . 6 9 $ 4 0 0 8 . 7 4 7 9 , 5 6 5 . 8 7 $ UE R W A T & D N E W 1 9 9 4 D O W D J C T . I N T E R C O N . P H A S E I & I I 7 9 9 , 3 0 4 . 6 5 $ 4 0 0 8 . 7 4 1 , 4 0 4 , 0 7 9 . 9 5$ UE R W A T & D I M P R O V E M E N T 19 9 4 M O S C A D C O N V E R S I O N 2 8 , 5 1 6 . 8 6 $ 4 0 0 8 . 7 4 5 0 , 0 9 3 . 4 8 $ UE R W A T & D N E W 1 9 9 5 D O W D J C T . I N T E R C O N . P H A S E I I I 3 6 0 , 9 2 3 . 7 2 $ 4 0 8 7 . 8 2 6 2 1 , 7 4 3 . 2 0 $ BA C H E L O R G U L C H T& D N E W 1 9 9 5 L I N E T O B A C H E L O R G U L C H T A N K 25 0 , 0 0 0 . 0 0 $ 4 0 8 7 . 8 2 4 3 0 , 6 6 1 . 0 9$ BE R R Y C R E E K T& D I M P R O V E M E N T 19 9 6 B E R R Y C R E E K B P S U P G R A D E 6, 9 0 8 . 5 4 $ 4 3 3 4 . 0 9 1 1 , 2 2 4 . 7 3 $ UE R W A T & D N E W 1 9 9 6 D O W D J U N C T I O N I I I E A S E M E N T S 5 , 0 0 0 . 0 0 $ 4 3 3 4 . 0 9 8 , 1 2 3 . 8 0 $ AV O N T & D N E W 1 9 9 7 A V O N P R V V A U L T A T B U R G E R K I N G 79 , 1 9 4 . 7 3 $ 4 3 2 9 . 3 4 1 2 8 , 8 1 3 . 6 8$ UE R W A T & D N E W 1 9 9 7 I N T E R C O N N E C T P R V 17 , 7 1 7 . 1 7 $ 4 3 2 9 . 3 4 2 8 , 8 1 7 . 7 5$ AV O N T & D R E H A B 1 9 9 8 A V O N P U M P S T A T I O N 1 & 3 P A I N T I N G / R E P A I R S 34 , 9 5 0 . 0 0 $ 4 4 7 0 . 3 5 5 5 , 0 5 4 . 5 3 $ BE R R Y C R E E K T& D R E H A B 1 9 9 8 B E R R Y C R E E K B P S I N T E R I O R P A I N T I N G 16 , 8 7 0 . 0 0 $ 4 4 7 0 . 3 5 2 6 , 5 7 4 . 2 5$ UE R W A T & D N E W 1 9 9 8 M I L L E R R A N C H B P S T O B E R R Y C R E E K 22 8 , 1 8 5 . 3 1 $ 4 4 7 0 . 3 5 3 5 9 , 4 4 5 . 9 1 $ ED W A R D S T & D M A I N T A I N 1 9 9 9 E D W A R D S B P S P I P I N G R E P A I R 5, 9 5 7 . 5 0 $ 4 4 9 8 . 4 5 9 , 3 2 5 . 8 5 $ UE R W A T & D N E W 1 9 9 9 B A C K U P G E N E R A T O R S 17 2 , 2 5 2 . 7 2 $ 4 4 9 8 . 4 5 2 6 9 , 6 4 3 . 8 9$ BE R R Y C R E E K T& D I M P R O V E M E N T 19 9 9 B E R R Y C R E E K W A T E R M A I N U P S I Z E - W i n s l o w R d . 1 3 8 , 9 5 5 . 2 1 $ 4 4 9 8 . 4 5 2 1 7 , 5 2 0 . 0 6$ UE R W A T & D I M P R O V E M E N T 19 9 9 D I S T R I B U T I V E C O N T R O L - T E L E M E T R Y 45 , 4 2 9 . 7 7 $ 4 4 9 8 . 4 5 7 1 , 1 1 5 . 6 2 $ UE R W A T & D N E W 2 0 0 0 G E N E R A T O R I N S T A L L A T I O N 7 0 , 5 3 6 . 9 2 $ 4 7 6 6 . 7 4 1 0 4 , 2 0 3 . 5 3$ ED W A R D S T & D N E W 2 0 0 0 W I N S L O W R O A D W A T E R L I N E E X T E N S I O N - S e e A b o v e 1 , 5 5 1 . 2 1 $ 4 7 6 6 . 7 4 2 , 2 9 1 . 5 9 $ UE R W A T & D I M P R O V E M E N T 20 0 0 D I S T R I B U T I V E C O N T R O L - T E L E M E T R Y 85 , 8 2 5 . 6 0 $ 4 7 6 6 . 7 4 1 2 6 , 7 8 9 . 3 5$ UE R W A T & D I M P R O V E M E N T 20 0 2 P R V a t P r a t e r R o a d ( E l e c t r i c u p g r a d e i n 2 0 0 5 ) 11 8 , 7 3 6 . 3 4 $ 4 7 4 4 . 3 0 1 7 6 , 2 3 7 . 7 3$ CO R D I L L E R A T& D I M P R O V E M E N T 20 0 3 C O R D I L L E R A E A S T B P S U P G R A D E 24 , 3 9 3 . 1 5 $ 5 0 1 5 . 4 3 3 4 , 2 4 8 . 9 4 $ BE R R Y C R E E K T& D I M P R O V E M E N T 20 0 3 B E R R Y C R E E K - T r a c k A W a t e r L i n e 2 4 , 7 7 9 . 0 6 $ 5 0 1 5 . 4 3 3 4 , 7 9 0 . 7 7 $ UE R W A T & D N E W 2 0 0 3 D i e s e l P u m p 1 / 2 O w n e r s h i p 3 2 , 8 0 7 . 0 0 $ 5 0 1 5 . 4 3 4 6 , 0 6 2 . 3 1 $ UE R W A T & D I M P R O V E M E N T 20 0 3 D I S T R I B U T I V E C O N T R O L S - T E L E M E T R Y 22 1 , 9 2 8 . 0 9 $ 5 0 1 5 . 4 3 3 1 1 , 5 9 5 . 7 2 $ EA G L E - V A I L T & D N E W 2 0 0 4 E A G L E - V A I L - 1 2 " W a t e r L i n e - B a t t l e M t n . H . S . 1 1 4 , 3 1 1 . 7 6 $ 5 4 5 0 . 3 4 1 4 7 , 6 9 1 . 2 3$ ED W A R D S T & D I M P R O V E M E N T 20 0 4 E D W A R D S - E d w a r d s B P S U p g r a d e 2 7 , 4 5 0 . 0 0 $ 5 4 5 0 . 3 4 3 5 , 4 6 5 . 5 0 $ ED W A R D S T & D N E W 2 0 0 4 E D W A R D S - M i l l e r R a n c h R o a d I n t e r c o n n e c t 22 5 , 0 7 7 . 6 0 $ 5 4 5 0 . 3 4 2 9 0 , 8 0 1 . 1 1 $ AV O N T & D I M P R O V E M E N T 20 0 5 A V O N - P R V a t P r a t e r R o a d - E l e c t r i c a l 1 5 , 3 5 9 . 0 0 $ 5 5 5 1 . 5 5 1 9 , 4 8 2 . 1 1 $ Pa g e 1 o f 2 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X A EX I S T I N G T R A N S M I S S I O N & D I S T R I B U T I O N A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t T y p e P u r p o s e D A T E D E S C R I P T I O N O r i g i n a l C o s t ENR Denver Construction Cost IndexReplacement Cost New (RCN) BE R R Y C R E E K T& D I M P R O V E M E N T 20 0 5 B E R R Y C R E E K - U p g r a d e B e r r y C r e e k B P S 16 , 9 2 5 . 0 0 $ 5 5 5 1 . 5 5 2 1 , 4 6 8 . 5 1 $ UE R W A T & D I M P R O V E M E N T 20 0 5 D i s t r i b u t i v e C o n t r o l - T e l e m e t r y 55 , 1 6 5 . 2 0 $ 5 5 5 1 . 5 5 6 9 , 9 7 4 . 2 6 $ EA G L E - V A I L T & D N E W 2 0 0 6 E A G L E - V A I L - 1 2 " W a t e r L i n e - B a t t l e M t n . H . S . 1 0 , 5 6 8 . 8 0 $ 5 7 1 4 . 3 0 1 3 , 0 2 4 . 1 7 $ CO R D I L L E R A T& D I M P R O V E M E N T 20 0 6 C O R D I L L E R A - W a t e r S y s t e m I m p r o v e m e n t s 8 3 , 2 9 6 . 8 0 $ 5 7 1 4 . 3 0 1 0 2 , 6 4 8 . 5 1 $ ED W A R D S T & D I M P R O V E M E N T 20 0 6 E D W A R D S - S o u t h 4 0 R e t a i n a g e W a l l R e - r o u t e , P h a s e I W t r . L i n e 36 2 , 2 2 7 . 2 6 $ 5 7 1 4 . 3 0 4 4 6 , 3 8 0 . 7 7$ UE R W A T & D I M P R O V E M E N T 20 0 6 D i s t r i b u t i v e C o n t r o l - T e l e m e t r y 7, 9 6 0 . 0 0 $ 5 7 1 4 . 3 0 9 , 8 0 9 . 2 9 $ CO R D I L L E R A T& D I M P R O V E M E N T 20 0 7 C O R D I L L E R A - W a t e r S y s t e m I m p r o v e m e n t s 2 0 0 7 22 , 0 5 1 . 0 0 $ 5 7 4 6 . 9 6 2 7 , 0 1 9 . 5 1 $ UE R W A T & D I M P R O V E M E N T 20 0 7 D i s t r i b u t i v e C o n t r o l T e l e m e t r y 43 , 1 6 4 . 6 9 $ 5 7 4 6 . 9 6 5 2 , 8 9 0 . 5 2 $ AV O N T & D N E W 2 0 0 7 M e t e r i n g M a n h o l e a t A v o n 1 4 5 , 4 0 9 . 5 7 $ 5 7 4 6 . 9 6 1 7 8 , 1 7 3 . 1 3$ ED W A R D S T & D N E W 2 0 0 7 E D W A R D S - S o u t h 4 0 R e t a i n a g e W a l l R e - r o u t e 7 3 4 , 1 5 0 . 5 2 $ 5 7 4 6 . 9 6 8 9 9 , 5 6 8 . 6 7$ ED W A R D S T & D N E W 2 0 0 7 E D W A R D S - S o u t h 4 0 W a t e r L i n e 5 6 8 , 2 5 9 . 1 0 $ 5 7 4 6 . 9 6 6 9 6 , 2 9 8 . 7 4 $ UE R W A T & D M A I N T A I N 2 0 0 8 S p a r e P a r t s a n d M o t o r s f o r B P S & T a n k s 3 5 , 9 0 8 . 9 6 $ 5 9 3 5 . 7 4 4 2 , 6 0 0 . 5 6 $ CO R D I L L E R A T& D I M P R O V E M E N T 20 0 8 C o r d i l l e r a W a t e r S y s t e m I m p r o v e m e n t s f o r A c c e p t a n c e 7 7 , 4 5 9 . 8 4 $ 5 9 3 5 . 7 4 9 1 , 8 9 4 . 4 1 $ AV O N T & D I M P R O V E M E N T 20 0 9 A V O N - L a k e S t r e e t W a t e r M a i n 2 4 , 8 8 3 . 1 3 $ 6 3 4 3 . 1 9 2 7 , 6 2 3 . 8 8 $ UE R W A T & D M A I N T A I N 2 0 0 9 M o t o r s a n d P a r t s f o r B P S & T a n k s 5 2 , 0 6 2 . 5 1 $ 6 3 4 3 . 1 9 5 7 , 7 9 6 . 9 3 $ AV O N T & D N E W 2 0 1 1 A V O N - 2 0 1 1 S a m p l e S t a t i o n s 2 2 , 9 1 2 . 9 9 $ 6 8 8 6 . 5 3 2 3 , 4 2 9 . 8 1 $ ED W A R D S T & D N E W 2 0 1 1 E D W A R D S - B r e t t R a n c h W a t e r M a i n 7 4 7 , 5 9 7 . 1 5 $ 6 8 8 6 . 5 3 7 6 4 , 4 5 9 . 6 7$ AV O N T & D M A I N T A I N 2 0 1 1 A V O N - 1 B P S P u m p R e p l a c e m e n t 20 , 2 1 6 . 1 4 $ 6 8 8 6 . 5 3 2 0 , 6 7 2 . 1 3 $ CO R D I L L E R A T& D N E W 2 0 1 2 C O R D I L L E R A - S a m p l e S t a t i o n 3 , 2 8 3 . 6 4 $ 6 9 7 9 . 2 5 3 , 3 1 3 . 1 0 $ UE R W A T & D I M P R O V E M E N T 20 1 2 R a d i o N e t w o r k U p g r a d e P r o j e c t D e s i g n ( T o b e b u i l t i n f u t u r e ) 20 , 9 2 3 . 4 0 $ 6 9 7 9 . 2 5 2 1 , 1 1 1 . 1 0 $ CO R D I L L E R A T& D N E W 2 0 1 2 C o r d i l l e r a E a s t B P S I s o l a t i o n V a l v e 5 , 3 5 4 . 8 3 $ 6 9 7 9 . 2 5 5 , 4 0 2 . 8 7 $ UE R W A T & D M A I N T A I N 2 0 1 2 S p a r e P a r t s a n d M o t o r s f o r B P S & T a n k s 8 0 , 5 2 4 . 4 2 $ 6 9 7 9 . 2 5 8 1 , 2 4 6 . 7 9 $ BE A V E R C R E E K T& D M A I N T A I N 2 0 1 2 B e a v e r C k B P S 1 & 2 S o f t S t a r t U p g r a d e 45 , 5 8 4 . 8 1 $ 6 9 7 9 . 2 5 4 5 , 9 9 3 . 7 5$ UE R W A T & D I M P R O V E M E N T 20 1 2 C o r r o s i v e S o i l s S t u d y ( T o b e u s e d i n f u t u r e c o n s t r u c t i o n ) 59 , 9 0 0 . 0 0 $ 6 9 7 9 . 2 5 6 0 , 4 3 7 . 3 6 $ UE R W A T & D R E H A B 2 0 1 2 B P S I n t e r i o r P a i n t i n g 1 7 , 6 9 4 . 2 9 $ 6 9 7 9 . 2 5 1 7 , 8 5 3 . 0 2 $ UE R W A T & D M A I N T A I N 2 0 1 2 T e l e m e t r y S y s t e m P a r t s 1 7 , 9 1 7 . 8 6 $ 6 9 7 9 . 2 5 1 8 , 0 7 8 . 6 0 $ UE R W A T & D I M P R O V E M E N T 20 1 2 A r c F l a s h I m p r o v e m e n t s i n B P S B e a v e r C k 2 a n d M t . S t a r 3 27 , 6 2 3 . 9 8 $ 6 9 7 9 . 2 5 2 7 , 8 7 1 . 7 9 $ BE A V E R C R E E K T& D I M P R O V E M E N T 20 1 3 B o o s t e r P u m p B y - P a s s @ B C T a n k # 3 7, 6 0 7 . 0 0 $ 7 0 1 2 . 6 9 7 , 6 3 8 . 6 4 $ TO T A L $ 8 , 0 2 8 , 6 3 4 . 0 5 $ 1 1 , 8 3 7 , 3 1 2 . 6 2 1. T & D F a c i l i t i e s c o n t r i b u t e d u n d e r m a i n l i n e e x t e n s i o n p o l i c y o r v i a c o n s o l i d a t i o n a r e e x c l u d e d . ( S e e T & D C o n t r i b u t e d T a b l e ) Pa g e 2 o f 2 UERWA PLANT INVESTMENT FEE UPDATE - APPENDIX A EXISTING TREATMENT ASSETS DECEMBER 31, 2014 FacilityAsset TypePURPOSEDATEDESCRIPTIONOriginal Cost ENR Denver Construction Cost Index Replacement Cost New (RCN) ADWFTreatment NEW1988PLANT 5,349,323.97$ 3538.26 10,646,247.16$ ADWFTreatment NEW1988LG ELE MOTOR-9 45,000.00$ 3538.26 89,559.19$ ADWFTreatment NEW1988PUMPS-9 36,000.00$ 3538.26 71,647.35$ ADWFTreatment NEW1989HIGH SERV PUMP 52,861.05$ 3641.78 102,213.78$ ADWFTreatment IMPROVEMENT 1989LOADING DOCK 946.16$ 3641.78 1,829.52$ ADWFTreatment NEW1990LOW SERVICE PUMP LP-10 30,427.94$ 3668.20 58,412.65$ ADWFTreatment NEW1997Building 5,616,640.21$ 4329.24 9,135,920.86$ ADWFTreatment NEW1997Chemical Systems Equipment 294,998.79$ 4329.24 479,839.46$ ADWFTreatment NEW1997Valves 293,104.79$ 4329.24 476,758.71$ ADWFTreatment NEW1997Pumps 432,423.18$ 4329.24 703,371.38$ ADWFTreatment MAINTAIN1997Filter Media 90,450.46$ 4329.24 147,125.01$ ADWFTreatment NEW1997Backwash/Reclaim Clarifier 189,047.99$ 4329.24 307,501.89$ ADWFTreatment NEW1997Tube Settlers 194,425.91$ 4329.24 316,249.51$ ADWFTreatment NEW1997Motor Control Center 122,718.39$ 4329.24 199,611.41$ ADWFTreatment NEW1997T-1 Communication Line 17,496.21$ 4329.24 28,459.00$ ADWFTreatment MAINTAIN2000 Asphalt at Avon DWF 17,351.00$ 4766.74 25,632.47$ ADWFTreatment REHAB2000Paint Filters at Avon DWF 33,840.00$ 4766.74 49,991.51$ ADWFTreatment IMPROVEMENT 2001Crane System Improvements-Avon DWF7,645.00$ 4663.08 11,544.95$ ADWFTreatment MAINTAIN2001 Avon Water Plant Painting 37,068.00$ 4663.08 55,977.52$ ADWFTreatment NEW2001Micro-filtration Pilot Plant at Avon 103,353.75$ 4663.08 156,077.66$ ADWFTreatment NEW2001Gate at ADWF (Moved to Vail)19,382.66$ 4663.08 29,270.35$ EDWFTreatment IMPROVEMENT 2003Planning and Pilot Activites 37,412.00$ 5015.43 52,527.91$ EDWFTreatment NEW2003Road to Plant 666,000.00$ 5015.43 935,090.06$ EDWFTreatment NEW2003Engineering and Permiting 863,580.00$ 5015.43 1,212,500.12$ EDWFTreatment NEW2003CO - Accelerate concrete Work134,131.00$ 5015.43 188,325.17$ EDWFTreatment NEW2003Landscape 13,024.00$ 5015.43 18,286.21$ EDWFTreatment NEW2003Pall Membrane Filters 1,687,678.00$ 5015.43 2,369,565.96$ EDWFTreatment NEW2003Bike Path Water Line 68,520.00$ 5015.43 96,204.76$ EDWFTreatment NEW2003Sewer Tap Fee/Meter 83,054.00$ 5015.43 116,611.07$ EDWFTreatment NEW2003Water Tap fee & Plant Investment Fee 20,066.00$ 5015.43 28,173.45$ EDWFTreatment NEW2003Electric to Property and Const. Easements 42,330.00$ 5015.43 59,432.98$ EDWFTreatment NEW2003Clean up and Mobilization 316,586.00$ 5015.43 444,499.13$ EDWFTreatment NEW2003External Pipe, Dirtwork & Intake 1,345,536.00$ 5015.43 1,889,185.20$ EDWFTreatment NEW2003Concrete Building Structure 1,992,987.00$ 5015.43 2,798,231.74$ EDWFTreatment NEW2003Metals & Handrails 113,455.00$ 5015.43 159,295.26$ EDWFTreatment NEW2003Roof, Doors & Weather proofing699,426.00$ 5015.43 982,021.48$ EDWFTreatment NEW2003Pumps, Filters & other Equipment 1,034,768.00$ 5015.43 1,452,854.77$ EDWFTreatment NEW2003Internal Piping 1,213,537.00$ 5015.43 1,703,853.44$ EDWFTreatment NEW2003HVAC & Electrical System 1,374,641.03$ 5015.43 1,930,049.80$ ADWFTreatment NEW2003 AVON DWF INCREASED PROD. PROJ.271,338.93$ 5015.43 380,970.48$ ADWFTreatment IMPROVEMENT 2003VENTILATION AND COOLING UPGRADE - ADWF18,526.00$ 5015.43 26,011.23$ ADWFTreatment MAINTAIN2003REPLACE PRODUCTION METERS 21,730.48$ 5015.43 30,510.44$ ADWFTreatment NEW2003Separate AA's Office from Conf. Room4,384.56$ 5015.43 6,156.09$ ADWFTreatment NEW2004Fence In Front of Avon DWF 7,692.75$ 5450.34 9,939.06$ ADWFTreatment MAINTAIN2005Ozone Repairs at Avon DWF 68,837.32$ 5551.55 87,316.65$ ADWFTreatment IMPROVEMENT 2005 Avon DWF Plant Lighting Improvements/Replacement 39,615.00$ 5551.55 50,249.62$ ADWFTreatment MAINTAIN2006Replace DP Gauages, & 1720C Chlorine Analyzers 37,049.98$ 5714.30 45,657.52$ ADWFTreatment MAINTAIN2006Distribution Pumps, Inspection, Rebuild, Balance 64,513.32$ 5714.30 79,501.21$ ADWFTreatment NEW2006Upflow Clarifier By-Pass 7,832.00$ 5714.30 9,651.55$ ADWFTreatment NEW2007Baffle ADWF Clearwell 121,001.64$ 5746.96 148,265.62$ ADWFTreatment NEW2007 Avon DWF Optimization 1,014,424.24$ 5746.96 1,242,993.42$ ADWFTreatment NEW2007Security Fence at Avon 29,975.00$ 5746.96 36,728.94$ EDWFTreatment NEW2007Sand Separator EDWF 212,687.07$ 5746.96 260,609.53$ ADWFTreatment MAINTAIN2007Replace SCADA Servers - ADWF16,606.00$ 5746.96 20,347.65$ ADWFTreatment REHAB2008Rehabilitate ADWF Filter #7 29,480.19$ 5935.74 34,973.80$ ADWFTreatment MAINTAIN2008Filter Effluent Valve Replace. ADWF-Phase158,661.17$ 5935.74 69,592.63$ EDWFTreatment NEW2008EDWF Irrigation Strainers 9,570.00$ 5935.74 11,353.36$ ADWFTreatment MAINTAIN2009 ADWF Ozone Repairs/Chlorine Conversion 2,715,206.28$ 6343.19 3,014,272.39$ ADWFTreatment IMPROVEMENT 2009 ADWF Paint & Exterior Improvements 18,300.00$ 6343.19 20,315.65$ ADWFTreatment MAINTAIN2009 ADWF Replacement Parts8,967.91$ 6343.19 9,955.68$ ADWFTreatment MAINTAIN2009 ADWF & EDWF Roof Repairs84,600.00$ 6343.19 93,918.26$ EDWFTreatment NEW2009EDWF Generator 216,553.36$ 6343.19 240,405.61$ ADWFTreatment NEW2010Generator Backup Avon 1,279,247.59$ 6397.15 1,408,171.21$ ADWFTreatment MAINTAIN2010Replace ADWF Control Valves 136,686.05$ 6397.15 150,461.38$ ADWFTreatment IMPROVEMENT 2010 ADWF Lighting Upgrades 31,961.00$ 6397.15 35,182.06$ ADWFTreatment NEW2010Production Meter ADWF, Mag Meters Inf, HZ & LZ 52,599.97$ 6397.15 57,901.04$ ADWFTreatment MAINTAIN2010 ADWF Replacement Parts40,611.84$ 6397.15 44,704.73$ UERWATreatment MAINTAIN2010Other Facilities Replacement Parts 8,464.59$ 6397.15 9,317.66$ ADWFTreatment IMPROVEMENT 2010 ADWF Instrumentation for Automation 65,699.31$ 6397.15 72,320.54$ ADWFTreatment NEW2011 ADWF PLC's & Terminal Services 240,151.95$ 6886.53 245,568.73$ ADWFTreatment MAINTAIN2011 ADWF Spare Parts19,048.33$ 6886.53 19,477.98$ ADWFTreatment IMPROVEMENT 2011 ADWF Polymer System26,025.80$ 6886.53 26,612.83$ ADWFTreatment IMPROVEMENT 2011 ADWF Trac-Vac Upgrades73,218.91$ 6886.53 74,870.41$ ADWFTreatment NEW2011 ADWF Online Total Organic Carbon Analyzer 28,361.28$ 6886.53 29,000.99$ EDWFTreatment NEW2011EDWF Server, Integration & HART Protocol34,371.25$ 6886.53 35,146.52$ EDWFTreatment NEW2011EDWF Pretreatment Project Phase I498,427.02$ 6886.53 509,669.35$ EDWFTreatment NEW2011EDWF Online Total Organic Carbon Analyzer 31,855.88$ 6886.53 32,574.41$ Page 1 of 2 UERWA PLANT INVESTMENT FEE UPDATE - APPENDIX A EXISTING TREATMENT ASSETS DECEMBER 31, 2014 FacilityAsset TypePURPOSEDATEDESCRIPTIONOriginal Cost ENR Denver Construction Cost Index Replacement Cost New (RCN) UERWATreatment MAINTAIN2011BPS & Tank Spare Parts/Motors 65,159.13$ 6886.53 66,628.84$ EDWFTreatment NEW2011EDWF Fence 22,571.46$ 6886.53 23,080.57$ ADWFTreatment IMPROVEMENT 2011 ADWF Instrumentation for Automation 67,173.07$ 6886.53 68,688.20$ ADWFTreatment MAINTAIN2012 ADWF Spare Parts14,574.15$ 6979.25 14,704.89$ ADWFTreatment MAINTAIN2012 ADWF Polymer System (Completion work, project in 2011)2,428.84$ 6979.25 2,450.63$ ADWFTreatment NEW2012 ADWF Office Space/Server Room Remodel17,758.93$ 6979.25 17,918.24$ ADWFTreatment NEW2012 ADWF Online Total Organic Carbon Analyzer (Comp., project '11)1,073.52$ 6979.25 1,083.15$ ADWFTreatment IMPROVEMENT 2012 ADWF PLC Process Upgrade30,497.16$ 6979.25 30,770.75$ ADWFTreatment MAINTAIN2012 ADWF Chlorine Storage Tank Replacement 19,015.45$ 6979.25 19,186.04$ EDWFTreatment NEW2012EDWF Pretreatment Project Phase I (Comp wk, done in '11)2,106.51$ 6979.25 2,125.41$ EDWFTreatment NEW2012EDWF Online Total Organic Carbon Analyzer (Comp wk., done in '11686.76$ 6979.25 692.92$ UERWATreatment MAINTAIN2012BPS & Tank Spare Parts/Motors 29,677.90$ 6979.25 29,944.14$ EDWFTreatment MAINTAIN2012EDWF Fence (Completion work, project in 2011)140.00$ 6979.25 141.26$ ADWFTreatment IMPROVEMENT 2012 ADWF Instrumentation for Automation 12,294.90$ 6979.25 12,405.20$ CORDILLERATreatment NEW2012CORDILLERA Stage 2 Disinfection Byprod. Compliance Plan 107,561.36$ 6979.25 108,526.28$ UERWATreatment NEW2012Spill Time Calculation Too6,968.46$ 6979.25 7,030.97$ ADWFTreatment MAINTAIN2012 ADWF Plant Networking 11,484.87$ 6979.25 11,587.90$ TOTAL 32,746,692.93$ 48,627,591.49$ Page 2 of 2 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X A EX I S T I N G T R E A T E D S T O R A G E A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t T y p e P u r p o s e D A T E D E S C R I P T I O N O r i g i n a l C o s t EN R Denver Co n s t r u c t i o n Cost IndexReplacement Cost New (RCN) AVO N T r e a t e d S t o r a g e N E W 1 9 9 4 I N T E R E S T I N A V O N T A N K ( P E R 4 T H A D D E N ) 30 0 , 0 0 0 . 0 0 $ 4 0 0 8 . 7 4 5 2 6 , 9 8 8 . 0 3 $ BA C H E L O R G U L C H T r e a t e d S t o r a g e N E W 1 9 9 7 B A C H E L O R G U L C H - T A N K 1, 7 4 6 , 9 2 9 . 7 2 $ 4 3 2 9 . 3 4 2 , 8 4 1 , 4 5 7 . 2 5 $ ED W A R D S T r e a t e d S t o r a g e R E H A B 1 9 9 9 E D W A R D S W A T E R T A N K E X T E R N A L P A I N T I N G 8 , 6 4 0 . 0 0 $ 4 4 9 8 . 4 5 1 3 , 5 2 5 . 0 3 $ BE A V E R C R E E K Tr e a t e d S t o r a g e N E W 1 9 9 9 B E A V E R C R E E K T A N K # 2 S O L A R I N S T A L L 7 , 9 5 5 . 0 0 $ 4 4 9 8 . 4 5 1 2 , 4 5 2 . 7 3 $ ED W A R D S T r e a t e d S t o r a g e R E H A B 1 9 9 9 E D W A R D S W A T E R T A N K E X T E R N A L P A I N T I N G 8 , 6 4 0 . 0 0 $ 4 4 9 8 . 4 5 1 3 , 5 2 5 . 0 3 $ ARR O W H E A D T r e a t e d S t o r a g e R E H A B 2 0 0 0 ARR O W H E A D W A T E R T A N K R E P A I R 6 9 , 7 1 1 . 7 5 $ 4 7 6 6 . 7 4 1 0 2 , 9 8 4 . 5 1 $ BE A V E R C R E E K Tr e a t e d S t o r a g e R E H A B 2 0 0 0 B E A V E R C R E E K T A N K # 1 R E P A I R 8 3 , 6 2 8 . 0 7 $ 4 7 6 6 . 7 4 1 2 3 , 5 4 2 . 9 6 $ CV C T r e a t e d S t o r a g e N E W 2 0 0 8 A l t i t u d e V a l v e a t C V C T a n k 9 1 , 2 2 9 . 6 5 $ 5 9 3 5 . 7 4 1 0 8 , 2 3 0 . 2 2 $ AR R O W H E A D T r e a t e d S t o r a g e M A I N T A I N 2 0 0 9 P a i n t B C & A r r o w h e a d T a n k s 5 9 , 9 9 7 . 1 7 $ 6 3 4 3 . 1 9 6 6 , 6 0 5 . 5 5 $ Ea g l e - V a i l T r e a t e d S t o r a g e M A I N T A I N 2 0 0 9 E a g l e - V a i l T a n k L a n d s c a p e 2 2 , 1 8 4 . 3 3 $ 6 3 4 3 . 1 9 2 4 , 6 2 7 . 8 2 $ Be r r y C r e e k T r e a t e d S t o r a g e N E W 2 0 1 1 B e r r y C r e e k T a n k F e n c i n g 1 4 , 1 3 8 . 3 7 $ 6 8 8 6 . 5 3 1 4 , 4 5 7 . 2 7 $ Be r r y C r e e k T r e a t e d S t o r a g e N E W 2 0 1 2 L o w Z o n e C V C W a t e r T a n k & M a i n 4 , 0 0 5 , 9 7 1 . 9 7 $ 6 9 7 9 . 2 5 4 , 0 4 1 , 9 0 9 . 0 6 $ UE R W A T r e a t e d S t o r a g e N E W 2 0 1 2 T a n k O v e r f l o w V a l v e s 1 8 , 7 9 6 . 9 9 $ 6 9 7 9 . 2 5 1 8 , 9 6 5 . 6 2 $ TO T A L $ 6 , 4 3 7 , 8 2 3 . 0 2 $ 7 , 9 0 9 , 2 7 1 . 0 7 Pa g e 1 o f 1 Appendix B Contributed Capital Assets UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X B CO N T R I B U T E D C A P I T A L A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t T y p e D A T E D E S C R I P T I O N O r i g i n a l C o s t ENR Denver Construction Cost IndexReplacement Cost New (RCN) EA G L E - V A I L T & D 1 9 9 8 E A G L E - V A I L D I S T R I B U T I O N S Y S T E M 1 , 7 1 2 , 8 2 5 . 0 0 $ 4 4 7 0 . 3 5 2 , 6 9 8 , 1 0 5 . 0 4 $ BE A V E R C R E E K T & D 1 9 9 8 W a t e r S y s t e m 5, 8 2 7 , 7 1 3 . 2 0 $ 4 4 7 0 . 3 5 9 , 1 8 0 , 0 2 8 . 5 2 $ BE A V E R C R E E K T & D 1 9 9 8 B o o s t e r P u m p s 45 , 6 1 0 . 5 0 $ 4 4 7 0 . 3 5 7 1 , 8 4 7 . 3 4 $ AR R O W H E A D T & D 1 9 9 8 A R R O W H E A D D I S T R I B U T I O N S Y S T E M 1 , 9 2 3 , 0 4 9 . 4 9 $ 4 4 7 0 . 3 5 3 , 0 2 9 , 2 5 8 . 4 0 $ BE R R Y C R E E K T & D 1 9 9 8 B E R R Y C R E E K D I S T R I B U T I O N S Y S T E M 2 , 2 7 5 , 9 9 8 . 5 9 $ 4 4 7 0 . 3 5 3 , 5 8 5 , 2 3 6 . 8 2 $ ED W A R D S T & D 1 9 9 8 W a t e r S y s t e m 2, 9 0 8 , 5 2 6 . 1 0 $ 4 4 7 0 . 3 5 4 , 5 8 1 , 6 1 7 . 4 6 $ ED W A R D S T & D 1 9 9 8 P u m p H o u s e 6, 0 0 0 . 0 0 $ 4 4 7 0 . 3 5 9 , 4 5 1 . 4 2 $ ED W A R D S T & D 1 9 9 8 P Y L E R A N C H - L A K E C R K . R D . 1 7 0 , 4 4 3 . 1 9 $ 4 4 7 0 . 3 5 2 6 8 , 4 8 8 . 3 9 $ AV O N T & D 1 9 9 8 V I L L A M O N T A I N E - A V A N D A L E R D . 5 3 , 8 0 0 . 0 0 $ 4 4 7 0 . 3 5 8 4 , 7 4 7 . 7 4 $ AV O N T & D 1 9 9 8 R I V E R F O R G E - 3 8 1 6 9 H W Y 6 1 1 , 3 6 8 . 7 5 $ 4 4 7 0 . 3 5 1 7 , 9 0 8 . 4 7 $ AV O N T & D 1 9 9 9 A V O N D I S T R I B U T I O N S Y S T E M 5 , 4 1 9 , 2 5 7 . 8 4 $ 4 4 9 8 . 4 5 8 , 4 8 3 , 2 8 9 . 8 0 $ AR R O W H E A D T & D 1 9 9 9 A R R O W H E A D F I L I N G # 1 6 6 5 , 1 1 0 . 0 0 $ 4 4 9 8 . 4 5 1 0 1 , 9 2 3 . 0 0 $ BE A V E R C R E E K T & D 1 9 9 9 S T R A W B E R R Y P A R K 91 2 , 6 8 4 . 6 6 $ 4 4 9 8 . 4 5 1 , 4 2 8 , 7 1 3 . 8 0 $ AV O N T & D 1 9 9 9 B R O O K S I D E ( e a s t s e c . o f m a i n l i n e f h @ A t o v a u l t ) 1 4 9 , 2 8 2 . 5 0 $ 4 4 9 8 . 4 5 2 3 3 , 6 8 6 . 3 7 $ CV C T & D 1 9 9 9 T H E S A N C T U A R Y ( C V C ) 8 6 , 9 6 7 . 4 0 $ 4 4 9 8 . 4 5 1 3 6 , 1 3 8 . 5 0 $ T& D 1 9 9 9 E M E R A L D A C R E S 35 , 8 1 5 . 0 0 $ 4 4 9 8 . 4 5 5 6 , 0 6 4 . 6 9 $ ED W A R D S T & D 1 9 9 9 E D W A R D S V I L L A G E C E N T E R - P A R C E L 9 4 6 , 9 0 9 . 0 0 $ 4 4 9 8 . 4 5 7 3 , 4 3 1 . 2 1 $ ED W A R D S T & D 1 9 9 9 E D W A R D S V I L L A G E C E N T E R - P A R C E L 1 4 4 9 , 3 9 0 . 0 0 $ 4 4 9 8 . 4 5 7 7 , 3 1 4 . 9 6 $ AV O N T & D 1 9 9 9 W I L D R I D G E L O T 7 19 , 0 0 0 . 0 0 $ 4 4 9 8 . 4 5 2 9 , 7 4 2 . 5 4 $ EA G L E - V A I L T & D 1 9 9 9 B A T T L E M O U N T A I N H S E X T E N S I O N 4 8 , 0 0 6 . 0 0 $ 4 4 9 8 . 4 5 7 5 , 1 4 8 . 4 5 $ T& D 1 9 9 9 E L K M E A D O W S 34 , 3 6 0 . 0 0 $ 4 4 9 8 . 4 5 5 3 , 7 8 7 . 0 4 $ BA C H E L O R G U L C H T & D 1 9 9 9 S K Y W A T C H P H A S E 1 - B . G U L C H F I L I N G 3 1 1 1 , 9 2 1 . 3 2 $ 4 4 9 8 . 4 5 1 7 5 , 2 0 1 . 3 0 $ BA C H E L O R G U L C H T & D 1 9 9 9 B A C H E L O R G U L C H F I L I N G 1 & 2 2 , 7 0 7 , 9 6 9 . 0 5 $ 4 4 9 8 . 4 5 4 , 2 3 9 , 0 4 6 . 5 5 $ BA C H E L O R G U L C H T & D 1 9 9 9 B A C H E L O R G U L C H F I L I N G 3 1 , 1 2 6 , 1 1 1 . 8 9 $ 4 4 9 8 . 4 5 1 , 7 6 2 , 8 1 2 . 1 4 $ AV O N T & D 2 0 0 0 M A R K E T S Q U A R E ( V I L L A M O N T A N E ) 5 3 , 8 0 0 . 0 0 $ 4 7 6 6 . 7 4 7 9 , 4 7 8 . 2 3 $ BE R R Y C R E E K T & D 2 0 0 0 L A S V I S T A S - B e r r y C k . 14 9 , 1 6 5 . 0 0 $ 4 7 6 6 . 7 4 2 2 0 , 3 6 0 . 0 5 $ AV O N T & D 2 0 0 0 S W I F T G U L C H P H A S E 2 - A v o n 1 0 2 , 7 7 2 . 0 0 $ 4 7 6 6 . 7 4 1 5 1 , 8 2 4 . 1 1 $ BE A V E R C R E E K T & D 2 0 0 0 O N E B E A V E R C R E E K P L A C E ( e a s t - w e s t l i n e t o t u n n e l ) 2 6 , 7 3 0 . 0 0 $ 4 7 6 6 . 7 4 3 9 , 4 8 7 . 9 8 $ ED W A R D S T & D 2 0 0 0 E D W A R D S M E D I C A L C E N T E R 8 " M A I N L I N E 4 2 , 8 4 9 . 0 0 $ 4 7 6 6 . 7 4 6 3 , 3 0 0 . 4 2 $ ED W A R D S T & D 2 0 0 0 M I L L E R R A N C H / B E R R Y C R E E K S C H O O L 1 4 1 , 3 2 0 . 0 0 $ 4 7 6 6 . 7 4 2 0 8 , 7 7 0 . 7 0 $ BA C H E L O R G U L C H T & D 2 0 0 0 D E E R T R A I L , P H A S E I I - B a c h . G u l c h # 3 2 2 , 0 5 2 . 0 0 $ 4 7 6 6 . 7 4 3 2 , 5 7 7 . 2 1 $ BA C H E L O R G U L C H T & D 2 0 0 0 B U C K H O R N - S m i t h C k . / B a c h . R i d g e # 3 5 1 , 7 3 2 . 0 0 $ 4 7 6 6 . 7 4 7 6 , 4 2 3 . 2 0 $ EA G L E - V A I L T & D 2 0 0 0 E A G L E B E N D P H A S E I I I - E a g l e V a i l 7 , 5 9 0 . 0 0 $ 4 7 6 6 . 7 4 1 1 , 2 1 2 . 6 4 $ BA C H E L O R G U L C H T & D 2 0 0 0 Q U A R T E R M O O N - B a c h . G u l c h # 3 5 1 , 3 8 9 . 0 0 $ 4 7 6 6 . 7 4 7 5 , 9 1 6 . 4 8 $ EA G L E - V A I L T & D 2 0 0 0 E A G L E V A I L I N D U S T R I A L P A R K ( U S H w y 6 E a g l e - V a i l ) 3 8 , 9 5 0 . 0 0 $ 4 7 6 6 . 7 4 5 7 , 5 4 0 . 4 7 $ AR R O W H E A D T & D 2 0 0 1 A r r o w h e a d F i l i n g 1 3 , L o t 2 5 & 2 1 T h e P i n y o n s 9 , 4 0 8 . 6 0 $ 4 6 6 3 . 0 8 1 4 , 2 0 8 . 2 2 $ AR R O W H E A D T & D 2 0 0 1 A r r o w h e a d F i l i n g 1 8 - P h a s e I I 1 1 5 , 9 4 5 . 1 8 $ 4 6 6 3 . 0 8 1 7 5 , 0 9 2 . 3 7 $ AR R O W H E A D T & D 2 0 0 1 A r r o w h e a d V i l l a g e C o r e 38 , 8 3 3 . 1 3 $ 4 6 6 3 . 0 8 5 8 , 6 4 3 . 1 0 $ AR R O W H E A D T & D 2 0 0 1 A r r o w h e a d / C r e s t a R o a d ( T e r r e l l C r e e k ) 9 1 , 2 9 2 . 0 0 $ 4 6 6 3 . 0 8 1 3 7 , 8 6 2 . 8 5 $ BA C H E L O R G U L C H T & D 2 0 0 1 B a c h e l o r G u l c h S k y w a t c h P h a s e 2 1 6 , 1 1 5 . 0 0 $ 4 6 6 3 . 0 8 2 4 , 3 3 5 . 7 6 $ Pa g e 1 o f 4 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X B CO N T R I B U T E D C A P I T A L A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t T y p e D A T E D E S C R I P T I O N O r i g i n a l C o s t ENR Denver Construction Cost IndexReplacement Cost New (RCN) ED W A R D S T & D 2 0 0 1 E d w a r d s S t a t i o n ( T e x a c o ) 5 6 , 2 8 4 . 5 0 $ 4 6 6 3 . 0 8 8 4 , 9 9 6 . 9 5 $ ED W A R D S T & D 2 0 0 1 E d w a r d s - B & B G r a v e l P i t 8 " M a i n 1 9 , 1 7 5 . 0 0 $ 4 6 6 3 . 0 8 2 8 , 9 5 6 . 7 6 $ ED W A R D S T & D 2 0 0 1 E d w a r d s - N e w m a n W a t e r L i n e 3 7 , 8 3 8 . 2 9 $ 4 6 6 3 . 0 8 5 7 , 1 4 0 . 7 6 $ AV O N T & D 2 0 0 1 A v o n - C h a p e l S q u a r e 12 9 , 0 0 0 . 0 0 $ 4 6 6 3 . 0 8 1 9 4 , 8 0 6 . 8 5 $ AR R O W H E A D T & D 2 0 0 1 A r r o w h e a d - K n u d s o n R a n c h 2 8 , 5 3 4 . 2 0 $ 4 6 6 3 . 0 8 4 3 , 0 9 0 . 3 7 $ AR R O W H E A D T & D 2 0 0 1 A r r o w h e a d - C r e s t a P r o j e c t P h a s e s I & 2 1 9 5 , 4 6 6 . 0 0 $ 4 6 6 3 . 0 8 2 9 5 , 1 7 9 . 2 0 $ AV O N T & D 2 0 0 1 A v o n S h e r a t o n M t . V i s t a - A v o n L o t C 4 6 , 0 6 7 . 6 0 $ 4 6 6 3 . 0 8 6 9 , 5 6 8 . 0 9 $ ED W A R D S T & D 2 0 0 1 E d w a r d s - C V C F i l i n g 9 - L e g a c y T r a i l 9 8 , 2 9 3 . 5 0 $ 4 6 6 3 . 0 8 1 4 8 , 4 3 6 . 0 3 $ ED W A R D S T & D 2 0 0 1 E d w a r d s - C V C F i l i n g 8 - F a l l C r e e k 5 5 , 7 0 1 . 8 5 $ 4 6 6 3 . 0 8 8 4 , 1 1 7 . 0 7 $ BA C H E L O R G U L C H T & D 2 0 0 1 B a c h e l o r G u l c h - B e a r P a w L o d g e 4 3 , 8 8 0 . 0 0 $ 4 6 6 3 . 0 8 6 6 , 2 6 4 . 5 3 $ ED W A R D S T & D 2 0 0 1 E d w a r d s - A s p e n G l e n 37 , 4 0 3 . 2 4 $ 4 6 6 3 . 0 8 5 6 , 4 8 3 . 7 8 $ ED W A R D S T & D 2 0 0 1 E d w a r d s P l a z a P h a s e 3 17 , 4 6 4 . 0 0 $ 4 6 6 3 . 0 8 2 6 , 3 7 2 . 9 2 $ BA C H E L O R G U L C H T & D 2 0 0 1 B a c h e l o r G u l c h - D a y B r e a k R i d g e 1 3 0 , 4 3 5 . 0 0 $ 4 6 6 3 . 0 8 1 9 6 , 9 7 3 . 8 9 $ BE R R Y C R E E K T & D 2 0 0 2 B E R R Y C R E E K - W i n s l o w R d L i n e U p g r a d e 1 3 , 3 0 0 . 0 0 $ 4 7 4 4 . 3 0 1 9 , 7 4 0 . 9 0 $ BE R R Y C R E E K T & D 2 0 0 2 B E R R Y C R E E K - E a g l e C o u n t y C h a r t e r A c a d e m y 1 0 8 , 8 3 8 . 0 0 $ 4 7 4 4 . 3 0 1 6 1 , 5 4 5 . 8 5 $ BE A V E R C R E E K T & D 2 0 0 2 B E A V E R C R E E K - O f f e r s o n R d 3 5 , 1 4 0 . 0 0 $ 4 7 4 4 . 3 0 5 2 , 1 5 7 . 5 3 $ ED W A R D S T & D 2 0 0 2 E D W A R D S - E D W F B i k e P a t h W a t e r M a i n 4 8 , 0 0 7 . 7 7 $ 4 7 4 4 . 3 0 7 1 , 2 5 6 . 8 8 $ AR R O W H E A D T & D 2 0 0 2 A R R O W H E A D - M o u n t a i n P r o j e c t 1 , 3 8 0 , 7 5 9 . 4 7 $ 4 7 4 4 . 3 0 2 , 0 4 9 , 4 3 0 . 8 7 $ ED W A R D S T & D 2 0 0 2 E D W A R D S - H o m e s t e a d F i l i n g # 3 , L o t # 3 1 0 , 0 0 0 . 0 0 $ 4 7 4 4 . 3 0 1 4 , 8 4 2 . 7 8 $ ED W A R D S T & D 2 0 0 2 E D W A R D S - R e s t A r e a 77 , 4 7 4 . 0 0 $ 4 7 4 4 . 3 0 1 1 4 , 9 9 2 . 9 5 $ BA C H E L O R G U L C H T & D 2 0 0 2 B A C H E L O R G U L C H - S n o w B e r r y F i l i n g # 3 3 3 , 6 0 7 . 8 0 $ 4 7 4 4 . 3 0 4 9 , 8 8 3 . 3 2 $ ED W A R D S T & D 2 0 0 2 E D W A R D S - T r i n i t y B a p t i s t C h u r c h - S o u t h 4 0 M a i n E x t . 2 6 , 8 5 2 . 0 0 $ 4 7 4 4 . 3 0 3 9 , 8 5 5 . 8 3 $ ED W A R D S T & D 2 0 0 2 E D W A R D S - B r e t t R a n c h ( s o u t h o f U S 6 ) 1 3 3 , 2 8 5 . 7 8 $ 4 7 4 4 . 3 0 1 9 7 , 8 3 3 . 1 5 $ AR R O W H E A D T & D 2 0 0 2 A R R O W H E A D - A l p i n e C l u b F H R e l o c a t e 8 , 9 3 0 . 0 0 $ 4 7 4 4 . 3 0 1 3 , 2 5 4 . 6 0 $ CO R D I L L E R A T & D 2 0 0 2 C O R D I L L E R A - C o r d i l l e r a C l u b C o t t a g e s 7 6 , 4 5 4 . 2 2 $ 4 7 4 4 . 3 0 1 1 3 , 4 7 9 . 3 1 $ AR R O W H E A D T & D 2 0 0 2 A R R O W H E A D - G o l f C o u r s e M a i n t e n a n c e 1 0 , 0 1 1 . 1 2 $ 4 7 4 4 . 3 0 1 4 , 8 5 9 . 2 8 $ AV O N T & D 2 0 0 3 A V O N - M o u n t a i n S t a r L o t 8 7 F H R e l o c a t e 7 , 8 0 0 . 0 0 $ 5 0 1 5 . 4 3 1 0 , 9 5 1 . 5 1 $ BE A V E R C R E E K T & D 2 0 0 3 B E A V E R C R E E K - T a r n e s P h a s e 2 N & S 1 2 " E x t e n s i o n s 2 8 , 4 3 7 . 6 0 $ 5 0 1 5 . 4 3 3 9 , 9 2 7 . 5 0 $ ED W A R D S T & D 2 0 0 3 E D W A R D S - L a k e C r e e k A p a r t m e n t s 2 5 8 , 3 0 6 . 0 0 $ 5 0 1 5 . 4 3 3 6 2 , 6 7 1 . 7 3 $ ED W A R D S T & D 2 0 0 3 E D W A R D S - M i l l e r C r e e k S e c t i o n 3 C u l d e s a c E x t . 2 0 7 , 6 8 7 . 9 0 $ 5 0 1 5 . 4 3 2 9 1 , 6 0 1 . 9 4 $ ED W A R D S T & D 2 0 0 3 E D W A R D S - M e d i c a l C e n t e r P h a s e 2 1 1 8 , 4 1 8 . 0 0 $ 5 0 1 5 . 4 3 1 6 6 , 2 6 3 . 5 1 $ BA C H E L O R G U L C H T & D 2 0 0 3 B A C H E L O R G U L C H - P e a k V i e w f i l i n g # 3 T r a c t Y Y 7 7 , 7 1 0 . 0 0 $ 5 0 1 5 . 4 3 1 0 9 , 1 0 7 . 8 8 $ BA C H E L O R G U L C H T & D 2 0 0 3 B A C H E L O R G U L C H - F i r e l i g h t L o g d e F H f i l i n g # 3 2 , 6 4 0 . 0 0 $ 5 0 1 5 . 4 3 3 , 7 0 6 . 6 6 $ AR R O W H E A D T & D 2 0 0 3 A R R O W H E A D - A r r o w h e a d G o l f C o u r s e M a i n t e n a n c e 1 0 , 0 1 1 . 1 2 $ 5 0 1 5 . 4 3 1 4 , 0 5 6 . 0 0 $ CO R D I L L E R A T & D 2 0 0 3 C O R D I L L E R A E A S T B P S U P G R A D E 7 3 , 1 7 9 . 4 6 $ 5 0 1 5 . 4 3 1 0 2 , 7 4 6 . 8 3 $ ED W A R D S T & D 2 0 0 4 E D W A R D S - S t . C l a r e P h a s e 3 7 2 , 5 0 0 . 0 0 $ 5 4 5 0 . 3 4 9 3 , 6 7 0 . 2 8 $ ED W A R D S T & D 2 0 0 4 E D W A R D S - S t . C l a r e P h a s e 4 1 5 , 8 0 0 . 0 0 $ 5 4 5 0 . 3 4 2 0 , 4 1 3 . 6 6 $ EA G L E - V A I L T & D 2 0 0 4 E A G L E - V A I L - E x c e p t i o n P a r c e l E a g l e - V a i l F i l i n g # 2 , P h a s e 1 4 0 , 5 0 0 . 0 0 $ 5 4 5 0 . 3 4 5 2 , 3 2 6 . 1 5 $ AV O N T & D 2 0 0 4 A V O N - B a r r a n a s 8 " W a t e r M a i n L i n e 2 0 0 , 3 2 1 . 0 0 $ 5 4 5 0 . 3 4 2 5 8 , 8 1 5 . 4 9 $ CO R D I L L E R A T & D 2 0 0 4 C O R D I L L E R A - F i l i n g # 3 7 P h a s e 2 B M a r t i n g a l e ( C a s t l e P k L n ) 2 3 0 , 3 5 5 . 8 2 $ 5 4 5 0 . 3 4 2 9 7 , 6 2 0 . 6 0 $ Pa g e 2 o f 4 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X B CO N T R I B U T E D C A P I T A L A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t T y p e D A T E D E S C R I P T I O N O r i g i n a l C o s t ENR Denver Construction Cost IndexReplacement Cost New (RCN) AV O N T & D 2 0 0 4 A V O N - P e t r o H u t 4 " S e r v i c e & F H & F H R e l o c a t e 7 , 2 6 1 . 0 0 $ 5 4 5 0 . 3 4 9 , 3 8 1 . 2 4 $ ED W A R D S T & D 2 0 0 4 E D W A R D S - E d w a r d s C o r n e r 2 3 , 5 0 0 . 0 0 $ 5 4 5 0 . 3 4 3 0 , 3 6 2 . 0 9 $ CO R D I L L E R A T & D 2 0 0 4 C O R D I L L E R A - A l l W a t e r L i n e s i n S y s t e m p e r 3 / 2 5 / 0 4 a g r e e m e n t 3 3 , 5 2 9 , 2 5 2 . 0 0 $ 5 4 5 0 . 3 4 4 3 , 3 1 9 , 9 2 1 . 0 5 $ BE A V E R C R E E K T & D 2 0 0 5 B E A V E R C R E E K - C h a i r 6 W a t e r M a i n R e l o c a t i o n 1 6 , 0 1 8 . 0 0 $ 5 5 5 1 . 5 5 2 0 , 3 1 8 . 0 2 $ AR R O W H E A D T & D 2 0 0 5 A R R O W H E A D M T N . - T r a i l s i d e P h a s e I W a t e r L i n e 4 7 , 7 4 3 . 7 8 $ 5 5 5 1 . 5 5 6 0 , 5 6 0 . 5 7 $ ED W A R D S T & D 2 0 0 5 E D W A R D S - E d w a r d s S t a t i o n F i r e H y d r a n t R e l o c a t e 3 , 5 0 0 . 0 0 $ 5 5 5 1 . 5 5 4 , 4 3 9 . 5 7 $ AR R O W H E A D T & D 2 0 0 5 A R R O W H E A D - V i l l a g e T o w n h o m e s I I W a t e r L i n e s A & B 6 9 , 9 7 0 . 0 0 $ 5 5 5 1 . 5 5 8 8 , 7 5 3 . 4 0 $ ED W A R D S T & D 2 0 0 5 E D W A R D S - M i l l e r R a n c h R o a d W a t e r L i n e E x t e n s i o n 1 8 , 7 0 0 . 0 0 $ 5 5 5 1 . 5 5 2 3 , 7 2 0 . 0 0 $ ED W A R D S T & D 2 0 0 5 E D W A R D S - B r e t t R a n c h V i l l a s A r e a A W a t e r L i n e 1 6 7 , 5 6 6 . 0 0 $ 5 5 5 1 . 5 5 2 1 2 , 5 4 8 . 9 8 $ AR R O W H E A D T & D 2 0 0 5 A R R O W H E A D - R i v e r R a n c h R o a d 8 " W a t e r L i n e ( D o n . P a r c e l ) 1 0 2 , 2 0 7 . 0 0 $ 5 5 5 1 . 5 5 1 2 9 , 6 4 4 . 4 0 $ ED W A R D S T & D 2 0 0 5 E D W A R D S - R i v e r P i n e s , H w y . 6 W a t e r L i n e 3 0 , 5 0 0 . 0 0 $ 5 5 5 1 . 5 5 3 8 , 6 8 7 . 7 1 $ AV O N T & D 2 0 0 6 W I L D R I D G E - W e s t e r n S a g e O l d A b a n d o n 5 " f r o m E x i s t i n g 8 " G V t o N e w G V 3 8 , 1 4 3 . 0 0 $ 5 7 1 4 . 3 0 4 7 , 0 0 4 . 4 7 $ AR R O W H E A D T & D 2 0 0 6 A R R O W H E A D - M c C o y S p r i n g s 8 " W a t e r U p t o L o t s 1 - 4 5 1 , 1 2 5 . 0 0 $ 5 7 1 4 . 3 0 6 3 , 0 0 2 . 4 8 $ ED W A R D S T & D 2 0 0 6 E D W A R D S - M i l l e r R a n c h F i l i n g s 2 & 3 2 1 3 , 7 8 0 . 0 0 $ 5 7 1 4 . 3 0 2 6 3 , 4 4 5 . 8 9 $ ED W A R D S T & D 2 0 0 6 E D W A R D S - B e r r y C k . H o u s i n g 1 2 " W a t e r P l u s L a t e r a l s P h a s e I 3 3 3 , 9 8 5 . 9 5 $ 5 7 1 4 . 3 0 4 1 1 , 5 7 8 . 3 7 $ AV O N T & D 2 0 0 7 A V O N - B u f f a l o R i d g e H o u s i n g C o m p l e x , W a t e r M a i n 2 0 2 , 6 2 3 . 0 0 $ 5 7 4 6 . 9 6 2 4 8 , 2 7 7 . 8 4 $ ED W A R D S T & D 2 0 0 7 E D W A R D S - H e r i t a g e P a r k D e v e l o p m e n t W a t e r M a i n 1 3 5 , 2 6 1 . 4 8 $ 5 7 4 6 . 9 6 1 6 5 , 7 3 8 . 4 8 $ BA C H E L O R G U L C H T & D 2 0 0 7 B A C H E L O R G U L C H - H u m m i n g b i r d P r o j e c t , W a t e r M a i n 2 9 , 4 0 0 . 0 0 $ 5 7 4 6 . 9 6 3 6 , 0 2 4 . 3 8 $ AV O N T & D 2 0 0 7 W I L D R I D G E - D r y C r e e k P U D - W a t e r M a i n 3 5 , 6 1 5 . 2 8 $ 5 7 4 6 . 9 6 4 3 , 6 4 0 . 0 8 $ BE A V E R C R E E K T & D 2 0 0 7 B E A V E R C R E E K - V i l l a g e W a l k , W a t e r M a i n 1 8 2 , 0 8 5 . 0 0 $ 5 7 4 6 . 9 6 2 2 3 , 1 1 2 . 2 3 $ ED W A R D S T & D 2 0 0 7 E D W A R D S - R i v e r s t o n e , W a t e r M a i n 1 0 3 , 9 4 0 . 1 6 $ 5 7 4 6 . 9 6 1 2 7 , 3 5 9 . 8 7 $ ED W A R D S T & D 2 0 0 8 E D W A R D S - B e r r y C k . M i d d l e S c h o o l W a t e r M a i n E x t e n s i o n 5 2 , 7 8 7 . 0 0 $ 5 9 3 5 . 7 4 6 2 , 6 2 3 . 8 1 $ ED W A R D S T & D 2 0 0 8 E D W A R D S - M i l l e r R a n c h , T r a c t C , T h e P o n d W a t e r M a i n R e l o c a t i o n 4 4 , 5 0 0 . 0 0 $ 5 9 3 5 . 7 4 5 2 , 7 9 2 . 5 4 $ ED W A R D S T & D 2 0 0 8 E D W A R D S - M i l l e r R a n c h , T r a c t C , B e r r y C r e e k 5 t h , 8 " t o 1 0 " W a t e r M a i n 1 2 6 , 8 4 5 . 0 0 $ 5 9 3 5 . 7 4 1 5 0 , 4 8 2 . 4 6 $ ED W A R D S T & D 2 0 0 8 E D W A R D S - S o u t h F o r k M e a d o w s - H w y 6 5 4 , 3 0 0 . 0 0 $ 5 9 3 5 . 7 4 6 4 , 4 1 8 . 7 6 $ AV O N T & D 2 0 0 9 A V O N - L a k e S t r e e t P u b l i c I m p r o v e m e n t s 9 6 , 4 6 4 . 6 3 $ 6 3 4 3 . 1 9 1 0 7 , 0 8 9 . 7 2 $ AV O N T & D 2 0 0 9 A V O N - R i v e r f r o n t 51 6 , 2 0 6 . 5 5 $ 6 3 4 3 . 1 9 5 7 3 , 0 6 4 . 0 7 $ BA C H E L O R G U L C H T & D 2 0 0 9 B A C H E L O R G U L C H - B e a v e r C r e e k L a n d i n g , L o t 4 , T r a c t B , B a c h e l o r G u l c h 8 , 9 0 0 . 0 0 $ 6 3 4 3 . 1 9 9 , 8 8 0 . 2 9 $ BA C H E L O R G U L C H T & D 2 0 0 9 B A C H E L O R G U L C H - B M G D O p e r a t i o n s F a c i l i t y , 1 0 " L i n e O n l y p l u s F H 1 5 , 5 3 0 . 0 0 $ 6 3 4 3 . 1 9 1 7 , 2 4 0 . 5 5 $ BE A V E R C R E E K T & D 2 0 0 9 B E A V E R C R E E K - B e a v e r C r e e k L a n d i n g 1 2 " W a t e r L i n e 8 , 9 0 0 . 0 0 $ 6 3 4 3 . 1 9 9 , 8 8 0 . 2 9 $ ED W A R D S T & D 2 0 0 9 E D W A R D S - R e l i g i o u s F o u n d a t i o n C h u r c h S i t e , 1 2 " W a t e r M a i n R e l o c a t e 4 8 , 5 6 6 . 8 9 $ 6 3 4 3 . 1 9 5 3 , 9 1 6 . 2 9 $ ED W A R D S T & D 2 0 0 9 E D W A R D S - F o x H o l l o w P h a s e I E d w a r d s D e s i g n & C r a f t C e n t e r 8 9 , 4 1 5 . 0 4 $ 6 3 4 3 . 1 9 9 9 , 2 6 3 . 6 5 $ ED W A R D S T & D 2 0 1 0 E D W A R D S - V a i l C h r i s t i a n H i g h S c h o o l 2 0 6 , 1 0 3 . 0 0 $ 6 3 9 7 . 1 5 2 2 6 , 8 7 4 . 2 3 $ ED W A R D S T & D 2 0 1 0 E D W A R D S - E d w a r d s F i e l d H o u s e F H R e l o c a t e 4 , 6 7 3 . 2 5 $ 6 3 9 7 . 1 5 5 , 1 4 4 . 2 2 $ ED W A R D S T & D 2 0 1 0 E D W A R D S - T h e H o m e s t e a d V a l l e y L o t 4 , F i l i n g N o . 3 4 0 , 9 0 0 . 0 0 $ 6 3 9 7 . 1 5 4 5 , 0 2 1 . 9 4 $ AR R O W H E A D T & D 2 0 1 0 A R R O W H E A D - O n e A r r o w h e a d P l a c e F H & 8 " D i p W t r L i n e 1 8 , 9 0 0 . 0 0 $ 6 3 9 7 . 1 5 2 0 , 8 0 4 . 7 6 $ AV O N T & D 2 0 1 0 A V O N - B e a v e r C r e e k G a t e h o u s e , 2 n d s e c t i o n f r o m 8 X 8 X 8 T e e t o F H 5 4 , 8 2 0 . 0 0 $ 6 3 9 7 . 1 5 6 0 , 3 4 4 . 8 0 $ AR R O W H E A D T & D 2 0 1 1 A R R O W H E A D - M c C o y C r e e k C a b i n s 1 4 9 , 0 9 9 . 0 0 $ 6 8 8 6 . 5 3 1 5 2 , 4 6 2 . 0 2 $ BA C H E L O R G U L C H T & D 2 0 1 2 B A C H E L O R G U L C H - W t r m a i n e x t e n s i o n t o l o t s 1 0 7 & 1 0 8 8 " l i n e s f r o m s k i w a y e n d 4 4 , 0 3 6 . 0 0 $ 6 9 7 9 . 2 5 4 4 , 4 3 1 . 0 4 $ BA C H E L O R G U L C H T & D 2 0 1 2 B A C H E L O R G U L C H - W t r m a i n e x t e n s i o n t o l o t s 1 0 7 & 1 0 8 1 2 " w a t e r D i p 2 1 , 3 8 7 . 0 0 $ 6 9 7 9 . 2 5 2 1 , 5 7 8 . 8 6 $ Pa g e 3 o f 4 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X B CO N T R I B U T E D C A P I T A L A S S E T S DE C E M B E R 3 1 , 2 0 1 4 Ar e a A s s e t T y p e D A T E D E S C R I P T I O N O r i g i n a l C o s t ENR Denver Construction Cost IndexReplacement Cost New (RCN) BE A V E R C R E E K T & D 2 0 1 2 B E A V E R C R E E K - B e a v e r C k L a n d i n g W a t e r L i n e A 2 3 5 , 7 7 1 . 0 0 $ 6 9 7 9 . 2 5 2 3 7 , 8 8 6 . 0 7 $ BE A V E R C R E E K T & D 2 0 1 2 B E A V E R C R E E K - T h e R a n c h B e a v e r C k S k i S c h o o l W t r S e r v i c e 5 5 , 1 6 9 . 0 0 $ 6 9 7 9 . 2 5 5 5 , 6 6 3 . 9 1 $ CO R D I L L E R A T r e a t e d S t o r a g e 2 0 0 4 4 0 0 , 0 0 0 G a l l o n T a n k , b u i l t 1 9 9 5 1 , 0 1 7 , 2 7 9 . 0 0 $ 5 4 5 0 . 3 4 1 , 3 1 4 , 3 2 8 . 3 4 $ CO R D I L L E R A T r e a t e d S t o r a g e 2 0 0 4 5 0 0 , 0 0 0 G a l l o n T a n k , b u i l t 1 9 9 0 1 , 1 1 7 , 4 0 8 . 0 0 $ 5 4 5 0 . 3 4 1 , 4 4 3 , 6 9 5 . 3 8 $ CO R D I L L E R A T r e a t e d S t o r a g e 2 0 0 4 U p p e r S u m m i t B o o s t e r P u m p & 2 5 , 0 0 0 T a n k , b u i l t 2 0 0 0 1 , 0 5 2 , 2 0 8 . 0 0 $ 5 4 5 0 . 3 4 1 , 3 5 9 , 4 5 6 . 7 4 $ CO R D I L L E R A T r e a t e d S t o r a g e 2 0 0 4 L o w e r S u m m i t B o o s t e r P u m p & 2 5 0 , 0 0 0 T a n k , b u i l t 1 9 9 9 1 , 0 4 5 , 5 4 7 . 0 0 $ 5 4 5 0 . 3 4 1 , 3 5 0 , 8 5 0 . 7 0 $ CO R D I L L E R A T r e a t e d S t o r a g e 2 0 0 4 M i r a d o r R i d g e 2 6 6 , 0 0 0 G a l l o n W a t e r T a n k , b u i l t 1 9 9 5 3 9 2 , 7 1 7 . 0 0 $ 5 4 5 0 . 3 4 5 0 7 , 3 9 1 . 8 6 $ CO R D I L L E R A T r e a t e d S t o r a g e 2 0 0 4 M i r a d o r R i d g e 2 6 6 , 0 0 0 G a l l o n W a t e r T a n k , b u i l t 1 9 9 5 3 9 2 , 7 1 7 . 0 0 $ 5 4 5 0 . 3 4 5 0 7 , 3 9 1 . 8 6 $ CO R D I L L E R A S u p p l y 2 0 0 4 F e n n o B o o s t e r P u m p S t a t i o n , b u i l t 1 9 9 0 1 9 5 , 3 7 5 . 0 0 $ 5 4 5 0 . 3 4 2 5 2 , 4 2 5 . 2 4 $ CO R D I L L E R A S u p p l y 2 0 0 4 P u m p S t a t i o n : N E I n t e r c o n n e c t B o o s t e r , b u i l t 1 9 9 6 2 4 , 9 4 3 . 0 0 $ 5 4 5 0 . 3 4 3 2 , 2 2 6 . 4 5 $ CO R D I L L E R A S u p p l y 2 0 0 4 C h l o r i n a t i o n - E l k S p r i n g s , b u i l t 1 9 9 5 1 6 9 , 1 2 6 . 0 0 $ 5 4 5 0 . 3 4 2 1 8 , 5 1 1 . 4 3 $ CO R D I L L E R A S u p p l y 2 0 0 4 S e t t l e r s L o o p B o o s t e r P u m p , b u i l t 1 9 9 9 2 0 9 , 3 0 5 . 0 0 $ 5 4 5 0 . 3 4 2 7 0 , 4 2 2 . 8 6 $ CO R D I L L E R A S u p p l y 2 0 0 4 B o o s t e r P u m p S t a t i o n / C a s t e e l R i d g e , b u i l t 1 9 9 0 2 1 7 , 2 1 4 . 0 0 $ 5 4 5 0 . 3 4 2 8 0 , 6 4 1 . 3 1 $ CO R D I L L E R A S u p p l y 2 0 0 4 S u m m i t U p p e r P h a s e f o r # 6 , b u i l t 1 9 9 0 2 5 8 , 6 2 1 . 0 0 $ 5 4 5 0 . 3 4 3 3 4 , 1 3 9 . 3 2 $ CO R D I L L E R A S u p p l y 2 0 0 4 7 R a n c h W e l l s 74 7 , 2 3 7 . 4 0 $ 5 4 5 0 . 3 4 9 6 5 , 4 3 3 . 5 6 $ TO T A L 74 , 9 8 5 , 0 8 0 . 0 4 $ 1 0 4 , 4 4 4 , 7 2 4 . 3 4 $ Pa g e 4 o f 4 Appendix C Appraisal of the Water Rights of the Upper Eagle Regional Water Authority Porzak Browning & Bushong LLP A t t o r n e y s • a t • L a w 2120 13th Street, Boulder, CO 80302 303 443-6800 Fax 303 443-6864 APPRAISAL OF THE WATER RIGHTS OF THE UPPER EAGLE REGIONAL WATER AUTHORITY December 31, 2014 Water Right Quantity (a.f.) Price per a.f. Appraisal Value Eagle Park Reservoir 579 $25,000 $14,475,000 Homestake Reservoir 256.5 $25,000 $6,412,500 Black Lakes Lease 200 0 0 Green Mtn. Res. contract 548 $1,000 $548,000 Wolford Mtn. Res. contract 710.8 $3,280 $2,331,424 In-basin consumptive use 2,109.204 $7,900 $16,662,711 Beaver Creek (summer) 215 $7,900 $1,698,500 Beaver Creek (winter) 17 $25,000 $425,000 TOTAL $42,553,135 Eagle Park Reservoir The value of Eagle Park Reservoir is based on the Authority’s dedication replacement cost of $25,000 per acre-foot for non-irrigation season in-basin storage. That replacement cost is established by the Authority’s water dedication policy, which is the basis by which water service is approved for and provided to all new development in the Authority’s service area. Homestake Reservoir The value of Homestake Reservoir storage is based on the Authority’s dedication replacement cost of $25,000 per acre-foot for non-irrigation season in-basin storage. That replacement cost is established by the Authority’s water dedication policy, which is the basis by which water service is approved for and provided to all new development in the Authority’s service area. Green Mountain Reservoir The Authority owns water related contracts in connection with Green Mountain Reservoir (548 a.f.). Contract 9-07-60-W0413: This contract was executed on July 17, 1989, for 220 acre-feet per year. The annual lease payment is $10 per acre-foot, which can be adjusted to cover operation and maintenance costs if such costs exceed $10 per acre-foot. This lease is for a term of 40 years (expires July 16, 2029), with an option to renew for an additional 40 years. By virtue of an assignment from Kensington Partners, Squaw Creek Metropolitan District, and Cordillera Metropolitan District of 255 acre-feet of water annually from Kensington Partner's Green Mountain Reservoir Contract No. 4-07-60-W1015, the Bureau is amending the Authority's Contract 9-07-60-W0413 to include this assigned amount, resulting in a total of 475 acre-feet under this contract. All of the terms of the Authority's Contract 9-07-60W0413 will apply to the entire 475 acre-feet of water per year. 72124 Contract 9-07-60-W0401: This contract was executed by Kensington Partners on January 11, 1989, for 25 acre-feet per year, and it was amended on October 25, 1989, to include an additional 48 acre-feet per year, for a total of 73 acre-feet of water per year. The annual lease payment is $10 per acre-foot, which can be adjusted to cover operation and maintenance costs if such costs exceed $10 per acre-foot. This lease is for a term of 40 years (expires January 10, 2029), with an option to renew for an additional 40 years. Kensington Partners assigned this contract to Squaw Creek Metropolitan District and Cordillera Metropolitan District, and they assigned it to the Authority on March 25, 2004. The Bureau approved the assignment to the Authority effective October 4, 2010. Green Mountain Reservoir contract water value is based on the fact that Green Mountain Reservoir is a finite pool, that there are no new contracts being let by the U.S. Bureau of Reclamation for this pool, but also reflecting its lower value compared with Wolford Mountain Reservoir contract water due to less reliability and transfer issues with the Bureau. The term of the Green Mountain Reservoir contract is also less than the term of the Wolford Mountain Reservoir contract. Wolford Mountain Reservoir The Authority owns water related contracts in connection with Wolford Mountain Reservoir (710.8 a.f.). Contract CW08011: This contract was executed on February 10, 2009, for 500 acre-feet per year. The base price was $260.25 per acre-foot for the first year, and annual contract payments are $260.25 per acre-foot, but they can be increase each year up to the amount of increase in the Consumer Price Index plus New Growth Index. It is for an initial term of 75 years (expiring February 9, 2084), with a right of first refusal at the end of the initial term on the same terms at which the River District is offering similar supplies to other municipal water providers. Contract CW02020: This contract was executed by the Squaw Creek Metropolitan District on December 13, 2002, and it was assigned from Squaw Creek Metropolitan District to the Authority on June 4, 2004. It is for 200 acre-feet per year, and the initial cost was $105.00 per acre-foot, with an annual lease payment of $105.00 per acre-foot, which can be increased each year up to the increase in the Boulder-Denver Metro Area Consumer Price Index. It is for an initial term of 40 years (expiring December 12, 2042), with a right to renew for an additional 35 years. Contract CW03005: This contract was executed by Traer Creek Metropolitan District on February 3, 2003, and it was assigned from Traer Creek Metropolitan District to the Authority on April 16, 2003. It is for 10.8 acre-feet per year, with an initial cost of $750.00 per acre-foot. The annual lease payment is $20.00 per acre-foot, which can be adjusted every five (5) years based on the cumulative in the Boulder-Denver Metro Area Consumer Price Index. It is for an initial term of 40 years (expires February 2, 2043), with a right to renew for an additional 35 years. 72124 Wolford Mountain Reservoir contract water value is based on a ten (10) year cost at $328 per acre-foot per year, or a total of $3,280 per acre-foot. A ten year lease cost is an approximation of the purchase value of this water. In-Basin Consumptive Use The Authority owns or has a perpetual contractual right to in-basin consumptive use water rights (693.65 a.f.). In-basin consumptive use credits are valued at the Authority’s dedication replacement cost of $7,900 per acre-foot of irrigation season water. This replacement cost is established by the Authority’s water dedication policy, which is the basis by which water service is approved for and provided to all new development in the Authority’s service area. In-Basin Consumptive Use – Perpetual Lease The Authority has leased in-basin consumptive use water rights (1,415.554 a.f.) from its members. This does not include the 276.9 af leased to the Authority and committed to the fill of Eagle Park Reservoir. The essential terms of the leases are that the members lease these water rights at no cost to the Authority for so long as the Authority exists and provides water service to these members. In-basin consumptive use credits are valued at the Authority’s dedication replacement cost of $7,900 per acre-foot of irrigation season water. This replacement cost is established by the Authority’s water dedication policy, which is the basis by which water service is approved for and provided to all new development in the Authority’s service area. Beaver Creek The Authority has leased water rights (232 a.f.) from Beaver Creek. The essential term of the lease is that the members lease these water rights at no cost to the Authority for so long as the Authority exists and provides water service to these members. The Beaver Creek direct flow summer rights are valued at the Authority’s dedication replacement cost of $7,900 per acre foot of irrigation season water, and the Beaver Creek direct flow winter rights are valued at the Authority’s dedication replacement cost of $25,000 per acre foot of non-irrigation season water. These replacement costs are established by the Authority’s water dedication policy, which is the basis by which water service is approved for and provided to all new development in the Authority’s service area. 72124 Appendix D Work-in-Progress UERWA PLANT INVESTMENT FEE UPDATE - APPENDIX D WORK-IN-PROGRESS DECEMBER 31, 2014 ACCOUNT NUMBER - DESCRIPTIONCATEGORY TOTAL ESTIMATED COST 20-1-2-00-00-220- - - - CRP-ADWF Spare Parts Stock Treatment-$ 20-1-2-00-00-224- - - - CRP-ADWF Office Space & Server Room/Additions Treatment-$ 20-1-2-00-00-230- - - - CRP-ADWF Lifecycle Improvements AllowanceTreatment-$ 20-1-2-00-00-307- - - - CRP-Cordillera Well Winterize and ImproveSupply-$ 20-1-2-00-00-314- - - - CRP-BPS & Tank LC AllowanceSupply-$ 20-1-2-00-00-318- - - - CRP-BPS Interior Painting AllowanceSupply-$ 20-1-2-00-00-319- - - - CRP-Telemetry System Lifecycle AllowanceT&D-$ 20-1-2-00-00-437- - - - Berry Creek New Well House & Well #3Supply-$ 20-1-2-00-00-481- - - - ADWF Chemical Optimization StudyTreatment-$ 20-1-2-00-00-500- - - - General Capital StudiesGeneral-$ 20-1-2-00-00-533- - - - BPS Flood Mitigation ImprovementsSupply-$ 20-1-2-00-00-998- - - - CRP-Treatment Facility Improvement AllowanceTreatment-$ 20-1-2-00-00-423- - - - Arrowhead Mtn. PRV/Check ValveT&D70,617.50$ 20-1-2-00-00-444- - - - Edwards Transmission MainT&D3,806,712.57$ 20-1-2-00-00-467- - - - Cord. Territoies Backflow Prev. Non-Potable Sys.T&D70,000.00$ 20-1-2-00-00-479- - - - Beaver Ck Bridge Water Line RelocationT&D300,000.00$ 20-1-2-00-00-494- - - - Transmission Imprv. E.Miller Ranch MPU E9T&D850,000.00$ 20-1-2-00-00-238- - - - CRP-ADWF Metcalf DitchTreatment63,277.00$ 20-1-2-00-00-322- - - - CRP-PRV RehabT&D130,000.00$ 20-1-2-00-00-323- - - - CRP-Water Main Line Valve Replacement ProgramT&D390,000.00$ 20-1-2-00-00-324- - - - CRP-Grenada Glen Water Main ReplacementT&D260,000.00$ 20-1-2-00-00-999- - - - CRP-Water Main Capital Replacement ProgramT&D1,250,000.00$ 20-1-2-00-00-325- - - - CRP-Safety/SecurityTreatment13,500.00$ 20-1-2-00-00-995- - - - Capitalized InterestGeneral57,631.17$ 20-1-2-00-00-900- - - - CRP-Capitalized Construction ManagementGeneral1,756,858.21$ 20-1-2-00-00-006- - - - Mtn. Star Water System DesignT&D878,407.11$ 20-1-2-00-00-007- - - - Traer Creek TankTreated Storage311,585.10$ 20-1-2-00-00-027- - - - Bachelor Gulch BPS DesignSupply70,000.00$ 20-1-2-00-00-399- - - - Cordillera East 1 Valve ReplacementT&D15,712.00$ 20-1-2-00-00-402- - - - EDWF Hydroscreen DesignTreatment94,661.37$ 20-1-2-00-00-403- - - - Cordillera Well House ExpansionSupply1,337,000.00$ 20-1-2-00-00-404- - - - ADWF Ozone Disinfection CreditTreatment123,821.98$ 20-1-2-00-00-411- - - - Avon Low to High Zone ConnectionT&D708,380.32$ 20-1-2-00-00-442- - - - ADWF As-built UpdateTreatment5,000.00$ 20-1-2-00-00-443- - - - ADWF Instrumentation for AutomationTreatment93,989.95$ 20-1-2-00-00-452- - - - Tank Overflow ValvesTreated Storage50,000.00$ 20-1-2-00-00-457- - - - Drought and Wildfire MitigationGeneral52,325.00$ 20-1-2-00-00-458- - - - Cresta Road BPS StrainerSupply28,000.00$ 20-1-2-00-00-460- - - - ADWF Hydroscreen DesignTreatment104,965.63$ 20-1-2-00-00-461- - - - ADWF Filter Optimization DesignTreatment87,312.53$ 20-1-2-00-00-462- - - - ADWF High Zone Production Imp.-Design A13Treatment794,500.00$ 20-1-2-00-00-464- - - - ADWF Clearwell Recovery LineTreatment67,026.00$ 20-1-2-00-00-468- - - - BPS Pump Mechanical SealsSupply-$ Page 1 of 2 20-1-2-00-00-469- - - - RTU System UpgradeT&D3,965,250.00$ 20-1-2-00-00-470- - - - PSI Transmitters for BPS'sSupply30,443.62$ 20-1-2-00-00-477- - - - Well ImprovementsSupply4,283.47$ 20-1-2-00-00-482- - - - Edwards BPS-Gold Dust (E20)Supply415,000.00$ 20-1-2-00-00-483- - - - ADWF Clearwell WeirsTreatment50,000.00$ 20-1-2-00-00-486- - - - Fluoride ProjectTreatment56,570.00$ 20-1-2-00-00-487- - - - ADWF Redundant Ozone Air CompressorTreatment36,434.00$ 20-1-2-00-00-488- - - - ADWF Redundant Ozone System PartsTreatment22,000.00$ 20-1-2-00-00-489- - - - EDWF Clearwell HatchesTreatment36,300.00$ 20-1-2-00-00-490- - - - Cordillera West Tank #3 Auto Flushing HydrantsT&D71,060.00$ 20-1-2-00-00-491- - - - Cordillera Winchester Trail Auto Flushing HydrantT&D35,750.00$ 20-1-2-00-00-492- - - - CMMS-Proficy Workflow PilotTreatment195,487.00$ 20-1-2-00-00-493- - - - SCADA Intrusion Detection SystemTreated Storage72,645.00$ 20-1-2-00-00-495- - - - Beaver Creek Peregrine BPSSupply45,000.00$ 20-1-2-00-00-532- - - - Lake Creek Well DevelopmentSupply5,051,091.00$ 20-1-2-00-00-204- - - - CRP-Sample Stations InstallationT&D-$ 20-1-2-00-00-223- - - - CRP-ADWF Repl. Filter Valves & Gallery WiringTreatment199,964.71$ 20-1-2-00-00-228- - - - CRP-ADWF HVAC Improvements ProjectTreatment103,923.60$ 20-1-2-00-00-231- - - - CRP-ADWF SCADA StandardizationTreatment116,136.00$ 20-1-2-00-00-232- - - - CRP-ADWF Treatment Improvements Projects (2013)Treatment480,161.55$ 20-1-2-00-00-236- - - - CRP-ADWF MCC #3 BreakerTreatment14,775.00$ 20-1-2-00-00-237- - - - CRP-ADWF Paint Basin FloorTreatment30,000.00$ 20-1-2-00-00-239- - - - CRP-ADWF Chlortec Dialectrics ReplacementTreatment46,200.00$ 20-1-2-00-00-240- - - - CRP-ADWF Replacement ServersTreatment20,000.00$ 20-1-2-00-00-251- - - - CRP-EDWF Membrane ReplacementTreatment507,000.00$ 20-1-2-00-00-256- - - - CRP-EDWF SCADA StandardizationTreatment137,538.00$ 20-1-2-00-00-257- - - - CRP-EDWF Turbidity AnalyzersTreatment1,456.56$ 20-1-2-00-00-258- - - - CRP-EDWF Raw Water Pumps ReplacementTreatment59,400.00$ 20-1-2-00-00-303- - - - CRP-All Facilities Spare Parts StockTreatment90,000.00$ 20-1-2-00-00-317- - - - BC Tank Interior Paint & MixingTreated Storage515,999.85$ 20-1-2-00-00-326- - - - Cordillera F6 Well UpgradeSupply43,217.00$ 20-1-2-00-00-350- - - - CRP-E-V Tanks Rehab FeasibilityTreated Storage120,064.00$ TOTAL:26,414,433.80$ Note: Highlighted cells indicate Master Plan Projects Total Estimated Work-In- Progrees ($) 1,866,814.38$ 7,024,035.09$ 12,801,889.50$ 1,070,293.95$ 3,651,400.88$ 26,414,433.80$ TOTAL Work-in-Progress by Asset Category General Supply T&D Treated Storage Treatment Page 2 of 2 Appendix E Master Plan Recommended Projects UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X E MA S T E R P L A N R E C O M M E N D E D P R O J E C T S DE C E M B E R 3 1 , 2 0 1 4 Ma s t e r Pl a n No . P r o j e c t T y p e 20 0 9 Es t i m a t e d Co s t of Im p r o v e m e n t s 1 EN R De n v e r Co n s t r u c t i o n Co s t In d e x R C N 2 Pr o j e c t Cl a s s i f i c a t i o n To t a l Sy s t e m Be t t e r m e n t s To t a l Ca p a c i t y Ex p a n s i o n s N o t e s A1 BP S up g r a d e ‐ BG 5 T& D ‐ $ 63 4 3 . 1 9 ‐ $ Co m p l e t e d ‐ $ ‐ $ A2 BP S & PR V up g r a d e ‐ BG 2 T& D 4 2 0 , 0 0 0 $ 63 4 3 . 1 9 4 6 6 , 2 6 3 $ Im p r o v e m e n t 4 6 6 , 2 6 2 . 8 4 $ ‐ $ A3 Ne w 0. 4 0 ‐MG ta n k ‐ MS Re d Tr e a t e d St o r a g e 1 , 3 4 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 4 8 7 , 6 0 0 $ Im p r o v e m e n t 1 , 4 8 7 , 6 0 0 . 5 0 $ ‐ $ A4 Ne w 0. 2 5 ‐MG ta n k ‐ Av o n 3 Tr e a t e d St o r a g e 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ A5 Ne w 0. 2 5 ‐MG ta n k ‐ BG 4 Tr e a t e d St o r a g e 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ A5 . A BP S Up g r a d e ‐ BG 4 T& D 4 2 0 , 0 0 0 $ 63 4 3 . 1 9 4 6 6 , 2 6 3 $ Im p r o v e m e n t 4 6 6 , 2 6 2 . 8 4 $ ‐ $ A6 Ne w BP S at AD W F ‐ Lo w Zo n e to Hi g h Zo n e Su p p l y 5 5 0 , 0 0 0 $ 63 4 3 . 1 9 6 1 0 , 5 8 2 $ Im p r o v e m e n t 6 1 0 , 5 8 2 . 2 9 $ ‐ $ A7 Ne w PR V ‐ Pa i n t b r u s h (M S Re d / G r e e n ) T& D 3 1 0 , 0 0 0 $ 63 4 3 . 1 9 3 4 4 , 1 4 6 $ Im p r o v e m e n t 3 4 4 , 1 4 6 . 3 8 $ ‐ $ A8 Ne w PR V ‐ Be n c h m a r k (A v o n 1) T& D 3 4 0 , 0 0 0 $ 63 4 3 . 1 9 3 7 7 , 4 5 1 $ Im p r o v e m e n t 3 7 7 , 4 5 0 . 8 7 $ ‐ $ A9 Ne w PR V (w / p i p i n g ) – Mt n . Sa g e (M S Bl u e / Y e l l o w ) T& D 6 0 0 , 0 0 0 $ 63 4 3 . 1 9 6 6 6 , 0 9 0 $ Im p r o v e m e n t 6 6 6 , 0 8 9 . 7 8 $ ‐ $ A1 0 Ne w PR V ‐ Be a v e r Cr e e k Dr i v e (B e a v e Cr e e k 3/ A v o n 1) T& D 1 5 5 , 0 0 0 $ 63 4 3 . 1 9 1 7 2 , 0 7 3 $ Im p r o v e m e n t 1 7 2 , 0 7 3 . 1 9 $ ‐ $ A1 1 Tr a n s . up g r a d e ‐ MS Re d T& D 5 5 0 , 0 0 0 $ 63 4 3 . 1 9 6 1 0 , 5 8 2 $ Im p r o v e m e n t 6 1 0 , 5 8 2 . 2 9 $ ‐ $ A1 2 Ne w 2‐MG ta n k ‐ Tr a e r Cr e e k Tr e a t e d St o r a g e ‐ $ 63 4 3 . 1 9 ‐ $ Im p r o v e m e n t ‐ $ ‐ $ Developer Contributed Capital A1 3 Pu m p up g r a d e ‐ AD W F HZ Pm p s T& D 6 3 0 , 0 0 0 $ 63 4 3 . 1 9 6 9 9 , 3 9 4 $ Ca p a c i t y Ex p a n s i o n ‐ $ 69 9 , 3 9 4 . 2 6 $ Increases firm capacity of ADWF to so that ADWF capcity can be dedicated to High Zone when Traer Creek build out dictates A1 4 Ne w BP S & PR V – St r w b r y . Pk 3 T& D 3 8 5 , 0 0 0 $ 63 4 3 . 1 9 4 2 7 , 4 0 8 $ Im p r o v e m e n t 4 2 7 , 4 0 7 . 6 1 $ ‐ $ A1 5 BP S up g r a d e + ba c k u p po w e r ‐ Wi l d r i d g e T& D ‐ $ 63 4 3 . 1 9 ‐ $ Ex c l u d e d ‐ $ ‐ $ A1 6 . A Ne w Gr e y s t o n e BP S Ge n e r a t o r T& D 7 0 , 0 0 0 $ 63 4 3 . 1 9 7 7 , 7 1 0 $ Im p r o v e m e n t 7 7 , 7 1 0 . 4 7 $ ‐ $ A1 6 . B Ne w Gr e y s t o n e Fi r e Pu m p St a t i o n T& D 6 8 0 , 0 0 0 $ 63 4 3 . 1 9 7 5 4 , 9 0 2 $ Im p r o v e m e n t 7 5 4 , 9 0 1 . 7 5 $ ‐ $ A1 7 Ne w PR V ‐ MS Gr e e n T& D 3 1 0 , 0 0 0 $ 63 4 3 . 1 9 3 4 4 , 1 4 6 $ Im p r o v e m e n t 3 4 4 , 1 4 6 . 3 8 $ ‐ $ A1 8 Ne w PR V ‐ MS Or a n g e T& D 4 0 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 4 , 0 6 0 $ Im p r o v e m e n t 4 4 4 , 0 5 9 . 8 5 $ ‐ $ A1 9 Ne w PR V ‐ Sa d d l e r i d g e T& D 4 0 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 4 , 0 6 0 $ Im p r o v e m e n t 4 4 4 , 0 5 9 . 8 5 $ ‐ $ Pa g e 1 o f 5 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X E MA S T E R P L A N R E C O M M E N D E D P R O J E C T S DE C E M B E R 3 1 , 2 0 1 4 A2 0 Ne w PR V ‐ Up p r Da y b r k Ri d g e T& D ‐ $ 63 4 3 . 1 9 ‐ $ Im p r o v e m e n t ‐ $ ‐ $ Combined with project A5.A A2 1 Ne w PR V ‐ Lo w e r Da y b r k Ri d g e (B G 3 / B G 2 ) T& D 3 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 3 , 0 4 5 $ Im p r o v e m e n t 3 3 3 , 0 4 4 . 8 9 $ ‐ $ A2 2 Ne w PR V (w / p i p i n g ) ‐ Wi l d w o o d (M t n St a r Ye l l o w / O r a n g e ) T& D 4 6 0 , 0 0 0 $ 63 4 3 . 1 9 5 1 0 , 6 6 9 $ Im p r o v e m e n t 5 1 0 , 6 6 8 . 8 3 $ ‐ $ A2 3 BP S up g r a d e ‐ Av o n 1 BP S T& D 2 2 0 , 0 0 0 $ 63 4 3 . 1 9 2 4 4 , 2 3 3 $ Im p r o v e m e n t 2 4 4 , 2 3 2 . 9 2 $ ‐ $ A2 4 BP S up g r a d e ‐ Mt n . St a r Re d T& D ‐ $ 63 4 3 . 1 9 ‐ $ Im p r o v e m e n t ‐ $ ‐ $ Omitted per 2015 SGM supplemental design recommendations A2 5 BP S up g r a d e ‐ Mt n . St a r Gr e e n T& D ‐ $ 63 4 3 . 1 9 ‐ $ Im p r o v e m e n t ‐ $ ‐ $ Omitted per 2015 SGM supplemental design recommendations A2 6 BP S up g r a d e ‐ Mt n . St a r Bl u e T& D 3 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 3 , 0 4 5 $ Im p r o v e m e n t 3 3 3 , 0 4 4 . 8 9 $ ‐ $ A2 7 BP S up g r a d e ‐ Mt n . St a r Ye l l o w T& D 3 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 3 , 0 4 5 $ Im p r o v e m e n t 3 3 3 , 0 4 4 . 8 9 $ ‐ $ A2 8 BP S up g r a d e ‐ Mt n . St a r Or a n g e T& D 3 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 3 , 0 4 5 $ Im p r o v e m e n t 3 3 3 , 0 4 4 . 8 9 $ ‐ $ A2 9 BP S up g r a d e ‐ Be a v e r Cr e e k 2 T& D 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ A3 0 BP S up g r a d e ‐ Be a v e r Cr e e k 3 T& D 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ A3 1 BP S up g r a d e ‐ Ba c h e l o r Gu l c h 3 T& D 4 1 0 , 0 0 0 $ 63 4 3 . 1 9 4 5 5 , 1 6 1 $ Im p r o v e m e n t 4 5 5 , 1 6 1 . 3 5 $ ‐ $ A3 2 BP S up g r a d e ‐ Ba c h e l o r Gu l c h 1 T& D 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 2 2 , 0 3 0 $ Im p r o v e m e n t 2 2 2 , 0 2 9 . 9 3 $ ‐ $ A3 3 BP S up g r a d e (w / s u c t . pi p e ) ‐ Do w d T& D 5 3 0 , 0 0 0 $ 63 4 3 . 1 9 5 8 8 , 3 7 9 $ Im p r o v e m e n t 5 8 8 , 3 7 9 . 3 0 $ ‐ $ Cost divided 50/50 between UERWA & Vail Water A3 4 Re l o c a t e d PR V ‐ Mu l l i g a n s T& D 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 2 2 , 0 3 0 $ Im p r o v e m e n t 2 2 2 , 0 2 9 . 9 3 $ ‐ $ A3 5 Tr a n s . Up g r a d e s & BP S ‐ Wh i s k e y Hi l l T& D 5 5 0 , 0 0 0 $ 63 4 3 . 1 9 6 1 0 , 5 8 2 $ Im p r o v e m e n t 6 1 0 , 5 8 2 . 2 9 $ ‐ $ Cost divided 50/50 between UERWA & Vail Water A3 6 Tr a n s . up g r a d e s ‐ Av o n Ro a d T& D 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 2 2 , 0 3 0 $ Ca p a c i t y Ex p a n s i o n ‐ $ 22 2 , 0 2 9 . 9 3 $ Necessary to support dedication of ADWF to High Zone A3 7 Tr a n s . up g r a d e s ‐ Vi l l a g e / A v o n Rd T& D 8 0 0 , 0 0 0 $ 63 4 3 . 1 9 8 8 8 , 1 2 0 $ Ca p a c i t y Ex p a n s i o n ‐ $ 88 8 , 1 1 9 . 7 0 $ Necessary to support dedication of ADWF to High Zone A3 8 Tr a n s . up g r a d e s ‐ N. Fa i r w a y Dr . / B e a v e r Cr e e k Dr i v e (n e w ) T& D 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 2 2 , 0 3 0 $ Ca p a c i t y Ex p a n s i o n ‐ $ 22 2 , 0 2 9 . 9 3 $ Necessary to support dedication of ADWF to High Zone A3 9 Tr a n s . up g r a d e s ‐ Be a v e r Cr e e k Rd T& D 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 2 2 , 0 3 0 $ Ca p a c i t y Ex p a n s i o n ‐ $ 22 2 , 0 2 9 . 9 3 $ Necessary to support dedication of ADWF to High Zone A4 0 Ne w PR V ‐ Ba c h e l o r Gu l c h 2 (B G 2 / B G 1 ) T& D ‐ $ 63 4 3 . 1 9 ‐ $ Co m p l e t e d ‐ $ ‐ $ Completed A4 1 Wi l d r i d g e So u t h PR V T& D 3 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 3 , 0 4 5 $ Im p r o v e m e n t 3 3 3 , 0 4 4 . 8 9 $ ‐ $ A4 2 Be a v e r Cr e e k 3 BP S (H i g h ) (B C 3 ) T& D 1 , 0 2 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 1 3 2 , 3 5 3 $ Im p r o v e m e n t 1 , 1 3 2 , 3 5 2 . 6 2 $ ‐ $ Pa g e 2 o f 5 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X E MA S T E R P L A N R E C O M M E N D E D P R O J E C T S DE C E M B E R 3 1 , 2 0 1 4 A4 3 St r a w b e r r y Pa r k 1 BP S T& D ‐ $ 63 4 3 . 1 9 ‐ $ Im p r o v e m e n t ‐ $ ‐ $ No upgrades needed A4 4 St r a w b e r r y Pa r k 1 PR V an d 8" Wa t e r Li n e (S P 1 to BC 3 ) T& D 4 3 0 , 0 0 0 $ 63 4 3 . 1 9 4 7 7 , 3 6 4 $ Im p r o v e m e n t 4 7 7 , 3 6 4 . 3 4 $ ‐ $ E1 Tr a n s m i s s i o n up g r a d e s ‐ We s t Mi l l e r Ra n c h / E D W F T& D 2 , 6 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 , 8 8 6 , 3 8 9 $ Ca p a c i t y Ex p a n s i o n ‐ $ 2, 8 8 6 , 3 8 9 . 0 3 $ Increases transmission capacity for future plant expansion E2 2. 5 MG CV C Ta n k Tr e a t e d St o r a g e ‐ $ 63 4 3 . 1 9 ‐ $ Co m p l e t e d ‐ $ ‐ $ Completed E3 De v e l o p La k e Cr e e k We l l so u r c e (2 MG D ca p a c i t y ) Su p p l y 5 , 0 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 , 5 5 0 , 7 4 8 $ Im p r o v e m e n t 5 , 5 5 0 , 7 4 8 . 1 3 $ ‐ $ E4 Ne w Ed w a r d s ta n k (+ 0. 7 MG ) Tr e a t e d St o r a g e 1 , 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 6 6 5 , 2 2 4 $ Im p r o v e m e n t 1 , 6 6 5 , 2 2 4 . 4 4 $ ‐ $ E5 Ne w PR V @ Ar r o w h e a d Mo u n t a i n BP S T& D 3 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 , 3 0 4 $ Im p r o v e m e n t 3 3 , 3 0 4 . 4 9 $ ‐ $ E6 In c r e a s e ED W F ca p a c i t y (b y 2. 5 MG D to 7. 5 MG D ca p . ) Tr e a t m e n t 2 , 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 , 7 7 5 , 3 7 4 $ Ca p a c i t y Ex p a n s i o n ‐ $ 2, 7 7 5 , 3 7 4 . 0 6 $ Increases capacity of EDWF to allow ADWF capacity to be dedicated to HZ E7 Ne w Be r r y Cr e e k We l l #3 (0 . 7 MG D ca p a c i t y ) Su p p l y ‐ $ 63 4 3 . 1 9 ‐ $ Co m p l e t e d ‐ $ ‐ $ Completed E8 Up g r a d e Ed w a r d s We l l ca p a c i t y fr o m 0. 1 to 0. 3 MG D Su p p l y 3 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 3 , 0 4 5 $ Ca p a c i t y Ex p a n s i o n ‐ $ 33 3 , 0 4 4 . 8 9 $ Increases capacity E9 Tr a n s . up g r a d e s ‐ Ea s t Mi l l e r Ra n c h / H i g h w a y 6& 2 4 T& D 2 , 6 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 , 8 8 6 , 3 8 9 $ Im p r o v e m e n t 2 , 8 8 6 , 3 8 9 . 0 3 $ ‐ $ Included in WIP E1 0 Tr a n s . up g r a d e s ‐ Fo a l Dr . T& D 1 , 0 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 1 1 0 , 1 5 0 $ Im p r o v e m e n t 1 , 1 1 0 , 1 4 9 . 6 3 $ ‐ $ E1 1 Tr a n s . up g r a d e s ‐ Si n g l e t r e e T& D 7 0 0 , 0 0 0 $ 63 4 3 . 1 9 7 7 7 , 1 0 5 $ Im p r o v e m e n t 7 7 7 , 1 0 4 . 7 4 $ ‐ $ E1 2 Tr a n s . up g r a d e s ‐ Ju n e Cr e e k T& D 1 , 0 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 1 1 0 , 1 5 0 $ Im p r o v e m e n t 1 , 1 1 0 , 1 4 9 . 6 3 $ ‐ $ E1 3 Tr a n s . up g r a d e s ‐ Lo n g h o r n T& D 1 , 1 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 2 2 1 , 1 6 5 $ Im p r o v e m e n t 1 , 2 2 1 , 1 6 4 . 5 9 $ ‐ $ E1 4 Tr a n s . up g r a d e s ‐ Ho m e s t e a d T& D 4 0 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 4 , 0 6 0 $ Im p r o v e m e n t 4 4 4 , 0 5 9 . 8 5 $ ‐ $ E1 5 Tr a n s . up g r a d e s ‐ Ro l l i n g Hi l l s T& D 1 , 7 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 8 8 7 , 2 5 4 $ Im p r o v e m e n t 1 , 8 8 7 , 2 5 4 . 3 6 $ ‐ $ E1 6 Ne w Cr e a m e r y Gu l c h PR V & Tr a n s . up g r a d e s – Al l e n Ci r . T& D 4 0 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 4 , 0 6 0 $ Ex c l u d e d ‐ $ ‐ $ Purpose is to increase capacity for future growth, but Authority policy is that this line would be paid for and extended by Development, so excluded E1 7 Tr a n s . up g r a d e s ‐ La k e Cr e e k T& D 9 0 0 , 0 0 0 $ 63 4 3 . 1 9 9 9 9 , 1 3 5 $ Ex c l u d e d ‐ $ ‐ $ Purpose is to increase capacity for future growth, but Authority policy is that this line would be paid for and extended by Development, so excluded E1 8 Tr a n s . up g r a d e s ‐ Ed w a r d s BP S T& D 4 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 , 4 0 6 $ Im p r o v e m e n t 4 4 , 4 0 5 . 9 9 $ ‐ $ E1 9 Ne w Mi x e r ‐ Ar r o w h e a d Ta n k T& D 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 2 2 2 , 0 3 0 $ Im p r o v e m e n t 2 2 2 , 0 2 9 . 9 3 $ ‐ $ Pa g e 3 o f 5 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X E MA S T E R P L A N R E C O M M E N D E D P R O J E C T S DE C E M B E R 3 1 , 2 0 1 4 C1 So u r c e wa t e r / T r e a t m e n t im p r o v e m e n t s fo r TT H M co n t r o l Tr e a t m e n t ‐ $ 63 4 3 . 1 9 ‐ $ Co m p l e t e d ‐ $ ‐ $ Completed C2 Ne w PR V , BP S Up g r a d e , li n e co n n e c t i o n s (4 We s t ) T& D 1 , 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 3 3 2 , 1 8 0 $ Im p r o v e m e n t 1 , 3 3 2 , 1 7 9 . 5 5 $ ‐ $ C3 BP S up g r a d e – Co r d . 1 We s t T& D 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ C4 BP S up g r a d e – Co r d . 3 Ea s t T& D 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ C5 Ne w PR V ‐ Co r d . 3 We s t BP S T& D 3 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 , 3 0 4 $ Im p r o v e m e n t 3 3 , 3 0 4 . 4 9 $ ‐ $ C6 Ne w PR V ‐ Co r d . 3 Ea s t BP S T& D 3 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 , 3 0 4 $ Im p r o v e m e n t 3 3 , 3 0 4 . 4 9 $ ‐ $ C7 Ne w 0. 5 ‐MG ta n k ‐ Co r d . 3 We s t Tr e a t e d St o r a g e 1 , 0 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 1 1 0 , 1 5 0 $ Im p r o v e m e n t 1 , 1 1 0 , 1 4 9 . 6 3 $ ‐ $ C8 Ne w 0. 5 ‐MG ta n k ‐ Co r d . 3 Ea s t Tr e a t e d St o r a g e 1 , 0 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 1 1 0 , 1 5 0 $ Im p r o v e m e n t 1 , 1 1 0 , 1 4 9 . 6 3 $ ‐ $ C9 Ne w li n e & PR V ‐ Fe n n o Dr i v e & We s t Ti m b e r Dr i v e T& D 6 0 0 , 0 0 0 $ 63 4 3 . 1 9 6 6 6 , 0 9 0 $ Im p r o v e m e n t 6 6 6 , 0 8 9 . 7 8 $ ‐ $ C1 0 Li n e up g r a d e ‐ Fo r e s t Tr a i l T& D 1 , 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 3 3 2 , 1 8 0 $ Im p r o v e m e n t 1 , 3 3 2 , 1 7 9 . 5 5 $ ‐ $ C1 1 Ne w li n e & PR V ‐ Fe n n o Dr i v e & Re d Dr a w Ro a d T& D 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ C1 2 Ne w li n e & li n e up g r a d e ‐ El Mi r a d o r T& D 3 , 2 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 , 5 5 2 , 4 7 9 $ Im p r o v e m e n t 3 , 5 5 2 , 4 7 8 . 8 0 $ ‐ $ C1 3 Ne w li n e s (s h o r t ) fo r co n n e c t i v i t y ‐ Co r d i l l e r a Wa y T& D 4 0 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 4 , 0 6 0 $ Im p r o v e m e n t 4 4 4 , 0 5 9 . 8 5 $ ‐ $ C1 4 Ne w li n e ‐ Bl u e g r a s s Co u r t & Co t t a g e Ci r c l e T& D 3 0 0 , 0 0 0 $ 63 4 3 . 1 9 3 3 3 , 0 4 5 $ Im p r o v e m e n t 3 3 3 , 0 4 4 . 8 9 $ ‐ $ C1 5 BP S up g r a d e ‐ Co r d . 2 We s t T& D 4 0 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 4 , 0 6 0 $ Im p r o v e m e n t 4 4 4 , 0 5 9 . 8 5 $ ‐ $ C1 6 BP S up g r a d e ‐ Co r d . 3 We s t T& D 4 0 0 , 0 0 0 $ 63 4 3 . 1 9 4 4 4 , 0 6 0 $ Im p r o v e m e n t 4 4 4 , 0 5 9 . 8 5 $ ‐ $ C1 7 Li n e up g r a d e ‐ 1 We s t Su b z o n e T& D 9 0 0 , 0 0 0 $ 63 4 3 . 1 9 9 9 9 , 1 3 5 $ Im p r o v e m e n t 9 9 9 , 1 3 4 . 6 6 $ ‐ $ C1 8 Li n e up g r a d e ‐ 3 Ea s t T& D 1 , 6 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 7 7 6 , 2 3 9 $ Im p r o v e m e n t 1 , 7 7 6 , 2 3 9 . 4 0 $ ‐ $ C1 9 Ne w li n e & PR V ‐ 1 We s t Su b z o n e T& D 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ C2 0 Ne w li n e & PR V ‐ 9 Ea s t Su b z o n e T& D 1 , 1 0 0 , 0 0 0 $ 63 4 3 . 1 9 1 , 2 2 1 , 1 6 5 $ Im p r o v e m e n t 1 , 2 2 1 , 1 6 4 . 5 9 $ ‐ $ C2 1 Ne w li n e & li n e up g r a d e ‐ 2 Ea s t T& D 5 0 0 , 0 0 0 $ 63 4 3 . 1 9 5 5 5 , 0 7 5 $ Im p r o v e m e n t 5 5 5 , 0 7 4 . 8 1 $ ‐ $ To t a l 5 4 , 3 1 0 , 0 0 0 $ 60 , 2 9 2 , 2 2 6 $ 50 , 6 0 0 , 6 2 0 $ 8, 2 4 8 , 4 1 2 $ No t e s : 1E s t i m a t e d Co s t s , pr e s e n t e d in 20 0 9 do l l a r s , we r e ob t a i n e d fr o m 20 0 9 SG M UE R W A Wa t e r Ma s t e r Pl a n Up d a t e , or Ke n n e d y Je n k s UE R W A Hi g h Zo n e Im p r o v e m e n t s St u d y , un l e s s noted otherwise. 2C o s t s in d e x e d to Au g u s t 20 1 4 va l u e of 70 4 1 . 8 6 pe r mo s t re c e n t av a i l a b l e da t a fr o m EN R De n v e r Co n s t r u c t i o n Co s t In d e x Pa g e 4 o f 5 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X E MA S T E R P L A N R E C O M M E N D E D P R O J E C T S DE C E M B E R 3 1 , 2 0 1 4 Ca t e g o r y To t a l Im p r o v e m e n t s By Ca t e g o r y To t a l Ca p a c i t y Ex p a n s i o n s By Ca t e g o r y Ge n e r a l ‐ $ ‐ $ Su p p l y 6 , 1 6 1 , 3 3 0 . 4 2 $ 33 3 , 0 4 4 . 8 9 $ T& D 3 7 , 9 5 6 , 0 1 5 . 6 8 $ 5, 1 3 9 , 9 9 2 . 7 6 $ Tr e a t e d St o r a g e 6 , 4 8 3 , 2 7 3 . 8 1 $ ‐ $ Tr e a t m e n t ‐ $ 2, 7 7 5 , 3 7 4 . 0 6 $ To t a l 5 0 , 6 0 0 , 6 1 9 . 9 1 $ 8, 2 4 8 , 4 1 1 . 7 1 $ Su m m a r y of Ma s t e r Pl a n Im p r o v e m e n t s By Ca t e g o r y Pa g e 5 o f 5 Appendix F Plant Investment Fee Summary UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X F PI F C A L C U L A T I O N S U M M A R Y DE C E M B E R 3 1 , 2 0 1 4 Re c o m m e n d e d P I F U s i n g 1 5 - Y e a r S F E G r o w t h R a t e P r o j e c t i o n o f 2 . 1 3 % Ca t e g o r y Sy s t e m Ca p a c i t y (S F E ) To t a l S F E ' s at 2 0 1 4 Y e a r En d Av a i l a b l e Ca p a c i t y (S F E ) Pe r c e n t Ca p a c i t y Av a i l a b l e f o r Gr o w t h Es t i m a t e d V a l u e o f Ex i s t i n g A s s e t s Bu d g e t e d C o s t s fo r W o r k - i n - Pr o g r e s s Es t i m a t e d C o s t s of M a s t e r Pl a n n e d S y s t e m Im p r o v e m e n t s To t a l E x i s t i n g As s e t s , W I P a n d Pl a n n e d Im p r o v e m e n t s Co s t o f Ex i s t i n g Ca p a c i t y , W I P an d P l a n n e d Im p r o v e m e n t s Pe r S F E Estimated Cost of New Capacity ProjectsEstimated Cost of New Capacity per Future SFETotal Plant Investment Fee per SFE Ge n e r a l 2 2 , 4 2 4 1 6 , 4 0 8 6 , 0 1 6 2 6 . 8 3 % 7 8 0 , 9 6 2 $ 1 , 8 6 6 , 8 1 4 $ - $ 2 , 6 4 7 , 7 7 6 $ 1 1 8 $ - $ -$ 118$ Su p p l y 2 2 , 4 2 4 1 6 , 4 0 8 6 , 0 1 6 2 6 . 8 3 % 1 , 4 9 8 , 3 5 3 $ 7 , 0 2 4 , 0 3 5 $ 6 , 1 6 1 , 3 3 0 $ 1 4 , 6 8 3 , 7 1 8 $ 6 5 5 $ 3 3 3 , 0 4 5 $ 55$ 710$ T& D 2 2 , 4 2 4 1 6 , 4 0 8 6 , 0 1 6 2 6 . 8 3 % 1 1 , 8 3 7 , 3 1 3 $ 1 2 , 8 0 1 , 8 9 0 $ 3 7 , 9 5 6 , 0 1 6 $ 6 2 , 5 9 5 , 2 1 8 $ 2 , 7 9 1 $ 5 , 1 3 9 , 9 9 3 $ 854$ 3,646$ Tr e a t e d S t o r a g e 2 2 , 4 2 4 1 6 , 4 0 8 6 , 0 1 6 2 6 . 8 3 % 7 , 9 0 9 , 2 7 1 $ 1 , 0 7 0 , 2 9 4 $ 6 , 4 8 3 , 2 7 4 $ 1 5 , 4 6 2 , 8 3 9 $ 6 9 0 $ - $ -$ 690$ Tr e a t m e n t 2 2 , 4 2 4 1 6 , 4 0 8 6 , 0 1 6 2 6 . 8 3 % 4 8 , 6 2 7 , 5 9 1 $ 3 , 6 5 1 , 4 0 1 $ - $ 5 2 , 2 7 8 , 9 9 2 $ 2 , 3 3 1 $ 2 , 7 7 5 , 3 7 4 $ 461$ 2,793$ Wa t e r R e s o u r c e s ( 1 ) 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 2 5 , 2 2 4 , 1 5 8 $ - $ - $ 2 5 , 2 2 4 , 1 5 8 $ 1 , 0 8 4 $ - $ -$ 1,084$ TO T A L : 95 , 8 7 7 , 6 4 8 $ 2 6 , 4 1 4 , 4 3 4 $ 5 0 , 6 0 0 , 6 2 0 $ 1 7 2 , 8 9 2 , 7 0 2 $ 7 , 6 7 0 $ 8 , 2 4 8 , 4 1 2 $ 1,371$ 9,041$ PI F C a l c u l a t i o n U s i n g S t a n B e r n s t e i n a n d A s s o c i a t e s S F E P r o j e c t i o n s Ca t e g o r y Sy s t e m Ca p a c i t y (S F E ) To t a l S F E ' s at 2 0 1 4 Y e a r En d Av a i l a b l e Ca p a c i t y (S F E ) Pe r c e n t Ca p a c i t y Av a i l a b l e f o r Gr o w t h Es t i m a t e d V a l u e o f Ex i s t i n g A s s e t s Bu d g e t e d C o s t s fo r W o r k - i n - Pr o g r e s s Es t i m a t e d C o s t s of M a s t e r Pl a n n e d S y s t e m Im p r o v e m e n t s To t a l E x i s t i n g As s e t s , W I P a n d Pl a n n e d Im p r o v e m e n t s Co s t o f Ex i s t i n g Ca p a c i t y , W I P an d P l a n n e d Im p r o v e m e n t s Pe r S F E Estimated Cost of New Capacity ProjectsEstimated Cost of New Capacity per Future SFETotal Plant Investment Fee per SFE Ge n e r a l 1 9 , 5 5 3 1 6 , 4 0 8 3 , 1 4 5 1 6 . 0 8 % 7 8 0 , 9 6 2 $ 1 , 8 6 6 , 8 1 4 $ - $ 2 , 6 4 7 , 7 7 6 $ 1 3 5 $ - $ -$ 135$ Su p p l y 19 , 5 5 3 1 6 , 4 0 8 3 , 1 4 5 1 6 . 0 8 % 1 , 4 9 8 , 3 5 3 $ 7 , 0 2 4 , 0 3 5 $ 6 , 1 6 1 , 3 3 0 $ 1 4 , 6 8 3 , 7 1 8 $ 7 5 1 $ 3 3 3 , 0 4 5 $ 106$ 857$ T& D 1 9 , 5 5 3 1 6 , 4 0 8 3 , 1 4 5 1 6 . 0 8 % 1 1 , 8 3 7 , 3 1 3 $ 1 2 , 8 0 1 , 8 9 0 $ 3 7 , 9 5 6 , 0 1 6 $ 6 2 , 5 9 5 , 2 1 8 $ 3 , 2 0 1 $ 5 , 1 3 9 , 9 9 3 $ 1,634$ 4,836$ Tr e a t e d S t o r a g e 1 9 , 5 5 3 1 6 , 4 0 8 3 , 1 4 5 1 6 . 0 8 % 7 , 9 0 9 , 2 7 1 $ 1 , 0 7 0 , 2 9 4 $ 6 , 4 8 3 , 2 7 4 $ 1 5 , 4 6 2 , 8 3 9 $ 7 9 1 $ - $ -$ 791$ Tr e a t m e n t 1 9 , 5 5 3 1 6 , 4 0 8 3 , 1 4 5 1 6 . 0 8 % 4 8 , 6 2 7 , 5 9 1 $ 3 , 6 5 1 , 4 0 1 $ - $ 5 2 , 2 7 8 , 9 9 2 $ 2 , 6 7 4 $ 2 , 7 7 5 , 3 7 4 $ 882$ 3,556$ Wa t e r R e s o u r c e s ( 1 ) 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 2 5 , 2 2 4 , 1 5 8 $ - $ - $ 2 5 , 2 2 4 , 1 5 8 $ 1 , 0 8 4 $ - $ -$ 1,084$ ` TO T A L : 95 , 8 7 7 , 6 4 8 $ 2 6 , 4 1 4 , 4 3 4 $ 5 0 , 6 0 0 , 6 2 0 $ 1 7 2 , 8 9 2 , 7 0 2 $ 8 , 6 3 7 $ 8 , 2 4 8 , 4 1 2 $ 2,623$ 11,259$ Pa g e 1 o f 2 UE R W A P L A N T I N V E S T M E N T F E E U P D A T E - A P P E N D I X F PI F C A L C U L A T I O N S U M M A R Y DE C E M B E R 3 1 , 2 0 1 4 PI F C a l c u l a t i o n U s i n g S G M , I n c . S F E P r o j e c t i o n s Ca t e g o r y Sy s t e m Ca p a c i t y (S F E ) To t a l S F E ' s at 2 0 1 4 Y e a r En d Av a i l a b l e Ca p a c i t y (S F E ) Pe r c e n t Ca p a c i t y Av a i l a b l e f o r Gr o w t h Es t i m a t e d V a l u e o f Ex i s t i n g A s s e t s Bu d g e t e d C o s t s fo r W o r k - i n - Pr o g r e s s Es t i m a t e d C o s t s of M a s t e r Pl a n n e d S y s t e m Im p r o v e m e n t s To t a l E x i s t i n g As s e t s , W I P a n d Pl a n n e d Im p r o v e m e n t s Co s t o f Ex i s t i n g Ca p a c i t y , W I P an d P l a n n e d Im p r o v e m e n t s Pe r S F E Estimated Cost of New Capacity ProjectsEstimated Cost of New Capacity per Future SFETotal Plant Investment Fee per SFE Ge n e r a l 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 7 8 0 , 9 6 2 $ 1 , 8 6 6 , 8 1 4 $ - $ 2 , 6 4 7 , 7 7 6 $ 1 1 4 $ - $ -$ 114$ Su p p l y 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 1 , 4 9 8 , 3 5 3 $ 7 , 0 2 4 , 0 3 5 $ 6 , 1 6 1 , 3 3 0 $ 1 4 , 6 8 3 , 7 1 8 $ 6 3 1 $ 3 3 3 , 0 4 5 $ 49$ 680$ T& D 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 1 1 , 8 3 7 , 3 1 3 $ 1 2 , 8 0 1 , 8 9 0 $ 3 7 , 9 5 6 , 0 1 6 $ 6 2 , 5 9 5 , 2 1 8 $ 2 , 6 9 1 $ 5 , 1 3 9 , 9 9 3 $ 750$ 3,441$ Tr e a t e d S t o r a g e 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 7 , 9 0 9 , 2 7 1 $ 1 , 0 7 0 , 2 9 4 $ 6 , 4 8 3 , 2 7 4 $ 1 5 , 4 6 2 , 8 3 9 $ 6 6 5 $ - $ -$ 665$ Tr e a t m e n t 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 4 8 , 6 2 7 , 5 9 1 $ 3 , 6 5 1 , 4 0 1 $ - $ 5 2 , 2 7 8 , 9 9 2 $ 2 , 2 4 8 $ 2 , 7 7 5 , 3 7 4 $ 405$ 2,653$ Wa t e r R e s o u r c e s ( 1 ) 2 3 , 2 5 9 1 6 , 4 0 8 6 , 8 5 1 2 9 . 4 6 % 2 5 , 2 2 4 , 1 5 8 $ - $ - $ 2 5 , 2 2 4 , 1 5 8 $ 1 , 0 8 4 $ - $ -$ 1,084$ TO T A L : 95 , 8 7 7 , 6 4 8 $ 2 6 , 4 1 4 , 4 3 4 $ 5 0 , 6 0 0 , 6 2 0 $ 1 7 2 , 8 9 2 , 7 0 2 $ 7 , 4 3 3 $ 8 , 2 4 8 , 4 1 2 $ 1,204$ 8,637$ No t e s : (1 ) - T h e A u t h o r i t y ' s w a t e r r i g h t s a r e t h o u g h t t o b e a d e q u a t e t o s e r v e t h e f u l l b u i l d - o u t p r e s e n t e d i n t h e S G M S F E p r o j e c t i o n s , a l t h o u g h a d d i t i o n a l r i g h t s , i n c l u d i n g s t o r a g e , a r e i n t e n d e d t o b e a c q u i r e d t o p r o v i d e ad d i t i o n a l p h y s i c a l s u p p l i e s t o r e d u c e t h e e f f e c t s o f d r o u g h t , o t h e r i n t e r r u p t i o n s t o s u p p l y , a n d z o n i n g c h a n g e s . Pa g e 2 o f 2 Appendix G 2015 Upper Eagle Regional Water Authority Connection Fees Residential Base Up to X Sq Ft Thereafter per Sq Ft Efficiency Unit (0.5 SFE) Accomm Unit (0.35 SFE) Swimming Pools per Sq Ft ¾" 1.5 SFE 1" 2.6 SFE 1½" 5.8 SFE 2" 10.3 SFE 3" 23.0 SFE 4" 40.9 SFE 6" 92.1 SFE Floor AreaTiers Sq Ft in TIER Price per Sq Ft TIER TOTAL TIER 1 0 - 2,500 $1.80 $4,500 (Min $1,750) TIER 2 2,501 - 3,500 $2.22 $2,220 TIER 3 3,501 - 5,000 $2.71 $4,065 TIER 4 5,001 +$3.47 + overage Arrowhead - Water (1)$5,500 600 $2.00 $2,750 $1,925 $7,500 $13,000 $29,000 $51,500 $115,000 $204,500 $460,500 Arrowhead Mountain - Water (1)$8,250 600 $3.00 $4,125 $2,888 $7,500 $13,000 $29,000 $51,500 $115,000 $204,500 $460,500 Bachelor Gulch - Water (1)$5,500 600 $2.00 $1.75 /sq ft $1.75 /sq ft Beaver Creek - Water (1)$5,000 600 $1.75 Berry Creek (Singletree) - Water (1)$5,000 3,000 $1.50 $2,500 $1,750 $1.50 $7,500 $13,000 $29,000 $51,500 $115,000 $204,500 $460,500 Cordillera - Water (1)$7,000 2,500 $2.00 $2,500 $1,750 N\A $13,000 $29,000 $51,500 $115,000 $204,500 $460,500 Plus, Administrative Fee Sewer Lines Eagle-Vail - Water (1)$5,000 3,000 $2.00 $2,500 $1,750 $2.00 $7,500 $13,000 $29,000 $51,500 $115,000 $204,500 $460,500 Edwards -Water (1)0 N/A $1.25 $3,750 $6,500 $14,500 $25,750 $57,500 $102,250 $230,250 Town of Avon - Water (1)$4,000 3,000 $2.00 $2,000 $1,400 $2.00 $6,000 $10,400 $23,200 $41,200 $92,000 $163,000 $368,000 Plus, Oversized Unit Surcharge (Applies to units in Avon)$0 3,000 $1.40 Plus, Oversized Unit Surcharge (Applies to units in Mtn. Star)$0 7,500 $1.40 Village at Avon/Traer Creek - Avon Water (1)$4,000 3,000 $2.00 $2,000 $1,400 $2.00 $6,000 $10,400 $23,200 $41,200 $92,000 $163,000 $368,000 Plus, Incremental Sewer Tap Fee $0.86 $2,939 $5,094 $11,364 $20,182 $45,066 $80,139 $180,460 Plus, Water Development Fee Tier 1 0 - 600 $2.50 (Min $1,500 )$2.00 $3,000 $5,200 $11,600 $20,600 $46,000 $81,500 $184,000 Tier 2 >601 $2.00 ERWSD- Wastewater 0 N/A $3.43 $11,756 $20,378 $45,458 $80,727 $180,264 $320,556 $721,838 UERWA-Treated Water Storage Fee West Edwards Sewer Encumbrance Fee In Addition to the UERWA PIF (above), Member Districts have the following Connection Fee assessments: CONNECTION FEES - As of January 1, 2015 Upper Eagle Regional Water Authority DISTRICTS RESIDENTIAL COMMERCIAL - Based on Meter Size UERWA Plant Investment Fee (PIF) (Started in 1995)$8,410 $14,577 $32,521 $57,752 $128,957 $229,320 $516,386 $2,985 per SFE $2,985 per SFE $2 per square foot of Commercial Floor Area $2 per square foot of Commercial Floor Area $1,500 $1,500 up to $4,200 per SFE up to $4,200 per SFE If connecting to the Wastewater System the following Connection Fee assessment Shall apply: The following Other Connection Fee assessments May also apply: $1,225 per SFE $1,225 per SFE UERWA CUSTOMER CONNECTION FEES 4/7/2015 1 UERWA Plant Investment Fee Update March 26, 2015 Team 2 Jason Cowles, P.E. -Planner LinnBrooks –General Manager AngeloFernandez –Director of Organizational Development JohnMcCaulley –Customer Service Department Manager Becky Bultemeier –Finance Director Elena Jones –Utility Billing Accountant Dennis Gelvin –Former General Manager 4/7/2015 2 Definitions 3 Water System Impact Fee (WSIF) –Formerly Plant Investment Fee An impact fee charged to new customers that creates equity in the financing of the water system’s current and planned future assets by requiring that new customers pay for their allocation of system capacity inbackbone water facilitiesand systems, such as: •Water Treatment •Water Resources •Water Supply •Transmission and Distribution •Treated Water Storage Single Family Equivalent (SFE) Amultiplier that is used to quantify the impact of a Customer’s water use on the system. Background 4 •Authority’s PlantInvestment Fee(PIF) was last updated in 2001 byTHC Utility Management Specialists •The current update to the PIF uses the methodology and framework established by THC to evaluate the PIF rate which currently structured to recover, on average, $4,500 per SFE •One of the intended outcomes of this effort is to use this update as a framework for an easily repeatable process for updating the fee on a regular basis using the District’s in-house resources 4/7/2015 3 History 5 Participating Members Town of Avon Arrowhead Metropolitan District Beaver Creek Metropolitan District Berry Creek Metropolitan District Eagle-Vail Metropolitan District Edwards Metropolitan District Participating Members Town of Avon Arrowhead Metropolitan District Beaver Creek Metropolitan District Berry Creek Metropolitan District Eagle-Vail Metropolitan District Edwards Metropolitan District Contracting Districts Bachelor Gulch Metropolitan District Cordillera Metropolitan District Traer Creek Metropolitan District Contracting Districts Bachelor Gulch Metropolitan District Cordillera Metropolitan District Traer Creek Metropolitan District 1984 Legal Considerations 11 Colorado Revised Statutes (CRS 29-20) •Fee must be legislatively adopted •Fee must be generally applicable to a broad class of property •A rational nexus must exist between the fee and the fee’s intended purpose •Site specific improvements can not be required to meet the same need for which the fee is imposed Krupp vs. Breckenridge Sanitation District •Fee should be reasonably related to the cost of providing facilities •Fee must be rationally based and fairly calculated (but need not be mathematically precise) •Fee is consistently and reasonably applied 4/7/2015 4 12 Methodology Replacement Value Method Current cost to replace assets Values existing excess capacity that is available for growth Does not consider future expansion or improvement projects Best used by systems with available capacity Marginal Cost Method Forward looking approach Values future growth-related capital investments and Improvements Does not consider existing excess capacity Best used by growing systems with capacity related investments in near term http://bdmariners.org/wp-content/uploads/2014/06/Past-Present-Future-Blog.jpg 13 Cost Attribution Replacement Cost of Existing Capacity Currently Used Capacity Currently Available Capacity New Capacity Available Capacity for Growth Marginal Cost Of New Capacity Cost Attribution Combines Replacement Cost and Marginal Cost approaches “Reimbursement” component for excess capacity “Improvement” component for future planned projects Appropriate for systems with excess capacity in some system components (eg. Treated Storage) and a need for capacity in others (eg. Transmission) 4/7/2015 5 14 Capacity http://www.proprofs.com/quiz‐school/user_upload/ckeditor/predict‐the‐future‐intro‐580x350.jpg 19,553 (Stan Bernstein & Associates) 23,259 (SGM)22,424 (2.13% Growth per year) Assets and Improvements 15 Asset Category Estimated Value of Existing Assets (RCN) BudgetedCosts of Work-In-Progress Estimated Costs of Master Planned Improvements Total General$ 780,962 $1,866,814$ -$ 2,647,776 Supply$ 1,498,353 $ 7,042,035 $ 6,161,330 $ 14,683,718 Transmission & Distribution$ 11,837,313 $ 12,801,889$ 37,956,016$ 62,595,218 Treated Storage$ 7,909,271 $ 1,070,294$ 6,483,274$ 15,462,839 Treatment$ 48,627,591 $ 3,651,401$ -$ 52,278,992 Water Resources (1)$ 25,224,158 $ -$ -$ 25,224,158 TOTAL$ 95,877,648 $ 26,414,434 $ 50,600,620 $ 172,892,702 Photo Credit: Robert Bates (1) Water resources value established by appraisal 4/7/2015 6 New Capacity 16 Category EstimatedCosts of New Capacity Projects General$ - Supply$ 333,045 Transmission & Distribution$ 5,139,993 Treated Storage$ - Treatment$ 2,775,374 Water Resources$ - TOTAL$ 8,248,412 Recommended Fee 17 Category Total Existing Assets, WIP and Planned Improvements Unit Cost of Existing Capacity, WIP and Planned Improvements Per SFE Estimated Cost of New Capacity Projects Unit Cost of New Capacity per Future SFE Total Plant Investment Fee per SFE General$ 2,647,776 $ 118 $ -$ -$ 118 Supply$ 14,683,718 $ 655 $ 333,045 $ 55 $ 710 T&D$ 62,595,218 $ 2,791 $ 5,139,993 $ 854 $ 3,646 Treated Storage$ 15,462,839$ 690 $ -$ -$ 690 Treatment$ 52,278,992 $ 2,331 $ 2,775,374 $ 461 $ 2,793 Water Resources$ 25,224,158 $ 1,084 $ -$ -$ 1,084 TOTAL$ 172,892,702 $ 7,670 $ 8,248,412 $ 1,371 $ 9,041 Notes •16,408 Total SFEs being served at 2014 Year End •22,424 SFEs projected at full build out 4/7/2015 7 18 Assessment of Fee Residential Based on interior square footage. Larger units are assessed a higher rate than smaller units based on square footage tiers. Past studies show that larger units have higher gallons/day use per SFE. Commercial Equivalent SFE assignedbased on fixturecount and meter size. Residential -Based on Square FeetCommercial -Based on Meter Size Floor Area Tiers Square Feet in Tier Price Per Square FootTier Total ¾" Meter (1.5 SFE) 1" Meter (2.6 SFE) 1½"Meter (5.8 SFE) 2" Meter (10.3 SFE) 3" Meter (23.0 SFE) 4" Meter (40.9 SFE) 6" Meter (92.1 SFE) Tier 10 -2,500$ 3.62 $ 9,041 $13,561$23,506$52,437$93,121$207,940$369,771$832,663Tier 22,501 -3,500$ 4.46 $ 4,460 Tier 33,501 -5,000$ 5.44 $ 8,167 Tier 45,001+$ 6.97 Overage Fees Charged by Other Water Providers 19 MunicipalityTerminologyEstimated Fee1 City of AspenUtility Development Fee$ 13,042 City of ArvadaWater Tap Fee$ 17,645 City of Aurora2 Connection Fee$ 16,429 Denver WaterSystem Development Charge$ 4,780 Town of BreckenridgePlant Investment Fee$ 11,458 Town of Crested ButteWater Tap Fee$ 10,667 Town of Eagle2 Water Tap Fee$ 7,000 Town of GypsumWater Tap Fee$ 6,000 Town of SilverthorneWater Tap Fee$ 7,000 Notes: 1. Fee estimates are based on a 2,500 SF residence. 2. Fees are based on 8,000 SF lot size. Rate increases with lot size. 4/7/2015 8 WSIF Rate Comparison 20 Growth Related Impact Fees –Avon Service Area 1,200 SF Residence 3,000 SF Residence 4,500 SF Residence 6,000 SF Residence CURRENT UERWA WSIF$ 2,160 $ 5,610 $ 9,430 $ 14,255 Town of Avon Tap Fee$ 4,000 $ 4,000 $ 9,100 $ 14,200 ERWSD Wastewater Tap Fee$ 4,116 $ 10,290 $ 15,435 $ 20,580 Total$ 10,276 $ 19,900 $ 33,965 $ 49,035 PROPOSED UERWA WSIF$ 4,344 $ 11,280 $ 18,941 $ 28,638 Town of Avon Tap Fee$ 4,000 $ 4,000 $ 9,100 $ 14,200 ERWSD Wastewater Tap Fee$ 4,116 $ 10,290 $ 15,435 $ 20,580 TOTAL$ 12,460 $ 25,570 $ 43,476 $ 63,418 NET INCREASE$ 2,184 $ 5,670 $ 9,511 $ 14,383 1.Increase the PIF rate torecover, on average, $9,041 per SFE 2.Assess the PIF using the current tiered rate structure with the base tier for 2,500 SF set to recover $9,041. Rate structure should be re- evaluated as the Authority implements water budgeting. 3.Periodicallyupdate the PIF as system assets are added or improved, or to reflect changes to the Authority’s Capital Improvement Program. 4.Adjust the PIF annually by the Engineering News Record’s Denver Construction Cost Index 5.Consider changing terminology to Water System Impact Fee Recommendations 26 4/7/2015 9 Questions? Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Avon Town Council members FROM: Eric J. Heil, Town Attorney RE: Amendments to Authority Agreement DATE: April 2, 2015 SUMMARY: Jay Montgomery, as Special Water Counsel for the Town of Avon, has prepared a memorandum discussing changes to the Amended and Restated Water Authority Agreement. Attached is Jay’s memorandum, Resolution No. 15-08 Adopting the Amended and Restated Agreement, and REDLINE excerpts of the Amended and Restated Authority Agreement which depict the language changes from the form of the Authority Agreement that the Avon Town Council approved last fall. The Authority Agreement is an intergovernmental agreement that is indefinite in duration, thus longer than 10 years, and therefore requires the concurring vote of 5 Council members per Section16.2 of the Avon Charter. Thank you, Eric ATTACHMENTS: Jay Montgomery memorandum dated April 1, 2015 Resolution No. 15-08-22 with Authority Agreement and Letter Agreement Excerpts of Authority Agreement depicting changes from the August 28, 2014 version previously approved by Council M EMORANDUM & PLANNING, LLC 00100303-1 MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMORANDUM TO: Honorable Mayor Fancher and Avon Town Council Members FROM: Jay Montgomery, Water Attorney RE: Upper Eagle Regional Water Authority Agreement DATE: April 1, 2015 DISCUSSION: Negotiation of a comprehensive amendment, restatement and consolidation of the 1984 Agreement Establishing the Upper Eagle Regional Water Authority (the “Authority”) and the 1998 Master Service Contract among the Authority and its six member entities has been ongoing for several years. The proposed Amended and Restated consolidated agreement is referred to as the “Authority Agreement.” The Authority Agreement will simplify and consolidate, as well as remove certain outdated provisions of, the prior agreements. On September 9, 2014, the Avon Town Council approved a form of the Authority Agreement pursuant to Town Council Resolution No. 14-22. The Authority then submitted the proposed Authority Agreement to the other Authority members for consideration and approval. In response, the Beaver Creek Metropolitan District (“BCMD”) proposed additional revisions to the Authority Agreement. The new set of changes to the Authority Agreement raised two issues of concern to Avon. The first issue concerned the possibility that new language referring to “Member Water Rights Reports” could be misinterpreted to undermine the provisions of the Avon water right leases in which the Authority commits to provide water service to a fixed number of single family equivalent building units (“SFEs”) in the Town of Avon. The second issue involved new language that would appear to establish an affirmative obligation to dedicate additional water rights or to pay “cash-in-lieu” equivalent fees to the Authority for water service to “new customers” that would “exceed the levels and amounts specified in the Water Rights Reports.” That new language would have added to the uncertainty already surrounding the definitions of “allocated” and “unallocated” water and the matter of how “unallocated” water gets converted to “allocated” status. Avon Town Council had consistently opposed a piecemeal approach to addressing the unallocated water issues. These concerns were addressed in a meeting and an exchange of correspondence among representatives of Avon, the Authority, and the BCMD, leading to a December 29, 2014 proposal for additional edits to the Agreement. The definitions of “allocated” and “unallocated” water rights MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. MEMO TO: Honorable Mayor Fancher and Avon Town Council Page 2 00100303-1 have been revised so they do not adversely affect the Authority’s commitment to serve a fixed number of SFEs in the Town’s service area. Additionally, language has been added to define three categories of “Water Service Customers”: (1) “Water Service Customers”, which were already defined in the definitions section of the Agreement as existing customers; (2) “Planned Future Water Service Customers”, which are defined in new paragraph 19 language as new customers not yet receiving water, but who are “contemplated for service under current zoning at full build-out, or which the Authority has committed to serve by contract…” (3) “Additional Future Water Service Customers”, which are also defined in new paragraph 19 language as “future potential customers of the Authority that are not currently contemplated for service under current zoning at full build-out or under contracts with the Authority and are in excess of the Planned Future Water Service Customers levels.” The three new definitions clarify and preserve Avon’s claim to full water service for the 5276.75 SFEs under its leases with the Authority and the levels of development contemplated by existing zoning. The water rights dedication or cash-in-lieu payment requirements of paragraph 19 would apply only to new development beyond current zoning build-out and beyond what the Authority is already committed by contract to serve. That approach to new development or re- development is consistent with the past practice of Avon and the Authority. Additionally, Avon has requested that the Authority engage in further discussions with Avon of the technical, legal and policy issues surrounding (1) the technical bases for the allocation of water rights contained in the Avon Water Rights Report, (2) the Authority’s acquisition and development of system- wide water rights, and (3) the Authority’s policies for disposition of the “unallocated” portion of those system-wide water rights. Adoption of this Amended Agreement will not interfere with Avon’s ability to pursue such further discussions with the Authority. Attached to this memo is a redlined version of the Agreement showing all changes from the version previously approved by Council in September 2014. A draft Resolution approving the Amended and Restated Authority Agreement is also included in the Council Meeting Packet. CONCLUSION AND RECOMMENDATION: The final version of the Amended and Restated Agreement Establishing the Upper Eagle Regional Water Authority attached to this memo has addressed all the substantive concerns of the Town of Avon and is ready for approval by Town Council. Resolution No. 15-08 Approving the Authority Agreement April 8, 2015 - FINAL TOWN OF AVON, COLORADO RESOLUTION NO. 15-08 SERIES OF 2015 A RESOLUTION APPROVING THE AUTHORITY AGREEMENT AMENDING AND RESTATING THE AGREEMENT ESTABLISHING THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE MASTER SERVICE CONTRACT (“Authority Agreement”) AND APPROVING A LETTER AGREEMENT REGARDING TRAER CREEK WATER RIGHTS (“Letter Agreement”) WHEREAS, the Upper Eagle River Water Authority (“Authority”) have proposed amendments and updates to the 1984 Establishing Agreement and 1998 Master Service Agreement as well as have proposed consolidating both agreements into one agreement for efficiency, convenience and accuracy; and WHEREAS, the Avon Town Council approved Resolution No. 14-22 approving the Authority Agreement, and after such approval, additional revisions have been proposed and reviewed by the parties; and, WHEREAS, the Avon Town Council finds that the Authority Agreement, as revised and attached, is acceptable and will enhance the governance and function of the Authority; and, WHEREAS, CRS §29-1-204.2 authorizes the establishment of an authority by a combination of municipalities and special districts with such purpose and powers as is set forth in the Authority Agreement; and, WHEREAS, the Avon Town Council finds that the Authority Agreement will promote the health, safety and general welfare of the Avon community by improving the governing terms by which the Authority provides water to the Town of Avon, the other members of the Authority, and third parties who receive water from the Authority; and, WHEREAS, the Avon Town Council finds that the Letter Agreement clarifies and confirms the Town of Avon’s rights with regard to the Traer Creek water rights conveyed to the Authority and is an essential supplemental and complimentary agreement to the Authority Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town of Avon hereby approves the Authority Agreement attached hereto as Exhibit A and approves the Letter Agreement attached hereto as Exhibit B; authorizes the Mayor to execute the Authority Agreement and Letter Agreement; and authorizes the Mayor, Town Manager and Town Attorney to review and approve any additional amendments to Authority Agreement and Letter Agreement to correct typographical, citation, reference and grammar errors and such amendments as may be determined acceptable to the other members of the Authority which do not adversely affect the interests of the Town of Avon. ADOPTED April 8, 2015. AVON TOWN COUNCIL BY:_______________________________ Attest:_____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk {00438220.DOCX /} 1 AUTHORITY AGREEMENT AMENDING AND RESTATING THE AGREEMENT ESTABLISHING THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE MASTER SERVICE CONTRACT THIS AMENDED AND RESTATED AGREEMENT, (“Authority Agreement”) establishing the Upper Eagle Regional Water Authority (“Authority”) is made and entered into this ___ day of __________, 201__, by and among ARROWHEAD METROPOLITAN DISTRICT, TOWN OF AVON (its predecessor being the Avon Metropolitan District), BEAVER CREEK METROPOLITAN DISTRICT, BERRY CREEK METROPOLITAN DISTRICT, EAGLE-VAIL METROPOLITAN DISTRICT, and EDWARDS METROPOLITAN DISTRICT, all of which are municipal or quasi-municipal corporations of the State of Colorado, all of which are located in the County of Eagle, State of Colorado (referred to individually as a “Contracting Party” and collectively as the “Contracting Parties”). RECITALS WHEREAS, each of the Contracting Parties is authorized to own and operate water systems or facilities and is empowered to supply water for domestic and other public and private purposes by any available means, and to provide all necessary property, diversion works, reservoirs, treatment works and facilities, equipment and appurtenances incident thereto; and WHEREAS, any combination of municipalities, special districts or other political subdivisions of this state that are authorized to own and operate water systems or facilities may establish, by contract with each other, a separate governmental entity, to be known as a water authority, to be used by the contracting parties to effect the development of water resources, systems, or facilities in whole or in part for the benefit of the inhabitants of such contracting parties or others at the discretion of the board of directors of the water authority, C.R.S. § 29-1-204.2 (the “Act”); and WHEREAS, such contractual relationships between local governments are encouraged by Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., to provide intergovernmental services and facilities, when authorized by their governing bodies; and EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 2 WHEREAS, the Authority was established by the Contracting Parties as a political subdivision and a public corporation of the State of Colorado, separate from the Contracting Parties and having the duties privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate, by the Agreement Establishing the Upper Eagle Regional Water Authority made on September 18, 1984 and as amended on April 1, 1985 (“EA”); since its establishment, the Authority has been and shall continue to be used by the Contracting Parties to effect the development of water resources, systems, and facilities in whole or in part for the benefit of their inhabitants or others at the discretion of the Board of Directors of the Authority; and the Authority is now the largest water service provider in Eagle County and is governed by a board of directors appointed by the governing bodies of the Contracting Parties; and WHEREAS, the Contracting Parties entered into an Amended and Restated Master Service Contract (“MSC”) made as of January 1, 1998. The Contracting Parties and the Authority desire to amend and restate the MSC and replace it by this Authority Agreement to re-affirm the conveyance of their individual Water Systems to the Authority and for simplification and accommodation of changes in operation and law; and WHEREAS, the establishment of the Authority by the Contracting Parties in Eagle County, Colorado, has served a public purpose and has promoted the health, safety, prosperity, security and general welfare of the inhabitants and taxpayers of the Contracting Parties, Eagle County, and the State of Colorado; and WHEREAS, the Authority provides treated water to customers of third parties by contract under substantially the same terms, conditions and costs under which it provides treated water to its Water Service Customers, as hereinafter defined. The third parties presently so served are: A. EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC, and PVRT NOTT III LLC, per agreement with Eagle-Vail originally dated May 15, 1997, with a First Amendment dated June 22, 1999, under which the Town of Avon has been substituted for Eagle-Vail to provide water service to the Village at Avon that has now been annexed to the Town of Avon; B. Kensington Partners, Stag Gulch Partners, and Galena Partners (collectively known as the Partnerships), per an Amended and Restated Water Service Agreement with Cordillera Metropolitan District as successor to Squaw Creek Metropolitan District to provide water service to the Cordillera service area; EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 3 C. Bachelor Gulch Metropolitan District, under Section 9(b) of an Exclusion Agreement between Beaver Creek and Vail Associates, Inc., dated January 4, 1995; and D. Chateau St. Claire (now known as The Ascent), per a Water Service Agreement with Eagle-Vail, dated December 12, 1996, which is now annexed to and served through the Town of Avon. WHEREAS, it is the responsibility of the Authority to provide a dependable legal and physical supply of water to the Contracting Parties in all reasonably foreseeable hydrologic conditions; and WHEREAS, it is the responsibility of the Authority to meet its water service obligations to any third party it serves by contract. WHEREAS, the Contracting Parties and the Authority now wish to replace the EA and the MSC, which are hereby known as the “Authority Agreement.” NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements and promises set forth hereinafter, the Contracting Parties agree to replace, amend and restate Agreement Establishing the Upper Eagle Regional Water Authority made on September 18, 1984 and as amended on April 1, 1985, and the Amended and Restated Master Service Contract made and entered into as of January 1, 1998, by this Authority Agreement to read in its entirety as follows: ESTABLISHMENT OF UPPER EAGLE REGIONAL WATER AUTHORITY 1. Effective Date. The effective date of this Authority Agreement shall be April 1, 2015, or 30 days following the last approval by a Member, whichever later occurs. As of the effective date of this Authority Agreement, the EA and the MSC are hereby superseded and all water rights activities and formal Board actions, consents and approvals of the Authority taken prior to the Effective Date are hereby ratified and affirmed, and any contracts or stipulations entered into or decrees obtained remain in full force and effect, except as provided in Paragraph 49. Such Board actions, consents and approvals shall include all formal actions of the Board and all contracts, stipulations, settlements, decrees and other water rights activities approved on behalf of the Authority by an authorized representative (including without limitation the Authority general manager or legal counsel), which actions were noticed to the Board in Authority Board meeting minutes or public Authority board meeting packets, or where copies of the contracts, stipulations, settlements, decrees or other water rights activities were given to the Authority Board and no objection was raised. The organization of the Authority pursuant to law and the obligations incurred by and the bonds of such EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 4 Authority issued after September 18, 1984, and the proceedings related thereto, are hereby validated. 2. Term. This Authority Agreement shall remain in effect until the Authority has no bonds, notes or other obligations outstanding in accordance with the terms of such obligations and the Contracting Parties unanimously consent to the dissolution of the Authority. The Initial Term of this Authority Agreement shall be ten (10) years ending on December 31, 2023, but such term shall be subject to automatic renewal and extension for successive ten (10) year terms thereafter unless all of the Contracting Parties unanimously approve changes to this Authority Agreement during any extended term to be effective on the first day of the extended term, including provision for payment of all bonds, notes and other obligations outstanding in accordance with their terms. 3. Establishment of the Upper Eagle Regional Water Authority. By contract with each other as authorized by the Act, the Contracting Parties do hereby ratify and affirm the establishment of the Upper Eagle Regional Water Authority (“Authority”) on September 18, 1984, a political subdivision and a public corporation of the State of Colorado, separate from the Contracting Parties and having the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The Contracting Parties have developed water resources, systems and facilities for the benefit of their inhabitants which are now owned or leased by and operated by the Authority to provide water service directly to Authority Water Service Customers residing within and without the jurisdictional boundaries of the Contracting Parties. The legislative power of the Authority is vested in its Board of Directors. The Board of Directors operates by a majority vote on some items, a super-majority (majority plus one) vote on other items and unanimous consent to add a Contracting Party or to modify this Authority Agreement. The Authority may continue to operate in perpetuity until rescinded or terminated by the Contracting Parties, except that such contract may not be rescinded or terminated so long as the Authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise has been made. Under the Act, the Authority’s powers include, but are not limited to the power to make and enter into contracts; to employ agents and employees; to acquire, construct, manage, maintain, or operate water systems, facilities, works or improvements, or any interest therein; to condemn property for public use as rights-of-way; to incur debts, liabilities, or obligations; to sue and be sued in its own name; to have and use a corporate seal; to fix, maintain, and revise fees, rates, and charges for functions, services or facilities provided by the Authority; to adopt, by resolution, rules and regulations respecting the exercise of its powers and the carrying out of its purposes; to exercise any other powers which are EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 5 essential to the provision of functions, services or facilities by the entity and which are specified in this Authority Agreement; to do and perform any acts and things authorized by the Act under, through, or by means of an agent or by contracts with any person, firm or corporation; to permit other municipalities, special districts, or political subdivisions of this state that are authorized to provide water to enter the contract at the discretion of the Board of Directors, subject to fulfilling any and all conditions or requirements of the contract establishing the Authority, except that rates need not be uniform between the Authority and the Contracting Parties; and to provide for the rehabilitation of any surfaces adversely affected by the construction of water pipelines, facilities, or systems through the rehabilitation of plant cover, soil stability, and other measures appropriate to the subsequent beneficial use of such lands. 4. Definitions. The terms listed in this Paragraph shall have the meanings herein specified for all purposes of this Authority Agreement, and of any instrument or document appertaining hereto, except where the context, by clear implication otherwise requires. a. “Act” shall mean C.R.S. § 29-1-204.2, as amended, which provides for creation of, and establishes powers attendant to, water authorities. b. “Annual Budget” shall mean, with respect to a Contract Year, the budget of the Authority prepared in accordance with Paragraph 25 hereof for such Contract Year, or, in the case of an amended Annual Budget, for the remainder of such Contract Year. c. “Annual Costs” shall mean, with respect to a Contract Year, and to the extent not paid or to be paid from the proceeds of Obligations or other funds legally available to the Authority, the Cost of Authority Assets, and all costs and expenses of the Authority that are paid or incurred during such Contract Year and are allocable to Authority Assets, including, but not limited to, the payment of the Debt Service, the Operation and Maintenance Expenses, and all Depreciation and Replacement Expenses. d. “Authority” shall mean the Upper Eagle Regional Water Authority. e. “Authority Assets” shall mean the water rights and facilities owned by the Authority on the effective date of this Authority Agreement, including the Contracting Parties’ former Water Systems, and the shares in the Eagle Park Reservoir Company representing up to 579 acre-feet of Eagle Park Reservoir Project Yield water. Definition and scope of Authority Assets shall automatically be further modified in the future by water rights and facilities acquired by or disposed of by the Authority during the term of this Authority Agreement. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 6 f. “Base Charge” shall mean the amount charged each SFE irrespective of quantity of water used, which charge may be modified as provided in subparagraph a of paragraph 22 of this Authority Agreement. g. “Cash-in-Lieu of Water Rights Fee” shall mean a payment of cash in lieu of the dedication of water rights, in the discretion of the Authority’s Board of Directors, sufficient to serve the applicant’s proposed water demands and uses as required by the Authority’s Board of Directors. h. “Contract Year” shall mean a year coterminous with the fiscal year of the Authority for the purpose of calculating Annual Costs. i. “Costs of Authority Assets” shall mean the Authority’s capital costs properly attributable to the construction and other acquisition of Authority Assets, including, but not limited to: (1) the cost of acquisition by or for the Authority of real or personal property or any interest therein; (2) costs of physical construction, engineering, inspection, fiscal, and legal expenses relating to Authority Assets; (3) interest which is estimated will accrue during the construction or other acquisition period and for a period not exceeding one (1) year thereafter on Obligations; (4) any discount on the sale of the Obligations; costs of financial, professional, and other estimates relating to Authority Assets; (5) any administrative, operating, and other expenses of the Authority prior to and during any acquisition period and for a period not exceeding one (1) year thereafter, attributable to Authority Assets as may be determined by the Board of Directors; (6) all other expenses as may be necessary or incident to the financing, acquisition, improvement, equipping, and completion of Authority Assets and the placing of the same in operation; and (7) provision of reserves for working capital, Operation and Maintenance Expenses or for payment or security of principal or interest on the Obligations as the Board of Directors may determine. j. “Debt Service” shall mean, with respect to any period, the aggregate of the amounts of principal, interest and redemption premium, if any, required to EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 7 be paid from revenues of the Authority during said period on any Obligations then outstanding in accordance with their terms. k. “Debt Service Rate/Fees” shall mean a billing rate that when applied to the Customer account’s SFE factor, results in a portion of the charges due from the Customer to the Authority. Revenues collected by the Authority from Debt Service Fees are used by the Authority specifically to pay debt service on borrowed funds. l. “Depreciation and Replacement Expenses” shall mean a charge to operations of the Cost of Authority Assets based on the calculated useful life of such Assets. m. “Dwelling Unit” shall mean a habitation of an average size. n. “Obligations” shall mean bonds, notes, or other evidences of borrowing by the Authority for purposes of acquiring or constructing Authority Assets or any bond, note or other borrowing executed and delivered to refund same. o. “Operation and Maintenance Expenses” shall mean all expenses incurred in the operation and maintenance of the Authority’s Water System and normally recurring expenses incurred by the Authority in the conduct of its activities which are properly Authority costs under generally accepted accounting principles as applied to governmental units. Such term does not include Depreciation and Replacement Expenses or reserves therefor, or Debt Service on the Authority’s Obligations, or principal of or interest on any other borrowing of the Authority. p. “Plant Investment Fee” shall mean the one-time charge per SFE for each property served by the Authority as a pro-rata share of the capital costs necessary to serve new development. Receipts from Plant Investment Fees may offset the Debt Service Fee unless the Board of Directors reserves such revenues for capital improvements in a Restricted Reserve Fund. Plant Investment Fee is subject to increases by the Board of Directors of the Authority as provided in subparagraph a of paragraph 23 of this Authority Agreement. q. “Service Charge” shall be the charge to each customer for Water Service by the Authority, which charge shall be calculated as provided in subparagraph b of paragraph 22 of this Authority Agreement. As so calculated, the Service Charge may be identified as the Water Usage Charge in Statements issued by the Authority. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 8 r. “Single Family Equivalent Unit (SFE)” shall mean a use which is estimated to have an impact upon the Water System equal to that of the average usage of a Dwelling Unit, as determined by the Authority. s. “Surcharge” shall mean a charge unilaterally imposed by a Contracting Party on a customer within any Contracting Party’s jurisdictional boundaries. t. “Treated Water Storage Fee” shall mean a fee charged to a customer for water storage facilities for property which is newly included into a Contracting Party, either by annexation, inclusion or contract, or property which has received an increase in its allowed density, which action has resulted in a need for additional treated water storage. u. Water Rights Cash-in-Lieu Fee” shall mean a cash payment made in lieu of water rights dedication where water rights are not available to the developer to dedicate and payment of such Fee has been specifically and formally approved by the Board of Directors of the Authority. v. “Water Rights Fund” shall mean the fund or escrow of monies received for water rights purchases and expenses. Water Rights Cash-in-Lieu Fees and related revenues shall be deposited to this Fund. w. “Water Service” shall mean the Authority’s construction and other acquisition of Authority Assets, its diversion, storage, treatment, transmission of water for use by inhabitants of the Authority’s service area or others, and its maintenance of Authority Assets at all times in good and workable condition and available for such transmission. x. “Water Service Customer” shall mean customers of the Authority residing within and without the jurisdictional boundaries of the Contracting Parties receiving water service from the Authority. y. “Water System” shall mean all facilities and properties, real, personal, mixed or otherwise, now owned or hereafter acquired for provision of Water Service by any Contracting Party or the Authority through purchase, construction, or otherwise, and in any way appertaining thereto, whether situated within or without the limits of the Contracting Parties, or both within or without the limits of the Contracting Parties, excluding water rights. z. “Water Tap Fee” shall mean the impact fee or similar development charge that may be imposed by a Contracting Party pursuant to C.R.S. § 29-20- 104.5 to fund expenditures by such local government on water capital EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 9 facilities needed to serve new development within its jurisdictional boundaries. Water Tap Fees shall, unless formally requested not to, be collected by the Authority and remitted to the Contracting Party imposing the Water Tap Fee for expenditure on capital facilities needed to serve the new development for which the Water Tap Fee was imposed. 5. Purposes. The purposes of the Authority are to supply water for domestic and other public and private purposes; to provide all necessary water diversion works, reservoirs, treatment works and facilities, equipment and appurtenances incident thereto; to effect the development of water resources, systems or facilities, in whole or in part, for the use and benefit of the Contracting Parties, their inhabitants, and others; and to provide efficient, effective, and reliable water service. 6. Functions or Services. The functions or services to be provided by the Authority are the provision of treated water to persons residing within the boundaries of the Contracting Parties and to others residing within the Service Area of the Authority and having a water tap served by the Authority’s water distribution system (collectively “Water Service Customers”), by: a. Acquiring raw water from the Contracting Parties, from others with whom the Authority contracts to furnish treated water, and from those persons or entities who have raw water available for treatment and use by the Contracting Parties or others. b. Acquiring, constructing, owning, reconstructing, improving, rehabilitating, repairing, operating, and maintaining by way of illustration and not limitation, the following: raw water diversion, transmission and storage facilities; water treatment facilities and treated water storage systems, together with any and all appurtenances thereto; or interests in any of the above-described facilities, for the purpose of diverting and delivering raw water to the treatment facilities, treating such water, and delivering treated water from the treatment facilities to the Authority’s Water Service Customers. c. Acquiring water rights and developing water resources for treatment, augmentation and use by the Contracting Parties, their inhabitants, and others. d. Selling treated water to the Authority’s Water Service Customers. e. Providing such other services or functions as may be authorized by law and determined by the Authority Board of Directors, to be in the best interests of the Contracting Parties and the Authority’s Water Service Customers. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 10 7. Powers of the Authority. To enable the Authority to carry out its functions and provide the services described herein, the Authority, acting by and through its Board of Directors, shall have the following general powers: a. To develop water resources, systems and facilities, in whole or in part, for the benefit of the Contracting Parties and the Authority’s Water Service Customers or others, at the discretion of the Board of Directors, subject to fulfilling the terms and conditions of this Authority Agreement. b. To acquire, own, construct, manage, maintain, or operate water systems, facilities, works, or improvements, or any interest therein. c. To acquire, hold, lease (as lessor or lessee), sell or otherwise dispose of any legal or equitable interest in real or personal property, including water rights, utilized for the purposes of raw water diversion, storage, transmission and treatment, storage and distribution of treated water, in the discretion of the Authority’s Board of Directors. d. To conduct its business and affairs for the benefit of the Contracting Parties and its Water Service Customers, in the discretion of the Authority’s Board of Directors. e. To enter into, make and perform contracts of every kind with other local governmental entities, the State of Colorado, or any political subdivision thereof, the United States, or any political subdivision thereof, and any individual, firm, association, partnership, corporation or any other organization of any kind. f. To hire agents, including, but not limited to, engineers, attorneys, architects and consultants, and employees. g. To incur debts, liabilities or obligations to the extent and in the manner permitted by law, and borrow money and, from time to time, to make, accept, endorse, execute and deliver bonds, notes and other obligations of the Authority for moneys borrowed; or in payment for property acquired, or for any of the other purposes, services or functions of the Authority, as provided by law; and to the extent permitted by law, to secure the payment of any such obligations by mortgage, pledge, deed, indenture, agreement or other collateral instrument, or by other lien upon or assignment of all or any part of the properties, rights, assets, contracts, easements, revenues and privileges of the Authority; provided, however, in no event shall the Authority be authorized to encumber any interest in water rights assigned or leased to the Authority by a Contracting Party, unless authorized by the Contracting Party. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 11 h. To own, operate and maintain real and personal property and facilities in common with others, and to conduct joint, partnership, cooperative or other operations with others, and to exercise all powers granted herein in joint, partnership or cooperative efforts and operations with others. i. To condemn property for use as rights-of-way only if such property is not owned by any public utility and devoted to public use pursuant to State authority. j. To adjudicate, operate and administer changes of water rights and plans for augmentation, and to keep appropriate records in connection therewith. The water rights held by or leased to the Authority shall be used in an integrated fashion for the benefit of all Authority members and contractees, such an integrated water system being one of the purposes for which the Authority was formed. k. To sue, and to be sued, in its own name. l. To have and use a corporate seal. m. To fix, maintain and revise fees, rates and charges for all water functions, services or facilities provided by the Authority; such rates and charges to be in such amount or amounts as necessary to provide for the acquisition or development of raw water, the operation and maintenance of Authority facilities, debt service and reserves, capital improvements and other obligations and expenses of the Authority. All Water Service Customers shall be charged at the same rate for treated water delivered to their water meter, unless non-uniformity of rates is required by bond covenants, and in such case, the non-uniformity of rates shall be subject to the approval of the Authority’s Board of Directors. The requirement for uniform rates for the Water Service Customers shall not prohibit the Authority from a rate structure incorporating peak period pricing concepts or an increasing block or tier rate based upon per capita consumption rates. The Authority shall not utilize a declining block rate structure. The requirement for uniform rates for the Water Service Customers shall not prohibit the Authority from entering into water service agreements with third parties providing for different fees, rates and charges in the discretion of the Board of Directors. n. To adopt, by resolution, rules and regulations respecting the exercise of its powers and carrying out of its purposes. o. To receive contributions, gifts, bequests or other grants of cash, equipment or services from the Contracting Parties or other entities, individuals, or political subdivisions. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 12 p. To do and perform any acts and things authorized by the Act under, through, or by means of an agent or by contracts with any person, firm, corporation or special district. q. Subject to approval of the governing bodies of the Contracting Parties as hereinafter provided, to permit other municipalities, special districts, or political subdivisions of this State that are authorized to supply water to enter the Authority Agreement as an additional Contracting Party at the discretion of the Board of Directors, subject to fulfilling any and all conditions or requirements of the Authority Agreement or requirements established by the Board of Directors; except that rates need not be uniform between the Authority and an additional Contracting Party. r. To provide for, if required, the rehabilitation of any surfaces adversely affected by the Authority’s construction of water pipelines, facilities or systems through the rehabilitation of plant cover, soil stability, pavement, and other measures appropriate to the subsequent beneficial use of such lands. s. In general, to exercise all powers which are now, or hereinafter may be, conferred by law upon a water authority organized pursuant to the Act, or its contracting parties, or necessary, incidental, convenient or conducive to the attainment of its purposes and provision of its functions, services and facilities, subject to such limitations as are, or may be, prescribed by law or this Authority Agreement. 8. Board of Directors. The governing body of the Authority shall be the Board of Directors in which all legislative power of the Authority is vested. a. Number: The number of Directors shall be equal to the number of Contracting Parties (currently six). Each Contracting Party shall be entitled to fill one Director’s position which shall be by appointment made by the governing body of that Contracting Party. Each Director shall be entitled to cast one (1) vote. The Director representing a Contracting Party in default under the Authority Agreement shall lose voting rights until the default is cured. b. Appointment: The governing body of each Contracting Party shall appoint one (1) principal member of the Board of Directors, and one or more alternate members who, in the discretion of the Contracting Party, may or may not be an elected official of that Contracting Party. Such alternate member shall act and vote only in the absence of the principal member appointed by the same body. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 13 c. Term: Each Director shall serve at the pleasure of the governing body of the Contracting Party by whom he or she was appointed until replaced at the pleasure of that governing body. d. Vacancies: A vacancy occurring in the Board of Directors, whether such vacancy be the result of loss of eligibility, resignation, death, removal or disability, shall be filled in the same manner of appointment or selection as provided above. e. Compensation: Directors may receive compensation for their services within statutory limits, if any, as may be provided by resolution of the Board of Directors, and the Board of Directors, by resolution, shall provide for reimbursement to the Directors of their actual expenses incurred on behalf of the Authority. f. Regular Meetings: The Board of Directors, from time to time, may provide by resolution for the time and place of holding regular meetings without notice to the Directors, other than such resolution. g. Special Meetings: Special meetings of the Board of Directors may be held as often as the needs of the Authority require, upon notice to each Director as hereinafter provided. h. Notice of Meetings: Notice of the time and place designated for all regular meetings shall be posted in at least three public places within the Service Area of the Authority, and, in addition, one such notice shall be posted in the office of the Eagle County Clerk and Recorder. Such notices shall remain posted and shall be changed in the event that the time or place of such regular meetings is changed. Special meetings may be called by any director by informing the other directors of the date, time, and place of such special meeting, and the purpose for which it is called, and by posting notice as provided by law at least seventy-two hours prior to said meeting. Notice of any regular or special meeting may also be posted on the Authority’s website. All official business of the Board of Directors shall be conducted only during said regular or special meetings at which a quorum is present, and all said meetings shall be open to the public. i. Waiver: Whenever any notice is required to be given to any Director of the Authority under the provisions of law or this Authority Agreement, a waiver thereof in writing signed by such Director, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a Director at any meeting of the Board of Directors shall constitute a waiver by such Director of notice of such meeting, except when such Director attends such meeting for the express purpose of objecting to EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 14 the transaction of any business because the meeting is not lawfully convened. j. Quorum: A majority of the Directors then in office shall constitute a quorum for the transaction of business; provided that, if less than a quorum is present, the Directors present may adjourn the meeting from time to time, provided, further, that the Secretary shall notify any absent Directors of the time and place of such adjourned meeting. Unless otherwise provided herein, the act of a majority of the Directors present at a meeting at which a quorum is present shall be an act of the Board of Directors. k. Duties of the Board: The duties of the Board of Directors shall be: (1) To govern the business and affairs of the Authority. (2) To exercise all powers of the Authority. (3) To comply with the provisions of Part 1 (Local Government Budget Law of Colorado), Part 5 (Local Government Uniform Accounting Law) and Part 6 (Local Government Audit Law) of Article 1, Title 29 of C.R.S., as amended. (4) To adopt a budget which complies with statutory and other restrictions imposed by law on the affairs of the Authority. (5) To monitor, accept, authorize and/or approve the financial transactions of the Authority. (6) To provide for the services of a firm of independent certified public accountants to audit and examine, at least annually, the financial records and accounts of the Authority, and to report thereupon to the Board of Directors. (7) To keep records of the Authority’s proceedings. (8) To adopt such by-laws as appropriate for the conduct of its business not in conflict herewith. 9. Officers. The Officers of the Authority shall be a Chairman, Vice-Chairman, Secretary, Treasurer, and such other officers and assistant officers as may be authorized by the Board of Directors from time to time, to perform such duties as may be approved by the Board of Directors. The Chairman, Vice-Chairman and Treasurer shall be principal members of the Board of Directors, but the other Officers of the Authority need not be members of the Board. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 15 a. Regular Elections and Term of Office: At the first regularly scheduled meeting after regular special district elections, the members of the Board of Directors shall elect Officers who shall serve as Officers of the Authority until the next succeeding election of Officers or until their successors are elected and qualified. Vacancies or new offices may be filled at any meeting of the Board of Directors. b. Removal: Any officer or agent elected or appointed by the Board of Directors may be removed by the Board of Directors, with or without cause, whenever in its judgment the best interests of the Authority will be served thereby. c. Duties of Officers: In addition to duties designated by the Board of Directors, the duties of the officers shall include the following: (1) Chairman. The Chairman shall preside at all meetings of the Board of Directors and, except as otherwise delegated by the Board of Directors, shall execute all legal instruments of the Authority. (2) Vice-Chairman. The Vice-Chairman shall, in the absence of the Chairman, or in the event of his inability or refusal to act, perform the duties of the Chairman, and when so acting, shall have all the powers of, and be subject to all restrictions upon, the Chairman. (3) Secretary. The Secretary shall maintain the official records of the Authority, including this Authority Agreement, by-laws, rules and regulations established by the Board of Directors, minutes of the meetings of the Board of Directors, and a register of the names and addresses of the Directors and Officers, and shall issue notice of meetings and attest and affix the corporate seal to all documents of the Authority. (4) Treasurer. The Treasurer shall serve as financial official of the Authority, and pursuant to the budget adopted by the Board of Directors governing the financial transactions of the Authority and the restrictions imposed by law, be responsible for the receipt, custody, investment and disbursement of the Authority’s funds and securities, and for duties incident to the office of Treasurer. (5) General Manager; Legal Counsel, Auditor and Special Consultants. The Board of Directors may appoint a General Manager or contract with an administrator to serve in such capacity for such term and upon such conditions, including compensation, as the Board may establish, or the Board of Directors may enter into an Operations EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 16 Agreement for management services as authorized by Section 28 of this Authority Agreement. The General Manager or administrator shall report directly to the Board of Directors of the Authority. Such General Manager or administrator shall have general supervision over the administration of the affairs, employees and business of the Authority and shall be charged with the hiring and discharging of employees and the management of the Authority properties. Such General Manager or administrator shall have the care and custody of the general funds of the Authority and shall deposit or cause to be deposited the same in the name of Authority in such banks or savings associations as the Board of Directors may select. Such General Manager or administrator will approve all vouchers, orders and checks for payment, and shall keep or cause to be kept regular books of account of all Authority transactions and shall obtain, at the Authority’s expense, such bond for the faithful performance of his or her duties as the Board of Directors may designate. The Board of Directors may delegate such powers and duties to the General Manager or administrator as it deems appropriate, and authorize its General Manager to execute any contracts approved by the Board of Directors in each Contract Log, or otherwise in a formal meeting. The Board of Directors may also engage the services of General Counsel, Water Counsel, Special Counsel, the Auditor, and any special consultants as necessary to the management and operations of the Authority. (6) Assistant Secretaries and Assistant Treasurers. The Board may appoint such assistants as it deems necessary and appropriate. (7) Miscellaneous. The duties and functions of the Secretary and the Treasurer may be performed by a single individual who shall be a principal member of the Board. If the individual performing the duties of Secretary is not a member of the Board of Directors, such individual may receive such compensation as is deemed appropriate by the Board of Directors. d. Bonds of Officers. The Treasurer and any other Officer or agent of the Authority charged with the responsibility for the custody of any of its funds or property shall give bond in such sum and with such surety as the Board of Directors shall determine. The Board of Directors, in its discretion, may also require any other Officer, agent or employee of the Authority to give bond in such amount and with such surety as shall be determined. The cost of such bond shall be an expense payable by the Authority. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 17 10. Indemnification of Directors, Officers and Employees. a. Directors, Officers and Employees: Each Director, Officer or Employee of the Authority, whether or not then in office, and his or her personal representatives, shall be indemnified by the Authority to the extent permitted by law against all costs and expenses actually and necessarily incurred by him or her in connection with the defense of any action, suit or proceeding in which he or she may be involved or to which he or she may be made a party by reason of his or her being, or having been, such Director, Officer or Employee, except in relation to matters as to which he or she shall be finally adjudged in such action, suit or proceeding to be liable for willful negligence or misconduct in the performance of his or her duties. The Authority shall pay the costs and expenses actually and reasonably incurred by a Director, Officer or Employee in connection with the defense of any allegation, action and proceeding arising out of an act or omission of such person during the performance of such person’s duties within the scope of such person’s service or appointment, including reasonable attorneys’ fees, where the action lies or could lie in tort, including any such action brought pursuant to Federal law in any court of this State, in accordance with the Colorado Governmental Immunity Act. As a prerequisite to such payment, the Director, Officer or Employee must furnish the District with an affidavit stating that the action against him or her is not purely personal; that, to his or her reasonable belief, the act or omission upon which the claim is based reasonably relates to the business affairs of the Authority; and that the Director, Officer or Employee acted in good faith and in a manner which a reasonable person would have acted under the circumstances and which was not opposed to the best interests of the Authority. However, the Authority shall not pay such judgment or settlement and shall seek reimbursement from the Director, Officer or Employee for the actual costs of his or her defense, including actual attorneys’ fees, where it is determined by a court of competent jurisdiction (a) that the injuries did not arise out of an act or omission of the Director, Officer or Employee occurring during his or her term of appointment or employment with the Authority and within his or her scope of duties or employment, or (b) that, unless otherwise expressly authorized by the Board of Directors of the Authority, the Director’s, Officer’s or Employee’s act or omission was willful and wanton. Such costs and expenses shall include amounts reasonably paid in settlement for the purpose of curtailing the cost of litigation in the reasonable discretion of the Board. The foregoing right of indemnification shall not be exclusive of other rights to which the Director, Officer or Employee may be entitled as a matter of law or by agreement. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 18 b. Payment: All claims to be paid as a result of the indemnification provided hereunder shall be paid by the Authority or its insurer up to, but not to exceed the applicable limitations under the Colorado Governmental Immunity Act. The Authority specifically reserves any defenses which are available to any Director, Officer or Employee under the Colorado Governmental Immunity Act or by common law. The Authority may pay judgments and settlements in accordance with the Colorado Governmental Immunity Act even if sovereign immunity bars the action against the Authority. 11. Prior Conveyances of Water Systems. The Contracting Parties and other parties served by contract have previously conveyed to the Authority their individual water systems, except for certain golf course water systems, raw water storage and raw water irrigation systems, subject to existing agreements between the Authority and any Contracting Party. The customers of the Contracting Parties thereby became Water Service Customers of the Authority. The Authority shall make Rules and Regulations concerning the operation of the Authority’s Water System, except as to the amount of the Water Tap Fees and Surcharges. These Water Systems were accepted by the Authority in “as is” condition and (subject to any contract obligations) all future maintenance, repair and upgrade expenses became the obligations of the Authority, and not the obligations of the Contracting Parties or the third party served by contract. The conveyance of water systems effected by the MSC is hereby ratified and confirmed. 12. Water Rights. The Contracting Parties have leased and/or conveyed to the Authority all of the Contracting Parties’ right, title and interests in and to the Contracting Parties’ water rights and may lease, convey or assign additional water rights in the future (“Water Rights”), including the right to use all diversion ditches, pipelines, headgates and structures, reservoirs or other storage structures, pumps, casings, and other improvements and easements associated or used in connection with the Water Rights (the “Associated Improvements”), for the Authority’s use in carrying out its functions and providing Water Service in accordance with the terms hereof. The provisions of such leases, as they have been and may be amended from time to time, or any conveyances or assignments are not intended to be modified by this Authority Agreement. The Authority shall maintain the Associated Improvements. The Contracting Parties shall have the right to continue to own their individual water rights and Associated Improvements, or to convey them to the Authority. The Authority shall be solely responsible for future adjudication and diligence proceedings and absolute conversion proceedings for the Water Rights, provided that the respective Contracting Party shall have the right, but not the obligation, to participate in any proceeding in which its leased Water Rights are involved as a co-applicant for the purpose of monitoring such proceedings and to protect the respective Contracting EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 19 Party’s leased Water Rights. In the event a Contracting Party elects to participate as a co-applicant in any proceeding in which its leased Water Rights are involved, the Authority agrees that the filing, any pleadings, and any stipulation shall be subject to consent of the co-applicant Contracting Party, which consent shall not be unreasonably withheld. The election by a Contracting Party not to participate as a co-applicant in any adjudication, change or diligence proceeding involving leased Water Rights after receiving notice of such application or proceeding shall be deemed to constitute affirmative consent to the Authority’s adjudication of any changes to the Water Rights that are deemed appropriate by the Authority including, but not limited to, the type of use, place of use, points of diversion, and quantification of historic use. The Authority also agrees to administer each Contracting Party’s leased augmentation plans, exchanges, and water rights change decrees according to the terms of the decrees, and use its best efforts to protect those leased Water Rights from injury, including the filing of statements of opposition in Water Courts as deemed appropriate by the Authority. 13. Assets Held in Trust. All assets and properties of the Authority shall be held in trust by the Authority for the Contracting Parties for the purposes herein mentioned, including the payment of liabilities of the Authority. 14. Financial Obligations of the Authority. The bonds, notes, and other obligations issued by the Authority shall not be the debts, liabilities, or obligations of the Contracting Parties because the Contracting Parties have provided for payment to the Authority of funds from proprietary revenues for water services rendered by the Authority; from proprietary revenues or other public funds as contributions to defray the costs of any its purposes; and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the Authority. The Authority is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived from the function, service, system or facility or the combined functions, services, systems, or facilities of the Authority or from any other available funds of the Authority. The terms, conditions and details of any bonds, notes, and other obligations of the Authority, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and, as nearly as may be practicable, shall be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations so issued by the Authority shall not constitute an indebtedness of any Contracting Party within the meaning of any constitutional or statutory limitations or other provision. Each bond, note, or other obligation so issued by the Authority shall recite in substance that said bond, note, EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 20 or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the Authority pledged for the payment thereof and that said bond, note, or other obligation does not constitute a debt of the Authority or the Contracting Parties within the meaning of any constitutional or statutory limitation or provision. Notwithstanding any statutory provision to the contrary, such bond, notes, and other obligations of the Authority may be issued to mature at such times not beyond forty years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be determined by the Board of Directors of the Authority. The resolution, trust indenture, or other security agreement under which any bonds, notes, or obligations of the Authority are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the Board of Directors of the Authority to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the Authority. To the extent permitted by law, the bonds, notes, and other obligations of the Authority and the income therefrom shall be exempt from taxation by the State of Colorado, except inheritance, estate, and transfer taxes. 15. Consolidation of Two or More Contracting Parties. If any two (2) or more of the Contracting Parties consolidate either their water service function or all of their respective functions, then, in that event, the entity in existence, after court approval of such consolidation, shall be the successor in interest to all those Contracting Parties which have been so consolidated. Upon issuance of a court order establishing a consolidated entity, those Contracting Parties consolidating shall no longer be entitled to separate representation on the Authority’s Board of Directors. Instead, the consolidated entity shall be entitled to one (1) principal member on the Board of Directors whose selection and term shall be as provided herein. As successor in interest, the consolidated entity shall have all rights, powers, duties, and obligations hereunder as the original Contracting Parties. 16. Dissolution of the Authority. Dissolution (including any sale of Authority Assets) shall require the unanimous consent of the Contracting Parties and provision for a successor entity or entities that will continue to provide service to the Water Service Customers. If the Authority then has financial obligations or outstanding bonds, any provision for dissolution shall specifically provide either that all such financial obligations shall be paid in full by the Authority or that funds or securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., shall be placed in escrow, prior to dissolution, in a state or national bank within this state having trust powers and which is a member EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 21 of the federal deposit insurance corporation and stating that such funds or securities will be sufficient for the payment of the financial obligations and outstanding bonds of the Authority and all expenses related thereto, including charges of any escrow agent. Upon dissolution without conveyance of all Water Rights (as defined herein) and assets to a successor entity, the interests in Unallocated Water Rights (as defined herein) and net assets of the Authority shall be distributed to each Contracting Party in proportion to the average annual amount of treated water sold within the boundaries of each Contracting Party to the total annual amount of treated water sold to all Contracting Parties. 17. Adding or Deleting Parties. No party may be added to this Authority Agreement as a Contracting Party without the unanimous consent of all Contracting Parties authorized by a written document formally approved by the governing body of each Contracting Party. A party added as a Contracting Party shall be subject to such terms and conditions as the Board of Directors, in its sole discretion, may determine; provided, however, that a new Contracting Party shall be assessed a capital investment fee to cover its pro rata share of the costs of those capital assets previously purchased or constructed by the Authority for joint use by all Contracting Parties. A Contracting Party may withdraw from this Authority Agreement by written document authorized by the governing body of such Contracting Party, which shall be presented to the Authority not earlier than June 1st or later than July 15th of any calendar year; provided, however, such withdrawing Contracting Party shall remain liable for any and all financial obligations and all indebtedness incurred pursuant to any contract between the Authority and the Contracting Party pursuant to which the Authority provides service to the Contracting Party and shall remain liable for its proportionate share of outstanding Obligations on the date of withdrawal, as defined in Section 16. If a withdrawing Contracting Party wishes to no longer receive water service from the Authority and to reacquire the components of its individual Water System not used to provide water service to Customers of the Authority residing outside the jurisdictional boundaries of the withdrawing Contracting Party, the Authority and the withdrawing Contracting Party shall agree on terms regarding the re- conveyance of such components to the withdrawing Contracting Party and the ownership, use and maintenance of any components of the withdrawing Contracting Party's individual Water System used to provide water service to Customers of the Authority residing outside the jurisdictional boundaries of the withdrawing Contracting Party. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 22 Upon withdrawal, a withdrawing Contracting Party shall have no further interest, right or title in or to any assets or equity of the Authority, and shall forfeit its status as a “Contracting Party” with regard to its Board of Directors position and voting rights inherent therein, unless there is a specific agreement to the contrary; provided, however, that the following shall immediately vest in such withdrawing Contracting Party: a. Any water rights conveyed, assigned, leased or otherwise contributed to the Authority by such withdrawing Contracting Party or by the withdrawing Contracting Party’s predecessor for the purpose of providing water service to that Contracting Party’s water service area, which shall vest in the withdrawing Contracting Party by the Authority reconveying or reassigning such water rights to the withdrawing Contracting Party or terminating the lease to such water rights within 30 days. b. Any direct flow or storage water rights and a proportional share of any associated augmentation and exchange plans that are owned by the Authority and originally conveyed, assigned or otherwise contributed or paid for by a third party or otherwise allocated by the Authority to any withdrawing Contracting Party in return for a commitment to provide water service to a given parcel or parcels of property located within the boundaries of the withdrawing Contracting Party shall immediately vest in the withdrawing Contracting Party. Such vesting shall occur by the Authority reconveying or reassigning such water rights to the withdrawing Contracting Party within 30 days. c. The amount of Eagle Park Reservoir water owned by the Authority and allocated to any withdrawing Contracting Party in the Eagle Park Reservoir Agreement dated October 23, 1996, among the Authority and the Contracting Parties shall immediately vest in any withdrawing Contracting Party. Such vesting shall occur by the Authority assigning the shares of stock in the Eagle Park Reservoir Company for such amount of Eagle Park Reservoir water to the withdrawing Contracting Party within 30 days. d. The amount of Green Mountain Reservoir water available to the Authority under a valid contract with the Bureau of Reclamation and allocated to any withdrawing Contracting Party, if any, in the decree of the District Court in and for Water Division No. 5 in Case No. 92CW291 shall be assigned by the Authority to the withdrawing Contracting Party. The Authority shall request such assignment and implement the effect of such assignment as soon as possible after the date of withdrawal. The foregoing are hereinafter the “Allocated Water Rights.” EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 23 18. Water Rights Report. The amount of the Allocated Water Rights shall be identified in the water rights report entitled the “Analysis of Water Rights, Future Water Use, and Related Water Rights Issues” prepared for each Contracting Party and updated immediately and thereafter every two years by the Authority’s water counsel and water resource engineer (the “Water Rights Reports”). Each Contracting Party shall be provided with a copy of its updated Water Rights Report for its review and approval every two years. After a period of sixty days, each Contracting Party shall be deemed to have approved its updated Water Rights Report, unless specifically protested to the Authority by the Contracting Party. In the case of a protest of an updated Water Rights Report by a Contracting Party, the most recent accepted version of the Water Rights Report shall remain in effect until an updated Water Rights Report is accepted by the Contracting Party. The Water Rights Reports shall also identify any other direct flow water rights that are owned by the Authority and not originally conveyed by a Contracting Party, and any other storage water rights that are owned or leased by the Authority and not originally conveyed or assigned by a Contracting Party and any other water rights owned by the Authority and not allocated to a Contracting Party pursuant to the definition of Allocated Water Rights (the “Unallocated Water Rights”). The Unallocated Water Rights shall not be conveyed or assigned to a withdrawing Contracting Party and shall be retained by the Authority for its use and for the benefit of the remaining Contracting Parties. If the Contracting Party’s Allocated Water Rights significantly change in type or quantity during the interim between such updates, the Authority will revise the list of water rights allocated to that Party and provide a copy of such revised list to the Contracting Parties. WATER SERVICE BY THE AUTHORITY 19. Water Service. The Authority agrees to sell and furnish to persons and entities which are present and future customers of the Water System, all Water Service as these Water Service Customers shall reasonably require, subject to any use limitations then in effect and to the extent that the Authority shall have the capacity to provide such Water Service. The Water Service Customers shall pay the Authority the Base Charge, Debt Service Charge and Service Charges for all Water Service provided by the Authority; provided, however, that the obligation to pay for all such Water Service shall be and is an obligation of the Water Service Customers during the term hereof and, except as provided in Paragraph 49, is not a lien, charge or liability against the Contracting Parties or against any property or funds of the Contracting Parties, and the obligations to pay the Authority for all Water Service furnished hereunder does not constitute a debt, liability or obligation of the Contracting Parties and the Contracting Parties are not required to pay such obligation. The Water Service Customers shall make and pay for all connections to the Authority’s Water System. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 24 The Contracting Parties have provided their Water Rights to the Authority and have the right to the Allocated Water Rights as detailed in the Water Rights Reports. The Water Rights and Allocated Water Rights are adequate to provide Water Service to Water Service Customers and Planned Future Water Service Customers of the Authority who connect to the portion of the Authority’s Water System within each Contracting Party’s jurisdictional boundaries at the levels and amounts specified in the Water Rights Reports. For purposes of this Authority Agreement, Planned Future New Water Service Customers shall be interpreted as new potential customers of the Authority residing within the jurisdictional boundaries for the Contracting Parties that are not yet receiving water service from the Authority, but are contemplated for service under current zoning at full buildout, or which the Authority has committed to serve by contract with the Contracting Parties. Additional Future Water Service customers shall be interpreted as future potential customers of the Authority that are not currently contemplated for service under current zoning at full buildout or under contracts with the Authority and are in excess of the Planned Future Water Service Customers levels. The Contracting Parties shall have the obligation to provide additional water rights or obtain the Authority’s approval for a cash in lieu fee in amounts which are adequate to provide Water Service to Additional Future Water Service Customers of the Authority. It is mutually understood the Authority will acquire or design and construct such Authority Assets and all necessary appurtenances thereto, so as to enable it reasonably to provide all Water Service to its Water Service Customers and Planned Future Water Service Customers as part of an integrated water supply system. 20. Covenants and Representations of the Authority and the Contracting Parties. a. The Authority shall use reasonable diligence to provide Water Service hereunder and shall maintain the Authority’s Water System in good condition at all times. It is the intent of this Authority Agreement that the Authority provide water to Water Service Customers of the Authority and third parties which is treated to meet State and/or Federal Safe Drinking Water Standards and in compliance with environmental laws and regulations. If operation of the Water System shall be interrupted, or become defective by reason of force majeure, the Authority shall not be liable therefor or for damages caused thereby. b. The Authority shall diligently enforce and take all reasonable steps, actions and proceedings necessary for the enforcement of all terms, covenants and provisions of this Authority Agreement. c. The Authority covenants and agrees that it will operate, maintain and manage the Authority’s Water System or cause the same to be operated, maintained and managed in an efficient and economical manner, consistent EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 25 with sound municipal utility practice and in accordance with standards normally used by municipal utilities owning like properties to provide efficient, effective, and reliable water service. d. The Contracting Parties have provided to the Authority their Water Rights and have the right to the Allocated Water Rights detailed in the Water Rights Reports to allow continuous provisions of adequate Water Service to the Water Service Customers and Planned Future Water Service Customers of the Authority in the amounts and at the levels detailed in the Water Rights Reports, and to meet Authority’s obligations under this Authority Agreement. The Contracting Parties represent that their Water Rights and related interests are free and clear of all liens and encumbrances and, subject to physical availability of water, are sufficient to provide for all of the foregoing water needs of the Contracting Parties within their present boundaries, but recognize the Authority may use their water rights throughout the Authority’s integrated water service system. e. The provisions of this Authority Agreement are covenants of the Contracting Parties and the Authority for the benefit and protection of the Authority, the Contracting Parties and the owners and holders of Obligations, it being recognized that the owners and holders of such Obligations shall be third-party beneficiaries of such covenants, and it is understood by the Contracting Parties that the initial purchaser of any issue of Obligations has and will agree to the purchase of Obligations conditioned upon these covenants. f. For and in consideration of the payments to be made by Water Service Customers and Planned Future Water Service Customers of the Authority under this Authority Agreement, the Authority agrees to use reasonable diligence to provide Water Service to Water Service Customers and Planned Future Water Service Customers of the Authority under the terms of this Authority Agreement, and such payments by Water Service Customers and Planned Future Water Service Customers of the Authority shall be in consideration for the Authority’s agreement to provide such Water Service. 21. Rate Covenant. The Board of Directors of the Authority shall establish, maintain and collect from Water Service Customers and Planned Future Water Service Customers, and Additional Future Water Service Customers of the Authority and third parties, reasonable Plant Investment Fees, Water Storage Fees, Base Fees and Service Charges for the Water Service provided which shall produce revenues at least sufficient, together with other revenues legally available to the Authority, to enable the Authority to provide Water Service to Water Service Customers, Planned Future Water Service Customers, and Additional Future Water Service EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 26 Customers of the Authority and third parties and to comply with any rate maintenance covenants of Obligations. 22. Water Use Fees. Periodic fees and charges imposed by the Authority for the use of water may include the following: a. Base Charge. The Board of Directors of the Authority shall establish the Base Charge to be paid monthly by every Water Service Customer and which shall mean the amount charged each SFE irrespective of quantity of water used. The Base Charge is subject to increases by the Board of Directors of the Authority, provided that such increases do not exceed the increase(s) in the Denver-Boulder-Greeley Consumer Price Index since December 31 of the calendar year in which the Base Charge was previously increased. If the proposed increase exceeds the increases in the Denver- Boulder-Greeley Consumer Price Index since December 31 of the calendar year in which the Base Charge was previously increased, such increase must be approved by unanimous vote or consent of all of the Authority Board Members to be effective. b. Service Charge. The Service Charge of the Authority to its Water Service Customers shall be: (1) non-discriminatory; (2) fair and reasonable; and (3) adequate (after taking into consideration other moneys available or anticipated to be received) in each Contract Year so that the Service Charges in each Contract Year shall be at least equal to: (i) Operation and Maintenance Expenses; (ii) An amount equal to 110% of the debt service requirements for such Contract Year on or with respect to the outstanding Obligations payable from the revenue of the Authority unless the debt service is otherwise provided for; (iii) An amount equal to any payments required to be made to any reserve fund, on or with respect to the outstanding Obligations payable from the revenues of the Authority; (iv) An amount equal to current costs of improvements to the Authority’s Water System, excluding major capital additions, made in the ordinary course of business; and EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 27 (v) Any amounts required to meet then existing deficiencies pertaining to any fund or account relating to any outstanding Obligations, including any deficiencies in any bond reserve funds and any operations reserve funds. (4) The Service Charge shall be determined by dividing the estimated Annual Costs to treat and deliver water by the estimated annual amount of water treated and delivered to all the Parties and third parties served by the Authority. The resulting average water cost is then used to establish the rates to be charged for each tier in the Authority’s tiered rate structure where the rate charged for water use increases as more water is used. The objective is to recover the Annual Costs through the sale of water to all customers. (5) If the Board of Directors of the Authority proposes to establish a new Service Charge, other than in connection with an Annual Budget, it shall give the Contracting Parties and third parties written notice that it is establishing a new Service Charge for Water Service, setting forth such Charge, on a date certain which shall not be less than thirty (30) days from the mailing of the notice of each Contracting Party and third party, all such notices to be mailed simultaneously. c. Debt Service Fees. Any new Debt Service Fee shall require unanimous vote or consent of all Authority Board Members. Once established, the Board of Directors of the Authority shall calculate the debt service billing rate that when applied to the Customer account’s SFE factor, results in collection of the charges due from the Customer to the Authority for its proportionate share of the Authority’s Debt Service. Revenues collected by the Authority from Debt Service Fees shall be used by the Authority specifically to pay debt service on borrowed funds. d. Differential Service Charge. The Board of Directors of the Authority may establish and impose a Differential Service Charge on a customer or an area served by the Authority to accommodate a differential cost of service or capital facility needs of said area. Notice of such Differential Service Charge shall be given in writing to the Contracting Party whose territory includes the area in which the Differential Service Charge shall be imposed; and no such Differential Service Charge shall be effective if the affected Contracting Party objects within thirty (30) days of receipt of such notice. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 28 e. Surcharges. A charge may be unilaterally imposed by a Contracting Party on a customer within that Contracting Party’s jurisdictional boundaries that is to be collected by the Authority. 23. New Development / Facility Expansion Fees. Fees and charges imposed or collected by the Authority may include the following: a. Plant Investment Fee. The Board of Directors of the Authority by unanimous vote or consent shall establish a Plant Investment Fee which shall be the one time charge per SFE to each property served by the Authority required to be paid to connect to the Authority’s Water System. The Plant Investment Fee is imposed for recovery of capital investments associated with capital components of the Water System, and shall be calculated and accounted for as required by C.R.S. § 29-1-801, et seq. related to development charges for capital expenditures. Specifically, the Plant Investment Fee shall be based upon capital improvements necessitated by the use to be connected to the Water System, or the change in use of an existing service. Any proposal to increase the Plant Investment Fee shall be introduced at least forty-five (45) days prior to the date of its approval by the Board of Directors and written notice of such change shall be given to all of the Authority Board Members at the time of introduction. Adoption of the increased Plant Investment Fee shall require a unanimous vote or consent of all the Authority Board Members. b. Treated Water Storage Fees. The Contracting Parties have adopted a system of assessing Treated Water Storage Fees. Such Fees shall be assessed by and collected and retained by the Authority as provided by the Rules and Regulations of the Authority. c. Cash-in-Lieu of Water Rights Fee. A Cash-in-Lieu of Water Rights Fee may be established by the Board of Directors as a payment of cash in lieu of the dedication of water rights, in the discretion of the Authority’s Board of Directors, sufficient to serve the proposed water demands and uses of an applicant for water service from the Authority. d. Water Tap Fee. A Water Tap Fee may be established unilaterally by a Contracting Party as herein provided (see Definitions) for a specific period of time and will be collected by and remitted to that Contracting Party by the Authority to fund expenditures by such local government on water capital facilities needed to serve new development within its jurisdictional boundaries. e. Line Extensions and System Additions. Extensions of existing lines and construction of System additions may be approved by the Authority and the EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 29 cost of the extension or construction may be passed on to developers. When constructed and accepted by the Authority, such line extensions and system additions shall become part of the Authority’s Water System. 24. Easements. The Contracting Parties mutually agree that the Authority or its agent shall have full access to or over any easement, right-of-way or property granted to or held by the Contracting Parties for purposes of water mains and all appurtenances thereto if, and to the extent, required by the Authority for any and all purposes required for the Authority Assets. 25. Annual Budget. In compliance with the provisions of Part 1 (Local Government Budget Law of Colorado), Part 5 (Local Government Uniform Accounting Law) and Part 6 (Local Government Audit Law) of Article 1, Title 29 of C.R.S., as amended, a. The Authority shall prepare, or cause to be prepared, an Annual Budget which shall itemize estimates of Annual Costs and all revenues, income or other funds to be applied to such Annual Costs for and applicable to each Contract Year. The Authority shall prepare such Annual Budget in a timely fashion, which will allow the Contracting Parties and the Authority to comply with applicable budget laws. b. The Authority, prior to the beginning of each Contract Year, shall adopt the Annual Budget for such Contract Year, and the Service Charges for such Contract Year, and shall cause copies of such Annual Budget and the schedule of Service Charges to be promptly delivered to the Contracting Parties. c. If at any time or from time to time after the adoption of the Annual Budget in accordance with subparagraphs a. and b. of this paragraph, the Authority estimates that the actual Annual Costs or revenues for the Contract year, or any part thereof for which such Annual Budget applies, will be greater or less than the Annual Costs or revenues set forth in the Annual Budget, then the Authority may prepare an amended Annual Budget. The amended Annual Budget shall be timely adopted by the Authority and promptly transmitted to the Contracting Parties. d. In the event the Annual Budget for the ensuing Contract Year has not been adopted on or before the first day of any Contract Year, the total amount budgeted for the preceding Contract Year shall be the total amount of the temporary budget for such purposes for the ensuing Contract Year. Such temporary budget shall be effective only until such time as a permanent Annual Budget has been finally adopted and approved. The Board of the Authority shall be responsible for the allocation for expenditure of the total EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 30 amount of the temporary budget until a permanent budget is adopted and approved. 26. Billing. The Contracting Parties hereby delegate to the Authority all rights to collect fees, charges, penalties and interest payable to the Authority. The Authority shall directly read the meters and bill the present and future Water Service Customers of the Authority and third parties for Service Charges, Surcharges if applicable, and other charges monthly. 27. Records and Accounts. The Authority shall keep accurate records and accounts of Authority Assets and of the transactions relating thereto, as well as of the operations of the Authority, in accordance with generally accepted accounting principles as applied to governmental units. Within one hundred twenty (120) days after close of each Contract Year, the Authority shall cause such records and accounts, and all transactions of the Authority with respect to such Contract Year to be subject to an annual audit by an independent certified public accountant. A copy of each such annual audit shall be sent by the Authority to the Contracting Parties. The Authority shall comply with the provisions of Part 1 (Local Government Budget Law of Colorado), Part 5 (Local Government Uniform Accounting Law) and Part 6 (Local Government Audit Law) of Article 1, Title 29 of C.R.S., as amended. OPERATIONS AND ADMINISTRATION 28. Operations Agreement. The Board of Directors of the Authority may enter into an Operations Agreement with any third party water utility operator, including but not limited to the Eagle River Water and Sanitation District, to provide management, annual capital plan management, engineering, operations and preventive, predictive and corrective maintenance, meter reading and billing, accounting and financial requirements, laboratory activities, and quality assurance necessary to manage and operate Authority's Facilities in compliance with this Authority Agreement and legal and regulatory requirements and at levels which meet or exceed those generally accepted standards customary to the industry. In lieu of an Operations Agreement with a third party utility operator, the Board of Directors of the Authority may determine to provide some or all of the foregoing services by hiring and employing sufficient highly-trained, qualified and experienced personnel, including management, engineering, maintenance, financial, accounting, customer service and billing, technical, laboratory and administrative staff who meet applicable State of Colorado certification and/or licensing requirements, to manage, operate, maintain and otherwise administer the Authority's Facilities. An Operations Agreement shall not be required and the EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 31 Board of Directors may choose to provide for operations and administration of the Authority solely through Authority employees and consultants. 29. Execution of Contracts. Except as otherwise provided by law, the Board of Directors may authorize any officer or officers, agent or agents, or the General Manager to enter into any contract, or execute and deliver any instrument in the name and on behalf of the Authority. 30. Negotiable Instruments. All checks, drafts or other orders for payment of money and all notes, bonds, or other evidences of indebtedness issued in the name of the Authority shall be signed by such officer or officers, agent or agents, employee or employees of the Authority, and in such manner as, from time to time, shall be determined by resolution of the Board of Directors. 31. Deposits. All funds of the Authority shall be deposited, from time to time, to the credit of the Authority, pursuant to law, in such bank or banks as the Board of Directors may select. 32. Fiscal Year. The fiscal year of the Authority shall be the calendar year. 33. Principal Place of Business. The principal place of business of the Authority shall be 846 Forest Road, Vail, CO 81657, unless changed. Annually, on or before the 1st day of February of each year, and within thirty (30) days following any change, the Authority shall file with the Division of Local Government the name of the agent for service of process on the Authority, and the address of the principal place of business of the Authority. 34. Debt Not That of Contracting Parties. Pursuant to Section 29-1-204.2(5), C.R.S., the bonds, notes and other obligations of the Authority shall not be the debts, liabilities or obligations of the Contracting Parties or parties which may be future Contracting Parties. 35. Notices. Any formal notice, demand or request provided for in this Authority Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid (provided that bills sent hereunder may be sent by first class mail) to the Contracting Parties. 36. Default. a. It is an event of default by a Contracting Party hereunder if: (1) the Contracting Party defaults in the punctual performance or observation of any covenants, agreements, or conditions on the part of the Contracting Party in this Authority Agreement for a period of EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 32 thirty (30) days after the notifying Party or the Authority shall have given the Contracting Party notice thereof in the manner provided in paragraph 35; (2) a voluntary or involuntary petition under federal or state bankruptcy laws by or against a Contracting Party is filed or a receiver for any of the Contracting Party’s assets is appointed; or (3) a Contracting Party is dissolved and this Authority Agreement is not assigned by the Party in accordance with paragraph 47. b. It is an event of default by the Authority hereunder if the Authority fails or defaults in the punctual performance or observation of the covenants, agreements or conditions on the part of the Authority in this Authority Agreement, except that the Authority will only be in default of its covenants to use reasonable diligence to provide Water Services contained in paragraph 20 if it has totally failed to provide any Water Services for a period of two (2) days or more after the notifying Contracting Party shall have given the Authority notice thereof in the manner provided in paragraph 35. 37. Remedies Upon Default. a. Upon the occurrence and continuance of an event of default by any party to this Authority Agreement, the non-defaulting party or parties may take one or more of the following remedial actions: (1) utilize the defaulting party’s water rights to provide the Water Service contemplated under this Authority Agreement. (2) proceed against the defaulting party, its governing body, and its agents, officers, and employees to protect the rights of the non- defaulting party or parties hereunder by mandamus or other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction, either for appointment of a receiver (the consent to such appointment being expressly hereby granted by the defaulting party) or for the specific performance of any covenant or agreement contained herein or an award of execution of any power herein granted for the enforcement of any proper legal or equitable remedy as the non-defaulting party or parties may deem most effectual to protect and enforce the rights aforesaid, or thereby to enjoin any act or thing which may be unlawful or in violation of any right of the non-defaulting party or parties, or to require the EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 33 governing body of the defaulting party to act as if it were the trustee of an express trust, or any combination of such remedies. b. Upon the occurrence and continuance of an event of default by a party, the non-defaulting party or parties or any receiver appointed in any proceedings to protect the rights of the non-defaulting party or parties hereunder may prescribe fees, rates and other charges and may collect, receive and apply all amounts arising thereafter in the same manner as the defaulting party itself might do. c. Upon the occurrence and continuance of an event of default by a party to this Authority Agreement, the non-defaulting party or parties shall have all of the rights and remedies provided at law and in equity, except that in no event shall the defaulting party or parties be relieved of their obligations hereunder. d. The failure of a party to this Authority Agreement to proceed in any manner herein provided shall not relieve any other party or any of its officers, agents or employees of any liability for failure to perform or carry out any duty, obligation or other commitment. Each right or privilege of each party is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of such party. 38. Existing Debt of Contracting Parties. Any debt of any Contracting Party for construction of the Water System of the Contracting Party shall remain and be the obligation of that Contracting Party and not of the Authority. 39. Force majeure. a. If for any reason of force majeure any of the Contracting Parties hereto or the Authority shall be rendered unable, wholly or in part, to carry out its obligations under this Authority Agreement and, subject to physical availability of water, to provide rights to raw water to the Authority as herein provided, then if such party shall give notice, and the full particulars of such reasons in writing to the Contracting Parties and the Authority within a reasonable time after the occurrence of the event or cause relied on, the obligations of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term force majeure, as employed herein, shall mean acts of God; strikes; lockouts, or other industrial disturbances; acts of the public enemy; orders or actions of any kind of the government of the United States or of the State of Colorado or any civil or military authority; insurrections; EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 34 riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraints of government and people; civil disturbances; explosions; breakage or accident to dams, machinery, pipelines, or canals or other structures or machinery; on account of any other cause not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulties, and that the above requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demand of the opposing parties when such settlement is unfavorable in the judgment of the party having the difficulty. b. No damage shall be recoverable from the Authority or any Contracting Party by reason of the causes above mentioned. 40. Insurance. a. The Authority shall maintain, or cause to be maintained in force for the benefit of the Authority, such insurance as shall be reasonably available and as is usually carried by municipal water utilities constructing and operating water treatment, storage and transmission facilities. In addition, the Authority shall maintain general liability insurance coverage in an amount not less than $350,000 per person/$990,000 per occurrence, and $1,000,000 aggregate, or any such higher amounts as may be called for under the Colorado Governmental Immunities Act, Section 24-10-101, et seq., C.R.S.; provided, however, in any event, the Authority shall maintain, or cause to be maintained, in force, insurance in such amounts and against such risks as required by any bond resolution. b. The Authority will secure and maintain fidelity insurance or bonds in the amount of at least Twenty-Five Thousand Dollars ($25,000.00) on the treasurer and any officer or agent of the Authority charged with the responsibility for the custody of any of its funds or property. The Board of Directors, in its discretion, may also require any other officer, agent, or employee of the Authority to give bond in such amount and with such surety as shall be determined. Costs of such bond shall be an expense payable by the Authority. c. The Authority may establish and create a special fund for the purpose of providing a self-insurance fund. Amounts to be deposited in, or credited to, such fund in any Contract Year shall be accounted for as Operation and Maintenance Expenses. To the extent that moneys are deposited in such fund, if created, such moneys shall be invested in Investment Securities, as EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 35 defined in any bond resolution. To the extent of the amounts held in such fund, the face amount of appropriate insurance policies may be reduced. 41. Reports. The Authority shall prepare and issue to the Contracting Parties the following reports for each Contract Year: a. financial and operating statements relating to Authority Assets; b. status of construction of Authority Assets during construction; and c. analysis of operations relating to the Authority. 42. Access. The Contracting Parties shall at all times have reasonable access to examine any and all books and records of the Authority and to inspect the Authority’s Water System. The Authority and the Contracting Parties each give the other the right to enter the premises of the other at all reasonable times for the purpose of repairing or removing facilities and performing work incidental to delivery and receipt of Water Service furnished hereunder. 43. Governmental Rates, Regulations and Laws. This Authority Agreement shall be subject to all valid rules, regulations and laws applicable thereto, as promulgated by the United States of America, the State of Colorado, or any other governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them, which rules, regulations and laws shall not impair the obligation of contracts, including this Authority Agreement. 44. Merger. This Authority Agreement constitutes the entire agreement among the parties, except as to water rights leases, and all prior and contemporaneous conversations, negotiations, possible alleged agreements, representations, covenants, and warranties concerning the subject matter hereof are merged herein, except as provided in paragraph 49. 45. Severability. The parties hereto agree that if any provision, or part of a provision, of this Authority Agreement should contravene or be held invalid under the laws of the State of Colorado by any court having competent jurisdiction, such contravention or invalidity shall not invalidate the whole Authority Agreement, but it shall be construed as though not containing that particular provision, or part thereof, and the rights and obligations of the parties shall be construed and in force accordingly. 46. Amendments. This Authority Agreement may be amended only by written document approved by formal authority of the governing bodies of all of the Contracting Parties; provided, however, that such amendment will not affect other Obligations outstanding of the Authority unless provision for full payment of such Obligations, by escrow or otherwise, has been made pursuant to such Obligations. EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 36 47. Assignment; Successors and Assigns. This Authority Agreement shall not be assignable by a Contracting Party unless the Authority consents in writing to such assignment, provided that such assignment does not materially and adversely affect the rights or security of owners of the Authority’s Obligations, and shall not be assignable by the Authority without the written consents of all the Contracting Parties. This Authority Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors, assigns and legal representatives of the parties hereto. 48. Original Counterparts. This Authority Agreement may be executed in counterparts, each of which will be an original, but all of which together shall constitute one and the same instrument. 49. Savings Provision. In the event that, a. any provision of this Authority Agreement shall violate any covenant in or constitute a default under any document authorizing Obligations of the Authority or the Contracting Parties’ existing bond resolutions; b. this Authority Agreement, in whole or in part, is held to be unenforceable, as to that provision deemed unenforceable; or c. a Contracting Party withdraws from the Authority and any outstanding Obligations are not addressed herein, then the provisions of the EA and MSC shall apply to the extent necessary to avoid violation of any such covenant, default of an Obligation, or to establish the relationship, rights and obligations of the withdrawing Contracting Party and the Authority. IN WITNESS WHEREOF, the Contracting Parties have caused this Authority Agreement to be executed effective the date first above written. [EXECUTION PAGES FOLLOW] EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 37 ARROWHEAD METROPOLITAN DISTRICT By: _______________, President Attest: _____________, Secretary STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Authority Agreement was acknowledged before me this _____ day of _____________, 2015 by _______________________________ as President and _________________________ as Secretary of the ARROWHEAD METROPOLITAN DISTRICT. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 38 TOWN OF AVON, COLORADO, successor to the Avon Metropolitan District By: _______________, Mayor Attest: _____________, Town Clerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Authority Agreement was acknowledged before me this _____ day of _____________, 2015 by _______________________________ as Mayor and _________________________ as Town Clerk of the TOWN OF AVON, COLORADO. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 39 BEAVER CREEK METROPOLITAN DISTRICT By: _______________, President Attest: _____________, Secretary STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Authority Agreement was acknowledged before me this _____ day of _____________, 2015 by _______________________________ as President and _________________________ as Secretary of the BEAVER CREEK METROPOLITAN DISTRICT. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 40 BERRY CREEK METROPOLITAN DISTRICT By: _______________, President Attest: _____________, Secretary STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Authority Agreement was acknowledged before me this _____ day of _____________, 2015 by _______________________________ as President and _________________________ as Secretary of the BERRY CREEK METROPOLITAN DISTRICT. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 41 EAGLE-VAIL METROPOLITAN DISTRICT By: _______________, President Attest: _____________, Secretary STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Authority Agreement was acknowledged before me this _____ day of _____________, 2015 by _______________________________ as President and _________________________ as Secretary of the EAGLE-VAIL METROPOLITAN DISTRICT. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT {00438220.DOCX /} 42 EDWARDS METROPOLITAN DISTRICT, formerly known as the Edwards Water District By: _______________, President Attest: _____________, Secretary STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Authority Agreement was acknowledged before me this _____ day of _____________, 2015 by _______________________________ as President and _________________________ as Secretary of the EDWARDS METROPOLITAN DISTRICT. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT A: AMENDED AND RESTATED AUTHORITY AGREEMENT [LETTERHEAD of the Upper Eagle River Water Authority] September 9, 2014 RE: Letter Agreement regarding Traer Creek Water Rights Dear Mayor Carroll, Please accept this Letter Agreement that clarifies and confirms the Town of Avon’s right to participate as a co-‐applicant in any water court proceeding involving the water rights conveyed to the Upper Eagle River Water Authority by the Town of Avon to serve the Village (at Avon) by Special Warranty Deed, dated December 19, 2012, recorded on August 1, 2014 at Reception No 201412789 (“Traer Creek Water Rights”), for the purpose of monitoring such proceedings and to protect such Traer Creek Water Rights. In the event the Town of Avon elects to participate as a co-applicant in any proceeding in which the Traer Creek Water Rights are involved, the Authority agrees that the application, any pleadings initiated by the Authority, and any stipulations shall be subject to consent of the Town of Avon, which consent shall not be unreasonably withheld. The election by a Contracting Party not to participate as a co-applicant in any adjudication, change or diligence proceeding involving Traer Creek Water Rights after receiving notice of such application or proceeding shall be deemed to constitute affirmative consent to the Authority’s adjudication of any changes to the Water Rights that are deemed appropriate by the Authority including, but not limited to, the type of use, place of use, points of diversion, and quantification of historic use. By:________________________________________ [Name, Title on behalf of Authority] AGREED AND ACCEPTED by Town of Avon: By:_________________________________________ Rich Carroll, Mayor Attest:____________________________________________________ Date:_______________________ Debbie Hoppe, Town Clerk EXHIBIT B {00396639.DOCX /} AUTHORITY AGREEMENT AMENDING AND RESTATING THE AGREEMENT ESTABLISHING THE UPPER EAGLE REGIONAL WATER AUTHORITY AND THE MASTER SERVICE CONTRACT THIS AMENDED AND RESTATED AGREEMENT, (“Authority Agreement”) establishing the Upper Eagle Regional Water Authority (“Authority”) is made and entered into this 1st___ day of October, 2014,__________, 201__, by and among ARROWHEAD METROPOLITAN DISTRICT, TOWN OF AVON (its predecessor being the Avon Metropolitan District), BEAVER CREEK METROPOLITAN DISTRICT, BERRY CREEK METROPOLITAN DISTRICT, EAGLE-VAIL METROPOLITAN DISTRICT, and EDWARDS METROPOLITAN DISTRICT, all of which are municipal or quasi-municipal corporations of the State of Colorado, all of which are located in the County of Eagle, State of Colorado (referred to individually as a “Contracting Party” and collectively as the “Contracting Parties”). RECITALS WHEREAS, each of the Contracting Parties is authorized to own and operate water systems or facilities and is empowered to supply water for domestic and other public and private purposes by any available means, and to provide all necessary property, diversion works, reservoirs, treatment works and facilities, equipment and appurtenances incident thereto; and WHEREAS, any combination of municipalities, special districts or other political subdivisions of this state that are authorized to own and operate water systems or facilities may establish, by contract with each other, a separate governmental entity, to be known as a water authority, to be used by the contracting parties to effect the development of water resources, systems, or facilities in whole or in part for the benefit of the inhabitants of such contracting parties or others at the discretion of the board of directors of the water authority, C.R.S. § 29-1-204.2 (the “Act”); and WHEREAS, such contractual relationships between local governments are encouraged by Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., to provide intergovernmental services and facilities, when authorized by their governing bodies; and EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 3 C. Bachelor Gulch Metropolitan District, under Section 9(b) of an Exclusion Agreement between Beaver Creek and Vail Associates, Inc., dated January 4, 1995; and D. Chateau St. Claire (now known as The Ascent), per a Water Service Agreement with Eagle-Vail, dated December 12, 1996, which is now annexed to and served through the Town of Avon. WHEREAS, it is the responsibility of the Authority to provide a dependable legal and physical supply of water to the Contracting Parties in all reasonably foreseeable hydrologic conditions; and WHEREAS, it is the responsibility of the Authority to meet its water service obligations to any third party it serves by contract. WHEREAS, the Contracting Parties and the Authority now wish to replace the EA and the MSC, which are hereby known as the “Authority Agreement.” NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements and promises set forth hereinafter, the Contracting Parties agree to replace, amend and restate Agreement Establishing the Upper Eagle Regional Water Authority made on September 18, 1984 and as amended on April 1, 1985, and the Amended and Restated Master Service Contract made and entered into as of January 1, 1998, by this Authority Agreement to read in its entirety as follows: ESTABLISHMENT OF UPPER EAGLE REGIONAL WATER AUTHORITY 1. Effective Date. The effective date of this Authority Agreement shall be JanuaryApril 1, 20142015, or 30 days following the last approval by a Member, whichever later occurs. As of the effective date of this Authority Agreement, the EA and the MSC are hereby superseded and all water rights activities and formal Board actions, consents and approvals of the Authority taken prior to the Effective Date are hereby ratified and affirmed, and any contracts or stipulations entered into or decrees obtained remain in full force and effect, except as provided in Paragraph 49. Such Board actions, consents and approvals shall include all formal actions of the Board and all contracts, stipulations, settlements, decrees and other water rights activities approved on behalf of the Authority by an authorized representative (including without limitation the Authority general manager or legal counsel), which actions were noticed to the Board in Authority Board meeting minutes or public Authority board meeting packets, or where copies of the contracts, stipulations, settlements, decrees or other water rights activities were given to the Authority Board and no objection was raised. The organization of the Authority pursuant to law and the obligations incurred by and the bonds of such EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 18 b. Payment: All claims to be paid as a result of the indemnification provided hereunder shall be paid by the Authority or its insurer up to, but not to exceed the applicable limitations under the Colorado Governmental Immunity Act. The Authority specifically reserves any defenses which are available to any Director, Officer or Employee under the Colorado Governmental Immunity Act or by common law. The Authority may pay judgments and settlements in accordance with the Colorado Governmental Immunity Act even if sovereign immunity bars the action against the Authority. 11. Prior Conveyances of Water Systems. The Contracting Parties and other parties served by contract have previously conveyed to the Authority their individual water systems, except for certain golf course water systems, raw water storage and raw water irrigation systems, subject to existing agreements between the Authority and any Contracting Party. The customers of the Contracting Parties thereby became Water Service Customers of the Authority. The Authority shall make Rules and Regulations concerning the operation of the Authority’s Water System, except as to the amount of the Water Tap Fees and Surcharges. These Water Systems were accepted by the Authority in “as is” condition and (subject to any contract obligations) all future maintenance, repair and upgrade expenses became the obligations of the Authority, and not the obligations of the Contracting Parties or the third party served by contract. The conveyance of water systems effected by the MSC is hereby ratified and confirmed. 12. Water Rights. The Contracting Parties have leased and/or conveyed to the Authority all of the Contracting Parties’ right, title and interests in and to the Contracting Parties’ water rights and may lease, convey or assign additional water rights in the future (“Water Rights”), including the right to use all diversion ditches, pipelines, headgates and structures, reservoirs or other storage structures, pumps, casings, and other improvements and easements associated or used in connection with the Water Rights (the “Associated Improvements”), for the Authority’s use in carrying out its functions and providing Water Service in accordance with the terms hereof. The provisions of such leases, as they have been and may be amended from time to time, or any conveyances or assignments are not intended to be modified by this Authority Agreement. The Authority shall maintain the Associated Improvements. The Contracting Parties shall have the right to continue to own their individual water rights and Associated Improvements, or to convey them to the Authority. The Authority shall be solely responsible for future adjudication and diligence proceedings and absolute conversion proceedings for the Water Rights, provided that the respective Contracting Party shall have the right, but not the obligation, to participate in any proceeding in which its leased Water Rights are involved as a co-applicant for the purpose of monitoring such proceedings and to protect the respective Contracting EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 19 Party’s leased Water Rights. In the event a Contracting Party elects to participate as a co-applicant in any proceeding in which its leased Water Rights are involved, the Authority agrees that the filing, any pleadings, and any stipulation shall be subject to consent of the co-applicant Contracting Party, which consent shall not be unreasonably withheld. The election by a Contracting Party not to participate as a co-applicant in any adjudication, change or diligence proceeding involving leased Water Rights after receiving notice of such application or proceeding shall be deemed to constitute affirmative consent to the Authority’s adjudication of any changes to the Water Rights that are deemed appropriate by the Authority including, but not limited to, the type of use, place of use, points of diversion, and quantification of historic use. The Authority also agrees to administer each Contracting Party’s leased augmentation plans or, exchanges, and water transferrights change decrees according to the terms of the decrees, and use its best efforts to protect those leased Water Rights from injury, including the filing of statements of opposition in Water Courts as deemed appropriate by the Authority. 13. Assets Held in Trust. All assets and properties of the Authority shall be held in trust by the Authority for the Contracting Parties for the purposes herein mentioned, including the payment of liabilities of the Authority. 14. Financial Obligations of the Authority. The bonds, notes, and other obligations issued by the Authority shall not be the debts, liabilities, or obligations of the Contracting Parties because the Contracting Parties have provided for payment to the Authority of funds from proprietary revenues for water services rendered by the Authority; from proprietary revenues or other public funds as contributions to defray the costs of any its purposes; and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the Authority. The Authority is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived from the function, service, system or facility or the combined functions, services, systems, or facilities of the Authority or from any other available funds of the Authority. The terms, conditions and details of any bonds, notes, and other obligations of the Authority, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and, as nearly as may be practicable, shall be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations so issued by the Authority shall not constitute an indebtedness of any Contracting Party within the meaning of any constitutional or statutory limitations or other provision. Each bond, note, or other obligation so issued by the Authority shall recite in substance that said bond, note, EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 22 Upon withdrawal, a withdrawing Contracting Party shall have no further interest, right or title in or to any assets or equity of the Authority, and shall forfeit its status as a “Contracting Party” with regard to its Board of Directors position and voting rights inherent therein, unless there is a specific agreement to the contrary; provided, however, that the following shall immediately vest in such withdrawing Contracting Party: a. Any water rights conveyed, assigned, leased or otherwise contributed to the Authority by such withdrawing Contracting Party or by the withdrawing Contracting Party’s predecessor for the purpose of providing water service to that Contracting Party’s water service area, which shall vest in the withdrawing Contracting Party by the Authority reconveying or reassigning such water rights to the withdrawing Contracting Party or terminating the lease to such water rights within 30 days. b. Any direct flow or storage water rights and a proportional share of any associated augmentation and exchange plans that are owned by the Authority and originally conveyed, assigned or otherwise contributed or paid for by a third party or otherwise allocated by the Authority to any withdrawing Contracting Party in return for a commitment to provide water service to a given parcel or parcels of property located within the boundaries of the withdrawing Contracting Party shall immediately vest in the withdrawing Contracting Party. Such vesting shall occur by the Authority reconveying or reassigning such water rights to the withdrawing Contracting Party within 30 days. c. The amount of Eagle Park Reservoir water owned by the Authority and allocated to any withdrawing Contracting Party in the Eagle Park Reservoir Agreement dated October 23, 1996, among the Authority and the Contracting Parties shall immediately vest in any withdrawing Contracting Party. Such vesting shall occur by the Authority assigning the shares of stock in the Eagle Park Reservoir Company for such amount of Eagle Park Reservoir water to the withdrawing Contracting Party within 30 days. d. The amount of Green Mountain Reservoir water available to the Authority under a valid contract with the Bureau of Reclamation and allocated to any withdrawing Contracting Party, if any, in the decree of the District Court in and for Water Division No. 5 in Case No. 92CW291 shall be assigned by the Authority to the withdrawing Contracting Party. The Authority shall request such assignment and implement the effect of such assignment as soon as possible after the date of withdrawal. The foregoing are hereinafter the “Allocated Water Rights.” EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 23 18. Water Rights Report. The foregoing categoriesamount of water rightsthe Allocated Water Rights shall be identified in the water rights report entitled the “Analysis of Water Rights, Future Water Use, and Related Water Rights Issues” prepared for each Contracting Party and updated immediately and thereafter every two years by the Authority’s water counsel and water resource engineer (the “Water Rights Reports”). Each Contracting Party shall be provided with a copy of its updated Water Rights Report for its review and approval every two years. After a period of sixty days, each Contracting Party shall be deemed to have approved its updated Water Rights Report, unless specifically protested to the Authority by the Contracting Party. In the case of a protest of an updated Water Rights Report by a Contracting Party, the most recent accepted version of the Water Rights Report shall remain in effect until an updated Water Rights Report is accepted by the Contracting Party. The Water Rights Reports shall also identify any other direct flow water rights that are owned by the Authority and not originally conveyed by a Contracting Party, and any other storage water rights that are owned or leased by the Authority and not originally conveyed or assigned by a Contracting Party and any other water rights owned by the Authority and not allocated to a Contracting Party pursuant to the definition of Allocated Water Rights (the “Unallocated Water Rights”). The Unallocated Water Rights shall not be conveyed or assigned to a withdrawing Contracting Party and shall be retained by the Authority for its use and for the benefit of the remaining Contracting Parties. If the Contracting Party’s Allocated Water Rights significantly change in type or quantity during the interim between such updates, the Authority will revise the list of water rights allocated to that Party and provide a copy of such revised list to the Contracting Parties. WATER SERVICE BY THE AUTHORITY 19. Water Service. The Authority agrees to sell and furnish to persons and entities which are present and future customers of the Water System, all Water Service as these Water Service Customers shall reasonably require, subject to any use limitations then in effect and to the extent that the Authority shall have the capacity to provide such Water Service. The Water Service Customers shall pay the Authority the Base Charge, Debt Service Charge and Service Charges for all Water Service provided by the Authority; provided, however, that the obligation to pay for all such Water Service shall be and is an obligation of the Water Service Customers during the term hereof and, except as provided in Paragraph 49, is not a lien, charge or liability against the Contracting Parties or against any property or funds of the Contracting Parties, and the obligations to pay the Authority for all Water Service furnished hereunder does not constitute a debt, liability or obligation of the Contracting Parties and the Contracting Parties are not required to pay such obligation. The Water Service Customers shall make and pay for all connections to the Authority’s Water System. EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 24 The Contracting Parties shall have the obligation continuously to provide rights to raw waterprovided their Water Rights to the Authority, and have the right to the Allocated Water Rights as detailed in amounts whichthe Water Rights Reports. The Water Rights and Allocated Water Rights are adequate to allow provision ofprovide Water Service to present and future customersWater Service Customers and Planned Future Water Service Customers of the Authority who connect to the portion of the Authority’s Water System within each Contracting Party’s jurisdictional boundaries. at the levels and amounts specified in the Water Rights Reports. For purposes of this Authority Agreement, Planned Future New Water Service Customers shall be interpreted as new potential customers of the Authority residing within the jurisdictional boundaries for the Contracting Parties that are not yet receiving water service from the Authority, but are contemplated for service under current zoning at full buildout, or which the Authority has committed to serve by contract with the Contracting Parties. Additional Future Water Service customers shall be interpreted as future potential customers of the Authority that are not currently contemplated for service under current zoning at full buildout or under contracts with the Authority and are in excess of the Planned Future Water Service Customers levels. The Contracting Parties shall have the obligation to provide additional water rights or obtain the Authority’s approval for a cash in lieu fee in amounts which are adequate to provide Water Service to Additional Future Water Service Customers of the Authority. It is mutually understood the Authority will acquire or design and construct such Authority Assets and all necessary appurtenances thereto, so as to enable it reasonably to provide all Water Service to its Water Service Customers, present and future and Planned Future Water Service Customers as part of an integrated water supply system. 20. Covenants and Representations of the Authority and the Contracting Parties. a. The Authority shall use reasonable diligence to provide Water Service hereunder and shall maintain the Authority’s Water System in good condition at all times. It is the intent of this Authority Agreement that the Authority provide water to the present and future Water Service Customers of the Authority and third parties which is treated to meet State and/or Federal Safe Drinking Water Standards and in compliance with environmental laws and regulations. If operation of the Water System shall be interrupted, or become defective by reason of force majeure, the Authority shall not be liable therefor or for damages caused thereby. b. The Authority shall diligently enforce and take all reasonable steps, actions and proceedings necessary for the enforcement of all terms, covenants and provisions of this Authority Agreement. EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 25 c. The Authority covenants and agrees that it will operate, maintain and manage the Authority’s Water System or cause the same to be operated, maintained and managed in an efficient and economical manner, consistent with sound municipal utility practice and in accordance with standards normally used by municipal utilities owning like properties to provide efficient, effective, and reliable water service. d. The Contracting Parties covenant to providehave provided to the Authority adequate rights to raw water from their Water Rights or any other source,and have the right to the Allocated Water Rights detailed in the Water Rights Reports to allow continuous provisions of adequate Water Service to the present and futureWater Service Customers and Planned Future Water Service Customers of the Authority in the amounts and at the levels detailed in the Water Rights Reports, and to meet Authority’s obligations under this Authority Agreement. The Contracting Parties represent that their Water Rights and related interests are free and clear of all liens and encumbrances and, subject to physical availability of water, are sufficient to provide for all of the foregoing water needs of the Contracting Parties within their present boundaries, but recognize the Authority may use their water rights throughout the Authority’s integrated water service system. e. The provisions of this Authority Agreement are covenants of the Contracting Parties and the Authority for the benefit and protection of the Authority, the Contracting Parties and the owners and holders of Obligations, it being recognized that the owners and holders of such Obligations shall be third-party beneficiaries of such covenants, and it is understood by the Contracting Parties that the initial purchaser of any issue of Obligations has and will agree to the purchase of Obligations conditioned upon these covenants. f. For and in consideration of the payments to be made by the present and futureWater Service Customers and Planned Future Water Service Customers of the Authority under this Authority Agreement, the Authority agrees to use reasonable diligence to provide Water Service to the present and futureWater Service Customers and Planned Future Water Service Customers of the Authority under the terms of this Authority Agreement, and such payments by the present and futureWater Service Customers and Planned Future Water Service Customers of the Authority shall be in consideration for the Authority’s agreement to provide such Water Service. 21. Rate Covenant. The Board of Directors of the Authority shall establish, maintain and collect from present and futureWater Service Customers and Planned Future Water Service Customers, and Additional Future Water Service Customers of the EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT {00438220.DOCX /} 26 Authority and third parties, reasonable Plant Investment Fees, Water Storage Fees, Base Fees and Service Charges for the Water Service provided which shall produce revenues at least sufficient, together with other revenues legally available to the Authority, to enable the Authority to provide Water Service to present and futureWater Service Customers, Planned Future Water Service Customers, and Additional Future Water Service Customers of the Authority and third parties and to comply with any rate maintenance covenants of Obligations. 22. Water Use Fees. Periodic fees and charges imposed by the Authority for the use of water may include the following: a. Base Charge. The Board of Directors of the Authority shall establish the Base Charge to be paid monthly by every Water Service Customer and which shall mean the amount charged each SFE irrespective of quantity of water used. The Base Charge is subject to increases by the Board of Directors of the Authority, provided that such increases do not exceed the increase(s) in the Denver-Boulder-Greeley Consumer Price Index since December 31 of the calendar year in which the Base Charge was previously increased. If the proposed increase exceeds the increases in the Denver- Boulder-Greeley Consumer Price Index since December 31 of the calendar year in which the Base Charge was previously increased, such increase must be approved by unanimous vote or consent of all of the Authority Board Members to be effective. b. Service Charge. The Service Charge of the Authority to its Water Service Customers shall be: (1) non-discriminatory; (2) fair and reasonable; and (3) adequate (after taking into consideration other moneys available or anticipated to be received) in each Contract Year so that the Service Charges in each Contract Year shall be at least equal to: (i) Operation and Maintenance Expenses; (ii) An amount equal to 110% of the debt service requirements for such Contract Year on or with respect to the outstanding Obligations payable from the revenue of the Authority unless the debt service is otherwise provided for; (iii) An amount equal to any payments required to be made to any reserve fund, on or with respect to the outstanding Obligations payable from the revenues of the Authority; EXCERPTS DEPICTING CHANGES FROM AUG. 28, 2014 VERSION OF AUTHORITY AGREEMENT TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: April 7, 2015 Agenda Topic: Authorization to Issue Notice of Award for the 2015 Street Improvements - Asphalt Overlay Project Summary: The Asphalt Overlay Project is one component of the overall 2015 Street Improvements Program. For 2015, the Street Improvements Program includes asphalt overlay, slurry seal, construction of a bicycle climbing lane on Metcalf Road, extension of concrete sidewalk on East Beaver Creek Boulevard, repair of the approach to the lower Buck Creek Road bridge, and installation of pedestrian warning signs at the crosswalk adjacent to Avon Elementary School. Discussion: The Asphalt Overlay Project consists of milling, crack repair, asphalt overlay and striping of East Beaver Creek Boulevard, Chapel Alley, and Swift Gulch Road between Nottingham Road and the entrance to the Public Works facility. The project includes replacement of select sections of concrete curb and gutter as well as concrete sidewalk replacement and the addition of ramps to achieve ADA compliance. Storm drain improvements on East Beaver Creek Bouldevard are also included. Staff advertised the 2015 Street Improvements – Asphalt Overlay Project for (3) weeks and the Bid Opening was held on April 3, 2015. Two bids were received; United Companies with a bid of $441,101.71 and Elam Construction, Inc. with a bid of $489,072.03. The bids are within the approved budget as presented to Council on February 24, 2015 and, as approved in the Town of Avon 2015 Capital Projects Fund. Staff recommends an additional $40,000 contingency be reserved to extend the sidewalk along East Beaver Creek Bouldevard, adjacent to Beaver Liquors, and to mitigate utility conflicts with proposed storm drain in this area. The Asphalt Overlay Project will restrict access or require temporary closures during construction. Outreach to citizens, businesses, and emergency services will be coordinated by Staff and the Contractor. Construction Schedule: The Asphalt Overlay Project is scheduled to begin in early May and be completed by June 30th. Staff Recommendation: Staff requests Council authorization to award the 2015 Street Improvements – Asphalt Overlay Project Contract to the low bidder, United Companies, in the amount of $441,101.71, with an additional $40,000 being approved as a contingency for staff appropriation, if needed. Summary of 2015 Street Improvements Program Update: In addition to the Asphalt Overlay Project, the Slurry Seal Project consists of crack repair, application of an asphalt sealer containing fine aggregate, and striping. Roads included in the Slurry Seal Project are Buck Creek Road, Metcalf Road and Hurd Lane. This Project is currently out to bid with the bid opening scheduled April 22nd. The Slurry Seal Project is scheduled to take place in July and August when weather conditions are most favorable for application of this product. The Phase 1 Metcalf Road Bike Climbing Lane consists of widening the existing road platform to accommodate a dedicated 5’ wide bike climbing lane on the uphill side between Nottingham Road and Wildwood Road. The project includes grading, drainage work, retaining walls and asphalt paving. Town Council directed Staff to develop a design and bid out the next segment of climbing lane between Wildwood Road and Old Trail Road. Phase 2 could be constructed this year if adequate funds remain in the CIP budget. This project is currently in the design phase with construction plans and documents expected the week of May 4th. Work could begin as early as mid June. The Lower Buck Creek Bridge Approach Repair Project will mitigate settlement which has developed into a hazard in this area. The work consists of removal and replacement of the approach slab at the lower bridge. The approach slab is not part of the bridge structure which is in excellent condition. This project is currently in the design phase and construction is planned prior to the Buck Creek Road Slurry Seal Project. The West Beaver Creek Blvd. Pedestrian Crossing is in the preliminary design phase and construction is planned this summer. Budget: The contracts for the Projects comprising the 2015 Street Improvements Program will be funded via the 2015 Street Improvements Capital Budget of $2,081,679. The 2015 Street Improvements Program budget estimate is shown in Table 1 below. This budget estimate includes a 10% contingency. Table 1: 2015 Street Improvements Budget Estimate Line Item Amount Asphalt Overlay Construction $ 481,102 Slurry Seal Construction Metcalf Road Bike Lane Construction Buck Creek Bridge Repair Construction West Beaver Creek Pedestrian Crossing $ 399,000 $ 662,333 $ 200,000 $ 60,000 Civil and Geotechnical Engineering $ 90,000 Subtotal $ 1,892,435 Contingency 10% $ 189,244 Total Estimated Project Costs $ 2,081,679 Available Funds Budget $2,081,679 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: Ord. No. 15-05 Amending the Town Code of Ethics DATE: April 1, 2015 SUMMARY: The Town Council discussed the Avon Town Code of Ethics (“Ethics Code”) at its December 11, 2014 work session. The Town Council expressed a desire to re-visit the Ethics Code and provided some preliminary direction on revisions for consideration. Draft amendments to the Town Code of Ethics were presented to the Town Council at a work session on March 24, 2015 for discussion and direction. Based on the direction provided by the Town Council at that work session, Ordinance No. 15-05 is presented for first reading which would amend the Town Code of Ethics to adopt more stringent standards. BACKGROUND: The Avon Home Rule Charter requires the Avon Town Council to adopt an Ethics Code. The current Town Code of Ethics was adopted by Ord. No. 92-15. Revisions were adopted in early 2012 by Ord. No. 2012-01. As a home rule community, Avon has the authority to adopt its own Ethics Code as a matter of local concern. However, awareness of the State Standards of Conduct is informative and the revisions in 2012 incorporated language from the State Standards of Conduct where appropriate for convenience and efficiency. PROPOSED AMENDMENTS TO TOWN CODE OF ETHICS ------------------------------------------------------------ OBTAINING PRIVATE WORK RELATED TO OFFICIAL ACTS: A new sub-section (11) under 2.30.060 Conflict of Interest is presented which would prohibit any elected official from accepting compensation or work related to any Official Act on a specific project, application or contract within 12 months of the Official Act. NOTE: This restriction is worded to apply both during and after the term of employment or office, the operative rule being within 12 months. Based on direction from the work session a second alternative is presented which would adopt a more restrictive requirement that such private work or compensation could not be obtained until 6 months after the term in office expires. This restriction was presented to the Department Directors, who requested more time to evaluate and understand the restriction. Many communities adopt such a restriction as part of the employee handbook. Based on past practices this issue is referred to the Avon Human Resources to allow employees to review this matter. As a result, the proposed Town Code of Ethics amendments are limited to elected officials in order to allow the Town employees to review this issue through the Human Resources process and adopt conduct standards in the Employee Handbook. Relevant language from the State Standards of Conduct and the City of Boulder are reprinted for convenience: The State Standards of Conduct set forth an “ethical principle” as a guide in CRS §24-18-105 which states, “A public officer, a local government official, or an employee should not, within six months following the termination of his office or employment, obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than M EMORANDUM & PLANNING, LLC Avon Town Council Town Code of Ethics April 1, 2015 Page 2 of 3 Town Code of Ethics April 1, 2015 Page 2 of 3 rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant.” The City of Boulder’s Code of Conduct establishes a 6 month restriction after termination of employment or office, as follows: Activities That Occur After Termination of Employment or Office: No former public official or public employee shall seek or obtain employment concerning matters upon which he or she took any action during his or her service with the city for six months following termination of office or employment if such action, occurred less than four years prior to seeking or obtaining employment, involved an exercise of discretion by the public official or public employee and provided direct benefit to the employer, including but not limited to a contract, lease, employment or regulatory approval. This provision may be waived by the city council or the city manager. PRESENCE OF TOWN COUNCIL OR PLANNING COMMISSION MEMBER WITH CONFLICT OF INTEREST: The revisions in 2012 added language whereby a Town Council member or Planning Commission member could remain in the room and participate in discussions when there was a conflict of interest if the majority of the remaining Council members provided consent. My recollection is that no Town Council member or Planning Commission member ever requested to remain in the meeting room and participate in the discussion on a business item once a conflict of interest was declared. The attached DRAFT revisions would delete this language and revert back to the prior strict rule that a Town Council member or Planning Commission member with a conflict of interest must leave the room during discussion and consideration of that business item. PUBLIC CONTRACTS: The Ethics Code adopts a general rule that no Town Officer shall have an interest in any contract made by the Town, but then contains several exceptions to allow the lowest bidder (or highest bidder for auctions) or when the Town Officer discloses the conflict and does not vote on the contract. The existing Ethics Code language in Section 2.30.120 Public Contracts tracks CRS §24-18- 201 et. seq. and contains similar exceptions. The DRAFT revised language presents a very strict restriction and prohibition to disallow any contract for compensation or approval of vender permit to any Town Official. NOTE: Town Official includes spouses and minor children. The DRAFT revised language attempts to distinguish contracts with organizations where a Town Official is an employee of an organization but is not an owner or controlling officer. The two exceptions that are retained which are: (1) investments or deposits in financial institutions which are in the business of loaning or receiving money [meaning that the mere deposit at a local bank that enters into a contract with the Town does not create a conflict]; and, (2) matters for which the Town Officer has voted in accordance with Section 2.30.100 [meaning such participation is necessary for quorum and action and such Town Officer has made disclosure to the Colorado Secretary of State in accordance with Section 2.30.110]. Section 2.30.100 was revised slightly to incorporate a finding that participation by a Council member or Planning Commission member with a conflict of interest will not be contrary to the public interest. This language parallels language in the Urban Avon Town Council Town Code of Ethics April 1, 2015 Page 3 of 3 Town Code of Ethics April 1, 2015 Page 3 of 3 Renewal Authority statutes regarding participation by an Urban Renewal Authority director that has a property interest within an Urban Renewal Authority plan. PROPOSED MOTION: I move to adopt Ordinance No. 15-05 Amending the Town Code of Ethics on First Reading with [OPTION 1 LANGUAGE or OPTION 2 LANGUAGE] for amendments to Section 2.30.060(11). ATTACHMENT A: Ordinance No. 15-05 Amending the Town Code of Ethics Thank you, Eric Ord 15-05 Amending Town Code of Ethics Ord 15-05 Amending Town Code of Ethics April 8, 2015 – FIRST READING Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 15-05 SERIES OF 2015 AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, “Council shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of conduct for elected and appointed officials of the Town;” and WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are more stringent than the State Code of Ethics will promote the highest level of governmental integrity and public confidence in the proper conduct of governmental affairs of the Town of Avon and therefore will promote the general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment. Chapter 2.30 of the Avon Municipal Code is hereby amended by repealing and deleting language shown in strike-out and adopting language depicted by underline as depicted in EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS attached to and made a part of this Ordinance. Section 3. Codification Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. ATTACHMENT A: ORDINANCE NO. 15-05 Ord 15-05 Amending Town Code of Ethics Ord 15-05 Amending Town Code of Ethics April 8, 2015 – FIRST READING Page 2 of 3 Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 8, 2015 and setting such public hearing for April 28, 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 ATTACHMENT A: ORDINANCE NO. 15-05 Ord 15-05 Amending Town Code of Ethics Ord 15-05 Amending Town Code of Ethics April 8, 2015 – FIRST READING Page 3 of 3 ADOPTED ON SECOND AND FINAL READING on April 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT A: ORDINANCE NO. 15-05 EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 1 of 7 April 1, 2015 Town Code of Ethics 2.30.010 Citation. This Chapter shall be known and may be cited as the "Avon Town Code of Ethics." 2.30.020 Declaration of policy. The proper operation of democratic government requires that public officers be independent, impartial and responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all Town oOfficers is adopted. The purpose of this code is to establish guidelines for ethical standards of conduct for all such oOfficers by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure by such oOfficers of private financial or other interests in matters affecting the Town. 2.30.030 Finding of local concern. The Town Council finds and determines that the matter of ethical municipal government is a matter of local concern upon which home rule municipalities in Colorado are fully empowered to legislate and to supersede conflicting state statutes. 2.30.040 Effect of common law. This Chapter shall supersede and override the common law as to the subject matter of this Chapter. 2.30.050 Definitions. As used in this Chapter, unless the context requires otherwise: Business means any corporation, limited liability corporation, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business operated for private profit. Confidential information means all information, whether transmitted orally, electronically or in writing, , which is intended to be confidential and which does not constitute a public record under the Colorado Open Records Act set forth in C.R.S. §24-72- 200.1 et. seq. including but not limited to attorney-client confidential and privileged communications and information received in an executive session. Council or Town Council means the Town Council of the Town of Avon. Council Member means any member of the Town Council. Officer means any person holding a position by election or appointment in the service of the municipality, whether paid or unpaid, including the members of the Town Council, any other Town board, committee or commission, any employee and any independent contractor. Official act or official action means any vote, decision, recommendation, approval, disapproval or other action, including inaction, which involves the use of discretionary authority. Substantial financial interest means an interest owned or held by an oOfficer which is: a. An ownership interest in a business; b. A creditor interest in a business; c. An ownership interest in real or personal property; d. A loan or any other debtor interest; e. A directorship or officership in a business. An officer shall be presumed to have a substantial financial interest in any of the EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 2 of 7 April 1, 2015 abovementioned interests owned, held or controlled by such oOfficer's spouse or dependent children. 2.30.060 Conflict of interest. A Town Officer shall not: (1) Disclose or use confidential information acquired in the course of such Officer's duties (a) in order to further a business or other undertaking in which such Officer has a substantial financial interest or (b) for any use which would be detrimental to the Town; (2) Engage in a substantial financial transaction for his or her private business purposes with a person whom such oOfficer inspects or supervises in the course of his or her official duties; (3) Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such Officer has a substantial financial interest; (4) Perform an official act which directly and substantially affects a business or other undertaking by whom the oOfficer is employed, or by whom such Officer is engaged as counsel, consultant, representative or agent; (5) Acquire or hold an interest in any business or undertaking which such Officer has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the agency over which he or she has substantive authority; (6) Perform an official act directly and substantially affecting to its economic detriment any business or other undertaking when such Officer has a substantial financial interest in a competing business or undertaking; (7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, service or thing of value was made or given primarily for the purpose of influencing or attempting to influence such oOfficer in connection with an official act, or as a reward for official action he or she has previously taken. The provisions of this Subsection shall not apply to those circumstances described in Subsection 2.30.070(3);. (8) Perform any official act under circumstances which give rise to appearance of impropriety on the part of the Officer; (9) Make or accept any ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing; (10) Appear on behalf of any private person, business or entity, other than himself or herself, his or her spouse, or minor children, before the Town Council, any Town Commission or the Municipal Court.; or, OPTION 1 LANGUAGE: (11) For members of Town Council, accept compensation or employment related to any Official Act on a specific project, application, or contract within twelve (12) months of taking such Official Act, provided that this provision may be waived six (6) months after the Official Act by a majority of the disinterested Town Council members. OPTION 2 LANGUAGE: (11) For members of Town Council, seek or obtain employment or compensation concerning matters upon which he or she took an Official Act during his or her term of office for six (6) months following expiration or termination of office, if such Official Act EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 3 of 7 April 1, 2015 occurred less than four years prior to such employment or compensation, provided that this provision may be waived by a majority of the disinterested Town Council members. 2.30.070 Exemptions. The provisions of Section 2.30.060 shall not prohibit an Officer from: (1) Accepting or receiving a benefit as an indirect consequence of the performance of an official act; (2) Taking official action when such Officer is similarly situated to other Town residents, such as adopting general land use regulations, owning property within a special or local improvement district, voting for taxes or bonds, adopting ordinances of general applicability or otherwise acting upon matters involving the common public interest, except that this exemption shall not apply to interests of Officers of the Avon Urban Renewal Authority in any project or in any property included or planned to be included in any project and the provisions of C.R.S. §31-25- 104(3) shall control; (3) Soliciting or accepting gifts or loans which are: a. Campaign contributions reported as required by law; b. An occasional nonpecuniary gift, insignificant in value; c. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; d. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence or attendance at a convention or other meeting at which such Officer is scheduled to participate; e. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position held by such Officer; f. Items of perishable or nonpermanent value, including, but not limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational, or cultural events; g. Payment for speeches, debates, or other public events, reported as honorariums to the Town Manager; h. A loan at a rate of interest which is not substantially lower than the commercial rate then currently prevalent for similar loans within the Town. (4) Receiving such compensation for his or her services to the Town as may be fixed by ordinance, pay plan, budget or other similar official action. 2.30.080 Disclosure of conflict of interest in Town Council action. Any member of the Town Council who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Town Council shall disclose such potential interest to the Town Council. Any member of the Council who believes that another member of the Council has a conflict of interest shall bring the matter to the attention of the Council prior to Council consideration of the issue involving the alleged conflict. The Council shall determine whether a conflict of interest exists. The Council member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists; however, such Council member may participate in the discussion and may remain in the room with the consent of the majority of the remaining Council members. If the EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 4 of 7 April 1, 2015 Council determines that an actual conflict of interest exists, the Council Member shall not attempt to influence other members of the Town Council in connection with such matter, and, except as provided in Section 2.30.100, the Council Member shall not vote upon such matter. The Council Member shall leave the room during Council's discussion and action on the subject, and shall return only when the council has taken up the next agenda item. 2.30.090 Disclosure of conflict of interest in Planning Commission action. Any member of the Planning Commission who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Planning Commission shall disclose such potential interest to the Planning Commission. Any member of the Planning Commission who believes that another member of the Planning Commission has a conflict of interest shall bring the matter to the attention of the Planning Commission prior to Planning Commission consideration of the issue involving the alleged conflict. The Planning Commission shall determine whether a conflict interest exists. The Planning Commission member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists; however, such Planning Commission member may participate in the discussion and may remain in the room with the consent of the majority of the remaining Planning Commission members. If the Planning Commission determines that an actual conflict of interest exists, the member of the Planning Commission shall not attempt to influence other members of the Planning Commission in connection with such matter, and, except as provided in Section 2.30.100, the member of the Planning Commission shall not vote upon such matter. The member of the Planning Commission shall leave the room during the Planning Commission's discussion and action on the subject, and shall return only when the Planning Commission has taken up the next agenda item. 2.30.100 When Council Member or member of the Planning Commission with conflict of interest may vote. Notwithstanding the provisions of Sections 2.30.080 and 2.30.090, a Council member or member of the Planning Commission may vote upon a matter as to which he or she has a conflict of interest if: (1) His or her participation is necessary to obtain a quorum or to otherwise enable the Council or Planning Commission to act, and (2) he or she complies with the disclosure provisions of Section 2.30.110, and (3) a majority of the Council members or Planning Commission members present at a meeting who do not have a conflict of interest find that the participation of such Council member or Planning Commission member will not be contrary to the public interest and vote to permit such Council member or Planning Commission member to vote despite the conflict of interest. 2.30.110 Voluntary Disclosure to Secretary of State. A Town oOfficer may, prior to acting in a manner which may impinge on his or her fiduciary duty and the public trust, disclose the nature of his or her private interest to the Colorado Secretary of State. Such Town oOfficer shall make the disclosure in writing to the Colorado Secretary of State, listing the amount of his or her financial interest, if any, the purpose and duration of his or her services rendered, if any, and the compensation EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 5 of 7 April 1, 2015 received for the services or such other information as is necessary to describe his or her interest. If he or she then performs the official act involved, he or she shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction under this Town Code of Ethics or any other local, state or other code of ethics or standards of conduct. 2.30.120 Public contracts. (a) The Town shall not enter into any contract with a Town Officer (including spouse or minor children of the Town Officer) to provide any compensation from the Town for the provision of goods or services and shall not approve any vendor permit or privilege to conduct commercial business on Town property during such Officer’s term, appointment or employment with the Town; provided that this restriction shall not apply to compensation provided to any Town Officer for performance of official duties for the Town. This section shall not operate to restrict the Town from entering into contracts or approving vendor permits and privileges to an organization which employees a Town Officer if such Town Officer is not an owner or controlling officer of such organization that receives such compensation, permits or privileges and such Town Officer declares a conflict of interest in accordance with Section 2.30.060(3) and does not participate in any Town decision related to such public contract. For the purposes of this section, ownership in an organization shall include any ownership interest that is greater than 1%. (b) The provisions of Subsection (a) of this Section shall not apply to: (1) Investments or deposits in financial institutions which are in the business of loaning or receiving money; or, (2) with respect to which the Town Officer has voted therein in accordance with Section 2.30.100. (c) It shall be a violation of this Code of Ethics for any Town Officer to enter into a contract with the Town or receive compensation or receive vendor permits or privileges from the Town in violation of this section. (d) Any contract approved by the Town or vendor permit or privilege granted by the Town in violation of this section shall be unenforceable against the Town. (a) Except as provided in Subsection (b) of this Section, no Officer shall have an interest in any contract made by the Town. (b) The provisions of Subsection (a) of this Section shall not apply to: (1) Contracts awarded to the lowest responsible bidder based on competitive bidding procedures; (2) Merchandise sold to the highest bidder at public auctions; (3) Investments or deposits in financial institutions which are in the business of loaning or receiving moneys; (4) A contract between the Town and an officer if, because of geographic restrictions, the Town could not otherwise reasonably afford itself of the subject of contract. It shall be presumed that the Town could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the Town is greater than ten percent (10%) of a contract with an officer or if the contract is for services that must be performed within a EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 6 of 7 April 1, 2015 limited time period and no other contractor can provide those services within that time period; (5) A contract with respect to which the officer has disclosed his or her personal or financial interest to the Town Council and has not voted thereon, or with respect to which the officer has voted therein in accordance with Section 2.30.100. (c) No Town officer shall be a purchaser or vendor in connection with any sale or purchase made by him or her in his or her official capacity. The provisions of this Subsection shall not apply to those contracts described in Subsection (b) of this Section. 2.30.130 Limitation on subsequent employment. A former Town oOfficer may not, within six (6) months following the termination of his or her office with the Town, contract with or become employed by an employer who contracts with the Town involving matters with which such oOfficer was directly involved during such Officer’s the term of office or with the Town. 2.30.140 Enforcement. (a) The Town Council shall have the primary responsibility for the enforcement of this Chapter. It shall have the power to investigate any complaint, to initiate any suit and to prosecute any criminal or civil action on behalf of the Town wherein it believes such action is appropriate. (b) The Town Council may direct the Town Attorney to investigate or prosecute any apparent violation of this Chapter or the Council may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations by one (1) or more persons of this Chapter. In the event the alleged conflict of interest involves a Council member (or multiple Council members), the Council member(s) who has an alleged conflict of interest shall not vote upon whether to investigate or prosecute the alleged conflict of interest. (c) Any person who believes that a violation of any portion of this Chapter has occurred may file a complaint with the Town Council, which shall promptly investigate such complaint and take such action thereon as the Council shall deem to be appropriate. (d) The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the general fund of the Avon Town government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such Town oOfficer. 2.30.150 Penalties and remedies. (a) It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of this Chapter. Any person who violates any provisions of this Chapter shall be punished in accordance with the provisions of Section 1.08.010 of this Code. Additionally, upon conviction such person shall be liable to the Town for such damages as may have been suffered or incurred as a result of such violation. (b) Upon conviction for any violation of this Chapter such oOfficer shall immediately forfeit his or her office or position. Nothing in this Chapter shall be construed to prohibit such public oOfficer from being reelected, reappointed or otherwise rehired to any position forfeited under the provisions of this Chapter. (c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may, with the consent of the Town Council, EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 7 of 7 April 1, 2015 exempt from the provisions of this Chapter any conduct of a Town Officer upon the finding that the enforcement of this Chapter with respect to such Officer's conduct would not be in the public interest. 2.30.160 Distribution of code of ethics. The Town Clerk shall cause a copy of this code of ethicsthe Avon Town Code of Ethics to be distributed to every Officer of the Town within thirty (30) days after enactment of the ordinance adopting this Chapter. Each Town Officer elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the duties of his or her office. 2.30.170 Gift Reporting. (a) In accordance with §7, Article XXIX of the Colorado Constitution, the requirements of Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is the intention and purpose that this 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 shall completely address all matters set forth in Article XXIX of the Colorado Constitution. (b) Any Town Officer who receives 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 Town Clerk shall promptly disclose gifts received, or offer of future gifts, to the Town Council. The failure of a Town Officer to report a gift to the Town Clerk shall constitute a violation of the Avon Town Code of Ethics. (c) Council shall determine if gifts received or offered in the future constitute a conflict of interest in accordance with the Avon Town Code of Ethics. Council members who are the recipient or intended recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole or offered to Town generally. (d) Gifts which are given by an individual who is a relative or personal friend of the recipient on special occasions shall not be deemed a conflict of interest. Gifts which are given without the purpose or intent to influence a Town Officer in connection with an official act or as a reward for an official act performed and gifts which do not create the appearance of impropriety shall not be a conflict of interest. (e) Gifts which are received which are determined by Council to be a conflict of interest shall be returned. The receipt of a gift or the failure to return a gift or reimburse the equivalent value when Council determines such gift is a conflict of interest shall constitute a violation of the Avon Town Code of Ethics. TOWN OF AVON, COLORADO TOWN OF AVON MINUTES FOR TUESDAY, MARCH 24, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Jennie Fancher called the meeting to order at 5:10 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Jake Wolf, Megan Burch, Matt Gennett, and Scott Prince. Albert “Buz” Reynolds was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Town Engineer Justin Hildreth, Assistant Town Manager/Director of Finance and Administration Scott Wright, Executive Assistant to the Town Manager Preston Neill, and Deputy Town Clerk Richelle Elyse Curran, as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA No public comments were made. 4. PROCLAMATION – ONE BOOK ONE VALLEY The proclamation was approved unanimously by those present (Councilor Reynolds absent). 5. WORK SESSION 5.1. EAGLE RIVER WATER QUALITY UPDATE (EAGLE RIVER WATERSHED COUNCIL) Michael Cacioppo and Seth Mason commented. 6. ACTION ITEMS 6.1. CONTINUED PUBLIC HEARING ON RESOLUTION NO. 15-04, APPROVING A MINOR PUD AMENDMENT FOR LOTS 38 & 39, BLOCK 4, WILDRIDGE SUBDIVISION (TOWN PLANNER BRIAN GARNER) Mayor Fancher opened the Public Hearing; Betty Cage and Bobby Ladd commented. Councilor Wolf moved to continue the Resolution No. 15-04 until the April 28, 2015 Town Council meeting. Furthermore, Council agreed to schedule a publicly noticed site-walk prior to the April 28, 2015 Town Council Meeting. Additionally, Mayor Fancher requested that Planning Manager Matt Pielsticker provide the average single family lot size in the Wildridge Subdivision. Councilor Prince requested a presentation of all previously amended duplex lot splits, and Councilor Gennett requested to review the eligibility criteria to clarify; if the amendment under review truly falls under a minor PUD amendment. Councilor Smith Hymes seconded the continued Public Hearing motion and additional review criteria information to be presented on April 28, 2015 and it passed unanimously by those present (Councilor Reynolds was absent). Avon Council Meeting 03-24-2015 Minutes Page 1 TOWN OF AVON, COLORADO TOWN OF AVON MINUTES FOR TUESDAY, MARCH 24, 2015 AVON TOWN HALL, ONE LAKE STREET 6.2. ACTION ON REQUEST BY STARWOOD VACATION OWNERSHIP TO EXTEND DEVELOPMENT PLAN APPROVAL FOR ‘TIMESHARE EAST’ ON LOT 1, RIVERFRONT SUBDIVISION (PLANNING MANAGER MATT PIELSTICKER) Mayor Fancher opened the discussion to the public for comments; Peter Buckley and Alexander Sheek commented. Councilor Prince moved to approve the request by Starwood Vacation Ownership To Extend Development Plan Approval for Timeshare East’ on Lot 1, Riverfront Subdivision subject to the staff recommendations in the report of: staff recommends approval of the attached request, thereby approving the three (3) year time extension to the approval for Lot 1, Riverfront Subdivision until April 20, 2018, with the following condition: 1. Property owner shall resolve the outstanding conditions of approval cited in Matt Pielsticker’s May 17, 2010 meeting letter prior to the issuance of a grading and/or building permit. 2. If a building permit is not issued, or another extension granted by April 20, 2018, the Development Plan approval for Lot 1, Riverfront Subdivision, is void and a new Development Plan application must be submitted in accordance with the Avon Development Code. Councilor Wolf seconded the motion and it passed unanimously by those present (Councilor Reynolds was absent). 6.3. ACTION ON REQUEST FROM MR. FRANK NAVARRO FOR ASSISTANCE WITH WATER RIGHTS PURCHASE COSTS FOR THE BROOKSIDE PARK PUD (TOWN ENGINEER JUSTIN HILDRETH) Mayor Fancher opened the discussion to the public for comments; Rick Pylman commented. Council agreed to approve an amount of five thousand dollars to be paid out of the Avon Water Fund to Brookside Park. Councilor Smith Hymes moved to approve the five thousand dollars; and Councilor Wolf seconded the motion and it passed 3 to 1 vote. Councilor Gennett voted no, Councilor Burch abstained, Councilor Prince recused himself, and Councilor Reynolds was absent. 6.4. PUBLIC HEARING SECOND 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) Mayor Fancher opened the Public Hearing; Betty Cage commented. Councilor Gennett moved to approve Second Reading of Ordinance No. 15-02. Councilor Wolf seconded the motion and it passed unanimously by those present (Councilor Reynolds was absent). 6.5. RESOLUTION NO. 15-07 SETTING BUSINESS LICENSE FEES (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Mayor Fancher opened the discussion to the public, and no comments were made. Councilor Gennett moved to approve Resolution No. 15-07 Setting Business License Fees. Councilor Prince seconded the motion and it passed unanimously by those present (Councilor Reynolds was absent). Avon Council Meeting 03-24-2015 Minutes Page 2 TOWN OF AVON, COLORADO TOWN OF AVON MINUTES FOR TUESDAY, MARCH 24, 2015 AVON TOWN HALL, ONE LAKE STREET 6.6. MINUTES FROM MARCH 10, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve the Minutes from the March 10, 2015 meeting. Councilor Wolf seconded the motion and it passed unanimously by those present (Councilor Reynolds was absent). 7. WORK SESSION 7.1. POLICY DIRECTION FOR AMENDING THE TOWN COUNCIL ETHICS CODE (TOWN ATTORNEY ERIC HEIL) Betty Cage commented. 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8.1. CAST MEETING (MAYOR JENNIE FANCHER) 9. MAYOR & COUNCIL COMMENTS 10. WRITTEN REPORTS 10.1. MODIFIED PUBLIC IMPROVEMENTS AGREEMENT (TOWN ATTORNEY E RIC HEIL) 10.2. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 11. EXECUTIVE SESSION, IF CALLED (THIS SESSION IS NOT OPEN TO THE PUBLIC) 12. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:46 p.m. RESPECTFULLY SUBMITTED: _________________________________ Richelle Elyse Curran, Deputy Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ______________________________ Avon Council Meeting 03-24-2015 Minutes Page 3