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TC Council Packet 11-17-2015 TA,C OWN OF VON OLORADO AMT,N17,2015 T OWN OF VON EETINGS FOR UESDAY OVEMBER RMB5:00PM EGULAR EETING EGINS AT ATH,OLS VON OWN ALL NE AKE TREET RMB5:00 EGULAR EETING EGINS AT PM O&RC 1.C ALL TO RDER OLL ALL 2.AA PPROVAL OF GENDA 3.PC–CWILA UBLIC OMMENT OMMENTS ARE ELCOME ON TEMS NOT ISTED ON THE FOLLOWING GENDA 4.AI CTION TEMS ARF CM&AF 4.1.R EVIEW AND CTION ON EQUEST FOR UNDING FOR THE OVERSTOCK USIC RT ESTIVAL (PTD) RODUCER OM OBREZ 4.2.FRON15-11,OAAMCT IRST EADING OF RDINANCE O AN RDINANCE MENDING THE VON UNICIPAL ODE ABLE 7.16-1S7.16.060()(1)CAWPUDA AND ECTION H ONCERNING MENDMENTS TO ILDRIDGE PPLICATIONS (TPBG) OWN LANNER RIAN ARNER 4.3.FRON.15-12AEVRRH IRST EADING OF RDINANCE O PPROVING AN XTENSION OF ESTED IGHTS FOR THE ED OUSE PUD(TPBG) LANNED NIT EVELOPMENT OWN LANNER RIAN ARNER 4.4.FRON.15-14PZCMWC IRST EADING OF RDINANCE O REGARDING EMBER ORK ONFLICTS (TAEH) OWN TTORNEY RIC EIL 4.5.FRON.15-13,OAS8.25.030A IRST EADING OF RDINANCE O AN RDINANCE MENDING ECTION OF THE VON MC,ASFAO UNICIPAL ODE ALSO KNOWN AS THE VON MOKE REE IR RDINANCE ATMPN) (E XECUTIVE SSISTANT TO THE OWN ANAGER RESTON EILL 4.6.CA ONSENT GENDA 4.6.1.AAECGTA PPROVAL OF AN GREEMENT BETWEEN AGLE OUNTY OVERNMENT AND THE OWN OF VON CPLTBCM ONCERNING THE URCHASE OF ARGE RANSIT USES UNDER THE OLORADO OUNTAIN PCP(TDJB) URCHASING ONSORTIUM ROCUREMENTRANSIT IRECTOR ANE URDEN 4.6.2AN10,2015RMM(TCDH) PPROVAL OF OVEMBER EGULAR EETING INUTES OWN LERK EBBIE OPPE 5.WS ORK ESSION DUNPP,DP,JU 5.1.R ECREATION EPARTMENT PDATE ON OTTINGHAM ARK LAYGROUND OG ARK OINT SE RP,PHT20AOTARC TH ECREATION ASS ROGRAM IGHLIGHTS AND HE NNIVERSARY F HE VON ECREATION ENTER (RDJC) ECREATION IRECTOR OHN URUTCHET 6.CMU:CM OMMITTEE EETING PDATES OUNCILORS AND AYOR 7.M&CC AYOR OUNCIL OMMENTS 8.A DJOURNMENT _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Director of Festivals & Special Events Danita Dempsey Town Manager Virginia C. Egger Date: November 10, 2015 Agenda Topic: Request for Funding – CoverStock Music & Art Festival: Harry A. Nottingham Park Performance Pavilion and Main Street Mall BACKGROUND: To further the Town of Avon’s economic development strategy, which calls for the Town to financially seed special events, with a goal of developing signature events for the Town, a Request for Qualifications (RFQ) was issued to producers and promoters covering a broad range of performance types, for activation at Avon’s two prominent venues – the Harry A. Nottingham Park Performance Pavilion and the Main Street Mall. PROPOSAL FOR USE OF THE AVON PERFORMANCE PAVILION, MAIN ATHLETIC FIELD & MAIN STREET MALL: Mr. Tom Dobrez, owner of Local Events, LLC, an events production company, and owner for the past 14 years of KZYR, has responded to the RFQ with a proposal to produce the CoverStock Music & Art Festival, which will feature “Tribute Bands”, combined with high-end concert poster art exhibit. CoverStock Music & Art Festival - Avon Performance Pavilion thth and Sunday, June 26 2016 Saturday, June 25 The request is for exclusive use of the Avon Performance Pavilion, main athletic field and Town Hall parking lots for the production of a 2-day, ticketed festival The first year Tribute Band theme is Woodstock; themes would change yearly First year paid attendance is estimated at 2,500 persons Attendance growth projections: Year 2 – 3,000 and Year 3 – 3,700 Event would sell liquor through a local non-profit Main Street Mall American Poster Institute Exhibit - thth and Sunday, June 26 2016 Saturday, June 25 Free event This distinctive art element is made possible through the producer’s partnerships with FLATSTOCK and the American Poster Institute (API). According to the API, “FLATSTOCK is an ongoing series of exhibitions featuring the work of many of the most popular concert poster artists working today. The API is a nonprofit corporation dedicated to serving poster artists and promoting the art form. The best concert posters have always captured both the essence of the music they promoted and the spirit of the time in which they were produced.” API hosts two major FLATSTOCK events annually in Chicago and Austin. This event has chance to be the 3rd and only Western appearance. The FLATSTOCK Poster Exhibit provides the general public with an ongoing series of opportunities to see fine poster art in person and to meet the artists who have created it. The proposal is attached as Exhibit A and Mr. Dobrez will be presenting his concept and request at the th meeting. November 17 1 Council Report – Request for Funding for CoverStock Music Festival 2016 PRODUCER QUALIFICATIONS: Mr. Dobrez founded and operated a national radio advertising firm representing 1,600 stations for 28 years maintaining relationships with some of the nation’s leading advertisers. It is during this time he discovered his true passion for radio and music realizing his dream in 2001 when he purchased KZYR “The Zephyr” in the Vail Valley and KSNO in the Roaring Fork Valley. His most recent acquisition is KKVM “The Mile” serving Summit and Eagle counties. To further expand his production knowledge, Mr. Dobrez studied the back office administration of countless music festivals ranging from Bonnaroo to Lollapalooza and New Orleans Jazz to WinterWonderGrass, to name a few. Mr. Dobrez has created lasting partnerships with investors, advertisers, event management companies and countless musicians. RETURN ON INVESTMENT: CoverStock is asking for $35,000 in direct financial support in its first year. A return on investment analysis, over three years, is provided in the attached Exhibit B - ROI Assumptions Demonstration. The results demonstrate, as the event grows over time and gains profitability, there is a yearly decrease in the need for seed funds. The results also project the Town of Avon would fully recover its contribution and experience additional revenues, from a combination of sales and lodging taxes and ticket admission fees, as early as year two. Seed funds year one = $35,000 Net Recovered/Unrecovered Investment = ($8,823) Seed funds year two = $28,500 Net Recovered/Unrecovered Investment = $10,395 Seed funds year three = $24,500 Net Recovered/Unrecovered Investment = $31,000 The proposal also asks for an in-kind commitment for police services, bus transportation, traffic control, banner installation/removal and staff assistance of up to $7,500. These expenses are covered through ticket fee revenue or in the internal budget of the respective Town department. The Net Recovered Investment indicates that by year two these costs are fully funded with new revenue. STAFF RECOMMENDATION: Special events are integral and a key component in a resort community economy of which a mix and variety brings interest, culture, liveliness, creates a sense of place and community for residents. Additionally, special events are often the basis for guest visits. Funding special events, the Town believes will grow into signature events being synonymous with Avon, are of specific interest. Over the past two years, and in particular with the Pavilion and Main Street Mall being completed, the funding of new events has provided important information as to the “how and what” to activate. Important take-aways include the qualifications of the producer in the genre of event being proposed, a “spin-on” or unique idea for the event, and realistic expectations for attendance and thereby revenue collections. Staff believes the CoverStock Music & Art Festival meets the Town’s desire to seed and support a concept that can become a signature event. The event dates bring a 2-day event at the start of the summer, which is desirable. We find that the producer has the business capability, private financial support, music background and passion to initiate and grow the event. The event is especially attractive with the activation of the Main Street Mall art exhibit. The in-kind services requested, in the amount of $7,500, are commensurate with the size of the expected attendance, first year support needs and type of production. The request of $35,000 for the first year, with a forecasted unrecovered investment of $8,823, presents a good opportunity for the Town to launch this event. RECOMMENDED MOTION: If Council concurs, the motion would be: I move to approve funding in the amount of $35,000 to Local Events, LLC for the production of the CoverStock Music & Art Festival . Funding will be from the 2016 General Fund Special Events Assigned Fund Balance, and is conditional on the Avon Town Council approving this line item in the 2016 General Fund budget on December 8, 2015. In addition, I move to approve up to $7,500 of in-kind services. ATTACHMENTS: Exhibit A - CoverStock Music & Art Festival Proposal 2 Council Report – Request for Funding for CoverStock Music Festival 2016 Exhibit B – CoverStock ROI Projections 3 Council Report – Request for Funding for CoverStock Music Festival 2016 tribute bands playing the music of Woodstock June 25th-26th, 2016 Coverstock 1 Avon, Co COVERSTOCK 1 IN AVON Tribute Bands @ Chicago and Austin. This event has chance to be their API host 2 major Flatstock events annually in Saturday-Sunday American Poster Institute Exhibit -Main Street Mall . 3rd and only Western appearance June 25th-26th, 2016 Avon Performance Pavilion ¥¥¥ SCOPE 4pm- The Weight- The Band 12p-BACK TO GARDEN - Joe Cocker/Sly & Family 6pm-Purple Haze- Jimi 2pm- 4x20 - CSN&Y SUNDAY Poster Exhibit Hours 11a-7pm Hendrix Stone SAMPLE SCHEDULE ¥¥¥¥ 2pm- Creedence Clearwater Rev Janis Joplin, Jefferson Airplane 12p-BACK TO GARDEN - 8pm-Grateful Dead Tribute 4pm Abraxas Santana 6pm- The Who Show SATURDAY ¥¥¥¥¥ Local 40% PROJECTED DEMOGRAPHICS Colorado Visitors 35% 25% 35% Front Range(state) Boomers Aged 45-70 25% out of state 40% Local ¥¥¥¥ 2017 = $28,500 In Kind $7,500 2016 = $35,000 In Kind $7,500 2018 = $24,500 In Kind $7,500 FUNDING REQUESTS Three Year Seed Monies ¥¥¥ CALCULATIONS $23,040.00 $15,096.00$43,575.00 $576,000 $377,400 $135,975 $63,000 $24,500 $16,650 $31,000 $5,439$7,500 $2,775 12,5807,200 2018 2,775 486 971 925 3700 per day ASSUMPTION $30.00 14,800 9,000 3,700$140 80% 85% 25%35%$80 75% 2 CALCULATIONS $16,800.00$30,645.00 $10,200.00 $420,000 $255,000 $46,395 $28,500$10,395 $13,500 $91,125 $3,645 $7,500 $2,250 5,600 10,200 2017 2,250 338 750 675 Exhibit B - 2016-2018 ROI Coverstock Weekend - 2 DAYS 3000 per day ASSUMPTION $25.00 12,000 3,0007,000 $135 30%85%80% $75 25% 75% 2 CALCULATIONS $11,200.00 $21,302.50 $280,000 $7,990.00($8,823) $199,750 $35,000 8,500 $33,678 $52,813 1,625 $2,625 $9,750$7,500 $2,113 4,000 2016 203 875406 2500 per day ASSUMPTION 2,500 10,000 $23.50 5,000 $130 80% 65%85% 35%25% $70 2 ** Based on Destimetrics June 2015 * Based on Cevent Destination Guide - Vail, CO AVERAGE INCREMENTAL PURCHASE AMOUNT - Over 2/days TOTAL MEALS AVAILABLE FOR WEEKEND (2/per day) ANNUAL TOWN OF AVON FINANCIAL INVESTMENT TOTAL PERCENT EATING MEALS IN RESTAURANTS 2 DAY SPECIAL EVENT TICKET ADMISSION FEE $3 1 DAY SPECIAL EVENT TICKET ADMISSION FEE $3 ANNUAL TOWN OF AVON IN KIND INVESTMENT TOTAL % BUYING FOOD, RETAIL, INCREMENTAL AVERAGE DAILY MEAL COST OUTSIDE VENUE** NET UNRECOVERED/RECOVERED INVESTMENT TOTAL PERCENT PURCHASING 2-DAY PASSES AVERAGE HOTEL RATE* - 2 nights/per person TOTAL PERCENT PURCHASING 1-DAY PASSES COMMODITY TOTAL PERSONS FOR THE WEEKEND TOTAL % STAYING IN LODGING AVERAGE PERSONS PER UNIT 4% ACCOMMODATIONS TAX TOTAL TICKETS PER DAY TOTAL REVENUE 4% SALES TAX 4% SALES TAX TOTAL TAXES TOWN COUNCIL REPORT To: Honorable Mayor and Members of Town Council From: Brian Garner, Town Planner Date: November 17, 2015 Town Council Meeting Agenda Topic: PUBLIC HEARING -Ordinance 2015-11 Project: Case #CTA15001 Code Text Amendment Pertaining to Proposed Minor PUD Amendments in the Wildridge Subdivision Summary Recent developmentwithin the Wildridge subdivision has prompted a number of discussions with Town Council and the Planning & Zoning Commission questioning the adequacy of current development regulations. Of particular concern are PUD amendment applications that result in lot splits and change the building type from a duplex (or more attached units) to single-family- detached units. Council and PZC indicated interest in adopting additional review criteria for review of lot split PUD Amendments to improve mitigation of potential impacts to affected properties and to codify best practices incorporated in past lot split PUD amendment approvals. Among the changes shown herein, a new category of review criteria specific to minor PUD amendment applications that result in lot splits in Wildridge is prescribed to better address the specific needs of that environment. PUD amendment proposals will need to address specific site characteristics unique to the Wildridge neighborhood to demonstrate that a development proposal is not more impactful than development proposed under the existing site allowance. The language is intended to provide the Planning & Zoning Commission with ample discretion to review proposals on a site-by-site basis. New language and sections are shown in red. Most notable of the proposed code text revision is a change in the review and final decision that is now proposed to be completed by the Planning & Zoning Commission, rather than Town Council, for applications to amend the Wildridge PUD. However, applications that propose significant deviation from the Wildridge PUD (i.e. zone change from residential to commercial) will continue to be a Town Council consideration and approval process. Therefore, a proposed minor amendment to the Wildridge PUD will be considered by the PZC only if it meets the established criteria for decision by the PZC and has first been determined as such by the Director. Leading up to the recommendation of approval by PZC at the September 29 hearing, several members of the public spoke to the proposed language. This public input helped craft the final code text amendment that is now before Council for consideration. The PZC voted 6-0 in favor of the proposed language. The specific organization and language of the Wildridge-specific code text amendment is attached to this memo as Ordinance 2015-11. 1 Case #CTA15001Ordinance 2015-11 Background Benchmark Properties created the Wildridge Subdivision in 1979, shortly after the incorporation of the Town of Avon on February 28, 1978. According to the Wildridge Final Plat application for Wildridge and Wildwood Subdivisions, the overall development concept was for “abundant open space recreation areas around lots” with a density of “barely one dwelling unit per acre”. The original Wildridge “Specially Planned Area” (now considered a “PUD”) and the accompanying Subdivision plat, were established to offer a diverse range of housing types and options to serve a diverse local population. In 1981, the Wildridge Subdivision was completely replatted with a total of 849 planned development units and is the foundation of the current zoning in Wildridge. Over the years, there have been a number of PUD amendments that alter the defined building type, resulting in lot splits. In most cases, the density has been reduced or resulted in the same number as originally intended. §7.16.040(c), Code Text Amendment Review Criteria The Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response to Review Criteria The proposed text amendment is intended to promote the health, safety and welfare of the Avon community as well as to reinforce the goals and policies of the Avon Comprehensive Plan. Changing economic conditions within the community are resulting in a greater demand for single-family-detached homes in lieu of attached units. Therefore, the code text amendment is intended to mitigate impacts to the community when changes to the existing development rights are proposed. PZC Recommendation After holding a public hearing and considering public comments at the September 29, 2015 PZC meeting, the PZC recommended APPROVAL of the Application. 2 Case #CTA15001Ordinance 2015-11 For consideration by Council, the following findings are applicable: Findings: 1.The Code Text Amendment is intended to mitigate negative impacts to adjacent property from development proposals that seek to change the existing development rights. 2.The Code Text Amendment for a Wildridge-specific minor PUD amendment process is in the interest of the public health, welfare and safety for the protection of the people of Avon. Proposed Motion: “I move to approve Ordinance 2015-11, thereby approving Case #CTA15001, an application for a code text amendment pertaining specifically to the Wildridge Subdivision in its entirety, an application to add a new Section 7.16.060(h)(1)(iii) Amendments to Wildridge PUD to the Avon Development Code and edit Table 7.16-1 accordingly, together with the findings of fact. “ Attachments A: Ordinance 2015-11 B: Wildridge Development Summary Map 11/2015 3 Case #CTA15001Ordinance 2015-11 TOWN OF AVON, COLORADO ORDINANCE 2015-11 AN ORDINANCE AMENDING AVON MUNICIPAL CODE TABLE 7.16-1 ANDSECTION7.16.060(h)(1)CONCERNING AMENDMENTS TO WILDRIDGE PUDAPPLICATIONS WHEREAS , the Avon Town Council initiated an application (“Application”) to amend the text ofthe Avon Development Code (“ADC”)in accordance with Section 7.16.040 of the ADC; WHEREAS , the Application would amend Sections 7.16.060(h)(1)PUD Amendment Categories and 7.16.060(h)(2)Reviewing Authorityand Table 7.16-1, Development Review Procedures, in accordance with the Code Text Amendment; WHEREAS , the Avon Planning & Zoning Commissionheld apublic hearingonSeptember 29, 2015,after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREA S, after conducting the noticed Public Hearing, PZC made the required findings to recommend approval ofthe application to the Town Council; WHEREAS , the Town Council of the Town of Avon held apublic hearing onNovember 17, 2015after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on theApplication; WHEREAS , pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendmentand found the Application in compliance with the review criteria, and specifically finds that the text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions and promotes the health, safety and general welfare of the Avon community;and, WHEREAS , approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Codeby setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects,or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD FIRST READING-November 17, 2015 Page 1of 5 Section 1.Recitals Incorporated . The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2.Amendment to Table 7.16-1: Development Review Procedures and Review Authority . Table 7.16-1, Development Review Procedures and Review Authority, of the ADC is amended to insert anewhorizontal cell row adjacent to the category for Planned Unit Development, located below “Minor PUD Amendment” and above “Major PUD Amendment” and shall read “Minor PUD Amendment to Wildridge PUD”together with a cell for “R” under the Director column;a cell for “H-D” under the PZC column; and a cell for “A” under the TC column, to read as follows: Minor PUD Amendment to Wildridge PUDRH-DA Section 3.Amendment to Add a New Section 7.16.060(h) is hereby repealed in its entirety and re-enacted to read as follows: (1)PUD Amendment Categories. Categories of PUD amendments are established and defined as follows for the purpose of determining the appropriate review procedure: (i)Administrative Amendment. A proposed PUD amendment is considered administratively if it provides for the correction of any errors caused by mistakes that do not materially alter the substance of the PUD development plan as represented to the Town Council. (ii)Minor Amendment. A proposed PUD amendment is considered minor if it meets the following criteria for decision and has been determined as such by the Director: (A)The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of development. (B)The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. (C)The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. (iii)Minor Amendmentto Wildridge PUD. A proposed PUDAmendment to the Wildridge PUD to permit a lot split of a duplex lot into two lots is considered a Minor Wildridge PUD amendment if it meets the following criteria for decision and has been determined as such by the Director: (A) The proposed duplex lot split is located in theWildridge PUDSubdivision. Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD FIRST READING-November 17, 2015 Page 2of 5 (B) The proposed minor PUD amendmentmeets the criteria for a Minor Amendment in Section 7.16.060(h)(1)(ii). (C) The minor PUD amendment proposes to split one lot permitting a residential duplex dwelling into two lots permitting one detached single-family-residential dwelling on each lot. (iv) Major Amendment. A PUD amendment that is not classified as an administrative or minor amendment or minor amendment to Wildridge PUD is considered a major amendment. (2)Reviewing Authority. (i) Administrative Amendments. The Director shall review and render decisions on Administrative Amendments. A decision of the Director may be appealed to the Council pursuant to Section 7.16.160, Appeal. (ii) Minor Amendments. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to minor PUD amendment applications. The PZC shall review all minor PUD amendment applications and shall provide a recommendation to the Town Council after conducting a public hearing.The Town Council shall review and render a final decision, through a resolution, on a minor PUD amendment application after conducting a public hearing. (iii) Minor Amendments to Wildridge PUD. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to Minor Amendment to Wildridge PUD applications. The PZC shall review and render a final decision, through a resolution, on a qualifying Wildridge minor PUD Amendment application after conducting a public hearing. A decision of the PZC may be appealed to the Council pursuant to Section 7.16.160, Appeal. (iv) Major Amendments.The general procedures set forth in Section 7.16.020 shall apply to major PUD amendment applications. All major PUD amendment applicationsshall be processed as preliminary PUD and final PUD applications. (3)Review Criteria. The PZC and Council shall review a PUD amendment according to the same approval criteria listed above for a preliminary PUD development plan. (4)Additional Review Criteria.The PZC shall review a minor amendment to the Wildridge PUD application according the following criteriain addition to the review criteria for a preliminary PUD development plan: (i)The application results inless total site coverageand contains restrictions on building envelopeswhen deemed appropriateto minimize site disturbance; Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD FIRST READING-November 17, 2015 Page 3of 5 (ii)Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasibleand when a shared driveway curb cut would reduce site disturbance; (iii)Areas not appropriate for development are designated on the PUD plan; (iv)The proposed development of the site avoids disturbanceof slopes greater than 30% or reduces potential disturbance of slopes greater than 30% compared to the existing PUD designation; and, (v)The PUD plan incorporates requirements and/or restrictions as deemed appropriate to minimize or mitigate impacts to properties in the vicinity, including but not limited to: (A)enhanced landscaping; (B)increased building setbacks; (C)designated building footprints;and, (D)designated architectural massing, including but not limited to maximum building square footage designation.” Section 4.Codification of Amendments . The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations,provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 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 provisionor 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 6.Effective Date . This Ordinance shall take effect thirty days after final adoptionin accordance with Section 6.4 of the Avon Home Rule Charter. Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD FIRST READING-November 17, 2015 Page 4of 5 Section 7.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, andthat 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 8.Publication .The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED, APPROVED, PASSED ON FIRST READING ANDORDERED POSTED onNovember 17, 2015and a public hearing on this ordinance shall be held at the regular meeting of the Town Council onDecember 8, 2015, at 5:00 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. ____________________________ Jennie Fancher, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST:APPROVED AS TO FORM: ________________________________________________________ Debbie Hoppe, Town ClerkEric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on December 8, 2015. ____________________________ Jennie Fancher,Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: __________________________ Debbie Hoppe, Town Clerk Ordinance No. 2015-11–Minor PUD Amendment to Wildridge PUD FIRST READING-November 17, 2015 Page 5of 5 JUNE PT J E G ID R N Legend Undeveloped Lots (31 Lots) Single Family Zoned (63 Lots) Multi Family Zoned (40 Lots) Duplex Zoned Properties (263) Single Family Homes Zoned for Duplex (92 Lots) Property Boundaries Building Footprints Wildridge Development Summary This map was produced by the Community Development Department. Use of this map Wildridge Development Summary should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Feet 0245490 Eagle County, Colorado Govmnt, GIS Dept P:\\Towns\\Town_of_Avon\\Wildridge_Lot_Entitlement_030915\\MXD\\WR_singlefamily_zonedduplex_091415_8.5x11.mxd Date: 11/5/2015 8:59:24 AM Name: amy.szczesny TOWN COUNCIL REPORT To: Honorable Mayor and Members of Town Council From: Brian Garner, Town Planner Date: November 17, 2015 Town Council Meeting Agenda Topic: PUBLIC HEARING -Ordinance 2015-12 Project: Case #VPR15001 Request to extend Vested Property Rights for three years for development of the Red House property. Summary Eagle River at Avon Lot 1, or the “Red House” property, recently sold to a new owner and contains development rights to construct fifteen (15) residential townhouse units on the property. In September, 2015 the property was sold by Vail Corporation and purchased by Gregg & Co. Builders, a local building and development company that has been developing homes in the Vail Valley for the past 25 years, according to the Applicant’s narrative. The Vested Property Rights providing the ongoing approval of the site specific development plan is set to expire in July, 2016 per the terms of the Annexation and Development Agreement. Pursuant to section 7.16.140(f) of the Avon Development Code, a landowner may seek extension of vested property rights by submitting a request for extension at least six months prior to the expiration of the existing vested property rights. The new property owner is seeking a three (3) year extension of the existing vested property rights. While not a part of this Application, the new owner of the Red House property is seeking to acquire a small adjacent parcel of land from the Vail Corporation. Lot 2, Riverside Subdivision is adjacent to the east side of the Red House property and comprises 0.37 acres zoned Open Space, Landscaping, Drainage (OLD) in the Town of Avon. A permanent access easement across Lot 2 was granted in 2014 through Ordinance 2014-12 for the purpose of constructing the Eagle Valley Trail segment, anticipated to commence construction in 2016. According to the owner’s representative, if Lot 2 is acquired the owner would like to use it as an amenity for owners of the townhomes to be constructed on the Red House property. Staff will continue to work with the owner toward an agreement to provide a public benefit through an easement to permit public access to the Eagle River from the new segment of the Eagle Valley Trail, if possible. Approval of the request requires a first and second reading of an ordinance and approval by Town Council. Vested Property Right applications are not referred to the Planning & Zoning Commission for a recommendation. The application is noticed as a public hearing in compliance with Section 7.16.020(d) of the Avon Development Code. Second reading of Ordinance 2015-12 is scheduled for the December 8, 2015 Council meeting. 1 Case #CTA15001Ordinance 2015-11 Background As approved by Town Council through Ordinance 2009-06, the Red House Property was annexed to the Town of Avon in 2009. Subsequently, the Property was zoned PUD through Ordinance 2009-07 in conjunction with a site-specific development plan containing vested property rights for seven (7) years, expiring July 28, 2016. The site specific development plan includes fifteen (15) townhome units arranged along an access driveway. The townhome residences are designed as three separate buildings: a four-plex and a five-plex along the Eagle River and Beaver Creek frontage and a six-plex in the interior, according to the Red House Development Plan. The approved Development Plan is attachment to this staff report. As required by Article II, 2.1 of the Annexation and Development Agreement, the property was replatted through the Town’s subdivision process as the final plat of Eagle River at Avon, approved by Council through Resolution 09-29. Vested Property Right Definition Vested Property Right means the right to undertake and complete the development and use of property under the express terms and conditions of a site specific development plan. Site Specific Development Plan Definition Site specific development plan means a planned unit development plan or any amendment thereto, approved pursuant to Section 7.16.060, Planned Unit Developments, together with a development agreement approved pursuant to Section 7.16.140 hereof. 2009 Annexation and Development Agreement Article II - 2.2 Vesting of Property Rights. The PUD Development Plan and Development Standards constitute an approved “site-specific development plan” as defined in the Vested Property Rights Statute and Vested Property Rights Code and Owner shall have vested property rights, pursuant to the Vested Property Rights Statute and Vested Property Rights Code as implemented by this Agreement, to undertake and complete development and use of the Property under the terms and conditions of the PUD Development Plan and Development Standards during the Term. Pursuant to Section 17.14.050 of the Vested Property Rights Code and this Agreement, the PUD Development Plan and Development Standards constitute a site specific development plan for which a vested property right has been granted pursuant to Article 68 of Title 24, C.R.S., for the Term. Section 7.16.140(f) Extension of Vested Property Rights A landowner may request an extension of vested property rights by submitting an application for extension of vested property rights at least six (6) months prior to the expiration of the vested property rights. No application for extension of a vested property right shall be approved until after providing notice and conducting public hearings in compliance with Subsection 7.16.020(d). The guidelines in Paragraph 7.16.140(e)(2) shall be considered when determining whether to grant an extension to a vested property right. An extension of a vested property right shall be approved by ordinance. The notice of approval provisions in 2 Case #CTA15001Ordinance 2015-11 Paragraph7.16.140(d)(1) above shall apply to any approval for extension of vested property rights. Section 7.16.140(e)(2), Approval Guidelines The Town Council shall use the following guidelines when determining whether to grant vested property rights for a period greater than three (3) years: (i) The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; (ii) Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; (iv) Compliance with the Avon Comprehensive Plan and other community planning documents; (v) Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; (vi) Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; (viii) The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; (ix) Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and (x) Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Staff Response to Approval Guidelines The request to extend the vested property rights to maintain the current approval of the development plan is reasonable given the poor economic conditions since the 2009 approval and the recent transaction to the new owner. In particular, Guidelines ii and iii above address the economic reasons for granting the extension. It should be noted that there are no substantive changes to the Avon Development Code that would cause a change to the approved development plan if submitted today as a new submittal for review and approval. A number of public amenities remain attached to the approved development plan including a river access path, employee housing and right-of-way improvements that carries forward with 3 Case #CTA15001Ordinance 2015-11 the vesting extension, if approved. Lastly, the property has water rights for fifteen (15) S.F.E.’s approved through a supplemental water lease agreement in 2009. The three year extension request provides the new property owner with greater surety that the development plan approval is locked-in so that construction documents can be prepared for development of the site. Staff Recommendation Staff recommends APPROVAL of the Application to extend the vested property rights for three (3) years as requested by the Applicant. Proposed Motion: “I move to approve Ordinance 2015-12 on first reading and setting a public hearing date of December 8, 2015, thereby approving Case #VPR15001, an application to extend the vested property rights for the Red House Property.” Attachments A: Draft Ordinance 2015-12 B: 2009 Annexation and Development Agreement C: Red House PUD Development Plan D: Applicant’s Extension Request Narrative 4 Case #CTA15001Ordinance 2015-11 TOWN OF AVON, COLORADO ORDINANCE 2015-12 AN ORDINANCE AMENDING THE ANNEXATION AND DEVELOPMENT AGREEMENT THEREBY EXTENDING THE EXISTING VESTED PROPERTY RIGHTS FOR THE RED HOUSE PUD PROPERTY LOCATED AT LOT 1, EAGLE RIVER AT AVON SUBDIVISION, TOWN OF AVON, STATE OF COLORADO 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 ,Dominic Mauriello, Mauriello Planning Group on behalf of Red House Avon, LLC (“Applicant” or“Owner”) has submitted a Vested Property Rights Application (“Application”) to amend the Annexationand Development Agreementapproved by Council through Ordinance 09-07(“Development Agreement”),therebyamendingthe term of the Development Agreement as defined in Section 3.1of Article III;and WHEREAS ,the Application amendsSection3.1of Article III of the Development Agreement to extend the expiration date for an additional three(3) years to then expire July 28, 2019;and WHEREAS, pursuant to Section 7.16.140(f), Extension of Vested Property Rights, the Town Council finds the Application eligible for consideration since the Application was submitted at least six (6) months prior to the expiration of the vested property rights; and WHEREAS ,pursuant to Section 7.16.140(e)(2), Avon Municipal Code, the Town Council has considered the applicable guidelines for the Application; and WHEREAS , the Town Council of the Town of Avon held public hearingsonNovember 17, 2015and December 8, 2015after posting notice of such hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided before taking action; and WHEREAS , the Town Council makes the following specific findings as the basis for its decision as required by Section 7.16.020(f)(3) of the Avon Development Code: The Application meets the review criteria set forth in Section 7.16.140(e)(2), specifically: (ii) and (iii) Property values and the real estate market experienced a significant downturn for several years, commencing locally in early 2009 and continuing for several years during the Ordinance No. 2015-12–Red House Vested Property Rights FIRST READING -November 17, 2015 Page 1of 4 initial vested rights periodand market conditions for the construction of new multi-family residential product have improved only recently;and, (iv) There have been no changes to the Avon Comprehensive Plan or other community planning documents that affect the project as originally approved in 2009; therefore, the project continues to comply with the Avon Comprehensive Plan and other community planning documents;and, (v) The project has provided a portion of the required public amenities through the dedication of land for recreation and preservation of the Eagle river and the terms of the Development Agreement require additional amenities including road way improvements, school land dedications, water rights dedications, landscaping improvements and employee housing mitigation; and, (vii) The extended duration of the vested property rights for an additional (3) years is reasonable considering the local, state and national economic recovery and localmarket conditions for new construction of multi-family residential product; and, WHEREAS , approval of this Ordinance on first reading is intended onlyto confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development Codeby setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects,or denies the proposed zoning or other matters in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1.Recitals Incorporated . The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2.Red House Annexation and Development AgreementAmendment .The Red House Annexation and Development Agreement is hereby amended by replacing the language in Article III –Term, Section 3.1 in its entirety to read as follows: “3.1 Term. In recognition of the nature ofthe development contemplated under this Agreement, the investment and time required to complete the development of the Property, the potential for phased development of the Property, the possible impact of the recent economic downturn and other economic cycles, and poor market conditions at the time of approval, and in recognition of the current severity of the economic recession and uncertainty of economic recovery, the term of the Vested Property Rights shall th commence on the Effective Date and shall continue through and including the tenth (10) Term anniversary of the Effective Date (“”)and shall expire on July 28, 2019. Expiration Ordinance No. 2015-12–Red House Vested Property Rights FIRST READING -November 17, 2015 Page 2of 4 or earlier termination of the Term shall not (a) affect any other obligations of the Parties contained in the Agreement, (b) affect any right arising from the issuance of a building permit (but limited to the building for which it is issued) or common law vested property rights obtained prior to the expiration of the Term, or (c) without additional action, result in the termination or rescission of any other legislative, quasi-judicial or administrative approvals occurring prior to the expiration of the Term.” Section 3.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 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 final adoptionin accordance with Section 6.4 of the Avon Home Rule Charter. Section 6.Safety Clause .The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7.Publication .The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. \[EXECUTION PAGE FOLLOWS\] Ordinance No. 2015-12–Red House Vested Property Rights FIRST READING -November 17, 2015 Page 3of 4 INTRODUCED, APPROVED, PASSED ON FIRST READING ANDORDERED POSTED onNovember 17, 2015and a public hearing on this ordinance shall be held at the regular meeting of the Town Council onDecember 8, 2015, at 5:00 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. BY:ATTEST: ________________________________________________________ Jennie Fancher, MayorDebbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING onDecember 8, 2015. BY:ATTEST: ________________________________________________________ Jennie Fancher, MayorDebbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ordinance No. 2015-12–Red House Vested Property Rights FIRST READING -November 17, 2015 Page 4of 4 October 19, 2015 Matt Pielsticker, AICP Planning Manager Town of Avon One Lake Street Avon, Colorado 81620 Re: Red House - Vested Rights Extension Dear Matt: Mauriello Planning Group is assisting the new owners of the Red House property located at Lot 1, Eagle River at Avon, 38359 Highway 6, to extend the vested rights period another 3 years (the typical statutory period). The property was purchased in September of this year by Gregg & Co. Builders, a local building and development company that has been developing homes in the Vail Valley for the past 25 years. The Red House PUD, approved in 2009, provides for the development of 15 townhouse units in a beautiful setting along the Eagle River. The project provides for many benefits to the Town including the dedicating of land, easements, and pedestrian improvements along the Eagle River, provisions for workforce housing, roadway improvements, and dedication of water rights. PO Box 4777 970.376.3318 Eagle, Colorado 81631 www.mpgvail.com According to the Annexation and Development Agreement for this PUD, the period of vested rights for this PUD (a site specific development plan) will expire on July ??, 2016. The new owners of the property expect to move forward expeditiously with development of the project, but having just purchased the property and not having a firm understanding of construction costs, the need for plan refinements, and the generally economic conditions that may exist in the spring of 2016, they need the assurance of more time to make responsible decisions. I think the Town is acutely aware of the sudden escalation of construction costs which can be attributed to a variety of issues including loss of local labor pool during the economic downturn, development pressure in the Front Range of Colorado, and increases in materials costs. These conditions may prove to be short term and therefore an extension of the vested rights would allow the new owners some relief in making hasty decisions. Having the vested rights in place for an extended period gives the owners the assurance they need to feel comfortable planning the development of this project. We hope that you agree and can grant the extension requested. Sincerely, Dominic F. Mauriello, AICP Principal Adjacent Properties within 300 ft. FOLSON, C. CRAIG 3612 MCFARLIN BLVD DALLAS, TX 75205-1832 TOWN OF AVON PO BOX 975 AVON, CO 81620-0975 VAIL CORP THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRES STE 1000 BROOMFIELD, CO 80021-8056 THE ASCENT RESIDENCES HOMEOWNERS ASSOCIATION, INC. EAST WEST RESORTS PO BOX 5480 AVON, CO 81620 POINTS OF COLORADO INC STARWOOD VACATION OWNERSHIP TAX DEPT 9002 SAN MARCO CT ORLANDO, FL 32819-8600 RIVERFRONT RESORT & SPA OWNERS' ASSOCIATION EAST WEST RESORTS PO BOX 5480, AVON, CO 81620 RIVERFRONT VILLAGE HOTEL, LLC, P.O. BOX 2770, AVON, CO 81620 25 HURD LANE LLC 8000 MARYLAND AVE STE 1120 CLAYTON, MO 63105-3919 AVON CROSSING HOMEOWNERS ASSOCIATION, INC. BOLD PROPERTY MANAGEMENT SOLUTIONS PO BOX 5800, AVON, CO 81620 CANYON RUN ASSOCIATION BILL MACFARLANE P O BOX 915, AVON, CO 81620 MPG PO BOX 4777 EAGLE, CO 81631 October 22, 2015 Brian Garner Town Planner Town of Avon One Lake Street Avon, Colorado 81620 Re: Red House - Vested Rights Extension Dear Brian: We are providing this letter to supplement our vested rights extension request submitted to the Town on October 20, 2015. Pursuant to section 7.16.140(f) of the Development Code, a landowner may seek extension of vested property rights by submitting a request for extension at least six month prior to the expiration of the existing vested rights expiration. The request was submitted on October 20, 2015, and therefore meets this requirement as the vested rights expire on July 28, 2016. Vested rights give a landowner the assurance that he or she can invest significant funds into the detailed building and construction plans required for development without the fear that the rules or the project might change and cause significant financial hardship to the owner. This owner is in the process of pursuing significant investment beyond the purchase of the property. The Town spent a significant amount of time working with the previous owner of the property to develop a plan that is consistent with the TownÈs goals and plans. By extending the vesting period the Town is helping to realize the benefits of this project which include increased vitality of the Town Core, enhanced revenues from real estate transfer tax, sales tax, and lodging tax, other public improvements detailed below which might otherwise not occur without this assurance. Since the rules have not changed since the approval and because the project has already provided benefits to the Town (stream tract parcel dedication) there is really no significant reason not to extend the vesting period and give the owner this assurance. In granting the extension, the Town Council considers the guidelines contained in 7.16.140(e)(2). Below we have provided a response to each of these guidelines in support of our request: (i)The size and phasing of the development, specifically, but not limited to, whether the development can be reasonably completed within the vested rights period; Applicant Analysis: The proposed development plan includes the construction of fifteen townhouses in three separate buildings. Permits will be pulled for one building or more at a time. The project will likely be developed completely in PO Box 4777 970.376.3318 Eagle, Colorado 81631 www.mpgvail.com one continuous development phase or may include up to three phases. The applicant believes the project can be started and completed within the extended vesting period. (ii)Economic cycles and specifically but not limited to resort community economic cycles, regional and state economic cycles and national economic cycles; Applicant Analysis: Avon and the Colorado resort market are just now exiting the impacts of the great recession. With the transfer of ownership of the property having just occurred and the new ownership is evaluating the economics of the project related to financing and construction costs. The extension of the vested rights period is necessary to ensure the owners can develop when the economics of the project align over the next year or so. (iii) Market conditions and specifically but not limited to absorption rates for leasing and sales of similar development projects; Applicant Analysis: The applicant believes that market conditions are favorable for the sale of townhouse style residential units in this location and in the next couple of years. The economic downturn has created demand due to the lack of supply for residential product just as consumers are starting to spend again. Labor supply is low and construction costs are currently high due to downsizing in the area over the last 8 years but it is anticipated that labor in the construction market will align with market. (iv)Compliance with the Avon Comprehensive Plan and other community planning documents; Applicant Analysis: This development plan was found to be in compliance with the Plan when it was originally approved and that document remains unchanged. Therefore the project continues to comply with the Plan. (v)Proposed public amenities and benefits that enhance the project and the overall attractiveness of the Avon community, including the degree to which such public amenities and benefits are defined in terms of design, timeframe and phasing with development; Applicant Analysis: Several public benefits and amenities are included with the project. Some of those benefits have already been realized including the dedication to the Town of land for recreation and stream tract enhancement. Additional benefits include pedestrian access path development to the Eagle River, crosswalk on Highway 6 benefitting the community at large, and dedication of drainage easement across the subject property. The project is also providing roadway improvements, school land dedication fees, water rights to serve the project, landscape improvements, and employee housing in-lieu fees. The project design is providing a welcoming entry to the Town of Avon with quality architecture and substantial landscaping. The project will help to improve the vitality of the core of Avon with new residents and revenues. (vi) Projected public financial benefits or costs estimated to be caused by the development project, including the timeframe for realization by the Town or other public entities and potential costs for operation and maintenance of any new public amenities or infrastructure dedicated to the Town or other public entities; Applicant Analysis: The project requires very little public participation in the operation and maintenance of the project. All of the onsite improvements, include the access driveway, will be owned and maintained by the project itself. While no official estimate of potential revenues has been made, the project will provide ongoing annual revenues related to real estate transfer tax, property tax, sales tax from those living and spending within the community, and potential for lodging tax from those short term leasing their units. (vii) The breadth and scope of the requested vested property right, including but not limited to the extent to which such vested property right restricts the Town's ability to apply future legislatively adopted fees and regulations for the purpose of providing public infrastructure, public services and public facilities and for the purpose of meeting evolving community needs; Applicant Analysis: The annexation and development agreement does not preclude the Town from applying legislatively adopted fees and regulations which are general in nature, uniform in character and applicable to all property or class of properties similarly situated to the project pursuant to sections 2.4 and 2.5 of the agreement. (viii) The terms of any existing site specific development plans with development agreements for the applicant's property that specify the duration of vested property rights; Applicant Analysis: An annexation and development agreement was adopted for the Red House PUD. The agreement specifies the term of the vesting period which is requested to be extended and which will be done by amendment to this agreement pursuant to section 9.8 of the agreement. (ix) Any proposed modifications to previously approved vested property rights to address changed conditions within the Avon community, compliance with the Comprehensive Plan and other community planning documents or performance of previously approved site specific development plans; and Applicant Analysis: Modification of the period of vested rights is being requested due to the recent change in ownership of the property and the short period of time left in the vesting period. This is due to the lingering effects of the great recession as discussed herein. The extension will not affect the projectÈs continued compliance with the Avon Comprehensive Plan or any other planning documents of the Town. This extension will allow the owners to perform on the previously approved site specific development plan. (x) Any other factors deemed relevant by the Council when determining to grant a vested property right for a period greater than three (3) years. Applicant Analysis: No analysis required. We look forward to working with you on this great project. Sincerely, Dominic F. Mauriello, AICP Principal M HL EMORANDUM P EIL AW LANNING & ,LLC TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 15-14 Qualifications of Council member and Planning and Zoning Commission members DATE: Nov. 12, 2015 Summary: Ordinance No. 15-14 is presented to Council to enact qualifications for Council members and Planning and Zoning Commission members to not permit employment relationships. This ordinance is a follow-up and supplement to Ordinance No. 15-05 which amended the Town Code of Ethics this summer. Council previously provided direction tohave an ordinance prepared which would prohibit Council members and Planning and Zoning Commission members from serving on Council and the Planning and Zoning Commission when an employment relationship exists. The ordinance would enact a new Chapter 2.34 in the Avon Municipal Code. The authority, reasoning and definition of disqualification for employment relationships are set forth in the ordinance and are not repeated in this memorandum. Employment relationship is defined as the traditional employer and employee relationship as well as direct supervisor and subordinate.This would not include Officials who are employees in the same organization but do not have a direct supervisor and subordinate relationship. I have also included language to address agents, consultants and contractors who are not ÅemployeesÆ as defined for federal tax purposes but do have an economic relationship where one person compensates and directs another person. I am suggesting a 10% total compensation formula so as not to include non-substantive business relationships. For example, one member of Council hires another Council member who is a painting contractor for a painting job à this should not result in both Council members to be disqualified. However, if one Council member owns a painting company and hires another Council member as an Åindependent contractorÆ for significant work (defined as exceeding 10% gross revenues) and to avoid the ÅemployeeÆ status, then such relationship would meet the employment relationship test. I have found no examples in Colorado or nationally of qualifications that prohibit employment relationships, so I am not able to offer additional information on how such qualifications have worked in other communities. Proposed Motion: ÅI move to approve Ordinance No. 15-14 An Ordinance Enacting Chapter 2.34 Qualifications of Council Members and Planning and Zoning Commission Members of the Avon Municipal Code on first reading and setting a public hearing on December 8, 2015 for second reading.Æ Thank you, Eric ATTACHMENT: Ordinance No. 15-14 Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com TOWN OF AVON, COLORADO ORDINANCE NO. 15-14 SERIES OF 2015 AN ORDINANCE ENACTING CHAPTER 2.34 QUALIFICATIONS OF COUNCIL MEMBERS AND PLANNING AND ZONING COMMISSION MEMBERS OF THE AVON MUNICIPAL CODE pursuant to C.R.S. ¤31-15-103 and ¤31-15-104, and pursuant to the home rule WHEREAS, powers of the Town of Avon (ÅTownÆ), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; Section 4.6(c) states that, ÅCouncil shall be the judge of . . . qualifications of its WHEREAS, own membersÆ; the Avon Town Council established a Planning and Zoning Commission and set WHEREAS, forth the qualification of Planning and Zoning Commission members in Section 7.12.040 of the Avon Development Code and has the authority to amend and supplement the qualifications of Planning and Zoning Commission members; and, the Avon Town Council finds that the disqualification of Council members and WHEREAS, Planning and Zoning Commission members with certain employment relationships will avoid the appearance of conflicts of interest, avoid the potential for any inappropriate influence in the performance of official duties and actions, and will promote the public confidence in the integrity of Avon Town Council and Avon Planning and Zoning Commission; approval of this Ordinance on First Reading is intended only to confirm that the WHEREAS, Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN the following: OF AVON, COLORADO . The above and foregoing recitals are incorporated herein Section 1.Recitals Incorporated by reference and adopted as findings and determinations of the Town Council. . Chapter 3.08 Sales Tax of the Avon Municipal Code is hereby Section 2.Section Enacted amended by enacting a new to read as follows: Section 3.08.037 Temporary tax credit CHAPTER 2.34 à Qualifications of Council members and Planning Commission members. Å Ord 15-14 Qualification of Council and PZC FIRST READING - Nov 17, 2015 Page 1 of 3 (a)Disqualification for Employment Relationship. For the purpose of avoidance of any appearance of a conflict of interest and for the avoidance of any potential for inappropriate influence of elected or appointed officials arising from employment relationships, the following additional qualifications shall apply to Council members and Planning Commission members: (1)Definition. For the purposes of this Section (a) only, the following definitions shall apply: Employment relationship means the following relationships between two or more persons: employer and employee; direct supervisor and subordinate; and, owner and agent, consultant or contractor where such relationship results in more than 10% of the gross annual revenues of such agent, consultant or contractor. Official means a Town Council members or a Planning and Zoning Commission member. (2) Disqualification of Officials. In addition to other qualifications established by the home rule charter, this municipal code and applicable statutes, an Official shall be disqualified to hold a position on Council or the Planning and Zoning Commission if such Official has an employment relationship with another Official on the same governing body or commission. If such employment relationship exists at the time of election or appointment, such Official shall not be qualified to be sworn in or commence serving the position. If such relationship arises after such Official is elected or appointed, then such employment relationship shall be disclosed at the next meeting of such governing body or commission and such Officials shall not be permitted to vote on any matters. If such disclosed employment relationship continues until the next meeting of the governing body or commission then both (or more) such Officials shall be deemed disqualified and removed from the governing body or commission by motion of the remaining members. Any member of the Council or Planning and Zoning Commission may raise the question as to whether an employment relationship exists. The unaffected members of the Council and Planning and Zoning Commission shall determine whether an employment relationship exists as applied to specific facts and circumstances.Æ . The codifier of the TownÈs Municipal Code, Section 3.Codification Amendments 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. . If any provision of this Ordinance, or the application of such Section 4.Non-severability provision to any person or circumstance, is for any reason held to be invalid or enforceable, such invalidity or effect shall render the entire ordinance void and not effective, it being the intention of the Council that is this all provisions of this Ordinance are not severable and that Council would not have adopted this Ordinance if any provision of this Ordinance is invalid or not effective. As used in this Section, the term ÅprovisionÆ means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term ÅapplicationÆ means and Ord 15-14 Qualification of Council and PZC FIRST READING - Nov 17, 2015 Page 2 of 3 includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. . This Ordinance shall take effect thirty (30) days after public Section 5.Effective Date notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. . The Town Council hereby finds, determines and declares that this Section 6.Safety Clause 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. . The Town Clerk is ordered to publish this Ordinance in accordance Section 7.Publication with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC on November 17, 2015 and setting such public hearing for December 8, 2015 at the HEARING Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk on December 8, 2015. ADOPTED ON SECOND AND FINAL READING BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord 15-14 Qualification of Council and PZC FIRST READING - Nov 17, 2015 Page 3 of 3 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: November 17, 2015 Topic: First Reading of Ordinance No. 15-13, An Ordinance Amending Section 8.25.030 of the Avon Municipal Code, also known as the Avon Smoke Free Air Ordinance SUMMARY: At Town Council’s June 9, 2015 meeting, Ordinance No. 15-07 was passed on second reading, which added a limitation to the Municipal Code in Section 9.40.050 (20) to read that: Smoking is not permitted in the West Avon Preserve. Following the approval of Ordinance No. 15-07, Council directed Town staff to conduct further research on what other municipalities have enacted in terms of smoking prohibitions. In particular, Council directed staff to concentrate on identifying smoking bans in areas such as municipal parks, open spaces, sidewalks and municipal-owned parking lots. Applicable restrictions were found in the municipal codes of the Town of Breckenridge and the City of Ketchum, Idaho, and were presented to Council at the July 28, 2015 Town Council meeting. An overview of these restrictions is provided below: Breckenridge, Colorado In 2015, the Town of Breckenridge expanded its smoking ban to include more outdoor spaces. The ordinance reads: “5-9-3: GENERAL SMOKING RESTRICTIONS: ... B. In order to reduce the levels of exposure to environmental tobacco and marijuana smoke, smoking shall not be permitted and no person shall smoke in any of the following outdoor areas: 1.The entryways of all buildings and facilities listed in subsection A of this section; 2.Town-owned parks and open space areas; 3.Town-owned outdoor sporting and athletic fields and facilities; 4.The Town of Breckenridge public golf course grounds and buildings, excluding the course of play; 5.The paved recreational pathway running generally northerly and southerly within the town commonly known as the “bike path”; and 6.Within a ten foot (10’) radius of a public transit facility waiting area. (Ord. 4, Series 2015)” Ketchum, Idaho In 2013, the Town of Ketchum, Idaho passed a comprehensive local smoke-free ordinance. Known as the Ketchum Smoke Free Air Ordinance, the ordinance defines public property as: “Any and all lands owned by the city of Ketchum including all city parks and open spaces but not including city rights of way.” The ordinance goes on to state: PAGE 1 OF 3 “8.10.080: PROHIBITION OF SMOKING IN OUTDOOR AREAS: Smoking shall be prohibited in the following outdoor public places: A.On any “public property” as defined herein. B.Within twenty feet (20’) of all designated bus stops. C.On all school property, including public and private elementary, secondary, vocational, and trade schools or colleges. D.Within any designated “special event zone,” unless the “special event zone” has a designated and delineated smoking area identified in an approved Ketchum special event permit application. (Ord. 1105, 2013)” Subsequently, Town Council expressed interest in considering additional smoking prohibitions and directed staff to prepare an ordinance with two (2) options for consideration. These options are addressed in this memorandum. Additionally, staff was asked to research bans or restrictions related to electronic cigarettes (e-cigarettes) and that information is also provided in this memorandum. OPTIONS: The two options for consideration are described below: Option 1: Outdoor smoking is not permitted in any Town park as defined in Section 9.40.010 or on the Main Street Mall except in a designated outdoor smoking area that is approved by the Town as part of a special event permit or private event permit. Option 2: Outdoor smoking is not permitted on any and all lands owned by the Town of Avon including all Town parks and open spaces but not including Town rights of way. Under Option 1, an individual would still be allowed to smoke in the parking lots of the Avon Regional Transit Facility, Town Hall, Recreation Center and Lot 5 outside of the twenty-five (25) foot smoke-free perimeter, but not be allowed to smoke in any Town park. Section 9.40.010 defines park as “any Town- owned property that is included in the Park zone district, Open Space, Landscaping and Drainage zone district, or Planned Unit Development district with a designated park or open space use, and Town- owned property that is otherwise designated by Council as park or open space.” Additionally, smoking within the perimeter of the Main Street Mall would also be prohibited. Option 2 would prohibit smoking on any land owned by the Town except town rights of way. Therefore, smoking on sidewalks would still be permitted, while smoking in the parking lots of Town Hall, the Recreation Center, Avon Regional Transit Facility and Lot 5 would not be permitted. ADDITIONAL RESEARCH: As previously mentioned, Council directed staff to conduct research on what other entities have enacted in terms of e-cigarette prohibitions. In recent months, several municipalities have banned e- cigarette use in some capacity. For example, the City of Costa Mesa, California, banned e-cigarette use in its public parks, and the City of Janesville, Wisconsin, banned e-cigarette use on all city property, including parks and trails. In September 2015, the National Park Service followed suit by announcing that the use of e-cigarettes is banned anywhere smoking is prohibited on its landholdings. PAGE 2 OF 3 IMPACT: The biggest issue in considering an ordinance of this nature is enforcement. Chief Ticer will be at the meeting to discuss the ability of his Department to enforce an ordinance of this nature. PROPOSED MOTION: I move to adopt Ordinance No. 15-13, An Ordinance Amending Section 8.25.030 of the Avon Municipal Code, also known as the Avon Smoke Free Air Ordinance on First Reading with \[OPTION 1 LANGUAGE or OPTION 2 LANGUAGE\]. ATTACHMENT: Ordinance No. 15-13, An Ordinance Amending Section 8.25.030 of the Avon Municipal Code, also known as the Avon Smoke Free Air Ordinance PAGE 3 OF 3 TOWN OF AVON, COLORADO ORDINANCE NO. 15-13 SERIES OF 2015 AN ORDINANCE AMENDINGSECTION8.25.030OF THE AVON MUNCIPAL CODE,ALSO KNOWN AS THE AVON SMOKE FREE AIR ORDINANCE WHEREAS, the Avon Town Council believes that amendments to Section8.25.030 of the Avon Municipal Code will protect the public health and the rights of nonsmokers to breathe clean air by prohibiting smoking in parks and the Main Street Mall or on all Town lands including all Town parks and open spaces but not including Town rights of way; and, WHEREAS, the Avon Town Council finds that amendments to Section 8.25.030 of the Avon Municipal Codewill enact appropriate restrictions on smoking in Town parks and open space and on the Main Street Mall;and, WHEREAS, the Town Council findsthat amendment to Section 8.25.030of the Avon Municipal Code to prohibit outdoor smoking inparks and the Main Street Mall or on all town landsincluding all town parks and open spaces but not including town rights of waywill promote the health, safety and welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1.Recitals Incorporated . The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2.Amendment to Section 8.25.030–Application of Chapter to Town-owned facililies. Avon Municipal Code Section 8.25.030 is hereby amended by adopting language depicted by underline as depicted belowand made part of this Ordinance: 8.25.030-Application of Chapter to Town-owned facilities and lands. (a)All facilities, including buildings and vehicles owned by the Town, shall be subject to the provisions of this Chapter. No person shall smoke in any motor vehicle owned or operated by the Town; in any public meeting room or during any public meeting held in any building owned or operated by the Town; or in any entranceway, steps, porticos or other area adjacent to, but which is on the exterior of, a building owned or Ord 15-13Prohibiting Outdoor Smoking on Town Property November 17, 2015 –FIRST READING Page 1of 3 operated by the Town except as set forth herein or as otherwise designated as an allowed outside smoking area by the Town Manager. OPTION 1 LANGUAGE: (b)Outdoor smoking is not permitted in any Town park as defined in Section 9.40.010 or on the Main Street Mallexcept in a designated outdoor smoking area that is approved by the Town as part of a special event permit or private event permit. OPTION 2 LANGUAGE: (c)Outdoor smoking is not permitted on any and all lands owned by the Town of Avon including all Town parks andopen spaces but not including Town rights of way. 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. 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 effectthirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6.Safety Clause . The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7.No Existing Violation Affected . Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any Ord 15-13Prohibiting Outdoor Smoking on Town Property November 17, 2015 –FIRST READING Page 2of 3 such ordinance or provision thereof so amended, repealed, or superseded bythis 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 ADOPTEDON FIRST READING AND REFERRED TO PUBLIC HEARING onNovember 17, 2015 and setting such public hearing for December8, 2015at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY:ATTEST: ________________________________________________________ Jennie Fancher, MayorDebbie Hoppe, Town Clerk ADOPTEDON SECOND AND FINAL READING onDecember8, 2015. BY:ATTEST: ________________________________________________________ Jennie Fancher, MayorDebbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord 15-13Prohibiting Outdoor Smoking on Town Property November 17, 2015 –FIRST READING Page 3of 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancherandthe Avon Town Council From: Jane Burden, Transit Superintendent Date: November 10, 2015 Agenda Topic: Colorado Mountain Purchasing Consortium Procurement Agreement ____________________________________________________________________________ INTRODUCTION: The Transit Department would like to enter into a large vehicle purchase agreement with the Colorado Mountain Purchasing Consortium, “CMPC”for a five year period (2015-2020). BACKGROUND: The Townof Avon Transit Department has worked for the past year with eleven (11) other transit agencies to form a vehicle purchasing consortium made up of rural transit agencies like ourselves. This consortium will allow vehicle purchasing at “bulk rates”, with a set yearly price adjustment, and a competitive vendor bidding process. The “CMPC” has been approved by the Federal Transit Administration (FTA) and the Colorado Department of Transit (CDOT). Eagle County will be the Program Administrator for the consortium with administrative costs of six hundred dollars ($600.00) per vehicle procurement. The Town of Avon will secure rights to purchase up to five (5) vehicles between 2015 and 2020 should Federal/State vehicle grant proceeds be available based on the current Town of Avon Vehicle Replacement Schedule. The Agreementdoes not obligate the Town to purchase a bus, but is necessary to place Avon in the queue for bus replacements. STAFF RECOMMENDATION: Staffrecommends approval of thepurchasing agreement betweenthe Town of Avon and Eagle County Government under the Colorado Mountain Purchasing Consortium.If Council agrees, the action is: I move to approve the Agreement between Eagle County Government and the Town of Avon Concerning the Purchase of Large Transit Buses under the Colorado Mountain Purchasing Consortium Procurement AGREEMENT BetweenEagle County Governmentand the Town of Avon Concerning the Purchase of Large Transit Busesunder the Colorado Mountain Purchasing Consortium Procurement This Agreement is between Eagle County Government(“County”) and the Town of Avon (“Agency”) (referred to together as the “Parties”) regarding their respective roles and responsibilities and any assumptions tied to the Colorado Mountain Purchasing Agreement between Consortium (“CMPC”) procurement and vehicle purchase from the Eagle County, Colorado and GILLIG, LLC, awarded under CMPC-15-LTB-RFP, as Contract #:CO-34-0001.AVON. The partiesagreeto and understand the following: A.The Procurement. County, Agency and other transit partners are working together to bring improved transportation purchasing coordination for large transit busesover a period of five years (2015-2020). Eagle County led a procurement, in conjunction with partnering agencies and through the CMPC, to provide 29 to 40 foot vehicle sizes, alternative fuel type options (CNG), and options including low floor design, trolley façade design, varied other cardinal changes, as well as training, warranty, and service (the “Procurement”). The Procurement complied with federal and state requirements to allow the purchase of said vehicles using federal and state grant dollars. GILLIG, LLC(“Vendor”)was the successful respondent and is authorized to sell to the CMPC agenciesthe quantitiesof vehicles during the fiscal years as set forth below. B.Agency Procurement Rights.Subjectto individual agency budgeting and appropriation requirements, Agency is authorized under the Procurement and has committed to purchase the quantity of Transit Busesas follows: Purchasing Fuel Vehicle June CYCYCYCYJan. -Total AgencyTypeSize–Dec. 2016201720182019June By 20152020Agency City of AspenDiesel35’-40’0300137 City of GreeleyCNG35’-40’42425017 Eagle CountyDiesel40’21174015 Mesa CountyCNG30’-35’0101114 Town of AvonDiesel35’0200215 Town of Diesel29’2000002 Breckenridge Page 1 of 4 Town of Diesel32’0320005 Breckenridge RFTADiesel35’-40’0617720252 Summit CountyDiesel40’00518317 Town of Snowmass Diesel29’0210216 Village University of Diesel35’2020015 Wyoming Total102032184312135 C.Purchase Agreements: In order to purchase any vehicle through the CMPC, Agency will execute the PurchaseAgreement in the form shown in Exhibit A, contracting directly with Vendor in accordance with approved grant timelines. Eagle County will assume no risk, have no liabilities or other responsibilities associated with the purchase of any vehicle. Agency will not make any Cardinal Changes in a Purchase Agreement with Vendor. Agency recognizes that Cardinal Changes will result in a violation of FTA procurement regulations and will not be available for purchase under the Procurement. D.Other Agency Responsibilities: 1.Agency will be solely responsible for all vehicle inspections, maintenance, and operations for vehicles it purchases under the Procurement. Eagle County and the CMPC willassume no risk or liability with respect to vehicle purchases made by Agency. 2.Agency will take delivery of vehicle at their individual agency location. 3.No later than December 31, of each year, Agency will send written notice to the County and the CMPC Program Administrator regarding Agency’s intent to purchase the quantity of vehicles herein listed for Agency for the succeeding year. If Agency does not intend to purchase the quantity(ies) set forth for the succeeding year, or fails to make such purchase during said fiscal year, Agency has the option to either roll the quantity forward to the following year or relinquish the right to purchase that quantity for use by another consortium memberor agency outside the consortium through the assignability clause. Agency is not financially responsible for any quantity(ies) relinquished.In its sole discretion as lead agency in the CMPC Procurement, Eagle County has the right to assign relinquished vehicle quantities to other consortium members on an annual basis or other transit agencies as deemed appropriate. Beginning on Page 2 of 4 January 1, 2020, in its sole discretion, Eagle County has the authority to assign unused quantities as deemed appropriate whether such quantities have been relinquished or not. F.CMPC Program Administrator: 1.County maintains a contract directly with the CMPC Program Administrator. The CMPC Program Administrator will work with Vendor and Agency to complete contract administrative activities to include working with Vendor on paperwork requirements, tracking orders through delivery, follow up to make sure all reimbursement paperwork is correct for CDOTand/or FTA, annual contract negotiationand meeting with Vendor to discuss price increases and performance issues, and completing an annual independent cost estimate to substantiate price increases . Agencyagrees to share the program administrative costs by paying 2. County six hundred dollars ($600.00)per vehicle actually orderedfrom Vendor under the Procurement. This payment will help to defray a portion of the upfront and on-going CMPC administrative costs that County has and will incur as lead agency for the CMPC. Agency agrees to pay its full share of the administrative costs, directly to County,no later thanthe time of vehicle delivery. Agency has the option to be billed for and pay multiple administration fees either at the time, or in advance, of delivery of buses ordered for a given year. 3.If Agency wishes to engage the CMPC Program Administrator for any additional services outside the scope of Paragraph F(1) of this Agreement, Agency agrees to contract directly with the CMPC Program Administrator. th This Agreementis dated 15day of October, 2015by and between: Agency Name: Town of Avon ______________________________ Agency representative Page 3 of 4 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By:______________________________ NAME, Chairman Attest: By: _________________________________ NAME, Clerk to the Board Page 4 of 4 TA,C OWN OF VON OLORADO AMMT,N10,2015 VON EETING INUTES FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET 1.CO&RC ALL TO RDER OLL ALL Mayor Fancher called the meeting to order at 5:03 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Megan Burch, Matt Gennett and Jake Wolf. Buz Reynolds arrived at 5:10 p.m. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Town Engineer Justin Hildreth, Police Chief Bob Ticer, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2.AA PPROVAL OF GENDA There were no changes to the agenda. 3.PC UBLIC OMMENT Peter Buckley and Angelo Loria commented. 4.P–ECGD(MM) ROCLAMATION AGLE OUNTY IVES AY ICHELLE ALONEY I 5. A CTION TEMS 5.1.PSD,PPLL1BBCS RESENTATION OF CHEMATIC ESIGN URCHASE RICE FOR AND AT OT UCK REEK UBDIVISION AND CP,FO2016CSD THE ONVEYANCE ARCEL INANCING PTIONS AND A ONSTRUCTION TART ATE (TMVE) OWN ANAGER IRGINIA GGER Peter Buckley, David Standjord, Tab Bonidy and Angelo Loria commented. 5.2.FRON.15-10,OAC3.08A IRST EADING OF RDINANCE O AN RDINANCE MENDING HAPTER OF THE VON MCS3.08.037TSTC UNICIPAL ODE TO ENACT ECTION TO PROVIDE A EMPORARY ALES AX REDIT FOR THE ISP(TAEH) NSTALLATION OF OLAR ANELS OWN TTORNEY RIC EIL Jason Weingast commented. Councilor Gennett moved to continue First reading of Ordinance No. 15-10, an Ordinance Amending Chapter 3.08 of the Avon Municipal Code to enact Section 3.08.037 to provide a Temporary Sales Tax Credit for the Installation of Solar Panels; Councilor Reynolds seconded the motion and it passed unanimously by those present. 5.3.AATMPSA CTION TO UTHORIZE THE OWN ANAGER TO EXECUTE A ROFESSIONAL ERVICES GREEMENT FOR THE DMWWEBCB ESIGN OF IKAELA AY AND THE EST AND AST EAVER REEK OULEVARDS FOR IMPROVED W,BR,O-P,TVTL ALKABILITY ICYCLE IDERSHIP NSTREET ARKING RANSIT AND EHICULAR RAVEL ANES (TEJH) OWN NGINEER USTIN ILDRETH Peter Buckley commented. Councilor Burch moved to authorize the Town Manager to execute a Professional Service Agreement for the design of Mikaela Way and the West and East Beaver Creek Boulevard for improved Walkability, Bicycle Ridership, On-street Parking, Transit and Vehicular Travel Lanes; Councilor Smith Hymes seconded the motion. The motion did not pass with a vote of 3 to 4 against authorizing the Town Manager to execute the Professional Service Agreement. Mayor Pro Tem Wolf, Councilor Prince, Councilor Gennett and Councilor Reynolds voted no. Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 1 TA,C OWN OF VON OLORADO AMMT,N10,2015 VON EETING INUTES FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET 6.CA ONSENT GENDA 6.1.1.A2015AEL(ATMSW) PPROVAL OF UDIT NGAGEMENT ETTER SSISTANT OWN ANAGER COTT RIGHT 6.1.2.AO27,2015RMM(TCDH) PPROVAL OF CTOBER EGULAREETING INUTES OWN LERK EBBIE OPPE 6.1.3.ALAEVLDCM PPROVAL OF ICENSE GREEMENT FOR AGLE ALLEY IBRARY ISTRICT TO ONSTRUCT A ONUMENT STG(TPBG) IGN ON RACT OWN LANNER RIAN ARNER Councilor Reynolds moved to approve the consent agenda; Councilor Gennett seconded the motion and it passed unanimously by those present. 7.MRRMAURAM–SA OTION FOR ECESS OF EGULAR EETING FOR VON RBAN ENEWAL UTHORITY EETING EE TTACHED A GENDA Mayor Fancher moved to recess the Regular Meeting and enter into the Avon Urban Renewal Authority Meeting; Councilor Reynolds seconded the motion and passed unanimously by those present. The time was 7:03 p.m. 8.MRRM OTION TO ESUME THE EGULAR EETING Mayor Fancher moved to resume the Regular Meeting, Councilor Gennett seconded the motion and it passed unanimously by those present. The time was 7:20 I 9.A CTION TEMS 9.1.RN.15-21,AUATCWURP ESOLUTION O MENDING THE SES IN THE VON OWN ENTER EST RBAN ENEWAL LAN A(TAEH) REA OWN TTORNEY RIC EIL Councilor Burch moved to approve Resolution No. 15-21, A Resolution Adopting Minor Modifications to the Avon Town Center West Urban Renewal Plan; Councilor Gennett seconded the motion and it passes unanimously by those present. 10.CMU:CM OMMITTEE EETING PDATES OUNCILORS AND AYOR 11.M&CC AYOR OUNCIL OMMENTS 12.WR RITTEN EPORTS 13.ES(T)DPA XECUTIVE ESSIONHIS SESSIONIS NOT OPEN TO THE PUBLIC ISCUSSION OF THE URCHASE AND CQUISITION RPIC.R.S.§24-6-402(2)(A)CTA OF A EAL ROPERTY NTEREST UNDER AND A ONFERENCE WITH THE OWN TTORNEY PORLA C.R.S.§24-6-402(2)(B)R FOR THE URPOSE F ECEIVING EGAL DVICEUNDER RELATED TO SUCH EAL PDPDPRM ROPERTY ISCUSSION AND FOR THE URPOSE OF ETERMINING OSITIONS ELATIVE TO ATTERS THAT MAY BE N,DSFN,/IN, SUBJECT TO EGOTIATIONS EVELOPING TRATEGY OR EGOTIATIONS ANDOR NSTRUCTING EGOTIATORS C.R.S.§24-6-402(2)(E)RPD UNDER RELATED TO SUCH EAL ROPERTY ISCUSSION Mayor Fancher moved to meet in Executive Session for the purpose of a Discussion of the Purchase and Acquisition of a Real Property Interest under C.R.S. §24-6-402(2)(A) and a Conference with the Town Attorney for the Purpose Of Receiving Legal Advice under C.R.S. §24-6-402(2)(B) related to such Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 2 TA,C OWN OF VON OLORADO AMMT,N10,2015 VON EETING INUTES FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET Real Property Discussion and for the Purpose of Determining Positions Relative to Matters that may be subject to Negotiations, Developing Strategy For Negotiations, and/or Instructing Negotiators, under C.R.S. §24-6-402(2)(E) related to such Real Property Discussion; Councilor Reynolds seconded the motion and it passed unanimously by those present. The time was 7:24 p.m. Executive session ended at 7:46 p.m. Council reconvened into regular session. Council reconvened into regular session at 7:55 p.m. Council went into Executive Session again at 8:50 p.m. Mayor Fancher moved to meet in Executive Session as stated on the Agenda. Councilor Gennett moved to go back into Executive Session; Councilor Prince seconded the motion and it passed unanimously by those present. Council reconvened into regular session at 9:41 p.m. 14.AI CTION TEMS 14.1.RASAIAJ EVIEW AND CTION ON THE ECOND MENDMENT TO THE NTERGOVERNMENTAL GREEMENT FOR A OINT F-PSFSD,PPL IREOLICE TATION ACILITY TO ACCEPT THE CHEMATIC ESIGN TO SET THE URCHASE RICE FOR AND L1BBCSCP,2016 AT OT UCK REEK UBDIVISION AND THE ONVEYANCE ARCEL AND TO ALLOW FOR A CSD(TAEH) ONSTRUCTION TART ATE OWN TTORNEY RIC EIL 14.2.RRASMBPD’ EVIEW AND ECOMMENDED CTION TO ET A AXIMUM UDGET FOR THE OLICE EPARTMENTS PSF,OF RELOCATION TO THE UBLIC AFETY ACILITY INCLUDING PTIONS FOR UNDING (TMVE&SW,ATM) OWN ANAGER IRGINIA GGER COTT RIGHT SSISTANT OWN ANAGER Councilor Gennett moved to table the remaining items 14.1 and 14.2; Councilor Reynolds seconded the motion and it passed unanimously by those present. Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 3 TA,C OWN OF VON OLORADO AMMT,N10,2015 VON EETING INUTES FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET 15.A DJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:43 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Final - Avon Council Meeting 11-10-2015 Minutes.doc Page 4 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: John Curutchet, Director of Recreation Date: November 5, 2015 Re: Recreation Department update on Nottingham Park playground, Dog Park, joint use recreation th pass, program highlights and the 20anniversary of the Avon Recreation Center BACKGROUND In June 2015, the Town of Avon released a Request for Proposals for the design and construction of a new signature playground, Destination Jump, Splash, Learn in Nottingham Park. The summer season also introduced a trial effort of an off-leash dog activity area on the north side of the park. Also new for summer 2015 was a collaborative effort with Eagle-Vail to introduce a joint use recreation pass for activities offered by Eagle-Vail Metro Rec District and the Town of Avon Recreation Department. The Recreation Department continues its ongoing effort with recreation program development and new offerings. th anniversary of the opening of the Avon Recreation Center. This fall also marks the 20 SUMMARY The Town of Avon released a Request for Proposals on June 23, 2015 for the design and construction of Destination Jump, Splash, Learn, a signature playground. Also included in the request was the desire to work with Avon Elementary School to rebuild their playground with the goal of creating synergy between the school site and Jump, Splash, Learn in Nottingham Park. Four firms responded with proposals and three were selected for interviews. The five member playground selection committee selected Churchich Recreation from Niwot Colorado. The Churchich Recreation, LLC team includes: Norris Design Landscape Architecture, Evans Chaffee Construction and FPM Grants- Project Management and Consulting Services. A “kickoff” meeting between the Churchich group the Town of Avon playground committee was held November 9, 2015. Meetings with Avon Elementary School staff, parents and student body will follow to begin the public input process. Spring 2016 will extend meetings and charrette exercises to the Avon community with the goal of final design and review being complete by July 2016. The extensive, Great Outdoors Colorado grant will be submitted with confidence in November 2016 with the goal of breaking ground in the spring of 2017. The scope of work will include the demolition and removal of all equipment from the current playground site in Nottingham Park and the Avon Elementary School Site. Site work will be done with relative ease on the school site leading to the new features and fall zone material being installed. Destination Jump, Splash, Learn playground at Nottingham Park includes relocation to the area where the picnic shelter currently exists, so the site work effort may be more extensive. Once site work is completed the new play systems and interactive stream and water features will be constructed. Use of Nottingham Park from dog owners was in high demand this summer. Several dog owners expressed a desire to have off-leash opportunities for their pets. An area on the north side between the sediment pond and fishing pier was created and signed temporarily for dog owners to enjoy as an off-leash area daily from 6:00 a.m. to 9:00 a.m. Feedback from the community has been positive so the decision has moved forward to create permanent signage that will designate that area for off leash dog activity seven days per week from 6:00 a.m. to 9:00 a.m. After 9:00 a.m., town leash laws will go back into effect. June 2015 introduced the “Summer Activity Passport.” The $95.00, 1o punch card could be used for admission to the Avon Recreation Center, admission to the Eagle-vail Swimming Pool, one round of golf at the Eagle-Vail par three golf course or a paddleboat rental on Nottingham Lake. Punch card sales were low this summer, but staff believes the idea and product is worthy of another attempt for 2016. We will plan to have the punch card ready well before summer and ensure a more aggressive marketing campaign supports the sales effort. Matt Koch, a new full time Youth and Adult Program Coordinator joined the Recreation Department in July 2015. Matt’s experience, energy and excitement for program development have delivered many positive changes in the programs division. Matt worked with both Avon Elementary School and Homestake Peak School to develop an afterschool program that is more desirable and beneficial to parents and students. The participation in our after school program has more than doubled from what we experienced last year. The positive experience in our after school program that the students and parents receive has also reflected well on our school’s out camps, which have filled to capacity this fall. Adult programs begin each fall with our drop in sports series. We work with Avon Elementary School to offer indoor pickleball, volleyball, spikeball and basketball. Numbers in basketball and volleyball programs are very solid, but pickleball has really taken off. We are experiencing 30+participants in our Monday night drop in pickleball program. The wide range of ages all playing together and enjoying the activity is encouraging to see. The popularity and excitement surrounding pickleball is so high that we are working with the players to find another day and time to expand playing opportunities. The group fitness and wellness schedule has been completely revamped. Several new Yoga classes have been added as well the addition of nine new fitness classes that include: Tabata, HIIT, (high intensity interval training), Tai Chi and “boot camp” style classes. Response to the updated schedule has been very positive. Participation numbers across the spectrum of classes have increased significantly. th November 11, 2015 marks the 20anniversary of the opening of the Avon Recreation Center. Staff is planning a free day event on December 3, 2015 to commemorate our anniversary. We are excited to showcase the many upgrades, increased amenities and improvements we have made. Eldorado Climbing Walls Company plans to attend and will offer climbing demonstrations and giveaways. The Recreation Department will present “retro” prices from 20 years ago on all passes and punch cards sold that day. Page 2