Loading...
TC Packet 04-12-2016 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 12, 2016 REGULAR MEETING BEGINS AT 3:05 PM AVON LIQUOR AUTHORITY MEETING BEGINS AT 3:00 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 1 AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 3:00 PM (SEE SEPARATE AGENDA PAGE 3) REGULAR MEETING BEGINS AT 3:05 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. ACTION ITEMS 4.1. MOUNTAIN STAR WATER TANK 4.1.1. PUBLIC HEARING SECOND READING OF ORDINANCE 16-04, AN ORDINANCE APPROVING THE ANNEXATION OF THE MOUNTAIN STAR TANK PROPERTY (TOWN ATTORNEY ERIC HEIL) 4.1.2. PUBLIC HEARING SECOND READING OF ORDINANCE 16-05, AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND THE ZONING OF THE MOUNTAIN STAR TANK PROPERTY IN THE PUBLIC FACILITIES ZONE DISTRICT (TOWN ATTORNEY ERIC HEIL) 4.1.3. PUBLIC HEARING ON A 1041 PERMIT FOR THE CONSTRUCTION OF THE MOUNTAIN STAR WATER STORAGE TANK (PLANNING DIRECTOR MATT PIELSTICKER) 4.2. RESOLUTION 16-08 TO SET NUMBER AND LOCATIONS FOR MOBILE VENDOR CARTS IN NOTTINGHAM PARK (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 4.3. FIRST READING OF ORDINANCE 16-07, AN ORDINANCE ALLOWING FOOD TRUCKS TO OPERATE ON TOWN RIGHT-OF-WAYS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 4.4. FIRST READING OF ORDINANCE 16-08 AMENDING SECTION 3.98.050(3) OF THE AVON MUNICIPAL CODE TO EXEMPT GOVERNMENTAL INSTITUTIONS FROM SALES TAX ON CONSTRUCTION MATERIALS (TOWN ATTORNEY ERIC HEIL) 4.5. PUBLIC HEARING ON RESOLUTION 16-12 APPROVING A MINOR PUD AMENDMENT TO THE MINERVINI PUD (PLANNING DIRECTOR MATT PIELSTICKER) 4.6. PUBLIC HEARINGS – REVIEW AND ACTION ON RECOMMENDED 2016 AMENDED BUDGETS 4.6.1. RESOLUTION 16-10 TO AMEND THE 2016 TOWN OF AVON GENERAL, EQUIPMENT REPLACEMENT AND WATER FUNDS BUDGETS (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.6.2. PRESENTATION OF TOWN OF AVON 2016 CAPITAL PROJECTS UPDATE (TOWN ENGINEER JUSTIN HILDRETH) 4.6.3. RESOLUTION 16-11, TO AMEND THE 2016 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.7. REVIEW AND ACTION ON A CONSTRUCTION CONTRACT FOR THE REGIONAL TRAIL COMPLETION (TOWN ENGINEER JUSTIN HILDRETH) 4.8. REVIEW AND ACTION FOR A PRE-APPROVAL OF THE METCALF ROAD BIKE CLIMBING LANE (TOWN ENGINEER JUSTIN HILDRETH) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 12, 2016 REGULAR MEETING BEGINS AT 3:05 PM AVON LIQUOR AUTHORITY MEETING BEGINS AT 3:00 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 4.9. UPDATE ON VAIL VALLEY TRAILS CONNECTION (RICH CARROLL) 4.10. REVIEW AND ACTION ON A LETTER OF SUPPORT FOR THE VAIL VALLEY TRAILS CONNECTION APPLICATION IN SUPPORT OF AN IMBA RIDE CENTER DESIGNATION (RICH CARROLL) COUNCIL BREAK UNTIL 5:00 PM (COUNCIL WILL TAKE A BREAK, IF TIME ALLOWS, BEFORE THE PRESENTATION BY HOLY CROSS ENERGY BEGINS) 4.11. PRESENTATION BY HOLY CROSS ENERGY OF 2015 COMMUNITY ENHANCEMENT FUND REBATE (MANAGER OF MEMBER SERVICE STEVE CASEY) 4.12. INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS (MAYOR JENNIE FANCHER) 4.13. PUBLIC HEARING SECOND READING OF ORDINANCE 15-11, AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TABLE 7.16-1 AND SECTION 7.16.060(H)(1) CONCERNING AMENDMENTS TO WILDRIDGE PUD APPLICATIONS (PLANNING DIRECTOR MATT PIELSTICKER) 4.14. PUBLIC HEARING SECOND READING OF ORDINANCE 16-06, APPROVING A PURCHASE AND SALE AGREEMENT OF THE PHASE 1B OFFICE BUILDING, MOUNTAIN VISTA RESORT SUBDIVISION (TOWN ATTORNEY ERIC HEIL) 4.15. PUBLIC HEARING SECOND READING OF ORDINANCE 16-03, 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 RENEWABLE ENERGY COMPONENTS (TOWN ENGINEER JUSTIN HILDRETH) 4.16. CONSENT AGENDA 4.16.1. RESOLUTION 16-13, DELEGATING AUTHORITY TO APPOINT ELECTION JUDGES TO THE AVON TOWN CLERK (TOWN CLERK DEBBIE HOPPE) 4.16.2. APPROVAL OF BUS PURCHASE AGREEMENT BETWEEN THE TOWN OF AVON AND GILLIG, LLC (TRANSIT DIRECTOR JANE BURDEN) 4.16.3. MINUTES FROM MARCH 22, 2016 MEETING (TOWN CLERK DEBBIE HOPPE) 5. WRITTEN REPORTS 5.1. 2016-17 TOWN AVON STRATEGIC PLAN QUARTERLY UPDATE ( TOWN MANAGER VIRGINIA C. EGGER) 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. AFFORDABLE HOUSING BOARD UPDATE (COUNCILOR MEGAN BURCH) 7. MAYOR & COUNCIL COMMENTS 8. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 12, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 3:00 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 3 CALL TO ORDER AND ROLL CALL 1. APPROVAL OF AGENDA 2. PUBLIC COMMENT 3. RENEWAL OF LIQUOR LICENSES 3.1. APPLICANT: WALMART STORES, INC. D/B/A WALMART #119 LOCATION: 171 YODER AVENUE TYPE: 3.2% BEER OFF PREMISES MANAGER: SAMUEL POTHIER 3.2. APPLICANT: MONTANA’S CANTINA & GRILL, LLC D/B/A MONTANA’S CANTINA & GRILL LOCATION: 82 E. BEAVER CREEK BLVD TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: TOM BEAVER 4. MINUTES FROM MARCH 22, 2016 5. ADJOURNMENT Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Fax: 720.836.3337 Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Jennie Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Mountain Star Water Storage Tank Site Annexation: Res. No. 16-06 Finding Property Eligible for Annexation and Ord. No. 16-04 Annexing the Property DATE: March 17, 2016 SUMMARY: The Upper Eagle River Water Authority has submitted an application to annex the 5 acre water storage tank site adjacent to the Mountain Star development into the Town of Avon (“Property”). This water storage tank site has a long history that dates back to the original approvals of the Mountain Star development. The preferred water storage tank site was identified on Forest Service land to the north and uphill of the Mountain Star development (see the Town of Avon Land Exchange Map). The Upper Eagle River Water Authority acquired this site along with other water storage tank sites from the U.S. Forest Service as part of the multi-party land exchange that was completed several years ago. The use of the property is intended for the construction of a water storage tank to serve the Mountain Star development. It is generally the practice and preference to annex lands into a municipality that include public infrastructure serving development in the municipality. ANNEXATION PROCESS: The Town follows the annexation process in the Municipal Annexation Act of 1965. The process began with the receipt of a complete annexation petition and the adoption of a resolution to initiate the process. The Town Council previously approved Resolution No. 16-02 Initiating the Annexation process and setting the statutorily required public hearing for March 22, 2016. A schedule of actions for the annexation process is re-printed below. ANNEXATION FINDINGS: The Town Council is required to determine if the Property is eligible for annexation before proceeding to act upon an ordinance actually annexing the Property. The statutory requirements include a minimum of 1/6 contiguity between the Property and the boundaries of the Town of Avon and a determination that a “community of interest” exists. The statutory annexation process allows annexation properties to be described in a series parcels which each meet the 1/6 contiguity requirement thereby allowing any property that touches a municipal boundary to meet this requirement. The subject Property is described in two parcels, which considered in series meets the 1/6 contiguity requirement. Resolution No. 16-06 states the findings that the Property is eligible for annexation, finds that a “community of interest exists” because the Property is for the construction of public infrastructure to serve a residential development within the Town of Avon, finds that no annexation election is required because the owner of 100% of property is petitioning for annexation and finds that no additional terms or conditions are imposed on the annexation. PROPOSED MOTION: “I move to approve Resolution No. 16-06 FINDING THAT THE MOUNTAIN STAR WATER TANK SITE PROPERTY IS ELIGIBLE FOR ANNEXATION.” ANNEXATION ORDINANCE: Ordinance No. 16-04 Annexing the Mountain Star Water Tank Site Property is presented for Council consideration. Adoption of an ordinance is the final step of the annexation process. There are no conditions, terms or agreements directly associated with the action to annex this Property. There is a 2016 Capital Projects Implementation Agreement associated with this property for the funding and construction of a water storage tank. In addition, the Town Council is required M EMORANDUM & PLANNING, LLC Avon Town Council Annexation of Mountain Star Water Tank Site Property March 17, 2016 Page 2 of 2 Annexation of Mountain Star Water Tank Site Property March 17, 2016 Page 2 of 2 to zone any property that is annexed within 90 days of annexation. An ordinance approving the zoning and accompanying Comprehensive Plan amendment is presented as a separate action item. PROPOSED MOTION: “I move to approve Ordinance No. 16-04 Annexing the Mountain Star Water Storage Tank Site Property on first reading.” SCHEDULE OF ACTIONS: Town Council: Resolution Initiating Annexation process (Set Hearing for Mar. 22) February 9, 2016 Publish Notice of Hearing (4 consecutive weeks) Feb 16, Feb, 23, Mar 1 and Mar 8 Deadline for Notice of Public Hearing by Planning Commission on Zoning Feb 19 Send Notice by Registered Mail to BOCC, County Attorney, Special Districts and School (25 days in advance) Feb 26 (last date) Planning Commission: Public Hearing - Review of Zoning March 1 Deadline to Post Notice of Public Hearing on Zoning March 11 Public Hearing: Resolution to Adopt Finding that Property is Eligible for Annexation Public Hearing: 1st Reading of Ordinance to Annex Property Public Hearing: 1st Reading of Ordinance to Zone Property March 22 Public Hearing: 2nd Reading of Ordinance to Annex Property Public Hearing: 2nd Reading of Ordinance to Zone Property April 12 Record Ordinances and Annexation Maps May 12 Thank you, Eric Attachments: Resolution No. 16-06 Ordinance No. 16-04 Annexation Petition and Annexation Map RESOLUTION NO. 16-06 FINDING THAT THE MOUNTAIN STAR WATER TANK SITE PROPERTY IS ELIGIBLE FOR ANNEXATION WHEREAS, Upper Eagle River Water Authority, has filed a petition for annexation, and the Avon Town Council has adopted Resolution No. 2016-02 INITIATING ANNEXATION OF THE MOUNTAIN STAR WATER TANK SITE PROPERTY, FINDING THE PETITION FOR ANNEXATION TO BE IN SUBSTANTIAL COMPLIANCE, AND SETTING A PUBLIC HEARING; and WHEREAS, the Town Council of the Town of Avon held a public hearing on March 22, 2016, after providing required notice in accordance with C.R.S. §31-12-108; and, WHEREAS, the Town Council of the Town of Avon desires to set forth its findings regarding the Petition for Annexation of the Mountain Star Water Tank Site Property in accordance with C.R.S. §31-12-110; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, the following: SECTION 1. ELIGIBILITY. The Town Council finds that the requirements of C.R.S. §31-12- 104 and §31-12-105 have been met. Specifically, the Town Council finds that the perimeter Mountain Star Water Tank Site Property is one sixth contiguous with the Town of Avon and further finds that a community of interest exists because the property will provide a site for essential water system infrastructure serving the Mountain Star PUD area, a residential development within the Town of Avon. SECTION 2. NO ELECTION REQUIRED. The Town Council finds that the no election is required because the Upper Eagle River Water Authority is the owner of 100% of the property petitioning for annexation. SECTION 3. NO ADDITIONAL TERMS OR CONDITIONS. The Avon Town Council finds that no additional terms or conditions are to be imposed on the annexation of the Mountain Star Water Tank Site Property. ADOPTED March 22, 2016 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk     Ord. 16-04 Annexation of Mountain Star Tank Site March 22, 2016 - FIRST READING Page 1 of 3     TOWN OF AVON, COLORADO ORDINANCE NO. 16-04 ANNEXING THE MOUNTAIN STAR TANK SITE PROPERTY WHEREAS, on January 25, 2016 the Upper Eagle River Water Authority, filed with the Town Clerk for the Town of Avon (“Town”) the petition for annexation (“Petition”) requesting that the Town Council of the Town (“Town Council”) commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A: Legal Description of the Mountain Star Tank Site Property attached hereto and incorporated herein by this reference (the “Annexation Property”); and WHEREAS, the Town Council, by Resolution Number 16-02, and by Resolution Number 16-06, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; and WHEREAS, annexation proceedings to annex the Annexation Property have not commenced for annexation of all or part of the Annexation Property to another municipality; and WHEREAS, the Town Council finds that it is in the best interests of the Town to annex the Property to the Town; and WHEREAS, the Town Council held a public hearings on March 22, 2016 and April 12, 2016, received all evidence and testimony presented with regard to the annexation of the Annexation Property at such public hearings; and at the conclusion of such public hearings the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions, stated as follows: THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article II, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town.     Ord. 16-04 Annexation of Mountain Star Tank Site March 22, 2016 - FIRST READING Page 2 of 3     3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 5. The annexation of the Annexation Property to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that: Section 1. Annexation. The Annexation Property as described on the annexation map and accompanying Petition is hereby annexed into the Town of Avon, Colorado. Specifically, Tracts WT-1 and WT-2 are annexed in series such that WT-1 is annexed first and WT-2 is annexed second, thereby annexing the entire Annexation Property. Section 2. Executing and Filing Documents. The Mayor and Town Clerk are hereby authorized to execute all necessary documents to complete the annexation of the Annexation Property. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) File for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it has passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares this Ordinance is promulgated under the general police power of the Town of Avon, that it is     Ord. 16-04 Annexation of Mountain Star Tank Site March 22, 2016 - FIRST READING Page 3 of 3     promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Fax: 720.836.3337 Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Jennie Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Mountain Star Water Storage Tank Site Comprehensive Plan Amendment and Zoning, Second and Final Reading of Ord. No. 16-05 DATE: April 7, 2016 SUMMARY: The Mountain Star Water Storage Tank property (5 acres) petitioned for annexation into the Town of Avon. In accordance with the Municipal Annexation Act of 1965 the Town is required to zone property annexed into the Town boundaries. The intended development of the property is for a water storage tank serving the Mountain Star PUD residential development. Attached to this memorandum are the application materials and staff’s report on the proposed zoning and accompanying comprehensive plan amendment. PROPOSED MOTION: I move to approve second and final reading of Ordinance No. 16-05 APPROVING AMENDMNETS TO THE TOWN OF AVON COMPREHENSIVE PLAN AND REZONING APPLICATION FOR THE MOUNTAIN STAR TANK SITE PROPERTY.” Thank you, Eric Attachments: Ordinance No. 16-05 Staff Report Avon Planning Commission Resolution No. 16-02 Comprehensive Plan Application Zoning Application M EMORANDUM & PLANNING, LLC Ord. 16-05 – Mountain Star Tank Plan and Zoning FINAL READING - April 12, 2016 Page 1 of 4   TOWN OF AVON, COLORADO ORDINANCE 16-05 APPROVING AMENDMENTS TO THE TOWN OF AVON COMPRHENSIVE PLAN AND REZONING APPLICATION FOR THE MOUNTAIN STAR TANK SITE PROPERTY WHEREAS, the Upper Eagle Regional Water Authority submitted a petition for Annexation for properties (“Mountain Star Water Tank Site Property”) related to the construction of a water tank; WHEREAS, the Avon Town Council approved Resolution 2016-02, finding that the Petition for Annexation and annexation map for the Mountain Star Water Tank Site Property is in compliance with statutory requirements; WHEREAS, the Upper Eagle Regional Water Authority submitted a Rezoning application in accordance with AMC §7.16.050(a), Rezoning Review Procedures, to zone the Mountain Star Water Tank Site Property with the Public Facilities (PF) zone district; WHEREAS, Avon Town Staff submitted a Comprehensive Plan Amendment application in accordance with AMC §7.16.030, Comprehensive Plan Amendment, updating maps to reflect the inclusion and future land use of the Mountain Star Water Tank Site Property; WHEREAS, the Avon Planning & Zoning Commission held a public hearing on March 14, 2016, after publishing and posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff, considered such information prior to formulating a recommendation; WHEREAS, after conducting the noticed Public Hearing, PZC approved Resolution 16-02 and made the required findings to recommend approval of the applications to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on March 22, 2016, and April 12, 2016 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.030(c), Review Criteria, and AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for a Comprehensive Plan Amendment and Rezoning of the Mountain Star Water Tank Site Property and found the Application in compliance with the review criteria, and specifically finds that the amendments will promote the health, safety and general welfare of the Avon community; and, Ord. 16-05 – Mountain Star Tank Plan and Zoning FINAL READING - April 12, 2016 Page 2 of 4 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 Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Findings. The Town Council hereby makes the following findings: (a) The Comprehensive Plan Amendment and Rezoning applications were reviewed in accordance with AMC §7.16.020, General procedures and Requirements. (b) The Town Council hereby adopts the findings in the March 14, 2016 Staff Report – Rezoning & Comprehensive Plan Amendment. (c) The Town Council hereby adopts the findings in the Planning and Zoning Commission Resolution 16-02 Recommending to the Avon Town Council Approval of Case #REZ16001 and Case #CPA16002, Applications to Rezone the Mountain Star Tank Site Property Public Facilities (PF) and Amend the Comprehensive Plan. (d) The Applications were reviewed in accordance with AMC §7.16.030, Comprehensive Plan Amendment, and AMC §7.16.050, Rezonings, and found to be in substantial compliance with the review criteria. (e) The Applications were reviewed concurrently, as permitted by AMC §7.16.020(b)(2), Concurrent Review. (f) Updates to the Avon Comprehensive Plan ensure that the Rezoning application is “consistent with the Avon Comprehensive Plan,” as required by AMC §7.16.050(c)(2). (g) Adjustments to the Official Zoning Map are necessary in order to change the classification of the Mountain Star Water Tank Site Property to Public Facilities (PF) for its intended future use. (h) The Mountain Star Water Tank Site Property is suitable for water infrastructure and associated uses, and is not likely to result in significant adverse impacts upon other property in the vicinity. Ord. 16-05 – Mountain Star Tank Plan and Zoning FINAL READING - April 12, 2016 Page 3 of 4 (i) Approval of the applications will promote the purposes stated in the Development Code by ensuring the adequate provision of water services and maintaining current and future fire flow demands. Section 2. Comprehensive Plan Amendments. The Town Council hereby approves amendments to the Town of Avon Comprehensive Plan to amend the Comprehensive Plan Maps to integrate the Mountain Star Water Tank Site Property on the land use maps. Section 3. Designation of Zone District, Amendment to Official Zoning Map. The Town Council hereby designates the Mountain Star Water Tank Site Property for inclusion in the Public Facilities (PF) zone district and amendments the Official Town Zoning Map to reflect this designation. 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. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 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] Ord. 16-05 – Mountain Star Tank Plan and Zoning FINAL READING - April 12, 2016 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         1 Staff  Report  –  Rezoning  &     Comprehensive  Plan  Amendment       March  14,  2016  Planning  &  Zoning  Commission  Meeting   Project  type  Case  #REZ16001  /  #CPA16002         Legal  description  Lot  16,  Section  25,  Township  4S,  Range  82W   Current  Zoning  N/A       Proposed  Zoning  Public  Facilities  (PF)   Address  1875  Paintbrush     Prepared  By  Matt  Pielsticker,  AICP     INTRODUCTION   The  Applicant,  The  Upper  Eagle  River  Water  Authority,  has  submitted  a  Rezoning  application   for  a  property  set  to  be  annexed  by  the  Avon  Town  Council  in  April.    The  request  would  zone   the  property  Public  Facilities  (PF)  in  order  to  accommodate  the  construction  of  a  water  tank   this   summer.    Town   Staff   is   processing   a   Comprehensive   Plan   Amendment   application   concurrently  to  acknowledge  the  location  and  use  of  the  property  on  the  existing  and  future   land  use  maps  in  the  Avon  Comprehensive  Plan.                     PROCESS           The  Planning  and  Zoning  Commission  (“PZC”)  will  review  the  Application  and  conduct  a  public   hearing   on  March   14,   2016.    After   conducting   a   public   hearing,   PZC   will   forward  a   recommendation  to  Town  Council.    Subsequently,  final  action  is  taken  on  the  applications  by   Town  Council  after  conducting  public  hearings  and  either  approval  by  Ordinance.    PROPERTY  BACKGROUND   The  site  is  currently  located  on  uplatted  land  in  Eagle  County.    A  Federal  Patent  for  the  land  was   issued  to  the  water  authority  as  a  result  of  the  Eagle  Valley  Land  Exchange.    The  5  acre  site  will   be  annexed  into  the  Town  with  a  separate  Ordinance.    Access  to  the  site  is  via  an  existing   access  road  that  extends  from  the  Paintbrush  right-­‐of-­‐way  through  Mountain  Star  Tract  M,   both  of  which  are  owned  by  the  Mountain  Star  Homeowner’s  Association.    An  existing  access   and  utility  easement  exists  on  Tract  M.     PROPERTY  DESCRIPTION   The  property  is  composed  of  two  (2)  parcels,  totaling  5  acres,  and  contains  forested  property   and  an  old  access  road  connecting  Paintbrush  Road  with  a  trail  into  the  USFS  lands  beyond.         Staff  Review  &  Report   PUBLIC  HEARING:   PZC   PUBLIC  HEARING:  Council  &  1st  Reading  of  Ordinance       PUBLIC  HEARING:  Council  &  2nd  Reading  of  Ordinance   March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         2 The  Property  is  bounded  on  the  south  by  Lot  36  with  a  single  family  home  approximately  1000’   from  the  away  from  the  tank  site.    To  the  west,  north,  and  east  the  site  is  bordered  by  USFS   property  and  open  space.         REZONING  CRITERIA:   The  review  criteria  for  zoning  amendments  are  governed  by  AMC  §7.16.050,  Rezonings.    The   PZC  shall  use  the  criteria  below  as  the  basis  for  a  recommendation  on  the  Rezoning  application.       Staff  responses  to  each  review  criteria  are  provided.     (1)  Evidence  of  substantial  compliance  with  the  purpose  of  the  Development  Code;   Staff  Response:    The  Application  is  substantially  compliant  with  the  purpose  statements  of   the  Development  Code  by  providing  for  the  orderly,  efficient  use  of  the  Property,  while  at   the  same  time  conserving  the  value  of  the  investments  of  owners  of  property  in  Town.       The  Application   promotes   the   health,   safety,   and   welfare   of   the   Avon   community   by   designating   the   Property   with   a   zone   district   that   will   accommodate   a   water   storage   facility.    The  water  tank  will  ensure  a  safer  community  by  ensuring  adequate  fire  flows  in   the  event  of  an  incident.    Additionally,  the  construction  of  the  tank  will  “Minimize  the  risk   of   damage   and   injury   to   people,   structures   and   public   infrastructure”  as   stated   in   the   Purpose  provisions  of  the  code.     March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         3 The  entire  Purpose  statement  section  from  the  Development  Code  (Section  7.04.030  -­‐   Purposes)  is  outlined  for  reference:       (a)   Divide   the   Town   into   zones,   restricting   and   requiring   therein   the   location,   erection,   construction,   reconstruction,   alteration   and   use   of   buildings,   structures   and   land   for  trade,   industry,   residence   and   other   specified   uses;   regulate   the   intensity   of   the   use   of   lot   areas;   regulate  and  determine  the  area  of  open  spaces  surrounding  such  buildings;  establish  building   lines   and   locations   of   buildings   designed   for   specified   industrial,   commercial,   residential   and   other  uses  within  such  areas;  establish  standards  to  which  buildings  or  structures  shall  conform;   establish  standards  for  use  of  areas  adjoining  such  buildings  or  structures;   (b)   Implement   the   goals   and   policies   of   the   Avon   Comprehensive   Plan   and   other   applicable   planning  documents  of  the  Town;     (c)   Comply   with   the   purposes   stated   in   state   and   federal   regulations   which   authorize   the   regulations  in  this  Development  Code;     (d)  Avoid  undue  traffic  congestion  and  degradation  of  the  level  of  service  provided  by  streets   and  roadways,  promote  effective  and  economical  mass  transportation  and  enhance  effective,   attractive  and  economical  pedestrian  opportunities;     (e)  Promote  adequate  light,  air,  landscaping  and  open  space  and  avoid  undue  concentration  or   sprawl  of  population;   (f)  Provide  a  planned  and  orderly  use  of  land,  protection  of  the  environment  and  preservation  of   viability,  all  to  conserve  the  value  of  the  investments  of  the  people  of  the  Avon  community  and   encourage   a   high   q uality   of   life   and   the   most   appropriate   use   of   land   throughout   the   municipality;   (g)  Prevent  the  inefficient  use  of  land;  avoid  increased  demands  on  public  services  and  facilities   which  exceed  capacity  or  degrade  the  level  of  service  for  existing  residents;  provide  for  phased   development  of  government  services  and  facilities  which  maximizes  efficiency  and  optimizes   costs  to  taxpayers  and  users;  and  promote  sufficient,  economical  and  high-­‐quality  provision  of  all   public  services  and  public  facilities,  including  but  not  limited  to  water,  sewage,  schools,  libraries,   police,  parks,  recreation,  open  space  and  medical  facilities;     (h)  Minimize  the  risk  of  damage  and  injury  to  people,  structures  and  public  infrastructure  created   by  wild  fire,  avalanche,  unstable  slopes,  rock  fall,  mudslides,  flood  danger  and  other  natural   hazards;     (i)  Achieve  or  exceed  federal  clean  air  standards;     (j)  Sustain  water  sources  by  maintaining  the  natural  watershed,  preventing  accelerated  erosion,   reducing  runoff  and  consequent  sedimentation,  eliminating  pollutants  introduced  directly  into   streams  and  enhancing  public  access  to  recreational  water  sources;     (k)  Maintain  the  natural  scenic  beauty  of  the  Eagle  River  Valley  in  order  to  preserve  areas  of   historical   and   archaeological   importance,   provide   for   adequate   open   spaces,   preserve   scenic   views,   provide   recreational   opportunities,   sustain   the   tourist-­‐based   economy   and   preserve   property  values;   (l)  Promote  architectural  design  which  is  compatible,  functional,  practical  and  complimentary  to   Avon's  sub-­‐alpine  environment;     March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         4 (m)   Achieve   innovation   and   advancement   in   design   of   the   built   environment   to   improve   efficiency,  reduce  energy  consumption,  reduce  emission  of  pollutants,  reduce  consumption  of   non-­‐renewable  natural  resources  and  attain  sustainability;     (n)  Achieve  a  diverse  range  of  attainable  housing  which  meets  the  housing  needs  created  by  jobs   in  the  Town,  provides  a  range  of  housing  types  and  price  points  to  serve  a  complete  range  of  life   stages  and  promotes  a  balanced,  diverse  and  stable  full  time  residential  community  which  is   balanced  with  the  visitor  economy;     (o)  Promote  quality  real  estate  investments  which  conserve  property  values  by  disclosing  risks,   taxes   and   fees;   by   incorporating   practical   and   comprehensible   legal   arrangements;   and   by   promoting  accuracy  in  investment  expectations;  and     (p)  Promote  the  health,  safety  and  welfare  of  the  Avon  community.         (2)  Consistency  with  the  Avon  Comprehensive  Plan;   Staff  Response:  With  the  corresponding  Avon  Comprehensive  Plan  Amendment,  the   Application  is  consistent  with  the  plan  and  recommendations  related  to  the  provision   of  public  services  including  water.           (3)  Physical   suitability   of   the   land   for   the   proposed   development   or   subdivision;   Staff  Response:    The  Property  is  suitable  for  water  storage  and  a  small  access  roadway.     The  elevation  of  the  property  is  at  9,200  feet  which  is  adequate  to  serve  the  gravity   flow  tank.    Vegetation  on  the  property  consists  of  aspen  and  various  native  grasses   with  some  open  meadows.                   (4)  Compatibility  with  surrounding  land  uses;   Staff  Response:        The  area  surrounding  the  parcel  is  mostly  native  forest,  with  single-­‐ family  home  construction  to  the  south.    Once  the  facility  is  operational,  there  will  be   minimal  noise  from  maintenance  vehicles  monitoring  the  site  on  a  routine  basis.      Long   term  Impacts   to   wildlife   are   minimal   as   documented   in   the   Land   Exchange   environmental  assessment  documentation.         (5)  Whether   the   proposed   rezoning   is   justified   by   changed   or   changing   conditions  in  the  character  of  the  area  proposed  to  be  rezoned   Staff  Response:    The  rezoning  is  justified  based  on  increased  water  demand  in  the   Mountain  Star  subdivision  to  maintain  adequate  fire  flows.     (6)  Whether  there  are  adequate  facilities  available  to  serve  development  for   the   type   and   scope   suggested   by   the   proposed   zone   compared   to   the   existing   zoning,  while  maintaining  adequate  levels  of  service  to  existing  development;   Staff  Response:    The  Property  is  served  through  an  access  easement  from  a  privately   owned  and  maintained  roadway.                 March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         5 (7)  Whether   the   rezoning   is   consistent   with   the   stated   purpose   of   the   proposed  zoning  district(s);   Staff  Response:    The  PF  zone  district  is  well  suited  for  construction  of  a  water  tank  and   leaving  the  property  in  relatively  natural  state.             (8)  That,  compared  to  the  existing  zoning,  the  rezoning  is  not  likely  to  result  in   adverse   impacts   upon   the   natural   environment,   including   air,   water,   noise,   stormwater   management,   wildlife,   and   vegetation,   or   such   impacts   will   be   substantially  mitigated;   Staff  Response:      The  property  currently  has  no  zoning  designation.    All  of  the  impacts   associated  with  the  construction  and  on-­‐going  maintenance  of  a  water  tank  were   evaluated  with  biological  and  wildlife  studies.    For  example,  to  mitigate  impacts  to   wildlife,  construction  will  only  be  permitted  between  April  15  and  December  15  for   deer  and  elk  range.    No  adverse  impacts  are  expected,  and  any  minor  impacts  will  be   mitigated.     (9)  That,  compared  to  the  existing  zoning,  the  rezoning  is  not  likely  to  result  in   significant  adverse  impacts  upon  other  property  in  the  vicinity  of  the  subject  tract;   Staff   Response:    Temporary   noise   during  construction   will   have   some   impacts   to   neighboring   properties;   however,   BMPs   will   be   utilized   to   limit   impacts   with   construction  limited  from  7am  to  6pm  Monday  through  Saturday.    Once  the  tank  is   constructed  there  will  be  very  few  impacts  to  other  properties  in  the  vicinity.    The   location  of  the  tank  is  approximately  175  higher  than  Paintbrush  road  and  will  not  be   visible.                       (10)  For  rezoning  within  an  existing  PUD,  consistency  with  the  relevant  PUD   Master  Plan  as  reflected  in  the  approval  of  the  applicable  PUD;  and,   Staff  Response:    The  Property  is  not  located  in  the  Mountain  Star  PUD  and  this  is  not   applicable.     (11)  Adequate  mitigation  is  required  for  zoning  amendment  applications  which   result  in  greater  intensity  of  land  use  or  increased  demands  on  public  facilities  and   infrastructure.   Staff   Response:    The   zoning   amendment   will   result   in   minimal   impacts   to   public   facilities  and  infrastructure.             COMPREHENSIVE  PLAN  AMENDMENT  CRITERIA:   The   review   procedures   for   a   Comprehensive   Plan   Amendment   mimic   those   of   a   Rezoning   application  and  therefore  the  two  applications  are  being  reviewed  concurrently.    The  Avon   Development   Code   allows   concurrent   review   pursuant   to   AMC  §7.16.020(b)(2),  Concurrent   Review.    According   to   the   AMC   §7.16.030(e),   PZC   shall   consider   the   following   criteria   in   formulating  a  recommendation  to  Council:   March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         6 (1)   The   surrounding   area   is   compatible   with   the   land   use   proposed   in   the   plan   amendment   or   the   proposed   land   use   provides   an   essential   public   benefit   and   other   locations  are  not  feasible  or  practical;   Staff  Response:      The  land  use  of  the  amendment  is  consistent  with  existing  land  uses  in  the   vicinity.    Construction  of  a  water  tank  provides  an  essential  public  benefit.    The  location  of   this  Property  is  strategic  based  on  elevation  and  location  proximate  to  the  residential  lots   it  will  serve.           (2)  Transportation  services  and  infrastructure  have  adequate  current  capacity,  or  planned   capacity,   to   serve   potential   traffic   demands  of   the   land   use   proposed   in   the   plan   amendment;   Staff  Response:    Several  alternatives  were  considered  for  this  water  tank,  from  235,000  to   5000,000   gallons.     The   capacity   was   set   to   270,000   gallons,   as   recommended   by   an   independent  engineering  study.         (3)  Public  services  and  facilities  have  adequate  current  capacity,  or  planned  capacity,  to   serve  the  land  use  proposed  in  the  plan  amendment;   Staff  Response:    This  facility  will  serve  existing  and  future  demands  of  the  Mountain  Star   PUD.    The  plan  amendment  does  not  increase  development  potential  in  the  area.       (4)  The  proposed  land  use  in  the  plan  amendment  will  result  in  a  better  location  or  form   of  development  for  the  Town,  even  if  the  current  plan  designation  is  still  considered   appropriate;   Staff  Response:    The  existing  water  tank  on  Tract  M  of  Mountain  Star  will  be  removed  and   decommissioned  with  the  construction  of  this  upgraded  tank.    The  location  of  the  tank,   approximately  1000’  above  the  existing  residential  construction,  is  appropriate.       (5)  Strict  adherence  to  the  current  plan  would  result  in  a  situation  neither  intended  nor  in   keeping  with  other  key  elements  and  policies  of  the  plan;   Staff  Response:    The  current  Avon  Comprehensive  Plan  does  not  contemplate  the  land   exchange  parcel  where  the  tank  will  be  located;  therefore  the  maps  are  being  updated  to   show  the  boundaries  of  the  parcel  and  open  space  designation  given  how  the  property  is   intended  to  be  developed.     (6)  The  proposed  plan  amendment  will  promote  the  purposes  stated  in  this  Development   Code;  and,   Staff   Response:    As   stated   above,   the   Purposes   stated   in   the   Development   Code   are   achieved  with  the  siting  and  development  of  the  property  for  a  water  tank.     (7)  The  proposed  plan  amendment  will  promote  the  health,  safety  or  welfare  of  the  Avon   Community   and   will   be   consistent   with   the   general   goals   and   policies   of   the   Avon   Comprehensive  Plan.   Staff   Response:    The   plan   amendment   will   ensure   that   the   Comprehensive   Plan   is   consistent   with   the   zoning   application   to   accommodate   the   construction   of   t he   water   March  14,  2016  PZC  Meeting     Mountain  Star  Tank  Site  Zoning  and  Comprehensive  Plan  Amendment         7 tank.    The  health,  safety,  and  welfare  of  the  Mountain  Star  community  will  be  enhanced   with  a  safe,  appropriately  sized  water  tank  structure.         RECOMMENDAITON   Approval     RECOMMENDED  MOTION:     “I  move  to  Approve  Resolution  16-­‐02,  recommending  that  the  Avon  Town  Council  approve  Case   #REZ16001  and  Case  #CPA16002,  applications  to  rezone  the  Mountain  Star  Water  Tank  Site   Property  to  the  Public  Facilities  (PF)  Zone  District  and  amend  the  Avon  Comprehensive  Plan  to   integrate  the  Mountain  Star  Water  Tank  Site  Property  on  land  use  maps.”       ATTACHMENTS:   Resolution  16-­‐02   Rezoning  Application   Comprehensive  Plan  Exhibits   Resolution  16-­‐02  –  Recommendation  Regarding  Mountain  Star  Water  Tank  Applications    TOWN  OF  AVON,  COLORADO   PLANNING  AND  ZONING  COMMISSION  RESOLUTION  16-­‐02     A  RESOLUTION  RECOMMENDING  TO  THE  AVON  TOWN  COUNCIL  APPROVAL  OF  CASE  #REZ16001   and  CASE  #CPA16002,  APPLICATIONS  TO  REZONE  THE  MOUNTAIN  STAR  TANK  SITE  PROPERTY   PUBLIC  FACILITIES  (PF)  AND  AMEND  THE  COMPREHENSIVE  PLAN         WHEREAS,  the  Upper  Eagle  River  Water  Authority  submitted  an  application  to  zone  the   Mountain  Star  Tank  Site  Property  Public  Facilities  (PF)  zone  district,  and  Town  Staff  has  processed  an   application  to  amend  the  Comprehensive  Plan  (collectively  “the  Applications”)  to  integrate  the   Mountain  Star  Water  Tank  Site  Property  on  land  use  maps;  and     WHEREAS,  the  Avon  Planning  and  Zoning  Commission  held  a  Public  Hearing  on  March  14,  2016,   where  public  comments  were  considered;  and       WHEREAS,  the  Planning  and  Zoning  Commission  makes  the  following  findings  with  respect  to   the  Applications:   1. The  Applications  are  desirable  to  respond  to  changed  conditions  in  the  Mountain  Star   Subdivision.   2. The  Applications  were  reviewed  in  accordance  with  AMC  §7.16.030  Comprehensive  Plan   Amendment,  and  AMC  §7.16.050,  Rezonings,  and  found  to  be  in  substantial  compliance   with  the  review  criteria  as  outlined  in  the  staff  report  dated  March  14,  2015  by  Matt   Pielsticker.       3. The   Applications   were   reviewed   concurrently,   as   permitted   by   AMC   §7.16.020(b)(2),   Concurrent  Review.   4. The  Applications  promote  the  health,  safety,  and  welfare  of  the  Avon  community  by   providing  a  site  to  meet  current  and  future  fire  flow  storage  requirements  for  the  88   single-­‐family  residential  lots  in  the  Mountain  Star  subdivision.           5. The   Application   is  substantially   compliant   with   the   purpose   statements   of   the   Development  Code  by  minimizing  “the  risk  of  damage  and  injury  to  people,  structures  and   public  infrastructure”  as  stated  in  the  Purpose  provisions  of  the  code.       NOW   THEREFORE,   BE   IT   RESOLVED,  that  the   Planning   and   Zoning   Commission   hereby   recommends  that  the  Town  Council  of  the  Town  of  Avon  Approve  the  Applications  as  submitted.           ACCEPTED,  APPROVED,  AND  ADOPTED  THIS  ____  DAY  OF  _______________,  2016   AVON  PLANNING  AND  ZONING  COMMISSION     SIGNED:   ___________________________   Jim  Clancy,  Chairperson   January 25, 2016 Debbie Hoppe, Town Clerk Town of Avon 1 Lake Street Avon, CO 81620 Dear Debbie, I have enclosed separate Annexation Plats for Tract WT-1 and WT-2, together containing 5.00 acres, and, on behalf of the Upper Eagle Regional Water Authority (“Authority”), I hereby request serial annexation of both Tracts to the Town of Avon. I have also enclosed the executed Petition for Annexation from the Authority. The Authority acquired Lot 16, Section 25, Township 4 South, Range 82 West, 6th Principal Meridian, Eagle County, Colorado by U.S. Patent in 2013, Reception No. 201309275, from the United States of America in the Eagle County Land Exchange for the specific purpose of constructing a water storage tank above the Mountain Star Subdivision in the Town of Avon. In order to complete the permitting process for this new tank, it is appropriate that this property first be annexed to the Town. I request that this property be zoned PF – Public Facilities to be consistent with the proposed use of the property. I also request that the Town waive any fees for review of this Petition for Annexation as it is being submitted by another governmental entity in which the Town is a Contracting Party. The Authority plans to begin construction of this water storage tank in April 2016. I therefore request expedited consideration and approval of this Petition for Annexation so that this important project can proceed to completion as soon as possible. Sincerely, Jason Cowles, P.E. Planner, Upper Eagle Regional Water Authority Enclosures: Land Development Application Annexation Petition Annexation Plat List of Property Owners within 300’ of Annexation Parcel Mailing Envelopes for Adjacent Property Owners cc: Linn Brooks, General Manager James P. Collins, General Counsel Virginia Egger, Town Manager Matt Pielsticker, Town Planner TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: April 12, 2016 Meeting Agenda Topic: Public Hearing - 1041 Permit Construction of Mountain Star Water Storage Tank ACTION BEFORE COUNCIL Motion and Vote on 1041 Permit for construction of the Mountain Star Water Storage Tank. PROPOSED MOTION “I move to approve the 1041 Permit for construction of the Mountain Star Water Storage Tank as described in the application materials dated February 12, 2016, with the following findings and conditions: Findings 1. The Application was reviewed in accordance with Avon Municipal Code Chapter 7.40, 1041 Regulations, and found to be in conformance with the mandatory review criteria outlined in Matt Pielsticker’s Staff Report dated April 12, 2016. Conditions 1. Prior to construction a Grading and/or Building Permit will be obtained from the Community Development Department. 2. Permit is valid from April 15, 2016 to November 15, 2016. SUMMARY The Upper Eagle Regional Water Authority (“UERWA”) has submitted a proposal to construct a 270,000 gallon water storage tank above the Mountain Star subdivision. A permit is required as the system qualifies as a “Special Water and Wastewater Project” (or “SWWP”) according to Avon Municipal Code Section 7.40, Article VII Additional Provisions Applicable to Municipal and Industrial Water Projects, Site Selection and Construction of Major New Domestic Water and Sewage Treatment Systems and Major Extension of Existing Domestic Water And Sewage Treatment Systems. A public hearing and approval of the permit by Council is required prior to construction activities taking place. This application is scheduled for review and action immediately following the annexation and zoning reviews at the April 12, 2016 meeting. Mountain Star Water Storage Tank 1041 Permit Page 1 PROCESS & RESPONSIBLITIES • The Community Development Director administers the permit application and ensures that the processes required to obtain a 1041 permit are followed, including review and finding that an application meets all of the submittal requirements and criteria. • The Town Clerk is responsible for public notice requirements and publishing of notice in the newspaper. Following the public hearing, the Town Clerk must maintain records of the application, public comments, and Town Council proceedings. • Avon’s Town Council shall hold a public hearing and serve as the Permit Authority for this permit. The Town Council may continue the hearing for a period not to exceed sixty (60) days GUIDELINES & REQUIREMENTS The Town Council shall approve an application for a 1041 permit for a SWWP only if the proposed construction is in conformance with the regulations of Avon Municipal Code Section 7.40. The following guidelines and requirements must be considered by the Town Council when reviewing this 1041 permit: (a) All of the provisions of the 1041 Permit application procedure set forth in Article III of these Regulations have been complied with; Staff Response: The Upper Eagle River Authority is authorized to submit the Application, and have met all of the submittal requirements outlined in AMC 7.40.220, Application Submittal Requirements. All procedures within Article III have been adhered to and the permit is eligible for final action by Town Council at the April 12, 2016 regular meeting. (b) Demographic trends demonstrate a need for the SWWP in order to timely serve existing and future residents and businesses within the Town; Staff Response: The UERWA has demonstrated the clear demand for this water storage tank and associated infrastructure. The facilities will serve the Mountain Star subdivision exclusively. (c) Desirable local and regional community land use patterns will not be disrupted due to the location of the proposed construction, expansion, or modification of the SWWP; Staff Response: The Water Storage Tank site is located on the periphery of Town and bordering USFS lands. No land use patterns will be disrupted due to the location of the SWWP system. (d) The construction, expansion or modification of all dams or other impoundment structures required by the SWWP, if any, will comply with engineering requirements specified by the Colorado Water Conservation Board and the Office of the State Engineer. Staff Response: Not Applicable. (e) The proposed SWWP is not subject to significant risk from earthquakes, floods, fires, subsidence, expansive soils, avalanches, landslides, or other natural hazards. Staff Response: The Application includes detailed analysis of soils and other geologic hazards. The design of the tank takes these risks into consideration and mitigate potential hazards that may be experienced on the property. Mountain Star Water Storage Tank 1041 Permit Page 2 (f) The proposed SWWP will not present an unreasonable risk of exposure to toxic or hazardous substances within the impact area. Staff Response: There is no present or anticipated risk of exposure to toxic or hazardous substances. After the tank is constructed the normal operations will not require any hazardous materials. Noted is approval of final plans and specifications for construction by the Colorado Department of Public Health and Environment. (g) The proposed SWWP will not significantly deteriorate floodplains, wetlands or riparian areas in the impact area. Staff Response: Not Applicable. (h) The proposed SWWP will not significantly degrade existing visual quality, noise and vibration levels, or odor levels in the impact area. Staff Response: The proposed facility is cited 1,400 feet up an access road from Paintbrush Road and approximately 175 in elevation higher than the roadway. Based on the topography of the annexation parcels, horizontal location of the tank, and proposed (un)finished appearance of the tank, Staff finds no degradation of visual quality. Noise and other temporary disturbance related to construction activities will be mitigated as proposed. (i) The proposed SWWP is technically and financially feasible. Staff Response: The attached Application, technical drawings, and corresponding funding agreements demonstrate that the Mountain Star Water Tank construction is technically and financially feasible. (j) The proposed construction, expansion, or modification of the SWWP will not directly conflict with the Comprehensive Plan, or other applicable local, regional, and state master plans, including, but not limited to storm drainage and flood control plans and storm water quality plans and programs; Staff Response: The Application poses no direct conflict with the Comprehensive Plan or other master plans. The corresponding Comprehensive Plan Amendment, if approved on April 12, 2016, will provide further assurance that the Mountain Star Water Storage Tank is in fully compliance with long range planning documents. Goal H.4.4 of the Comprehensive Plan states “Conserve water through public education, supply management, and demand management techniques, requiring residential, commercial, and municipal landscaping to be compliant with water conservation design guidelines.” The Application materials demonstrate a commitment to these Comprehensive Plan goals and associated policies. (k) The SWWP promotes the efficient use of water. Staff Response: The Application and UERWA Water Conservation Master Plan demonstrate a commitment to the efficient use of water resources. The UERWA is also pursuing a SFE/per year limit in the Mountain Star PUD with incentives, new technology, education, and tiered pricing measures to promote responsible use of water. (l) The existing wastewater treatment facilities or water treatment facilities within the Town of Avon and which serve the service area must be at or near operational capacity, or will be within five (5) years from the date construction of the SWWP is initiated, based on then current demographic trends. Mountain Star Water Storage Tank 1041 Permit Page 3 Staff Response: The tank is designed to provide adequate potable water for full buildout of the Mountain Star subdivision, while meeting fire flow requirements of construction to ensure public safety. The tank is sized appropriately without excess capacity over that warranted by PUD density allowances. (m) The proposed construction, expansion, or modification of the SWWP will not increase water pollution levels in violation of applicable federal, state, and local water quality control standards and will result in no net loss of wetland values and functions; Staff Response: The Application is governed by strict federal and state level water quality control standards and will not result in the net loss of wetland values. (n) The applicant has the technical and financial ability to develop and operate the proposed project in a manner that is consistent with the permit conditions and the public health, safety and welfare. Staff Response: The attached Application, technical drawings, and corresponding funding agreements demonstrate that the Mountain Star Water Tank construction is technically and financially feasible. (o) The nature and scope of the SWWP will not compete with existing water or wastewater treatment services or create duplicative services within the Town boundaries. Staff Response: The scope of the Mountain Star Water Storage Tank will not compete with existing water services. The (temporary) hydro-pneumatic tank currently serving the upper areas of Mountain Star Subdivision will be replaced with the proposed tank. ATTACHMENTS Application Materials Mountain Star Water Storage Tank 1041 Permit Page 4 February 15, 2016 Matt Pielsticker, Planning Manager Town of Avon 1 Lake Street Avon, CO 81620 Dear Mr. Pielsticker, Enclosed you will find two bound copies of an application for a permit to conduct a Designated Activity of State and Local Interest pursuant to Chapter 7.40 – 1041 Regulations of the Town of Avon development code. A digital copy of the application is also included on the enclosed thumb drive for your use. The Upper Eagle Regional Water Authority (UERWA) is proposing to construct a water storage tank above the Mountain Star Subdivision on land that is concurrently proposed for annexation into the Town of Avon, and is requesting a concurrent review of the enclosed 1041 Application. I request that the Town waive any fees for review of this 1041 Permit Application as it is being submitted by another governmental entity in which the Town is a Contracting Party. Thank you for all of your assistance with this process. Sincerely, Jason Cowles, P.E. Planner, Upper Eagle Regional Water Authority Mountain Star Water Storage Tank Application for a Town of Avon 1041 Permit to Conduct a Designated Activity of State and Local Interest Submitted by: Upper Eagle Regional Water Authority 846 Forest Road Vail, CO 81657 Tel: (970) 476-7480 Prepared by: Jason Cowles, P.E. Upper Eagle Regional Water Authority 846 Forest Road Vail, CO 81657 Tel: (970) 476-7480 Submitted: February 12, 2016 Table of Contents I. INTRODUCTION ................................................................................................................ 1 II. APPLICATION SUBMITTAL REQUIREMENTS (Section 7.40.220) .................................... 1 III. APPLICATION SUBMITTAL REQUIREMENTS FOR SPECIAL WATER OR WASTEWATER PROJECT (Section 7.40.640) .........................................................................21 List of Exhbits EXHIBIT A: ERWSD Organizational Chart EXHIBIT B: UERWA Project Authorization Letter Exhibit C: 60% Basis of Design Report Exhibit D: Mountain Star Water System Improvements Conceptual Design Memorandum Exhibit E: Mountain Star Tank Project Schedule Exhibit F: Environmental Assessment Eagle Valley Land Exchange Exhibit G: Biological Assessment and Biological Evaluation for the Proposed UERWA Water Tanks14 Exhibit H: 60% Design Budget Estimate Exhibit I: EVLX Mineral Report Exhibit J: UERWA Water Conservation Master Plan Exhibit K: Town of Avon Zoning Map Exhibit L: Mountain Star Final Plat Exhibit M: Mountain Star Tank Service Area Exhibit N: UERWA Water Service Rates Exhibit O: 2014 UERWA Consumer Confidence Report i I. INTRODUCTION The Upper Eagle Regional Water Authority (“Authority” or “UERWA”) is proposing to construct a 270,000 gallon water storage tank on land that it is proposing for annexation into the Town of Avon, Colorado for purposes of improving service to the Mountain Star Planned Urban Development (PUD). The tank will be located just north of the Mountain Star PUD and is referred to herein as the “Mountain Star Tank” or “the Project”. The tank will be situated on a tract of land that was acquired by the Authority in the Eagle Valley Land Exchange adjacent to the boundary of the White River National Forest (WRNF). Pursuant to Town of Avon Development Code Chapter 7.40 – Regulations for Areas and Activities Designated as Matters of State and Local Interest (the “1041 Regulations”), the Authority is submitting this application for a Town of Avon Permit to Conduct a Designated Activity of State Interest. Below, and in the attached Figures and Exhibits, please find the application requirements outlined in Sections 7.40.220 and 7.40.640 of the Town of Avon’s Regulations for Matters of State Interest. Each application question and/or requirement is restated in italicized text and the response is provided directly below in a normal font. II. APPLICATION SUBMITTAL REQUIREMENTS (Section 7.40.220) Each application shall contain, at minimum, the items required below. If requested by the applicant in writing, including detailed reasons for the request, the Director may waive any of the required application materials deemed by the Director as not relevant to the Town Council's review of the 1041 Permit application. Any such waiver shall be set forth in writing and executed by the Director. Additional materials may be required pursuant to guidelines and regulations adopted by the Town Council following the designation of particular matters of state interest by the Town Council. The application shall include the following information: A) Information regarding the applicant: 1) The names, addresses organizational form and business, of the applicant and, if different, the owner of the proposed project. Applicant and Project Owner: Upper Eagle Regional Water Authority 846 Forest Road Vail, CO 81657 Tel: (970) 476-7480 Project Manager: Jason Cowles, P.E., jcowles@erwsd.org 1 Business of the Applicant: The UERWA is a quasi‐municipal corporation and a political subdivision of the State, whose goal is to provide its customers with a safe and dependable supply of drinking water. The Eagle River Water & Sanitation District (ERWSD) manages and operates the domestic water treatment and distribution system of the UERWA through an Operations Agreement. The most current organizational chart for the ERWSD/UERWA is included as EXHIBIT A. 2) The names, addresses and qualifications of individuals who are or will be responsible for constructing and operating the project, including those areas of expertise and experience of said individuals with projects directly related or similar to that proposed in the application. Civil Engineering: Alpine Engineering, Inc. P.O. Box 97 Edwards, Colorado 81632 Phone: (970) 926-3373 Project Managers: Matt Wadey, PE, wadey@alpinecivil.com & Gary Brooks, brooks@alpinecivil.com Qualifications: The Principals of AEI, Matt Wadey, PE; Gary Brooks, Gary Almgren and Tim Leininger have 78 years of combined engineering, surveying and project management experience within Colorado. The AEI staff of eight (8) is rounded out with Professional Engineers, Professional Licensed Surveyors, Design Engineers and Technicians with specific expertise in land and site development. AEI has been located in Edwards for 27 years. AEI specializes in land and site development and utility infrastructure projects, and has worked on numerous water system design projects for ERWSD, UERWA, various Metropolitan Districts, and the Town of Eagle. These projects include approximately seven water storage tanks through completed civil design and construction. Tank Design: SGM, Inc. 118 W. Sixth Street, Suite 200 Glenwood Springs, CO 81601 Phone: (970) 945-1004 Principal-In-Charge: Chap Paulson, PE CWP Senior Structural Engineer: Bill Swigert, PE SE Project Manager: Theresa Weidmann, PE 2 Qualifications: SGM, Inc. (SGM), incorporated in 1986, is a multidisciplinary engineering, surveying and consulting firm headquartered in Glenwood Springs, CO with additional offices in Gunnison, Aspen, Meeker, Salida, Grand Junction and Durango. SGM serves as the Authority’s water system master planning consultant, and has engineered a number of water treatment, water storage, and water distribution projects throughout the UERWA and ERWSD water systems. The SGM project team brings over 60 years of professional experience designing water and wastewater storage tanks throughout Western Colorado, including local projects such as the Arrowhead Mountain Tank in the UERWA system, three concrete tanks in the Red Sky Ranch PUD, and tanks within the Beaver Creek Mountain Water System. Project Operation: Upper Eagle Regional Water Authority 846 Forest Road Vail, CO 81657 Tel: (970) 476-7480 Project Manager: Jason Cowles, PE, jcowles@erwsd.org Qualifications: Refer to Part B, 8 (vi) of this application. Construction: Aslan Construction, Inc. 120 Bunyan Ave., Suite 200 Berthoud, CO, 80513 Tel: (970) 344-1040 Principal: Mike Pelphrey, mikep@aslanconstruction.com Qualifications: Aslan Construction, Inc. has been selected as the General Contractor At- Risk to construct the tank using a qualification based selection process. Aslan is a Colorado based contractor specializing in water/wastewater construction that works primarily for municipalities, water districts and other governmental agencies. Aslan has been in operation for over 15 years, and in that time has successfully completed 13 water storage tank projects, in addition to a significant number of water and wastewater treatment plant projects, water booster pumping stations, and wastewater lift stations. Aslan has a highly qualified staff of approximately 40 employees and maintains a bonding capacity of $40 million. 3) Authorization of the application package by the project owner, if different than the applicant. 3 The Applicant, the Upper Eagle Regional Water Authority, is the Project Owner. A letter from the UERWA General Manager authorizing the project is included as EXHIBIT B. B) Information regarding the proposed project: 1) Detailed plans and specifications of the proposed project and a summary of alternatives. The proposed Mountain Star Tank Project involves the construction of an above ground concrete water storage tank, immediately to the north of the Mountain Star PUD in Avon, CO. A map showing the proposed tank location is included in Figure 1. Figure 1 - Location of Proposed Water Storage Tank The cylindrical concrete tank will be approximately 270,000 gallons in volume, 47 feet in diameter, and 24 feet in height. The tank must be constructed at an elevation of 9,375 feet above-sea-level in order to provide a minimum pressure of 60 pounds per square 4 inch (psi) of water pressure to the highest elevation home sites in the Mountain Star PUD. A Basis of Design Report including 60% complete construction plans and specifications for the Mountain Star Tank is provided in Exhibit C. Exhibit C also provides design details on the infrastructure that will be installed to connect the tank to the UERWA water system, including: water transmission lines; electrical lines to provide power to the tank’s control system; and communications lines for the controls and remote monitoring by ERWSD staff. An emergency outfall pipe will also be constructed, as shown on Exhibit B. This outfall will only be used if the tank needs to be drained in an emergency and the water cannot be routed back into the UERWA treated water system. The pipe will outfall into a drainage ditch along the tank access road, which connects to a roadside ditch along Paintbrush Road, and eventually drains into the Buck Creek drainage. Grouted riprap at the outlet and temporary erosion control fabric installed in the ditch, along with other best management practices (BMPs), will be utilized to prevent erosion in the rare event that the tank would need to be drained. The existing and proposed ditches have adequate capacity to convey the anticipated flow from draining the tank. Three alternatives were considered for the Project. One alternative involved the construction of a new welded steel storage tank. A second alternative involved the relocation of a decommissioned 330,000 gallon steel tank that was previously serving the Edwards area. Finally, a new concrete tank was considered. Relocation of the 330,000 gallon tank from Edwards was ruled out because the tank structure would require significant structural modifications to withstand anticipated snow loads at the Mountain Star Tank site and the estimated cost to relocate and modify the tank would have exceeded the cost to construct a new steel tank. A new concrete tank was ultimately selected over a new steel tank because of the longer lifespan of concrete tanks and lower long term operation and maintenance costs. Well maintained steel tanks generally have an anticipated lifespan of 50 years, while a well maintained concrete tank can achieve a lifespan of 100 years or more. Maintenance of either concrete or steel water storage tanks involves periodic cleaning, which can be done without draining the tank or taking the tank offline. Interior and exterior coatings of steel tanks must be removed and reapplied every 10 to 15 years to protect the steel from corrosion. The process of removing and reapplying the coating is expensive and requires that the tank be drained and taken off line for an extended period of time. Concrete water storage tanks do not require coatings. Concrete tanks therefore have lower long term operation and maintenance lifecycle costs and require less down-time to maintain than steel tanks. Alternatives considered for the capacity of the proposed Mountain Star tank have ranged from 235,000 to 500,000 gallons. A larger 500,000 gallon tank was initially considered in order to meet excessive irrigation demands in the Mountain Star PUD. The capacity of the proposed tank has been set at 270,000 gallons, as recommended by SGM, Inc., the Authority’s water system modeling engineer, to meet a capped demand rate of 100,000 5 gallons per single-family equivalent per year in the Mountain Star PUD. A memorandum prepared for Mountain Star water system improvements prepared by SGM, Inc. is provided as Exhibit D. 2) Schedules for designing, permitting, constructing and operating the project, including the estimated life of the project. Design and permitting are proceeding concurrently. The design and permitting process is expected to be completed by April 15, 2016. Construction of the tank will occur between April 15, 2016 and November 15, 2016. Operation of the tank would then begin late in 2016. A schedule for design, permitting and construction is provided in Exhibit E. The Tank will be designed to have at least a 100-year service life. 3) A list of all other federal, state and local permits and approvals that will be required for the proposed project, together with any proposal for coordinating these approvals with the Town review process. The following federal, state, and local approvals are required by the proposed project and will be obtained prior to construction: • Town of Avon Building Permit • Town of Avon Grading Permit (Optional, but may be required to start construction ahead of a building permit) • Colorado Department of Public Health and Environment (CDPHE) Construction Stormwater Discharge Permit • CPDHE Facility Design Review for Drinking Water Project 4) Copies of all official federal and state consultation correspondence prepared for the project, a list of all mitigation required by federal, state and local authorities and copies of any draft or final environmental assessments or impact statements required for the proposed project. The parcel of land that the Mountain Star Tank will be situated on was acquired by the Authority from the United States Forest Service (USFS) in the Eagle Valley Land Exchange (EVLX). An environmental assessment (EA) was prepared by the USFS for the EVLX. The final EA is provided in Exhibit F. The EVLX was ultimately approved by the USFS based upon a finding of no significant impact. The EVLX EA recommends the following conservation measures to avoid, minimize or mitigate adverse effects. 1. Develop conservation easements that promote ecological characteristics for the conservation of greater sage-grouse and their habitats as described in the 2002 Forest Plan Forest-wide Standards and Guidelines. 6 2. Encourage third-party entities of Parcels #1 West Avon, #2 FS Village, #3 Highway, #4 Cordillera, #6 CVC Water Tank to: a. Become signers to the Greater Sage-Grouse Conservation Plan for Northern Eagle County and Southern Routt County b. Become active participants in the Northern Eagle County and Southern Routt County Greater Sage-Grouse Working Group c. Follow the greater sage-grouse habitat conservation practices described in that document And the following mitigating actions are recommended to minimize impacts to mule deer during winter. 1. Develop conservation easements that provide adequate amounts of quality forage, cover and solitude for deer and elk to effectively use winter range habitat in average winters 2. Restrict disturbance to mule deer on winter range from December 1st to April 14th. It should be noted that the recommendations contained within the EVLX EA were based upon an evaluation of the EVLX in its entirety in which 4 privately owned parcels totaling 1,468.13 acres were exchanged for 10 federally owned parcels totaling 983.79 acres. The exchange parcels covered a wide geographical area and contained a variety of habitats or potential habitats for threatened, endangered, and sensitive species. Therefore, the mitigation measures recommended within the EVLX EA were not all applicable to the Mountain Star Tank parcel. In 2008, potential site specific impacts to wildlife and terrestrial species were evaluated by the USFS in a Biological Assessment (for Federally-listed Threatened and Endangered Species) and a Biological Evaluation (for USFS Sensitive Species, Management Indicator Species, and other species of concern). These evaluations were prepared by the USFS during a time when the Authority was preparing to apply for a Special Use Permit to construct both the Mountain Star and CVC Tanks on USFS land. The Authority was subsequently asked to participate in the EVLX, and ultimately decided to delay permitting and construction of the Mountain Star Tank until the EVLX was completed. The site specific Biological Assessment and Biological Evaluation are provided in Exhibit G. Development of the Mountain Star Tank Parcel was found to have no impact on any USFS Sensitive Species, Management Indicator Species, or other species of concern and no effect on Threatened or Endangered species. No site specific mitigation measures were recommended by the USFS. The proposed Mountain Star Tank is located within the USFS White River National Forest Plan Management Area 5.41 for deer and elk winter range. Potential impacts to 7 winter range of elk and deer will be mitigated by the fact that construction will take place between April 15th and November 15th, and that the access roads will be a low use, single purpose, gated road after construction. Construction start and finish dates designed to mitigate impacts to deer and elk winter range will be enforced in the construction contract with Aslan Construction and are reflected in the project schedule provided in Exhibit E. The USFS did not request additional mitigation for potential winter range impacts. 5) A description of all hazardous, toxic and explosive substances to be used, stored, transported, disturbed or produced in connection with the proposed project, including the type and amount of such substances, their location and the practices and procedures to be implemented to avoid accidental release and exposure. During construction of the proposed Mountain Star Tank, a variety of heavy equipment and vehicles will access the site. These vehicles will have standard capacities for fuel, motor oil, and hydraulic fluids; vehicle refueling will take place at a designated area on‐ site. Vehicles will be properly maintained to avoid accidental release or exposure. Any sealants that will be used on the tank must be NSF 61 certified, which is certified for use in contact with potable water. All applicable Occupational Safety and Health Administration (OSHA) health and safety standards will be followed by on‐site crews to prevent accidental release and exposure of chemicals from construction equipment and to provide for the safety of the workers. Access to the site during construction will be restricted by the use of signage and construction fencing for the safety of the public. Normal operation of the Mountain Star Tank will not require any hazardous materials. Routine maintenance and periodic inspections will be required, at which times an ERWSD fleet vehicle will drive to the site. 6) All contracts or agreements that the applicant or owner has entered into prior to the date of application for the 1041 Permit which relate directly or indirectly to the proposed project or a summary of agreements which the applicant or owner expects to enter into in order to complete the project, including intergovernmental agreements, if applicable. The Authority anticipates entering into the following contracts or agreements in order to complete the project: • A Three Party Funding Agreement involving the Town of Avon, the Mountain Star Homeowner’s Association, and the Authority regarding each entity’s financial contributions and obligations for the construction of the tank, and ongoing obligations after construction of the tank. • A contract between the Authority and Aslan Construction for the construction of the tank using a standard Engineers Joint Contract Documents Committee 8 Contract for a Cost-Plus Construction Contract with a Guaranteed Maximum Price. • Contracts with Geotechnical, Structural and Civil engineering consultants for construction engineering services. 7) The need for the proposed project in the Town, particularly in relation to existing and/or permitted facilities, which perform a function similar or identical to that of the proposed project. The uppermost pressure zone in the Mountain Star PUD’s water system does not contain a physical water storage tank to meet the in-zone equalization storage, emergency storage, or fire flow storage requirements. During the approval process for the PUD, it was determined that the best location for a gravity water storage tank to serve the uppermost portion of the development was on United States Forest Service (USFS) land immediately to the north of the PUD, at sufficient elevation to provide adequate water pressure to the highest elevation lots in the zone. The Developer was unable to secure a Special Use Permit from the USFS to construct the gravity storage tank at that time. A hydro-pneumatic tank was constructed in-lieu of a gravity storage tank until such time that a gravity storage tank could be permitted and constructed and a 750 gallon per minute (gpm) fire pump was installed in the booster pump station serving the uppermost pressure zone to provide fire flows. The Authority has successfully acquired the land needed for the Mountain Star Tank in the recently completed Eagle Valley Land Exchange, and as a result is proposing to replace the existing hydro- pneumatic tank with a gravity water storage tank. The existing hydro-pneumatic tank is a 5,000 gallon pressure vessel that can maintain water system pressure under light demand. Under high demand or when system pressure drops below set levels, booster pumps are activated to boost the water pressure in the zone and/or satisfy the demand. The existing system requires this mechanical pumping to maintain water pressure and flow during emergency operations such as fire events. This system is inefficient to operate, has frequent water pressure fluctuations, and does not contain adequate storage to buffer against high demands within the zone. The Authority has had to declare several water service emergencies within the PUD in recent years at times when water demands have exceeded the delivery and storage capacity of the water system. The mechanical pumps that pressurize the zone and provide fire flow also have the potential to fail, causing inadequate flow and pressure during normal operations or an emergency fire event. Finally, the existing 750 gpm fire pump does not meet the current International Fire Code’s recommended fire flow rate of 1,500 gpm. For these reasons, Insurance Service Office (ISO) Fire Service Ratings for the Mountain Star PUD are substandard, which results in higher home insurance premiums. The proposed gravity storage tank will improve ISO Fire Service Ratings within the PUD, satisfy water storage requirements, improve water availability, fire flow, and operations within the subdivision, and will 9 eliminate the need for the Authority to declare water service emergencies under normal operating conditions. 8) A description of the technical and financial feasibility of the proposed project, including: i) The estimated construction costs and period of construction for each component of the project and the total mitigation costs for the proposed project and alternatives. • Design costs for the Mountain Star Tank are currently estimated to be approximately $152,520 • Aslan Construction is currently estimating a guaranteed maximum price of $1.58m for construction of the project. • Construction Engineering costs are estimated to be approximately $90,000 • No additional mitigation costs are anticipated. ii) Revenues and operating expenses for the proposed project and alternatives. Revenues for the Project will be contributed from a number of sources. The Town of Avon has historically collected tap fees totaling $875,707 from the construction of new homes in Mountain Star which the Town has agreed to contribute to the design and construction of the tank with the consent of the Mountain Star HOA. Future tap fees are estimated to total $78,500. The Authority has agreed to contribute an additional $135,000 toward the construction of the tank, and Mountain Star, LLC is contributing $105,000. This leaves approximately $734,509 remaining to be funded by the Mountain Star PUD. A budget estimate is provided in Exhibit H. At the time that this application was prepared, the Mountain Star Homeowner’s Association was considering funding the remaining construction costs through a combination of existing capital reserves and debt that would be backed by an increase in HOA dues. The Authority’s continued operation and maintenance of the tank will be funded by water sales revenues. iii) The amount of and security for any proposed debt and the method and estimated cost of debt service. The amount of debt to be issued by the Mountain Star HOA, the payback period, and interest rates had not been determined at the time this application was prepared. iv) Details of any contract or agreement for services in connection with the proposed project. There are no contracts or agreements for services in connection with the Project. v) A description of the persons or entities who will pay for or use the project and/or service produced by the development and those who will benefit from any and all revenues generated by it. 10 The Mountain Star Tank will benefit the 88 single-family residential lots in the Mountain Star PUD by providing adequate water storage for current and future customers within the development. The Authority will be able to provide a higher level of service to the PUD as a result of the project. Firefighting operations in the area carried out by the Eagle River Fire Protection District will be improved by the increase in available fire storage volumes. The Authority’s continued operation and maintenance of the tank will be funded by water sales revenues. vi) Documentation of financial and technical capabilities of the applicant/owner, to demonstrate that the project will be completed in a reasonable length of time and will comply with all applicable Town requirements. The UERWA is a quasi‐municipal corporation and a political subdivision of the State, whose goal is to provide its customers with a safe and dependable supply of drinking water. The ERWSD manages and operates the domestic water treatment and distribution system of the UERWA through an Operations Agreement, and employs a highly‐qualified staff of approximately 100 employees. The UERWA operates under the direction of an elected board of directors that is separate from the ERWSD’s board of directors. The UERWA provides water through 115 miles of transmission lines to its six members: Avon, Arrowhead, Beaver Creek, Berry Creek, Eagle‐Vail, and Edwards. In addition, the UERWA services the Bachelor Gulch and Cordillera Metropolitan Districts. The primary source of water to the Eagle‐Vail, Avon, Arrowhead, Beaver Creek, and Bachelor Gulch systems is the 10 million gallons per day (MGD) surface water treatment plant located in Avon. The primary source of water for the other members is the 5 MGD Edwards Drinking Water Facility. During the summer months, three wells, completed in the Eagle River Alluvial Aquifer in the Edwards area, produce 500, 270, and 90 gallons per minute (0.720, 0.389, and 0.130 MGD, respectively) to supplement the system. The Ranch side of Cordillera has seven small wells totaling approximately 450 gallons per minute (0.648 MGD) to supplement that area, which operate for a few months out of the year. In addition, a connection to the Vail well water system through Dowd Junction supplies up to 2.3 MGD to the Eagle‐Vail and Avon areas. The ERWSD operates three wastewater treatment plants located in Vail, Avon, and Edwards. The wastewater treatment plant in Avon was built in 1966, with the most recent expansion of the plant completed in 1997, bringing the capacity of this treatment plant to 4.3 MGD. The Vail wastewater treatment plant was originally constructed in 1969, and was expanded in 1982 and modified in 2000; the capacity of the Vail plant is 2.7 MGD. The wastewater treatment plant in Edwards was constructed in 1981, with expansions completed in 1986 and 2001, providing a capacity for treatment of 2.95 MGD. The average daily flow through the entire 11 ERWSD wastewater system is 5.5 MGD, with the maximum peak week flow of 7.7 MGD and a minimum flow of 3.7 MGD. The Applicant currently operates 48 water tanks in the ERWSD and UERWA service areas, ranging in capacity from 20,000 to 2.5 million gallons. Appropriate permits have been obtained for all of these water tanks, and there have been no significant incidents or malfunctions in the operations of any of the water tanks to‐date. The Applicant will be responsible for supervising the work of AEI, SGM, Aslan Construction, and other subcontractors. Jason Cowles, the Project Manager, is the ERWSD’s Capital Improvement Program Planner. He has over eighteen years of experience as a civil engineer, and holds licenses as a Colorado professional engineer, as well as certified water professional licenses in water distribution, wastewater collection, and wastewater treatment. Mr. Cowles has participated in the design, permitting and construction of various heavy civil infrastructure projects throughout Colorado, and was involved in the design, permitting and construction of the ERWSD’s 2.5 million gallon Cordillera Valley Club Regional Water Storage Tank. The UERWA prepares a long‐range financial plan as part of the budget process each year. The current plan is to issue $11.7 million in revenue bonds in late 2017 to fund its planned capital projects. The Authority’s water rates in place are adequate to cover the operations for these future projects and its existing infrastructure. C) A report completed by a qualified environmental engineer summarizing the environmental impacts of the project on air quality, threatened or endangered species, visual quality, noise and vibrations and odors, within the area to be impacted by the project. The report required by this Section shall include reference to all sources of data used in compiling the report. Air Quality The airshed affected by the project has prevailing winds out of the northwest. However, significant variability can exist due to seasonal changes and regional mountain weather patterns. The Environmental Protection Agency (EPA) and the Air Pollution Control Division of the CDPHE have established air quality standards to protect public health and the environment. The National Ambient Air Quality Standards (NAAQS) adopted by EPA and the Colorado Air Quality Control Division are presented in Table 1. Table 1: NAAQS for the Six Principal Criteria Pollutants (EPA 2015) Pollutant Primary/ Secondary Averaging Time Level Form Carbon Monoxide (CO) Primary 8 hours 9 ppm Not to be exceeded more than once per year 1 hour 35 ppm 12 Lead (Pb) Primary & Secondary Rolling 3 month period 0.15 μg/m3 (1) Not to be exceeded Nitrogen Dioxide (NO2) Primary 1 hour 100 ppb 98th percentile of 1- hour daily maximum concentrations avg. over 3 years Primary & Secondary 1 year 53 ppb (2) Annual Mean Ozone (O3) Primary & Secondary 8 hours 0.070 ppm (3) Annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years Particle Pollution (PM) PM 2.5 Primary 1 year 12.0 μg/m3 annual mean, averaged over 3 years Secondary 1 year 15.0 μg/m3 annual mean, averaged over 3 years Primary & Secondary 24 hours 35 μg/m3 98th percentile, averaged over 3 years PM10 Primary & Secondary 24 hours 150 μg/m3 Not to be exceeded more than once per year on average over 3 years Sulfur Dioxide (SO2) Primary 1 hour 75 ppb (4) 99th percentile of 1-hour daily maximum concentrations, averaged over 3 years Secondary 3 hours 0.5 ppm Not to be exceeded more than once per year (1) In areas designated nonattainment for the Pb standards prior to the promulgation of the current (2008) standards, and for which implementation plans to attain or maintain the current (2008) standards have not been submitted and approved, the previous standards (1.5 µg/m3 as a calendar quarter average) also remain in effect. (2) The level of the annual NO2 standard is 0.053 ppm. It is shown here in terms of ppb for the purposes of clearer comparison to the 1-hour standard level. (3) Final rule signed October 1, 2015, and effective December 28, 2015. The previous (2008) O3 standards additionally remain in effect in some areas. Revocation of the previous (2008) O3 standards and transitioning to the current (2015) standards will be addressed in the implementation rule for the current standards. (4) The previous SO2 standards (0.14 ppm 24-hour and 0.03 ppm annual) will additionally remain in effect in certain areas: (1) any area for which it is not yet 1 year since the effective date of designation under the current (2010) standards, and (2)any area for which implementation plans providing for attainment of the current (2010) standard have not been submitted and approved and which is designated nonattainment under the previous SO2 standards or is not meeting the requirements of a SIP call under the previous SO2 standards (40 CFR 50.4(3)), A SIP call is an EPA action requiring a state to resubmit all or part of its State Implementation Plan to demonstrate attainment of the require NAAQS. 13 Areas which violate the NAAQS for one or more of the six criteria pollutants are classified by EPA as non‐attainment areas. According to the most recent Criteria Pollutant Nonattainment Summary Report, Eagle County is not included in any nonattainment areas (EPA 2015). Thus, relative to National and State standards, ambient air quality at the Mountain Star Tank Site should be considered to be high. In addition, the Colorado Air Quality Control Commission’s Annual Report to the Public indicates that regional air quality in the Central Mountains, including Eagle County, is in compliance with all federal ambient air quality standards (CDPHE 2014-2015). Air pollutants of concern during construction of the Mountain Star Tank would be carbon monoxide and fine particulate matter (PM2.5) from fuel combustion in motor vehicles, and respirable particulate matter (PM10) or fugitive dust from construction activities and wind erosion from disturbed areas. Atmospheric impacts would be minimized, in part, through the implementation of erosion control methods. Sprayed water would be applied to unpaved transportation areas during construction to suppress dust. Operation of the Mountain Star Tank will have no impact on air quality, as the tank will produce no emissions. Threatened or Endangered Species Please refer to Section I, B (4) of this report for a discussion on impacts to threatened or endangered species. Visual Quality The Mountain Star Tank will be located in an aspen forest approximately 1,400 feet to the north of Paintbrush Road, and will be approximately 175 feet in elevation higher than Paintbrush Road. The tank parcel is moderately sloped from north to south, with existing grades of up to 1’ vertical in 5’ horizontal. The initial grades going uphill toward the tank from Paintbrush Road are relatively steep. Approximately 800 feet uphill there is a grade break where the slope flattens slightly over the next 600 feet. This grade break and the distance between the Tank and Paintbrush Road will obscure the tank from view below. An intermediate ridge immediately to the west of the tank will further obscure the tank from view. In discussions with the Mountain Star Design Review Board, it was agreed that it would be appropriate for the tank exterior to be left as bare concrete, as the concrete would better blend in with the surrounding aspen forest than a painted tank. Figure 2 shows a perspective view of the tank site generated in Google Earth. 14 Figure 2: Google Earth Perspective of Tank Site Noise, Vibrations and Odors Temporary nuisance factors during the construction of the tank will affect residents of the Mountain Star PUD in the area immediately adjacent to the project site; however BMPs will be utilized to limit these impacts. In addition, access to the Site is very limited due to the nature of the gated community and the low density development in the Mountain Star PUD. Noise will be produced by construction and delivery equipment only during working hours, which will be limited to 7:00 am through 6:00 pm Monday through Saturday in accordance with Mountain Star Construction Regulations. Fumes and corresponding odor from construction equipment will be minor and will be mitigated by the fact that the tank site is located at least 1,000’ away from the nearest residence. Construction equipment may cause some appreciable vibrations in the area immediately surrounding the tank; however, access to the construction area will be restricted by fencing. During its operation (post‐construction), the tank will essentially be an inanimate object that will produce no noise, vibration, or odors. 15 D) A report completed by a qualified traffic engineer summarizing the impact of the proposed project on the Town's existing and planned transportation network, including at minimum the following: 1) A map and description of the transportation network to be affected by the proposed project, including current and projected road locations, conditions and capacities and maintenance provisions and costs. 2) A map and description of current commuting patterns, traffic volumes and types of vehicle use. 3) Descriptions of the impact and net effect of the proposed project on the transportation network, including the cost of any necessary improvements required in order for the project to proceed or necessitated after expected completion of the project. The Mountain Star Tank Project will only require periodic visits for inspection and maintenance by ERWSD staff, therefore the project will have no impact on the Town’s transportation network. E) A description of the existing levels, demand for, adequacy and the operational and maintenance costs of public services and facilities affected by the project, including services and facilities of the Town and other affected local governments, including but not limited to Eagle County, school districts and special districts. The Mountain Star Tank Project will not place any demands on or affect any existing public services or facilities of the Town or other local governments. F) A report summarizing the socio-economic impacts of the proposed project. This requirement is not applicable to this project upon consultation with Town of Avon staff. G) A report summarizing the anticipated impact of the project on existing land uses within the Town and other existing property rights, including but not limited to: 1) A description of all property rights, including water rights, surface rights, mineral rights, rights-of-way and easements, which must be obtained or will be affected, in order to construct and operate the projects; the identity of the owners of these rights; and the anticipated methods of acquiring these rights. The tank site is currently located on unplatted land in Eagle County. A Federal Patent for the land was issued to the Authority as a result of the EVLX. The tank site will be annexed into the Town of Avon and zoned using the Public Facilities zoning designation. The site will be accessed via an existing access road that extends from the Paintbrush Road right-of-way through Mountain Star Tract M, both of which are owned by the Mountain Star Homeowner’s Association. An existing access and utility easement exists on Tract M. 16 The water supply of the Authority includes 2,109.204 acre feet of historic consumptive use credits that the Authority owns or perpetually leases from its member entities, 835.5 acre feet of in-basin storage in Eagle Park and Homestake Reservoirs, and contracts for 1,258 acre feet of out-of-basin storage in Wolford Mountain and Green Mountain Reservoirs. The Authority has decreed augmentation plans to utilize its storage rights to replace any out of priority diversions so as not to injure owners of senior downstream water rights. Water will be supplied to the project primarily via decreed diversion points on the Eagle River at the Authority’s Avon Drinking Water Facility (ADWF) raw water intake and at the Metcalf Ditch Headgate. The Mountain Star Tank project is designed to provide to provide adequate potable water storage to serve the build-out of the existing Mountain Star development, and does not contain excess capacity to serve new development. No additional water rights are necessary to supply the project. A mineral report prepared for the EVLX is included as Exhibit I. The report indicates that the potential for locatable, leasable and salable mineral potential on the parcel is low. No recognized mining or geologic hazards are present on the site, and no mining claims or leases exist, or are pending, on the site. Therefore the Project will not affect mineral rights held by others. 2)An assessment of whether the proposed project is consistent with the Town's land use policies as set forth in the Comprehensive Plan and this Development Code. The project is consistent with the following goal and policy outlined in the Town of Avon’s 2006 Comprehensive Plan: Goal H.4 - Conserve environmental resources to ensure their most efficient use •Policy H.4.4: Conserve water through public education, supply management, and demand management techniques, requiring residential, commercial, and municipal landscaping to be compliant with water conservation design guidelines. The UERWA has adopted a Water Conservation Master Plan (Exhibit J) that has been approved by the Colorado Water Conservation Board, and is designed to encourage efficient utilization of water. In existing developments, the District and Authority are studying the implementation of water budgets as a water demand management technique. The District is currently in the process of filling a new position for a water demand management coordinator who will be responsible for: updating the Authority’s Water Conservation Master Plan; developing a public outreach program to educate customers about water conservation; overseeing a water demand management pilot study; and using the information gathered in the pilot study to develop a water budgeting program that would eventually be rolled out to all customers of the Authority and District. The stated purpose of this program is to 17 encourage customers to use water more efficiently over time, in order use the existing water supply to serve an expanding population, while protecting water rights and the natural water resource. Recently, the District and Authority updated their policies for cash-in-lieu dedication of water rights for increased service caused by the redevelopment of property currently served by the Authority or new development not currently within the Authority’s service area. This policy allows for a reduction in the cash-in-lieu dedication amounts if a developer can provide evidence that landscape design and water use in the development will demonstrate a conservative water use that is less than the Authority’s projected new or increased water use that is used to calculate the cash-in-lieu fee. This provides incentive for developers to install water conserving landscapes in order to reduce their upfront fees. The projected water use amount is enforced as a condition of the water service agreement between the Authority and the developer. In negotiations with the Mountain Star HOA and Town of Avon, the Authority is pursuing a 100,000 gallon per SFE per year water use limit in order to address historically excessive water use in the Mountain Star PUD. This demand cap is expected to be the basis of a future water budget for customers within the Mountain Star PUD. The cap is based on calculated evapotranspiration rates for Eagle County, and is designed to provide sufficient water for indoor use and moderate irrigation use on the 12,000 square feet of irrigable area per lot allowed within the Mountain Star PUD. The Authority and HOA are presently working with homeowners to bring their demands within this limit through the use of incentives, new technology, education, tiered pricing, and enforcement of existing covenants. In order to provide customers with tools to assist them in more efficiently managing their water use, the Authority has also begun pilot testing smart water meters and an advanced metering network in Mountain Star that will enable customers to view their water usage in real time. This topic is discussed in more detail in Section III, H of this application. 3)A map and description of existing land uses within the area to be affected by and adjacent to the proposed project. A page extracted from the Town of Avon Zoning Districts and Address Maps showing the location of the project relative to existing land uses is included as Exhibit K. The proposed project is bordered by the White River National Forest to the west, north and east, and by Lot 36 and Tract M of the Mountain Star PUD to the south. The Mountain Star PUD contains 88 single-family residential lots and 17 tracts of land designated as open space. The Mountain Star Final Plat lists open space, utilities, access, drainage, public and private road rights-of-way, and maintenance and offices as allowable uses on the open space tracts. The Mountain Star Final Plat is included as Exhibit L. 18 4)A description of the impacts and net effect of the proposed project on property rights, including water rights, surface rights, mineral rights, rights-of-way and easements. The Project will provide increased domestic water storage for the Mountain Star PUD, as well as additional fire water supply at a high elevation. The project will result in a positive net effect on the properties within the development as a result of this increase in water storage. The Authority accesses the existing hydro-pneumatic tank for periodic inspections and maintenance via existing rights-of-way on Paintbrush Road and utility easements on Mountain Star Tract M. Access for inspection and maintenance of the proposed tank will utilize the existing access, therefore there will be no net impact to existing rights-of-way or easements as a result of the project. The Authority will supply water for the project utilizing its existing decreed historic consumptive use credits and storage. All out of priority diversions will be augmented to prevent injury to downstream senior water rights using the Authority’s decreed in-basin and out-of-basin reservoir storage. No new diversions are necessary to supply the project. Therefore the project will not impact water rights held by others. The potential for locatable, leasable and salable mineral potential on the parcel is low. No recognized mining or geologic hazards are present on the site, and no mining claims or leases exist, or are pending, on the site. Therefore the Project will not impair mineral rights held by others, and will have no net effect on mineral rights. 5)Descriptions of the impacts and net effect of the proposed project on existing and proposed land uses. The Mountain Star Tank is sized to provide adequate storage for the build-out of the land uses that have been approved within the Mountain Star PUD, and does not contain excess capacity to provide water storage potential future development beyond the limits of the PUD. The Mountain Star Tank project will have a positive net effect on the Authority’s ability to provide a high level of service to the existing land uses in the Mountain Star PUD as a result of the emergency storage, equalization storage, and fire flow storage provided by the project. H)A report summarizing all mitigation that is proposed to avoid, minimize, rectify, compensate for or eliminate adverse impacts and to maximize positive impacts resulting from the proposed project for each impact category to be affected by the proposed project, including but not limited to: 1)A description of the impacts and net effects resulting from the proposed project, which are irreversible and irretrievable. 19 The Mountain Star Tank parcel was acquired from the USFS in the EVLX. This permanently removed the parcel from USFS land management and control, and allowed for local land use authorities to plan and manage the development of the parcel. The USFS cited the land exchange’s consistency with the following policies for conveyance of federal lands: • Lands in developed areas that have lost or are losing their national forest character • Lands within or immediately adjacent to, expanding communities to assist public and private projects that have the mutual concurrence of federal, state and local governments • Lands that will contribute to community growth, development and economic prosperity • Land conveyance to states, counties, cities, or other Federal agencies when it serves a greater public interest The USFS determined that conveyance of the Mountain Star tank parcel to the Authority would allow for water storage tanks that are vital to the water distribution system, and that this tank would no longer have uncertainties associated with being located on leased federal land. Local ownership of this parcel would secure an increase in water storage capacity which is essential to meet current and future growth in the community. In the context of the EVLX, the positive net effect of the USFS’s acquisition and management of higher quality inholdings of private land that were surrounded by national forest outweighed the loss of federal parcels, such as the Mountain Star Tank site, that were adjacent to existing development and supported the public’s interests. 2) A description of the methodology, including mathematical equations, to be used to project and measure the effectiveness of mitigation measures proposed over both the short and long term. Mitigation measures requiring the development of methodology or equations to measure effectiveness are not required for this project. 3) A description and location of any monitoring devices to be used to measure impacts of the project and effectiveness of mitigation measures. Monitoring devices used to measure the impacts of the project and effectiveness of mitigation measures are not required for this project. 4) A description of how and when the proposed mitigation measures will be implemented and financed. 20 Impacts to deer and elk winter range will be mitigated by limiting the construction contract from April 15th through November 15th. No financing is required to implement this mitigation. (Ord. 10-14 §3) III. APPLICATION SUBMITTAL REQUIREMENTS FOR SPECIAL WATER OR WASTEWATER PROJECT (Section 7.40.640) In addition to the application materials required by Article III of these Regulations, an application for a 1041 Permit for site selection of a SWWP shall contain the items listed below, in order to be considered complete by the Director. A) The need for the proposed construction, expansion or modification of the SWWP; Please refer to Section II, (7). B) The planned level of service in relationship to projected user demand, both regionally and within the Town; The Project is designed to provide adequate water storage to meet projected build-out water demands within the Mountain Star PUD. The Project has been designed in accordance with water industry best practices to insure that adequate equalization, fire and emergency water storage capacity is available to serve the Mountain Star PUD. C) The approximate number of residential, commercial or industrial users of the proposed SWWP in terms of existing Town residents and non-Town residents; The Mountain Star Water Storage Tank project will provide adequate equalization, fire and emergency water storage volumes to serve the 44 single-family residential lots in the upper pressure zone of the Mountain Star PUD. Additionally, the fire storage volume in the tank will be available to provide fire flows to the remaining 44 single-family residential lots in lower pressure zones by way of dump valves that allow water to move to lower elevation pressure zones during fire events. D) Locations of and engineering drawings for wells, diversion structures, reservoirs, storage structures or other structures or facilities required for the SWWP; A 60% Basis of Design Report which includes complete construction plans and specifications for the Mountain Star Water Storage Tank provided in Exhibit C. E) A description of the proposed capacity of the SWWP, treatment methods and technologies, proposed budget and service area of the SWWP; 21 The proposed capacity of the Mountain Star Storage Tank project is 270,000 gallons. SGM, Inc. has prepared a conceptual design report for Mountain Star water system upgrades that analyzes the capacity of the tank. This report is provided in Exhibit D. Treatment of water stored in the tank will primarily be provided from the ADWF, which is a surface water treatment facility that utilizes conventional filtration treatment technology. The ADWF treatment processes include pretreatment, ozone treatment, coagulation, flocculation, sedimentation, filtration, and chlorine disinfection. During high runoff, when Eagle River water quality is poor, the Authority’s water supply is supplemented by groundwater wells in ERWSD’s Vail water system. The Vail Wells are treated with chlorine disinfection. F) A map of the service area of the SWWP; A map of the service area of the Mountain Star Water Storage Tank Project is provided in Exhibit M. G) A list of end users and types of land use development to be served by the proposed SWWP; The Mountain Star Tank Project will serve the existing Mountain Star PUD. The Mountain Star PUD contains 88 single-family residential lots and 17 tracts of land that allow for land uses such as open space, utilities, access, drainage, public and private road rights-of-way, and commercial uses to support the subdivision. H) A description of proposed methods of ensuring efficient use of water resources, metering of all uses, examination of rate structures to discourage waste and recycling of water for reuse where permissible under Colorado water law; The Authority implements a variety of conservation measures in its overall system operations to insure efficient use of its water resources; these activities are outlined in the Water Conservation Master Plan included as Exhibit J, which has been approved by the Colorado Water Conservation Board. Over time, the Authority and District are preparing to implement a full scale Advanced Metering Technology (AMT) network by replacing water meters with “smart” water meters and installing new meter networking infrastructure that will eventually enable all customers to monitor their water usage in real time via an internet portal. The implementation of the AMT network is anticipated to take approximately 5 years to complete. In the summer of 2015, the Authority began a collaborative effort with the Mountain Star HOA to pilot study AMT for use in the development of a water demand management program. The pilot study was started in an effort to gather information that will eventually be used to develop tools and programs that will enable customers to efficiently manage their water use. Ten homeowners in Mountain Star volunteered to participate in the pilot study, which utilized a small scale AMT pilot network and smart water meters that enabled the 22 Authority to report daily usage rates to individual customers. The Authority worked with the participating customers and their landscape maintenance providers to assist them in efficiently managing their irrigation usage with this information. The customers participating in the pilot study were able to reduce their individual irrigation demands during the peak irrigation season of June through September by an average of 20,000 gallons per month. In order to further water conservation goals, the Authority and District plan to expand the pilot study in 2016 to include customers across the service areas of both organizations. Finally, the Authority has implemented a tiered rate structure which includes progressively increased rates in upper tiers to discourage excessive use and waste of water. The rates in the uppermost tiers were increased in 2015 to further discourage excessive water use. A copy of the current rate structure is included as Exhibit N. I) A study or report evidencing that the proposed SWWP will supply water of a quality which meets current standards of the Colorado Department of Public Health and Environment; Upon completion, the Mountain Star Tank will be included within the Authority’s water distribution system. The Authority operates its public water system in accordance with all water quality standards established by the CDPHE. A copy of the Authority’s most recent Consumer Confidence Report issued in 2014 is included as Exhibit O. No water quality violations were reported for the year. J) Any documents describing the engineering, architecture or design of any impoundment structures associated with the SWWP, whether surface or subsurface, and any appurtenant facilities, including any submittals by the applicant to the office of the State Engineer; No impoundment structures will be constructed in association with the project. K) If applicable, the applicant will attach a copy of the completed or proposed site application form required by the Colorado Water Quality Control Commission; A site application is not required for the Mountain Star Storage Tank project; therefore this application requirement is not applicable. L) Any health and safety hazards, including exposure to hazardous materials, which may result from the siting of the proposed construction, expansion or modification of the SWWP; Please refer to Section I, B (5) of the application. M) How the proposed construction, expansion or modification of the SWWP and its impacts will conform to the Comprehensive Plan goals, objectives and policies; Please refer to Section II, G (2) of the application. 23 N) How the proposed construction, expansion or modification of the SWWP and its impacts will conform to any applicable regional and state plans, goals, objectives and policies; This requirement is not applicable to this project upon consultation with Town of Avon staff. O) The increased demand that the SWWP will place on the following public services, both regionally and within the Town: employment, schools, commercial services, health services, police and fire protection, solid waste disposal, storm water collection and release systems, power, communications, other public and quasi-public utilities and other planned public services; The Mountain Star Tank Project will not place any demands on local government services. The tank will, however, provide increased domestic water storage for the Mountain Star PUD, as well as additional fire water supply at a high elevation. There will be a positive net effect on the capability of local governments to provide services due to the Mountain Star tank because of the increased water storage capacity and firefighting water supply. P) The costs and benefits to the region and to the Town resulting from the land use commitment necessitated or facilitated by the proposed construction, expansion or modification of the SWWP compared to alternative projected land uses in terms of land suitability, community services, utilities and revenues; The benefits of the proposed project include: • The proposed tank will replace the temporary hydro-pneumatic tank with a conventional gravity storage thank that will provide adequate physical water storage volumes to meet the equalization, fire, and emergency water demands for the build-out of the Mountain Star PUD. • This storage will greatly improve water system operation, reliability and availability within the Mountain Star PUD. • The provision of fire storage volumes in accordance with International Fire Code recommendations will insure that adequate water is available for firefighting purposes. The fire storage will improve ISO fire service ratings for properties in the Mountain Star PUD. Q) Local and regional impacts of the proposed construction, expansion or modification of the SWWP on water quality and water resources, including effects on floodplains and wetland values and functions; The proposed project will not degrade surface water quality, and will not impact water resources as no new diversions are required to operate the tank. In the highly unlikely event that the tank must be drained for an emergency, drainage controls will be installed to minimize erosion and sedimentation to tributaries of the Eagle River. During construction of the Project, there will be a temporary risk of increases in sedimentation occurring due to 24 runoff from disturbed areas. This risk will be effectively minimized through the use of BMPs designed to dissipate erosive forces in drainage channels, control erosion from disturbed areas, and prevent sedimentation from entering waterways. All areas disturbed by construction will be reclaimed and revegetated so that potential sources of sedimentation from the site can be returned to pre-Project conditions. The Project will not impact floodplains or wetlands because there are no such environments on the site or in the vicinity. R) Impacts of the proposed construction, expansion or modification of the SWWP on sensitive, endangered or threatened species and scenic, parks, recreational or other natural resources The results of a site specific USFS Biological Evaluation and Biological Assessment indicated that the Project would not significantly impact any endangered or threatened species. The only mitigation requirement of the USFS, which will be adhered to by the Authority, is that construction should be limited to late spring, summer and fall to avoid impacting winter range for deer and elk. Please refer to Section II, B (4) of this application for more information. The site is not located in an area designated as a scenic park, recreational or other natural resource; therefore, there will be no impact to such resources. S) Impacts of the proposed construction, expansion or modification of the SWWP on the character of adjacent or nearby neighborhoods or development; and The neighboring subdivision, Mountain Star, was developed with special care to integrate with the natural surroundings to create a subtle presence on the landscape. The proposed Mountain Star Tank is designed to provide adequate water storage for the development as well as to be compatible with existing land uses in the vicinity. The water storage tank is consistent with the character of the adjacent development by being carefully sited away from existing structures and blended into the hillside as much as possible. T) Evidence that the applicant has provided written notice via certified mail to all property owners within or adjacent to the impact area that the applicant or other entity involved in the construction, modification or expansion of the SWWP anticipates may have a real property interest acquired by the applicant or other such entity through arms' length negotiation or through the exercise of the power of eminent domain. The applicant does not intend to acquire any property interests through arms’ length negotiation or exercise of the power of eminent domain as a result of the project. 25 EXHIBITS A – O MOUNTAIN STAR TANK 1041 PERMIT CAN BE FOUND HERE: http://www.avon.org/Docume ntCenter/View/14505 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: April 12, 2016 Agenda Topic: Resolution 16-08 Establishing Locations and Number of Mobile Vendor Carts in Harry A. Nottingham Park ACTION BEFORE COUNCIL: Review and consideration of Resolution 16-08 that would establish locations and number of mobile vendor carts in Harry A. Nottingham Park. RECOMMENDED MOTION: I move to approve Resolution 16-08, A Resolution Establishing the Locations and Number of Mobile Vendor Carts in Harry A. Nottingham Park. BACKGROUND: Avon Municipal Code Chapter 5.04, Section 5.04.080 (b) requires that the locations and maximum number of vendor permits be established by the Town Council by resolution. All other permitting and regulatory actions are delegated to the Town Manager. At its March 22, 2016, work session, Town Council reviewed a staff report about allowing one or more mobile vendor carts to operate at Harry A. Nottingham Park at designated locations. Subsequently, Council provided direction to staff to present a resolution establishing locations and maximum number of mobile vendor carts in Harry A. Nottingham Park. More specifically, consensus among the Council was to permit two (2) mobile vendor carts in order to allow market demand to evolve and also provide the Town the time to assess the success of mobile vendor carts in Harry A. Nottingham Park. From the meeting, two (2) vendor cart locations were identified as shown on Exhibit A, and are included in Resolution 16-08. ATTACHMENT: Resolution 16-08 Exhibit A Resolution No. 16-08 April 12, 2016 TOWN OF AVON, COLORADO RESOLUTION 16-08 ESTABLISHING THE LOCATIONS AND MAXIMUM NUMBER OF MOBILE VENDOR CARTS IN HARRY A. NOTTINGHAM PARK WHEREAS, the Avon Town Council has determined that allowing mobile vendor carts in Harry A. Nottingham Park is a viable strategy to bring activity and vibrancy and will provide for expanded small business opportunity; and WHEREAS, the Avon Town Council adopted Ordinance No. 15-02, Amending Avon Municipal Code, including Chapter 5.04 Business Licenses defining a Vendor and defining Vending Regulations; and WHEREAS, Section 5.04.080 (b) of Ordinance No. 15-02, requires that the Avon Town Council establish the location and maximum number of vendor permits by resolution; and WHEREAS, for the purposes of this Resolution the term mobile vendor cart shall mean a cart, which is capable of being moved into and out from an approved location on a daily basis. NOW, THEREFORE BE IT RESOLVED that the Avon Town Council approves the following locations and maximum number of vendors in Harry A. Nottingham Park, which shall take effect on April 13, 2016. EXHIBIT A: Harry A. Nottingham Park: Up to two (2) mobile vendor carts are allowed. The exact location may be generally modified within a reasonable distance from the mapped location, by the Town Manager, as may be determined to accommodate the operations of the cart and/or seasonal light and weather. The locations are as follows:  Location #1: North side of park, near pedestrian bridge at northwest corner of the lake.  Location #2: North side of park, on the east side of the fishing pier, near the water’s edge. ADOPTED April 12, 2016 AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk HARRY A. NOTTINGHAM PARK MOBILE VENDOR CARTS EXHIBIT A Location #1 – One cart Location #2 – One cart TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: April 12, 2016 Agenda Topic: First Reading of Ordinance 16-07, an Ordinance Allowing Food Trucks to Operate on Town Right-of-Ways ACTION BEFORE COUNCIL: Review and consideration of Ordinance 16-07 that would allow food trucks to operate on Town right- of-ways. RECOMMENDED MOTION: I move to approve Ordinance No. 16-07, an Ordinance Allowing Food Trucks to Operate on Town Right- of-Ways. BACKGROUND: At its March 22, 2016 work session, Town Council reviewed a staff report about allowing one or more food trucks to operate on Town property and right-of-ways. Subsequently, Council provided direction to staff to present an ordinance allowing food trucks to operate on Town right-of-ways in up to three locations near Harry A. Nottingham Park, but limit permits to one truck at a time. Council wished for the food truck permit(s) to be monitored as a test case through 2016. A change to the Avon Municipal Code is the first step to allowing food trucks on Town right-of-ways, and while Council direction is to limit the locations and number of permits, staff has prepared the ordinance to allow Council to grant additional locations and numbers in the future. If Ordinance 16-07 is approved by Town Council on first and second reading, Town staff will prepare a resolution to allow three locations near Harry A. Nottingham Park, with a limitation of only one truck being permitted and allowed to occupy one of the three locations at a time. At this time, staff recommends the three locations be: the on-street parking spaces located on the north side of West Beaver Creek Boulevard in front of the Post Office, the northwestern side of the Recreation Center Parking Lot and spaces on the west side of the Town Hall Parking lot. ATTACHMENT : Resolution 16-07 Ord 16-07 Allowing Food Trucks to Operate on Right-of-Ways FIRST READING – April 12, 2016 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE 16-07 AMENDING SECTION 5.04.020 OF THE AVON MUNICIPAL CODE, ALLOWING FOOD TRUCKS TO OPERATE ON RIGHT-OF-WAYS WHEREAS, Colorado municipalities are authorized to regulate the use of public streets, sidewalks and rights-of-way for public health, safety, welfare and convenience; and WHEREAS, mobile food vehicles or “food trucks”, are a national trend and provide the useful service of convenient and varied dining options in business areas and in areas that lack businesses providing nutritional dietary options; and WHEREAS, the Council of the Town of Avon finds it in the interest of the public health, safety, welfare and convenience to authorize the operation of mobile food vehicles within the Town of Avon, subject to regulations to protect the safe and convenient use of public rights-of- way; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section 5.04.020 Definitions. Avon Municipal Code Section 5.04.020 is hereby amended, with strike out indicating words which are deleted and underline indicating words which are added, to read as follows: Vendor means any person who sells or attempts to sell, or offers to the public, any services, goods, wares or merchandise including, but not limited to food or beverage, from any outdoor location from a mobile or stationary cart, or table, or vehicle regardless of whether a fee is charged for such goods or services. 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 Ord 16-07 Allowing Food Trucks to Operate on Right-of-Ways FIRST READING – April 12, 2016 Page 2 of 3 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 effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 16-07 Allowing Food Trucks to Operate on Right-of-Ways FIRST READING – April 12, 2016 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 12, 2016 and setting such public hearing for May 10, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on May 10, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 16-08 Sales Tax Exemption for Governmental Institutions DATE: March 30, 2016 Summary: Ordinance No. 16-08 is presented to Council to exempt governmental institutions from paying sales tax on construction materials. A simple amendment to Section 3.08.050(3) of the Avon Municipal Code will accomplish this change by deleting the reference to Section 3.08.050(1) and thereby deleting the regulation that governmental institutions are NOT exempt from paying sales tax on construction materials. Town Council reviewed the Avon Municipal Code and the imposition of sales tax on construction materials delivered into the Town of Avon earlier this year. Council was presented with a list of options for amending the Sales Tax Regulations, including Option 5 which read: 5. Enact  an  Exemption  for  Public  Facilities  and  Projects:    Council  may  amend  Chapter  3.08  to   exempt  the  imposition  of  sales  tax  on  construction  materials  used  for  public  facilities  and   projects.    Such  exemption  would  simply  repeal  Section  3.08.050(3)  so  that  the  Town’s  sales  tax   regulations  are  consistent  with  the  State’s  sales  tax  regulations.    Such  an  exemption  would  apply   to  both  sales  by  in-­‐Town  retailer-­‐vendors  and  sales  by  out-­‐of-­‐Town  retailer  vendors  that  deliver   to  Town.   From those discussions it appeared that a majority of Council favored exempting governmental institutions from paying sales tax on construction materials. Such an exemption would follow the State of Colorado’s exemption for governmental institutions. Financial Impact: The Town Council has already approved a waiver of the sales tax for the proposed regional fire station facility. The Upper Eagle Regional Water Authority has requested a waiver of the sales tax on construction materials for the Mountain Star water storage tank. There are no other proposed or pending governmental institution projects in the near future (possibly a expansion of the Eagle River Water and Sanitation District waste water treatment facility in Avon). Therefore, the projected financial impacts are very speculative. In very general terms, for every $1,000,000 of governmental institution construction projects in Avon, assuming ½ of the cost is construction materials, the Town would forego $20,000 in sales tax revenue. Effect of TABOR: The municipal code change would be permanent and could not be reversed or re- instated without a voter approval in Avon. Proposed Motion: “I move to approve Ordinance No. 16-08 Amending Chapter 3.08.050(3) of the Avon Municipal Code to Exempt Governmental Institutions from Sales Tax on Construction Materials on first reading and set a public hearing on May 10, 2016 for second reading.” M EMORANDUM & PLANNING, LLC Avon Town Council Ord. No 16-08 Exempt Governmental Institutions from Sales Tax March 30, 2016 Page 2 of 2 Section 3.08.050 – Exempt taxpayers is reprinted below with the language amendment proposed in Ordinance No 16-08 shown in REDLINE/STRIKE-OUT: 3.08.050 - Exempt taxpayers. Sales to the following classes of taxpayers shall be exempt from the tax imposed by this Chapter: (1) Sales to the United States government; to the State, its departments or institutions and to the political subdivisions thereof, in their governmental capacity only; in all sales to the Town; providing, however, that no commercial, industrial or other banking institution, organized or chartered by the United States government, any agency or department thereof, or by the State, shall be considered a governmental institution for the purpose of this exemption; (2) Sales by or to religious, charitable and eleemosynary institutions, in the conduct of their regular religious, charitable and eleemosynary functions and activities; (3) Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter sales of building material or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in Subsections (1) or (2) above. Thank you, Eric Attachment: Ordinance No. 16-08 Ord 16-08 Amending Section 3.08.050(3) FIRST READING April 12, 2016 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 16-08 AMENDING SECTION 3.08.050(3) OF THE AVON MUNICIPAL CODE TO EXEMPT GOVERNMENTAL INSTITUTIONS FROM SALES TAX ON CONSTRUCTION MATERIALS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), 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; WHEREAS, the Town Council finds that the exemption of governmental institutions from sales tax on construction materials will reduce the cost the constructing and updating governmental institutions in Avon and will follow the State of Colorado sales tax exemption on construction materials for governmental institutions; and, WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO 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. Section 3.08.050(3) Amended. Section 3.08.050(3) – Exempt taxpayers. of the Avon Municipal Code is hereby amended by repealing Section 3.08.050(3) in its entirety and re- enacting to read as follows: “Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter sales of building material or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in Subsection (2) above.” 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 Ord 16-08 Amending Section 3.08.050(3) FIRST READING April 12, 2016 Page 2 of 3 substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Non-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 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 “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 (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 16-08 Amending Section 3.08.050(3) FIRST READING April 12, 2016 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 12, 2016 and setting such public hearing for May 10, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on May 10, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: April 12, 2016 Agenda Topic: Public Hearing – Resolution 2016-12, Approving a Minor PUD Amendment Minervini PUD ACTION BEFORE COUNCIL Action on Resolution 2016-12, A Resolution approving a Minor PUD Amendment to the Minervini PUD. PROPOSED MOTION “I move to approve Resolution 2016-12, A Resolution approving File #PUD16002, an Application for a Minor PUD Amendment to the Minervini PUD.” SUMMARY The Applicant, Jeff Manley, representing the owner of the properties, John Minervini, submitted a Minor PUD Amendment to extend a condition of approval which required the construction of a new driveway by January 28, 2016. The delay in driveway construction was due to unforeseen medical reasons, and the applicant is now requesting a one (1) year extension to complete the driveway work not later than January 28, 2017. BACKGROUND In 2014 the Minervini PUD Amendment was approved, whereby the building type for two lots, Lot 15 and Lot 16, Block 4, Wildirdge Subdivision were modified. Previous to the PUD Amendment the properties were zoned for three (3) dwelling units in the form of a single- family structure and a duplex structure. The PUD Amendment provided for a resubdivision and the ability to develop the properties with three (3) single-family structures. One of the structures is already constructed and is occupied by the Minervini family. Town Council approved the original PUD Amendment on April 8, 2014 with the following conditions: (1) The Subdivision Plat shall include easements for utilities in the non-developable areas including the right to access and maintain such utilities; lot line easements are shall include Utility and Drainage easements, with the exception that the front lot line easement shall include a Slope Maintenance, Utility, Drainage, and Snow Storage Easement. COMPLETED AND RECORDED WITH EAGLE COUNTY (2) The maximum permitted roof ridge elevation for Lot 3 shall be 8,638’ above sea level. NOTED (3) The realigned driveway to access Lots 2 and 3 shall be constructed by January 28, 2016, based on the “Proposed Lots Conceptual Home Layout” plans, Page 2 of the Application submittal. NOT COMPLETED (4) The maximum building footprint shall be restricted to 3,000 square feet for proposed Lot 1, 4,000 sq. ft. for Lot 2, and restricted to 2,000 square feet for Lot 3. NOTED (5) The maximum livable square footage (not including garage space) shall be restricted to 4,000 square feet for proposed Lots 1 and 3. NOTED (6) The maximum building height shall be restricted to twenty-eight feet (28’) for Lots 1 and 3. NOTED This Minor PUD Amendment is presented on the single issue of extending the timeframe of the condition cited above. The previous PUD Amendment approval is technically void as of January 28, 2016; this application extends the date to construct the driveway for one more year and would re-activate the full approval if Council takes action to approve Resolution 2016-02. PROCESS Minor PUD Amendment Process This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. The application, as submitted, meets the criteria for a Minor Amendment. The PZC held a public hearing on March 14, 2016 meeting. PZC made a unanimous recommendation for approval, and their recommended findings and condition are incorporated within Resolution 2016-12 as attached. The April 12, 2016 public hearing with Council completes the required public hearing process. Public Notification In compliance with the Public Hearing and noticing requirements, a mailed notice was provided to all property owners within 300’ of the property. Additionally, a notice was published in the Vail Daily newspaper on March 3, 2016. PUD REVIEW CRITERIA Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Minervini Minor PUD Amendment – Resolution 2016-12 Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. (ii) The PUD rezoning will promote the public health, safety, and general welfare. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: This PUD Amendment is limited to extending the condition of approval and should not affect other properties negatively. A delay in constructing shared access has no effect on the other conditions related to building height, building massing or building locations as approved previously. ATTACHMENTS Letter of Request and Driveway Design Draft Resolution 2016-12 Resolution 2014-02 Minervini Minor PUD Amendment – Resolution 2016-12 Date: 03-11-2016 Re: Minervini Residences Drive Dear Planning and Zoning Committee c/o Mr. Pielsticker, Town of Avon Planner Martin Manley Architects created the grading and driveway plan for the Minervinis for the bidding and to construct the drive. We complete this drawing in September, of 2015. This shows that we were in process of working to conform/comply with the conditions set forth by the PUD. Due to the owner illness, contractor workloads, and the winter closing date of the asphalt plant, we ran out of time to complete the project by the deadline. Mr. Minervini is in negotiation with DW Dantas Construction now to see if he can get the project started while the excavator is on a neighboring lot. I would like drive drawing as part of the presentation/packets. We are looking to extend the date that was recorded in the PUD, so that the Minervinis can finish the project and be in conformance with the intent of the PUD previously approved. The Goal was to provide the drive entrance that was not on the curve. Our current drawing addresses this safety concern. Thank you, Jeffrey P Manley AIA Martin Manley Architects 970-328-1299 (direct) 970-688-0326 (cell) www.martinmanleyarchitects.com DN DN F O U N D #5 R E B A R W / 1 1 /2 " A L U M I N U M C A P L S # 9 3 3 7 EDGE LAWN 8 ' 1 0 ' 1 0 ' 1 0 ' B R G =S 2 5 °1 9 '5 0 " W 8 6 0 7 '-0 "+ 8 60 5 '-0 "+ 8 60 8 '-0"+ 8 6 06 '-0 "+ 8 60 8 '-0 "+ 8 60 7 '-0"+ 8 6 04 '-0 "+ 8 6 05 '-0 "+ E L =8 6 0 9 .7 7 S E T B A C KBUILDING 8 6 1 0 8 6 1 0 8 6 0 0 8 6 0 0 S E W E R M H G -1 1 M E A S . R I M E L =8 6 0 7 .2 ' U T I L S T U BINVERT E L =8 5 9 9 .6 ' S L O P E M A I N T , D R A I N A G E , A N D S N O W S T O R A G E E A S E M E N T 1 .5 ' C M P E L =8 6 1 5 .7 1 .5 ' C M P I N V E L =8 6 1 2 .7 S E W E R M H G -1 2 B A S I S O F E L E V I N V E L =8 6 0 8 .1 2 .5 'X 2 .5 ' S T O N E 8 6 1 2 .1 8 6 1 3 .6 8 6 1 5 .7 8 6 1 9 .2 8 6 2 1 .2 E D G E A S P H A L T R O A D T V P E D P H O N E P E D D I T C H C A T C H B A S I N F L A G S T O N E W A L K CONC APRON P L A N T E R B U I L D I N G O V E RH A N G F O U N D P I N & A L U M C A P L S #5 4 4 7 F O U N D P I N & A L U M C A P L S #9 3 3 7 F O U N D P I N & A L U M C A P L S #5 4 4 7 8 6 1 1 .3 8 6 0 8 .8 8 6 11 .4 8 6 1 1 .2 8 6 1 1 .2 I N V 8 6 0 9 .1 8 6 1 1 .1 L A N D I N G w /R O O F O V H G . S T E P S S P O T E L .(T Y P ) 8 6 1 0 .4 8 6 0 8 .9 8 6 0 7 .6 8 6 0 6 .5 R I M E L = 8 6 1 5 .6 U T I L I T Y & D R A I N A G E E A S E M E N T S P R O P E R T Y L I N E U T I L I T Y & D R A I N A G E E A S E M E N T S A B A N D O N E D B Y T H I S P L A T L O T 1 =3 9 °3 3 '2 4 " R =1 7 5 .0 0 ' L =1 2 0 .8 2 ' T =6 2 .9 3 ' C L E N =1 1 8 .4 3 ' B R G =S 1 3 °0 6 '4 8 " E N 5 1 °3 9 '2 1 "E 1 2 0 .7 6 ' S 6 0°4 5'4 2 " E 1 2 7.2 2' =1 4 °0 5 '3 8 " R =1 7 5 .0 0 ' L =4 3 .0 4 ' T =2 1 .6 3 ' B R G =N 2 5 °5 0 '4 9 "W C L E N =4 2 .9 4 ' 8610'-0"+ 8 6 0 9 '-6 "+ 11° 8609'-0"+ ) . W . O . R ' 0 5 ( T S A E D A O R E G D I RDLIW DN DN DN DN F OUN D #5 R E B AR W/ 1 1/2 " ALU MI NU M CAP LS # 5 447 F O UN D #5 R E B AR W/ 1 1/2 " A LU MI N UM C A P LS# 5 4 4 7 1 1/2 " A LU MI N UM C A PLS# 9 3 3 7 NW 25° 0 .28' FRO M CO R NER FO UN D #5 R E BAR W/ 1 1/2" A LU MIN UM C A P LS# 9 3 3 7 F O UN D #5 R E B AR 0.35 4 ACRES 0.351 ACRES 0.74 1 ACR ES 5 67 8 5 68 4 5 688 (R o ber t A . & El izab eth L . Tayl o r) (R.N . 2 009155 90) (N eal A. Hab e c k & Ji nean e B. Ha yb e ck Tr usts) (R.N . 2 01 30 29 90) (Jack D . Hun n) (R .N. 20 08 25 65 9) (C lif f ord Kay & Althe a Tr e vo r Cal lawa y) (K aren , J osep h, Jere m y & E li z a beth M e rli ng) (R .N. 20 12 12 585) (T own of Avon ) (R.N. 2 01 31 45 87) X PE AK EL=860 7.9' XPEAK EL=86 03 .8 ' X P EAK EL=861 1.3 ' DECK O U TLI NE BO U LDER W AL L ED GE LAWN EDG E LAW N EDGE LAWN 1 0' 8 ' 10' 20' 10 ' 10 ' B R G =S 2 5°19 '5 0" W C L EN =1 12.02 'T=59.12 ' R =17 5.0 0' L=1 14 .0 3' =3 7°20'0 5" S 4 6 ° 0 0 ' 0 8 " E 1 2 1 . 0 0 ' N 3 4 °2 7 '2 7 " E 9 4 .1 7 ' S 2 2 °1 4 '0 5 " W 9 9 .8 7 ' 8607'-0"+ 8605'-0"+ 8608'-0"+ 8606'-0"+ 8608'-0"+ 8607'-0"+ 8604'-0"+ 8605'-0"+ 0.0 46 AC RE S 0.219 ACRES 0.02 7 ACRES N ON DE V E LOP MEN T E ASEM E NT C REA TED BY T HI S PL AT N O N D E VEL OPMENT EA SE M EN T C R E AT E D B Y T HIS P LAT N O N D E VEL OPMENT EASEM EN T C R E AT E D B Y T HIS P LAT 2 8 . 9 9 ' 4 3 . 1 5 ' 31 .27' N 3 7 °4 1'3 8 "E B A S I S O F B E A RI N G S 0.0 63 AC RE S G UA RD RAI L E L=85 97 .2 1 EL =8 60 9.77 FND . P LA IN #5 RE BAR SETB ACKBUILDING SETBA CKBUILDING 7.5' 8 5 7 0 8 5 8 0 8 6 0 0 8 6 1 0 8 6 2 0 8 6 1 0 8 6 2 0 8 6 1 0 8 6 1 0 8 6 1 0 8 6 1 0 8 6 0 0 8 5 9 0 8600 8 6 0 0 8 5 90 8590 8580 SEW E R MH G -11 MEA S. RI M E L=86 07 .2' UTIL STUBINVERT EL=859 9.6 ' 4 0' 60' UTILITY AND DRAINAGE EASEMENT SLOPE MAINT, DRAINAGE, AND SNOW STORAGE EASEMENT 1.5' CMP EL=8615.7 1.5' CMP INV EL=8612.7 SEWER MH G-12 BASIS OF ELEV INV EL=8608.1 2.5'X2.5' STONE 8612.1 8613.6 8615.7 8619.2 8621.2 EDGE ASPHALT ROAD TV PED PHONE PED DITCH CATCH BASIN FLAGSTONE WALK CONCAPRON INV OUT 4" PVC EL=8601.1 SPRINKLER VALVE (TYP) PLANTER DECK HOT TUB 8611.2 CONC PAD SEWER MH G-13 FOUND PIN AND ALUM CAP LS#9337 FOUND PIN & ALUM CAP LS#5447 FOUND PIN & ALUM CAP LS#9337 FOUND PIN & ALUM CAP LS#5447 8611.3 8608.8 8611.2 8612.0 8611.4 8611.2 8609.5 8610.8 FOUND PIN & ALUM CAP LS#9337 8611.2 8611.2 INV SEWER MH F-25.1 8609.1 8608.4 8627.9 8635.5 PEAK EL. PEAK EL. 8611.1 8611.4 ROCK LINED DRAINAGE SWALE CONCRETE PATIO ROOF OVHG. LANDING w/ROOF OVHG. STEPS SPOT EL.(TYP) 8612.0 8610.4 8608.9 8607.6 8606.5 8604.9 RIM EL= 8615.6 UTILITY & DRAINAGE EASEMENTS P R OPERT Y LI N E U TI LIT Y & DRAIN A G E EASE M EN TS ABA ND O NED BY T HI S PL AT UTILITY & DRAINAGE EASEMENTS UTILITY & DRAINAGE EASEMENT UT ILI TY & D R A I NA GE EA SM E N TS A BAN D ON E D B Y TH IS P LA T 8623.10 8612.04 8635.52 8627.86 MON ELV-C RPEAK RPEAK 414 480 545 546 T R AC T K L O T 1 3 L O T 2 1 L O T 2 0 L O T 1 9 T R AC T K L O T 1 7 L O T 1 L O T 2 L O T 3 P A R C E L A S 4 4 °0 7 '3 5 " W 2 0 9 .5 3 ' S 4 2 ° 0 5 ' 1 1 " E 2 1 6 . 0 0 ' =3 9°33 '24 " R =1 75 .00 ' L =12 0.8 2' T =62.9 3' C LEN =11 8.4 3' B RG=S 1 3°06 '4 8" E N 4 4 °0 7 '3 5 " E 2 0 9 .5 3 ' S 4 2 ° 0 5 ' 1 1 " E 2 1 6 . 0 0 ' S 4 7 °5 4 '4 9 " W 1 8 0 .0 0 ' 1 1 5 .3 2 ' N 5 1 °39 '2 1 "E 1 2 0 .7 6 ' N 5 1 °3 9 '2 1 "E 8 1 .3 3 ' 7 9 . 4 6 ' 1 1 1 . 5 4 ' 4 9 .1 8' 5 0 .6 9' S6 0°4 5'4 2"E 1 27.22' N81°39'18"E 14.05'S68°20'42"E 20.05' S 3 8 ° 2 0 ' 4 2 " E 1 7 . 5 4 ' 2 5 . 0 0 ' 6 4 .6 8 ' =14°05'3 8 " R =175.00' L=43.0 4' T=2 1 .63' BRG=N25°50 '49"W C L EN=42.94' S 1 7 °5 2 '5 2 "E 2 7 .4 1 ' S 4 7 °5 4 '4 9 "W 1 0 4 .0 8 ' 8610'-0"+ 8609'-6"+ 11°8609'-0"+ UTILITY AND DRAINAGE EASEMENT UTILITY AND DR AINAGE EASEMENT FOUND PIN AND AL UM CAP LS#93 37 FOUND #5 REBAR FOUND PI N & A L UM CAP LS#9337 ) . W . O . R '0 5 ( T S A E D A O R EGDIRDLIW 1 4 ' - 0 " 14' - 0" 1 4 ' - 0 " Relocate address stone REMOVE (2) TREES NEW BERM TOP OF BERM AT 8616'-6" 8611.2'+ 8 6 1 1 .3 '+ ga r a g e s l a b a t 8 6 1 1 . 5 ' + Work on the house is not in contract and not part of this submittal 8 6 1 1 .7 '++ 8611.6' + 8611.4' + 8 6 1 1 . 0 ' fl o w l i n e + 8 6 1 0 . 5 ' 8 6 1 0 . 0 ' + gr a d e a y f l o w l i n e = 2 . 5 % ' 8 6 0 9 .2 '+ 8 6 0 9 .5 '+ 8 6 0 9 .1 '+ 8 6 0 8 86 0 6 8 6 0 4 86028604 86 0 6 8 6 0 8 grades at future lot drive shown for planning purposes sn o w s t o r a g e e a s e m e n t line of existing drive line of existing drive existing tree 8816'-0"3' 8813'-0" t.o.w. b.o.w. + 8611.0' + 8611.4 8816'-0"4' 8812'-0" t.o.w. b.o.w. 8814'-0"2'-6"t.o.w. 8811'-6"b.o.w. 86 1 2 8614 8 6 1 6 8614 86 1 0 8 6 1 2 line of existing drive TRUE NORTH PROJECT NORTH 20' - 1"12 '- 0". 8611.0'+ 8 6 1 086128613.0 '+ 86 1 2 86 1 4 86 1 8 86 1 6 86 1 6 8 6 1 0 . 0 ' + SNOW STORAGE 125 S.F. S N O W S T O R A G E SNOW STORAGE LESS THAN 4% GRADE 20' - 0" 1 5 ' - 0 " 2 9 ' - 0 " 10' - 0" 8 ' - 0 " 97 0 . 3 2 8 . 5 1 5 1 O F F I C E PO B o x 1 5 8 7 , E a g l e , C O 8 1 6 3 1 ww w . m a r t i n m a n l e y a r c h i t e c t s . c o m P r o j e c t n u m b e r D a t e R E V I S I O N S 9/ 1 8 / 2 0 1 5 9 : 0 5 : 1 7 A M A 1 .1 SI T E P L A N 1 5 0 3 Mi n e r v i n i R e s i d e n c e PR O G R E S S S E T 0 9 .1 8 .1 5 Re n o v a t i o n o f S i n g l e F a m i l y H o m e Lo t 2 , M i n e r v i n i S u b d i v i s i o n 56 8 4 W i l d r i d g e R o a d E a s t A v o n , C O 8 1 6 2 0 No . D e s c r i p t i o n D a t e 1" = 10'-0"1 01.0 SITE PLAN 1" = 30'-0"2 01.0 OVERALL SITE PLAN AREA OF DRIVE 1750' S.F. ON LOT 2 20% SNOWSTORAGE = 350 S.F. REQUIRED 430 S.F. OF SNOW STORAGE PROVIDED AREA OF DRIVE 470' S.F. ON LOT 1 20% SNOWSTORAGE = 94 S.F. REQUIRED 125S.F. OF SNOW STORAGE PROVIDED TOWN OF AVON RESOLUTION NO. 16-12 A RESOLUTION APPROVING FILE #PUD16002, A MINOR PUD AMENDMENT TO THE MINERVINI PUD, TOWN OF AVON, EAGLE COUNTY, STATE OF COLORADO WHEREAS, the Minervini PUD was approved by Resolution 14-02 on April 8, 2014, and subject to a set of conditions including the requirement to construct a realigned driveway not later than January 28, 2016; and WHEREAS, the driveway construction project was delayed due to unanticipated circumstances; and WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on February 22, 2016 by Jeffrey Manley (“Applicant”) to modify the deadline to construct a realigned driveway access for the PUD; and WHEREAS, the Application was reviewed as a “Minor PUD Amendment” pursuant to code section 7.16.060(1)(ii), Avon Development Code. WHEREAS, the Planning and Zoning Commission held a public hearing on March 14, 2016 after posting notice of such Public Hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, after holding a Public Hearing the Planning and Zoning Commission made a unanimous recommendation that the Town Council approve the Application; and WHEREAS, the Avon Town Council held a public hearing on April 12, 2016, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4) and made the following findings regarding the Application: (1) The Application will not result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated with building footprint maximums; and, (2) Approval of the Application will reduce building massing compared to the existing underlying zoning, allowing for an improvement in quality over what could have been accomplished through the existing zoning designations; and, (3) Potential building impacts are reduced by certain restrictions stated in the conditions; and, Resolution 16-12 PUD16002 – Minervini Minor PUD Amendment TC April 12, 2016 Page 1 of 3 (4) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including “siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with surrounding development, and break up building bulk NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that PUD16002, a Minor PUD Application for the Minervini PUD, Town of Avon, State of Colorado, is hereby approved subject to the following condition: (1) The realigned driveway to access the properties shall be constructed not later than January 28, 2017, based upon the Minervini Residence drawings (“Exhibit A to Resolution”), dated September 18, 2015. ADOPTED April 12, 2016, AVON TOWN COUNCIL By: _______________________________ Attest: ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Resolution 16-12 PUD16002 – Minervini Minor PUD Amendment TC April 12, 2016 Page 2 of 3 Exhibit A to Resolution 16-12 Resolution 16-12 PUD16002 – Minervini Minor PUD Amendment TC April 12, 2016 Page 3 of 3 Attachment E TOWN OF AVON RESOLUTION NO. 14 -02 Series of 2014 A RESOLUTION APPROVING THE MINERVINI MINOR PUD AMENDMENT FOR LOTS 15 AND 16, BLOCK 4, WILDRIDGE, TOWN OF AVON, COLORADO WHEREAS, a Minor PUD Amendment Application ( "Application "), was submitted to the Community Development Department of the Town on October 7, 2013 by Dominic Mauriello Applicant "); and WHEREAS, the Application requests to amend the zoning of Lot 15 and Lot 16, Block 4, Wildridge, to allow three (3) single- family structures in place of the currently allowed single - family and duplex zoning; and WHEREAS, the Planning and Zoning Commission held public hearings on November 5, 2013, November 19, 2013, December 3, 2013, and January 7, 2014, after posting notice of such hearings in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission approved Findings of Fact, Record of Decision, and Recommendations on January 7, 2014, recommending that the Town Council conditionally approve the Application; and WHEREAS, the Avon Town Council held public hearings on January 28, 2014, February 25, 2014, March 25, 2014, and April 8, 2014, and after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in 7.16.060(e)(4); and WHEREAS, the Avon Town Council has made the following findings regarding the Application: 1) The Application was processed in accordance with §7.16.060(h), Amendment to a Final PUD, which allowed the application to be processed as a minor amendment pursuant to 7.16.060(h)(1)(11), Minor Amendment, and utilized the review criteria set forth in 7.16.060(e)(4), Preliminary PUD Review Criteria; and, 2) The Application is in substantial compliance with §7.16.060(e)(4), Preliminary PUD Review Criteria, AMC based upon review of the Application, the Town staff report and other evidence considered by the Avon Town Council at the public hearing; and, 3) The Application will not result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated with building footprint maximums; and, Resolution 14 -02 Minervini Minor PUD Amendment April 8, 2014 Page 1 of 2 Attachment E 4) Approval of the Application will reduce building massing compared to the existing underlying zoning, allowing for an improvement in quality over what could have been accomplished through the existing zoning designations; and, 5) Potential building impacts are reduced by certain restrictions stated in the conditions; and, 6) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including "siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with surrounding development, and break up building bulk." NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Minor PUD Application for Lots 15 and 16, Block 4, Wildridge, Town of Avon, Colorado, is hereby approved subject to the following conditions, which shall be met as a condition to subdivision, design review and/or building permit approval: 1) The Subdivision Plat shall include easements for utilities in the non - developable areas including the right to access and maintain such utilities; lot line easements are shall include Utility and Drainage easements, with the exception that the fi•ont lot line easement shall include a Slope Maintenance, Utility, Drainage, and Snow Storage Easement. 2) The maximum permitted roofridge elevation for Lot 3 shall be 8,638' above sea level. 3) The realigned driveway to access Lots 2 and 3 shall be constructed by January 28, 2016, based on the "Proposed Lots Conceptual Home Layout" plans, Page 2 of the Application submittal. 4) The maximum building footprint shall be restricted to 3,000 square feet for proposed Lot 1, 4,000 sq. ft. for Lot 2, and restricted to 2,000 square feet for Lot 3. 5) The maximum livable square footage (not including garage space) shall be restricted to 4,000 square feet for proposed Lots 1 and 3. 6) The maximum building height shall be restricted to twenty -eight feet (28') for Lots 1 and 3. ADOPTED APRIL 8, 2014. AVON TOWN COUNCIL By: Rich Carroll, Mayor Resolution 14 -02 Minervini Minor PUD Amendment April 8, 2014 Page 2 of 2 Attest: Debbie Hoppe, Town C erk VICINITY MAP SCALE: 1"=1000' 3 o' 0 A= 76'53'29'° R =175.00' L= 234.84' T= 138.92' BRG =N05 *33'00 "E C LEN =217.61' FOUND #5 REBAR W/ 1 1/2" ALUMINUM CAP LS# 5447 SLOPE MAINTENANCE, DRAINAGE & SNOW STORAGE EASMENT_ FOUND #5 REBAR LOT 17 Robert A. & Elizabeth L. Taylor) R.N. 200915590) FOUND #5 REBAR W/ 1 1/2" ALUMINUM CAP LS# 5447 IM 41199 HIGHWAY 6 & 24, EAGLE -VAIL P.O. BOX 1230 EDWARDS, CO. 81632 970)949 -1406 gh,. 1 1 FOUND #5 REBAR W/ 1 1/2" ALUMINUM CAP IS4 9337 FOUND #5 REBAR W/ 1 1/2" ALUMINUM CAP LS# 5447 FINAL PLAT MINERVINI SUBDIVISION] A RESUBDIVISION OF LOTS 15 AND 1 TOWN OF AVON, COUNTY OF EAGLE LOT 13 Karen, Joseph, Jeremy & Elizabeth Merling) R.N. 201212585) 209.53, 35„ N Art;'() _ N3`1' A g PR` NC,S OF la s\cl LOT 19 Neal A, Habeck & Jineane B. Haybeck Trusts) R.N. 201302990) LAND USE SUMMARY LOT AREA 1 0.351 Acres 2 0.741 Acres 3 0.354 Acres PARCEL A 0.063 Acres See note ##5 regarding th USE Single Family Single Family Single Family Transfer Parcel e purpose of Parcel ADDRESS 5678 Wildridge Road East 5684 Wildridge Road East 5688 Wildridge Road East 5570 Coyote Ridge A LOT 20 Jack D. Hunn) R.N. 200825659 ) BLOCK 4, WILDRIDGE rATE OF COLORADO FOUND #5 REBAR W/ 1 1/2" ALUMINUM CAP LS# 9337 NW25' 0.28' FROM CORNER TRACT K Town of Avon) LOT 21 Clifford Kay & Althea Trevor Callaway) R.N. 201314587) f 40 .0 CERTIFICATION OF DEDICATION AND OWNERSHIP Know all men by these presents that Virginia R. Klyce and John Minervini Jr. (as to Parcel 1) and John Minervini Jr., Virginia R. Klyce and Regions Bank, d /b /a Regions Mortgage (as to Parcel 2), being sole owners in fee simple, mortgagee or lien holder of all that real property situated in the Town of Avon, Eagle County , Colorado described as follows: Parcel 1: Lot 16, Block 4, Wildridge according to the Final Subdivision Plat thereof recorded October 8, 1981 in Book 330 at Page 78, County of Eagle, State of Colorado Parcel 2: Lot 15, Block 4, Wildridge Subdivision according to the Amended Final Plot thereof recorded October 5, 2005 under Reception No. 931932, County of Eagle, State of Colorado and containing 1.509 acres, more or less, has by these presents laid out, platted and subdivided the same into Lots and Blocks as shown hereon and designate the some as Minery €ni Subdivision, Town of Avon, County of Eagle, State of Colorado and dedicate for public use the streets shown herein including avenues, drives, boulevards, lanes, courts and alleys to the Town of Avon; and the utility and drainage easements shown hereon for utility and drainage purposes only; and do further state that this subdivision shall be subject to the Protective Covenants, fled and recorded for this Subdivision in the Office of the Clerk and Recorder of Eagle County, Colorado, as Document Number Executed this —day of_, _, A.D., 20 Ow —r n _ M _ _ Virginia R. Klyce as to Parcels 1 and 2) STATE OF C-0-10millib SS COUNTY OF Jd. `,_) The foregoing Dedication was acknowledged before me th €s J—_ day of , 20-'AA-- by Virginia R. Klyce. My commission expires:_ .ak!VAM _- W€tness my hand and seal C` t 93MIMM An i "glill'LBQL CH 11MMON 00"0-100 .40 31VLS o ry Public winm P 3 3(00Vr John Minervini Jr. as to Parcels 1 and 2) STATE 040IQP 5S COUNTY OF51_) The foregoing Dedication was acknowledged before me this RA day of , 2D _q by John Minervin€ Jr. cl My commission expires:_ Witness my hand and seal JACM100*4'y QUEZ Nota ublic _ - - -- S1rA Wt ORAIJO NOi1kRY 1 y Ofi1>YT'{ M1' f l0lf20>It LIEN HOLDERS CERTIFICATE The undersigned beneficiary of a Deed of Trust upon the real property covered by this Final Plat, hereby consents to the submission of such real property to the provisions of the Final Plat. Mortgagee: Regions d /b /a Regio ortgage B Y - -.. ,,Z Print name r _IIfPIC STATE OF±" S COUNTY OFF-M& 4A The foregoing Dedication was acknow edged before m this r a j da of ____, 201 by 1@_ LfWr f a t- CA-21-WAI dof Regions Bank, D /B /A Regions Mortgage. My commission expires:l Witripss my hand and seal Notary Publi ID 97941 PIOTAO I IJf3LIC a Coverts. ft Iran Jan. 3, 201 a pQom• ®o NOTES: 1) Date of Survey: April, 2014 2) Land Title Guarantee Company title commitment Nos. V50038395 and V50038396 dated 04/02/2014 were used for all easement and title information. 3) Notice: According to Colorado low you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification show hereon. 4) The purpose of this Final Plat is to abandon the property line between Lots 15 and 16 and to reconfigure said Lots, creating Lots 1, 2, 3 & Parcel A and to create Non - Development Easements on new Lots 1, 2 & 3, all as shown and described hereon. 5) Parcel A, as shown and described hereon, is created for the sole purpose of tranfering land to Lot 20, Block 4, Wildridge (a.k.a. 5570 Coyote Ridge). Said transfer shall be executed by a seperate document. 6) Basis of bearings is a line connecting monuments found at at the southerly corner of Lot 1 and the easterly corner of Lot 2 having a bearing of N37 *41'38 "E as shown and described hereon. 7) Addresses are for informational purposes only and may be subject to change. Please verify addresses with the Town of Avon. 8) Restrictive Covenants are recorded in Book 345 at Page 844, 9) Lot 3Ais subject to Restrictive Covenants t i recorded at Reception Nos. "cd \ _ and —(_o1 e { 11 4_(S -- - - - -- 10) No structures may be developed on those parts of Lots 1, 2 and 3 designated hereon as "Non- Development Easement ". 11) Property is sub'ectt top dltionngl, zoning restrictions recorded at Reception No. U %*_A* TITLE INSURANCE COMPANY CERTIFICATE I DNXO does hereby certify that it has examined the title to all lands shown upon this plat and that title to such lands is vested in: John Minervin€ Jr. and Virginia R. Klyce, free and clear of all liens, encumbrances, +owe and assessments except as follows: V By:L As: TOWN CERTIFICATE This Final Plat is a pproved by the Town of Avon, County of Eagle, Colorado this _ I I day of _%_V_6Y_ —, 2011-, for filing with the Clerk and Recorder of the County of Eagle. Approval of this plat by the Town Is consent only and is not to be construed as an approval of the technical correctness of this plat or any documents relating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TO AVON By: _ Director of Commu Development e,2 Attest: :SETownClerk coL PRADO SURVEYOR'S CERTIFICATE I, Masan L. Torry, do hereby certify that I am a Registered Land Surveyor licensed under the lows of the State of Colorado, that this Plat is a true, correct and complete Plat of Minervini Subdivision as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the some were staked upon the ground in compliance with applicable regulations governing the subdivision of Land. All monuments were set as required bytheSubd' ' Lions f the Town 'qf Avon. Ier,ev!I i7 v my hand and peal this g_ day of vt A. D,, 20_ -, Moso Colors m 38233 CERTIFICATE OF TAXES PAID I, the undersigned, do hereby certify that the entire 11amount of taxes and assessments due and payable as of Q_*u r.i_i!.__ upon all parcels of real estate described on this plat are paid in full. Dated this A y`h __day of 1AJ_ —_A.D. 20N. Treasurer 'of Eagle Coun os u CLERK AND RECORDER'S CERTIFICATE This Plat was filed for record in the Office of the Clerk and Recorder at 5 o'clock !f_ _= _ A.D., 2D .,. and i d re R tion' Number Dp _ ' VCleRecder B y: y A ..,. Protective Covenants are recorded as Reception 09 5C.IU -4 n a20N // -7/0No. -- ---- - - - - -- R$"IZG'K&LA o70 l '/ / /*/,% FOUND #5 REBAR W/ 1 1/2" ALUMINUM CAP LS# 5447 f 40 .0 CERTIFICATION OF DEDICATION AND OWNERSHIP Know all men by these presents that Virginia R. Klyce and John Minervini Jr. (as to Parcel 1) and John Minervini Jr., Virginia R. Klyce and Regions Bank, d /b /a Regions Mortgage (as to Parcel 2), being sole owners in fee simple, mortgagee or lien holder of all that real property situated in the Town of Avon, Eagle County , Colorado described as follows: Parcel 1: Lot 16, Block 4, Wildridge according to the Final Subdivision Plat thereof recorded October 8, 1981 in Book 330 at Page 78, County of Eagle, State of Colorado Parcel 2: Lot 15, Block 4, Wildridge Subdivision according to the Amended Final Plot thereof recorded October 5, 2005 under Reception No. 931932, County of Eagle, State of Colorado and containing 1.509 acres, more or less, has by these presents laid out, platted and subdivided the same into Lots and Blocks as shown hereon and designate the some as Minery €ni Subdivision, Town of Avon, County of Eagle, State of Colorado and dedicate for public use the streets shown herein including avenues, drives, boulevards, lanes, courts and alleys to the Town of Avon; and the utility and drainage easements shown hereon for utility and drainage purposes only; and do further state that this subdivision shall be subject to the Protective Covenants, fled and recorded for this Subdivision in the Office of the Clerk and Recorder of Eagle County, Colorado, as Document Number Executed this —day of_, _, A.D., 20 Ow —r n _ M _ _ Virginia R. Klyce as to Parcels 1 and 2) STATE OF C-0-10millib SS COUNTY OF Jd. `,_) The foregoing Dedication was acknowledged before me th €s J—_ day of , 20-'AA-- by Virginia R. Klyce. My commission expires:_ .ak!VAM _- W€tness my hand and seal C` t 93MIMM An i "glill'LBQL CH 11MMON 00"0-100 .40 31VLS o ry Public winm P 3 3(00Vr John Minervini Jr. as to Parcels 1 and 2) STATE 040IQP 5S COUNTY OF51_) The foregoing Dedication was acknowledged before me this RA day of , 2D _q by John Minervin€ Jr. cl My commission expires:_ Witness my hand and seal JACM100*4'y QUEZ Nota ublic _ - - -- S1rA Wt ORAIJO NOi1kRY 1 y Ofi1>YT'{ M1' f l0lf20>It LIEN HOLDERS CERTIFICATE The undersigned beneficiary of a Deed of Trust upon the real property covered by this Final Plat, hereby consents to the submission of such real property to the provisions of the Final Plat. Mortgagee: Regions d /b /a Regio ortgage B Y - -.. ,,Z Print name r _IIfPIC STATE OF±" S COUNTY OFF-M& 4A The foregoing Dedication was acknow edged before m this r a j da of ____, 201 by 1@_ LfWr f a t- CA-21-WAI dof Regions Bank, D /B /A Regions Mortgage. My commission expires:l Witripss my hand and seal Notary Publi ID 97941 PIOTAO I IJf3LIC a Coverts. ft Iran Jan. 3, 201 a pQom• ®o NOTES: 1) Date of Survey: April, 2014 2) Land Title Guarantee Company title commitment Nos. V50038395 and V50038396 dated 04/02/2014 were used for all easement and title information. 3) Notice: According to Colorado low you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification show hereon. 4) The purpose of this Final Plat is to abandon the property line between Lots 15 and 16 and to reconfigure said Lots, creating Lots 1, 2, 3 & Parcel A and to create Non - Development Easements on new Lots 1, 2 & 3, all as shown and described hereon. 5) Parcel A, as shown and described hereon, is created for the sole purpose of tranfering land to Lot 20, Block 4, Wildridge (a.k.a. 5570 Coyote Ridge). Said transfer shall be executed by a seperate document. 6) Basis of bearings is a line connecting monuments found at at the southerly corner of Lot 1 and the easterly corner of Lot 2 having a bearing of N37 *41'38 "E as shown and described hereon. 7) Addresses are for informational purposes only and may be subject to change. Please verify addresses with the Town of Avon. 8) Restrictive Covenants are recorded in Book 345 at Page 844, 9) Lot 3Ais subject to Restrictive Covenants t i recorded at Reception Nos. "cd \ _ and —(_o1 e { 11 4_(S -- - - - -- 10) No structures may be developed on those parts of Lots 1, 2 and 3 designated hereon as "Non- Development Easement ". 11) Property is sub'ectt top dltionngl, zoning restrictions recorded at Reception No. U %*_A* TITLE INSURANCE COMPANY CERTIFICATE I DNXO does hereby certify that it has examined the title to all lands shown upon this plat and that title to such lands is vested in: John Minervin€ Jr. and Virginia R. Klyce, free and clear of all liens, encumbrances, +owe and assessments except as follows: V By:L As: TOWN CERTIFICATE This Final Plat is a pproved by the Town of Avon, County of Eagle, Colorado this _ I I day of _%_V_6Y_ —, 2011-, for filing with the Clerk and Recorder of the County of Eagle. Approval of this plat by the Town Is consent only and is not to be construed as an approval of the technical correctness of this plat or any documents relating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TOWN COUNCIL OF THE TO AVON By: _ Director of Commu Development e,2 Attest: :SETownClerk coL PRADO SURVEYOR'S CERTIFICATE I, Masan L. Torry, do hereby certify that I am a Registered Land Surveyor licensed under the lows of the State of Colorado, that this Plat is a true, correct and complete Plat of Minervini Subdivision as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me and under my supervision and correctly shows the location and dimensions of the lots, easements and streets of said subdivision as the some were staked upon the ground in compliance with applicable regulations governing the subdivision of Land. All monuments were set as required bytheSubd' ' Lions f the Town 'qf Avon. Ier,ev!I i7 v my hand and peal this g_ day of vt A. D,, 20_ -, Moso Colors m 38233 CERTIFICATE OF TAXES PAID I, the undersigned, do hereby certify that the entire 11amount of taxes and assessments due and payable as of Q_*u r.i_i!.__ upon all parcels of real estate described on this plat are paid in full. Dated this A y`h __day of 1AJ_ —_A.D. 20N. Treasurer 'of Eagle Coun os u CLERK AND RECORDER'S CERTIFICATE This Plat was filed for record in the Office of the Clerk and Recorder at 5 o'clock !f_ _= _ A.D., 2D .,. and i dre R tion' Number Dp _ ' VCleRecder B y: y A ..,. Protective Covenants are recorded as Reception 09 5C.IU -4 n a20N // -7/0No. -- ---- - - - - -- R$"IZG'K&LA o70 l '/ / /*/,% TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst; Scott Wright, Asst. Town Manager Date: April 12, 2016 Re: 2016 Supplemental Budget Amendment Resolution No. 2016-10 Introduction It has been the practice to adopt a supplemental budget amendment in order to update beginning fund balance estimates and generally recognize revisions to the budgets that were not identified at the time the budget was originally adopted. This resolution amends five funds: the General, Water, Transit, Fleet, and Equipment replacement Funds. Below is a summary of proposed budget revisions by fund and estimated impacts to respective fund balances. The level of fund balances continues to meet Town policy in all the amended funds. General Fund Final unaudited figures for 2015 in the General Fund reflect a surplus over budget of $1,081,193. This surplus was due to a positive variance compared to estimates of total revenues of $321,535 ($200,364 of this was in tax revenues) and a positive variance to appropriations (under-expenditures compared to budget) of $759,658. Much of these savings are due to the hard work of Town staff in their efficient use of Town resources. A number of revisions to the General Fund budget have been accumulated since the beginning of the year including the rollover of certain 2015 unspent appropriations, approvals of special events, and other unforeseen items. A summary of the proposed changes is listed below: •$275,000 - Appropriation of costs from the 2016 special events assigned fund balance. Includes Outlaws and Legends ($72,000), Après Avon ($37,000), Avon Live! Summer Concerts ($66,000), VVF Dancing in the Park ($25,000), and a Writers Conference ($75,000). •$150,000 - Increase Transfers-Out to Capital Projects Fund •$7,300 for the May, 2016 ballot question •$6,500 for financial consulting costs related to an independent review of the URA financial model Page 1 •$18,000 for carryover of unspent 2015 appropriations for the pickleball court •$25,000 for carryover of unspent 2015 appropriations for the marketing plan •$15,600 for Laserfiche scanning •$21,360 for Avon Road and Avon Mall flower beds •$9,154 for carryover of unspent 2015 appropriations from the Special Event Admissions Fee •$11,984 in additional unanticipated Special Events Admissions Fees (no net impact - appropriation is offset by revenues) •$6,743 for Recreation Center lobby furniture •$10,668 for Heat Recovery condenser oil cooler repair and maintenance •$12,931 in other miscellaneous line item adjustments The net result of these changes revises the current year net source (use) of funds from a surplus of $186,452 to a deficit of $371,794. However, because of the large increase in the General Fund ending 2015 fund balance mentioned above, the 2016 revised estimated ending fund balance is $522,947 larger than originally anticipated. Due to this surplus , amounts assigned for Capital Improvements has been increased from $250,000 to $675,000. These funds will not be transferred to the Capital Projects Fund until it is determined later in the year that the General Fund budget has remained unchanged. Finally, after these revisions, the General Fund stabilization balance, which represents reserves over and above the required 25% minimum fund balance, is increased by $247,660 to a total of $262,250. Water Fund Revisions to the Water Fund reflect the adoption of the Mountain Star Water Storage Tank Project – Capital Project Implementation Agreement whereby the Town has agreed to contribute a total of $875,707 in previously collected tap fees to the project. A total of $20,000 was contributed in 2015, therefore the increase to budgeted expenditures for 2016 is $855,707. In addition, tap fee revenues has been revised up by $20,000 to a total of $40,000, and transfers-out to the Capital Projects for the pumphouse pump replacement project has been increased by $50,000. The net result of the above changes, including revising beginning fund balance based on actual 2015 unaudited figures, is a net $749,747 decrease to the estimated ending fund balance, leaving a remaining fund balance of $78,099 Transit Enterprise Fund Revisions to the Transit Fund include the following: •$134,994 for the 2015 scheduled bus purchase delayed into 2016. This will also increase FTA grant funds from $328,000 to $435,995 resulting in a net cost to the Town of $26,999. •$4,020 decrease in property taxes based on the actual mill levy The net result of the above changes, including revising the beginning fund balance based on actual unaudited 2015 figures, is a net $27,627 increase to the estimated ending fund balance. Page 2 Fleet Maintenance Fund Revisions to the Fleet Maintenance Fund include the following: •$14,000 in vehicle sublet costs •$10,000 in machinery and equipment sublet costs •$7,300 for a dolly and emissions cleaning machine •$676 in miscellaneous other line items After taking into account the increased expenditures as well as a $24,638 decrease in beginning fund balances based on 2015 unaudited actual figures, the amended estimated ending fund balance is $139,161 or a decrease of $55,321 to the original budget. It should be noted that it is anticipated that there will be personnel cost savings that are not currently reflected in this amendment. Equipment Replacement Fund Revisions to the Equipment Replacement Fund include the following: •$31,000 for VMS boards •$10,000 for additional weight room equipment It should be noted that the funds related to the purchase of these items are already accumulated in the Fund and do not require additional rental charges to the respective departments. After taking into account the increased expenditures as well as a $31,400 increase in beginning fund balances based on 2015 unaudited actual figures, the amended estimated ending fund balance is $2,167,199 or a decrease of $9,600 to the original budget. Attachments: 1.Resolution No. 2016-10 2.General Fund Supplemental Amendment No. 1 3.Water Fund Supplemental Amendment No. 1 4.Transit Enterprise Fund Supplemental Amendment No.1 5.Fleet Maintenance Fund Supplemental Amendment No.1 6.Equipment Replacement Fund Supplemental Amendment No. 1 Page 3 TOWN OF AVON, COLORADO RESOLUTION NO. 16-10 SERIES OF 2016 A RESOLUTION TO AMEND THE 2016 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2016 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2016 AND ENDING ON THE LAST DAY OF DECEMBER, 2016 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2016 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2016; and WHEREAS, the Town Council finds it necessary to amend the 2016 budget to more accurately reflect the revenues and expenditures for 2016; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2016: Original or Previously Amended 2016 Budget Current Proposed Amended 2016 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,578,732 15,179,407 14,992,955 $ 5,659,925 15,191,391 15,563,185 Ending Fund Balance $ 4,765,184 $ 5,288,131 Res. No. 16-10 April 12, 2016 Page 1 of 2 Original or Previously Amended 2016 Budget Current Proposed Amended 2016 Budget Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 880,199 170,000 222,353 $ 1,016,159 190,000 1,128,060 Ending Fund Balance $ 827,846 $ 78,099 Transit Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 631,793 1,935,039 1,948,496 $ 690,694 2,039,014 2,083,745 Ending Fund Balance $ 618,336 $ 645,963 Fleet Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 192,819 1,787,632 1,785,969 $ 169,474 1,787,632 1,817,945 Ending Fund Balance $ 194,482 $ 139,161 Equipment Replacement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 1,667,903 748,565 239,669 $ 1,699,303 748,565 280,669 Ending Fund Balance $ 2,176,799 $ 2,167,199 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 12th day of April, 2016. AVON TOWN COUNCIL By:___________________________ Attest:________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Res. No. 16-10 April 12, 2016 Page 2 of 2 Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2015 2016 2016 (Decrease) REVENUES Taxes 11,569,168$ 11,977,899$ 11,977,899$ -$ Licenses and Permits 335,741 174,000 174,000 - Intergovernmental 949,546 990,710 990,710 - Charges for Services 1,390,587 1,310,263 1,322,247 11,984 Fines and Forfeitures 129,356 116,900 116,900 - Investment Earnings 19,563 25,000 25,000 - Other Revenue 359,124 364,900 364,900 - Total Operating Revenues 14,753,085 14,959,672 14,971,656 11,984 Other Sources Transfer-In From Capital Projects Fund 1,538,335 219,735 219,735 - Total Other Sources 1,538,335 219,735 219,735 - TOTAL REVENUES 16,291,420$ 15,179,407$ 15,191,391$ 11,984$ EXPENDITURES General Government 2,916,095$ 3,141,229$ 3,179,386$ 38,157$ Community Development 1,348,166 1,174,639 1,495,777 321,138 Public Safety 3,007,164 3,253,284 3,253,667 383 Public Works 3,655,220 4,090,065 4,144,443 54,378 Parks and Recreation 1,147,149 1,281,738 1,288,912 7,174 Total Operating Expenditures 12,073,794 12,940,955 13,362,185 421,230 Contingency - 100,000 99,000 (1,000) Other Uses Transfers-Out to Town Center West Fund 150,000 250,000 250,000 - Transfers-Out to Capital Projects Fund 1,545,000 120,000 270,000 150,000 Transfers-Out to Transit 1,026,999 1,282,000 1,282,000 - Transfers-Out to Fleet Maintenance 300,000 300,000 300,000 - Total Other Uses 3,021,999 1,952,000 2,102,000 150,000 TOTAL EXPENDITURES 15,095,793 14,992,955 15,563,185 570,230 NET SOURCE (USE) OF FUNDS 1,195,627 186,452 (371,794) (558,246) FUND BALANCES, Beginning of Year 4,464,298 4,578,732 5,659,925 1,081,193 FUND BALANCES, End of Year 5,659,925$ 4,765,184$ 5,288,131$ 522,947$ FUND BALANCES: Restricted For: 3% TABOR Emergency Reserve 552,335$ 532,355$ 552,335$ 19,980$ Assigned For: Special Events 47,878 275,000 - (275,000) Capital Improvements - 250,000 675,000 425,000 Unassigned: 25% Minimum Reserve Balance 3,387,698 3,693,239 3,798,546 105,308 Stabilitzation Balance 1,672,014 14,590 262,250 247,660 TOTAL FUND BALANCES 5,659,925$ 4,765,184$ 5,288,131$ 522,947$ General Fund #10 Supplemental Amendment No. 1 Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2015 2016 2016 (Decrease) REVENUES Charges for Services: Water Surcharges 152,707$ 150,000$ 150,000$ -$ Tap Fees 139,430 20,000 40,000 20,000 Tap Fees - Mountain Star - - - - Total Charges for Services 292,137 170,000 190,000 20,000 Other Revenues Nonclassified Revenues - - - - TOTAL REVENUES 292,137$ 170,000$ 190,000$ 20,000$ EXPENDITURES Water Utilities 192,208 122,353 978,060 855,707 Total Operating Expenditures 192,208 122,353 978,060 855,707 Other Uses Transfers Out - Capital Projects Fund - 100,000 150,000 50,000 TOTAL EXPENDITURES 192,208 222,353 1,128,060 905,707 NET SOURCE (USE) OF FUNDS 99,929 (52,353) (938,060) (885,707) FUND BALANCES, Beginning of Year 916,230 880,199 1,016,159 135,960 FUND BALANCES, End of Year 1,016,159$ 827,846$ 78,099$ (749,747)$ FUND BALANCES: Restricted For: Water Projects 416,159$ 247,846$ 78,099$ (169,747)$ Assigned For: Mountain Star Water Tank Contribution 600,000 580,000 - (580,000) TOTAL FUND BALANCES 1,016,159$ 827,846$ 78,099$ (749,747)$ Water Fund #24 Supplemental Amendment No. 1 Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2015 2016 2016 (Decrease) REVENUES Taxes 40,280$ 44,210$ 40,190$ (4,020)$ Intergovernmental - 328,000 435,995 107,995 Charges for Services 283,579 208,829 208,829 - Other Revenues 80,638 72,000 72,000 - Total Operating Revenues 404,497 653,039 757,014 103,975 Other Sources Transfers In from General Fund - Operating 1,000,000 1,200,000 1,200,000 - Transfers In from General Fund - Capital 26,999 82,000 82,000 - Sales of Capital Assets 2,025 - - - Total Other Sources 1,029,024 1,282,000 1,282,000 - TOTAL REVENUES 1,433,521 1,935,039 2,039,014 103,975 EXPENDITURES Administration 229,603 239,797 240,052 255 Operations 1,068,417 1,549,213 1,684,207 134,994 Washbay 84,283 159,486 159,486 - TOTAL EXPENDITURES 1,382,303 1,948,496 2,083,745 135,249 NET SOURCE (USE) OF FUNDS 51,218 (13,457) (44,731) (31,274) FUND BALANCES, Beginning of Year 639,476 631,793 690,694 58,901 FUND BALANCES, End of Year 690,694$ 618,336$ 645,963$ 27,627$ Transit Enterprise Fund #52 Supplemental Amendment No. 1 Fund Summary Adopted Amended Difference Actual Budget Budget Increase 2015 2016 2016 (Decrease) REVENUES Charges for Services 1,294,127$ 1,487,632$ 1,487,632$ -$ Other Revenue 9,844 - - - Total Operating Revenues 1,303,971 1,487,632 1,487,632 - Other Sources Transfers-In from General Fund 300,000 300,000 300,000 - TOTAL REVENUES 1,603,971 1,787,632 1,787,632 - EXPENDITURES Public Works: Fleet Maintenance 1,638,524 1,785,969 1,817,945 31,976 Total Operating Expenditures 1,638,524 1,785,969 1,817,945 31,976 TOTAL EXPENDITURES 1,638,524 1,785,969 1,817,945 31,976 NET SOURCE (USE) OF FUNDS (34,553) 1,663 (30,313) (31,976) FUND BALANCES, Beginning of Year 204,027 192,819 169,474 (23,345) FUND BALANCES, End of Year 169,474$ 194,482$ 139,161$ (55,321)$ Fleet Maintenance Enterprise Fund #61 Supplemental Amendment No. 1 Proposed Adopted Revised Difference Actual Budget Budget Increase 2015 2016 2016 (Decrease) REVENUES Charges for Services 597,862$ 589,967$ 589,967$ -$ Investment Earnings 3 - - - Other Revenues 71,799 143,598 143,598 - Total Operating Revenues 669,664 733,565 733,565 - Other Sources Sales of Fixed Assets 29,000 15,000 15,000 - TOTAL REVENUES 698,664 748,565 748,565 - EXPENDITURES Current: Financial Support - ERFPD 717,989 - - - Capital Outlay: Fleet and Heavy Equipment 257,028 101,338 101,338 - Recreation Center Equipment 164,091 14,364 24,364 10,000 Computer and Office Equipment 41,440 116,599 116,599 - Machinery and Equipment 58,449 7,368 38,368 31,000 Total Operating Expenditures 1,238,997 239,669 280,669 41,000 Other Uses Transfers-Out to Capital Projects Fund 550,000 - - - TOTAL EXPENDITURES 1,788,997 239,669 280,669 41,000 NET SOURCE (USE) OF FUNDS (1,090,333) 508,896 467,896 (41,000) FUND BALANCES, Beginning of Year 2,789,636 1,667,903 1,699,303 31,400 FUND BALANCES, End of Year 1,699,303$ 2,176,799$ 2,167,199$ (9,600) Fund Summary Equipment Replacement Internal Service Fund #63 Amendment No. 1 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Justin Hildreth, Town Engineer Date: April 12, 2016 Agenda Topic: Presentation of the 2016 Capital Projects Fund The summer construction season is quickly approaching and the purpose of this presentation is to update Town Council and the public on the status of projects scheduled for 2016. The Town Hall acquisition and the Eagle Valley Trail project are not included in the memo because they are discussed in other memos in the Town Council packet. TRANSIT IMPROVEMENTS Bus Shelter Installation. Budget $ 140,618. Bus shelters will be installed at the Stonebridge Drive, City Market, Buffalo Ridge and Avon Elementary bus stops. The shelters are currently being fabricated and will be delivered and installed by the end of June. Traer Creek Bus Shelter. Budget $55,510. The Town of Avon is partnering with ECO Transit on the installation of a bus shelter at the Traer Creek Plaza/Wal-Mart bus stop. The Town is currently negotiating with the fabricator of the shelter and plan to have the shelter installed by the end of June. PARK AND RECREATION IMPROVEMENTS H.A. Nottingham Park Playground Design. Budget $75,000. A new playground is proposed between the restrooms and the existing playground that will include natural and interactive play features. The design is partially based on the public outreach program at Avon Elementary School and the Recreation Center that is required in order to obtain the grant. A proposed design is currently scheduled to be presented at the May 17th Planning and Zoning Commission meeting. The goal is to have the new playground design completed and priced by the General Contractor in order to apply for a Great Outdoors Colorado Grant in November. H.A. Nottingham Park Restrooms. Budget $240,000. The existing restrooms, constructed in 1983, are in poor condition and in need of a remodeled. The remodel will include refacing the exterior, adding a picnic shelter to the west side, replacing existing fixtures and stalls, and upgrading the facility to meet the Americans with Disabilities Act requirements. An architecture firm is currently being retained with the goal of remodeling the facility this summer. H.A. Nottingham Park Irrigation System Pump Replacement. Budget $150,000. Several improvements to the Nottingham Park Irrigation system will help improve efficiency and extend pump life are planned. The addition of new monitoring equipment (i.e., low flow alarms, high flow or break alarms, and a flow meter) will help to conserve water by allowing the irrigation system to monitor water usage and adjust flow based on local weather data and the type of landscaping. A Variable Frequency drive for the new pumps will lessen the impacts of the startup process by slowly bring the system flow and pressure online based on demand, thus reducing line breaks and damage to the system. This project will occur after the irrigation season ends in late September. Recreation Center Slide Refurbishment and New Playground Features. Budget $ 35,270. The slide in the pool area is due to be refurbished due to excessive rust from the chlorine treated pool water. Several of the play features in the leisure pool will also be replaced. This work will occur during the spring shut down scheduled for May 2 to 6th. Whitewater Park Repairs. Budget $10,000. Several boulders have moved during the 2014 and 2015 spring runoffs impacting the effectiveness of the features. This project will adjust the boulders in the park so they operate as originally intended. This work will occur in the late summer after the spring runoff. Mall Improvements, Phase 2. Budget $15,000. The 2014 mall project did not include high-end streetscape furnishings from Lettuce Shed Plaza to Mikela Way because of the future redevelopment of the Seasons building and Lot B which will impact that segment of the mall. This project will upgrade the furnishings and materials to match the eastern segment of the mall after the completion of the redevelopment of the Seasons building and development of Lot B. Design fees are budgeted in 2016 to allow for coordination with the design of the Seasons remodel and Lot B hotel. Soft Surface Trail Improvement Program. Budget $150,000. The trails plan scheduled for completion in June will recommend a soft surface trail project for construction in the fall. STREET IMPROVEMENTS Avon Road/I-70 Interchange Pedestrian Improvements. Budget $ 88,000. The pedestrian experience along Avon Road underneath I-70 is important because it connects the Nottingham Road trail, Swift Gulch Road trail and the Nottingham Road neighborhood with the Town Core. It has poor connectivity, poorly placed light poles, and winter icing issues. The project will raise the western sidewalk from the roadway, replace the lighting and improve the safety in the area. This project is in the scoping phase and the design will be developed in the next couple of months and construction occurring in the fall. Metcalf Road Bike Climbing Lane and Asphalt Overlay. Budget $1,260,000. The project includes constructing a 4 to 6-foot wide bicycle climbing lane from Nottingham Road to Wildwood Road to improve safety for bicyclists. A downhill lane is not required because the bicyclists can ride fast enough down-hill with vehicle traffic. A full asphalt overlay is included for the project. The project is currently being bid out and construction will likely occur in June and July. Beaver Creek Blvd, Beaver Creek Place to Lake Street Walkability Improvements. Budget $203,746. This project will improve Beaver Creek Blvd from Lake Street to Beaver Creek Place to become less of a car oriented street to a more pedestrian and bicycle oriented street. Improvements will include road narrowing, on-street diagonal parking, enhanced pedestrian and bicyclist facilities, and intersection improvements at Sun Road and Beaver Creek Place. Town Core Wayfinding. Budget $ 45,000. New wayfinding is proposed throughout the Town Core to enhance the experience for the Town’s guests. The directional signs will be placed at major intersections and attached to existing streetlights when appropriate. Design Workshop, the firm design the Beaver Creek Blvd walkability project, will develop the design standards that can then be bid out to a sign manufacturer. The signs are planned to be installed by the end of July. Post Blvd Settlement Repair. Budget $ 75,000. There has been some settlement along a 100 Ft long stretch of Post Blvd between Fawcett Road and the I-70 interchange. The project will rebuild the road in the area, improving the drainage and drivability of the road and preventing further damage. Wildwood Road Repair. Budget $75,000. There has been some movement of the roadway along a 200- Ft long stretch of Wildwood Road above the Wildwood neighborhood. This project will rebuild the road in the area and prevent further sloughing of the road edge. West Beaver Creek Blvd, Lake Street to US 6 Slurry Seal. Budget $150,000. This project will apply a slurry seal treatment from Lake Street to US6. The striping will be modified to match the proposed striping for the Beaver Creek Blvd Walkability project. Roundabout 4 Town Center West Art Element. Budget $15,000. This central roundabout requires a distinctive monument to identify the Avon core. A specialized piece will be designed and constructed in June 2017 and replace the 2015 World Cup Element. The 2016 budget is to complete the design of the art element. BUILDING IMPROVEMENTS Fleet Maintenance Facility EPDM Roof Replacement. Budget $ 80,000. EPDM roofs have an expected life span of 20-years and the existing roof will reach its expected life in 2016. This project will replace the EPDM roof with a similar material this summer. Fleet Maintenance HVAC and Lift Upgrades. Budget $80,000. This project was originally to seal the fleet building floor but the scope is being revised to upgrade the HVAC system and improve the vehicle lifts. This work will be completed by the end of May. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst; Scott Wright, Asst. Town Manager Date: April 12, 2016 Re: 2016 Supplemental Budget Amendment Resolution No. 2016-11 Introduction It has been the practice in the Capital Project Fund to adopt a supplemental budget amendment in order to update beginning fund balance estimates, review capital improvement projects to determine if projects have been closed-out or if unspent project funds should be rolled forward. In a few instances, additional funds for existing projects are being requested or entirely new projects are being proposed. Below is a summary of the proposed revisions. The revised estimated ending fund balance meets staff’s recommended minimum fund balance3 of $1 million. Capital Projects Fund New Projects that are being proposed not previously included in the budget include the following: •Wayfinding Signage - $45,000. Signage ($20,000), plus 3 park direction signs ($10,000), Recreation sign ($20,000), and West Avon Preserve signage ($5,000) •2016 Safety Improvements for West B/C Blvd walkability - $30,000 •West B/ Blvd. RR Crossing Improvements - $10,000 Revised Projects included in the CIP long-range that are proposed to change in cost, scope, or timing: •Joint Public Safety Facility Project design costs - $44,140 •Transit Bus Shelters - $23,000. Bus shelters will be installed at the Stonebridge Drive, City Market, Buffalo Ridge and Avon Elementary bus stops •West B/C Blvd. Pedestrian Crossing- $15,000 •Eagle Valley Trails – Phase 3, under budget, project savings - $315,000 •Trails Master Plan - $6,410 •Pumphouse Pump Replacement - $50,000 Page 1 Rollover Projects that were included in the previous year budget that are not yet completed: •Joint Public Safety Facility Project design costs – $294,534 •Nottingham Park Playground Design - $71,034 •Walkability – East & West B/C Blvd. – $28,746 •Fullcourt Software, Municipal Court / Digital Ticketing project - $60,000 •Kronos Timekeeping Software - $3,201 Other Fund Considerations •A FTA-5311 Capital Funding Grant of $125,000 for transit bus shelters was not approved. These revenues have been eliminated from the budget. Project expenditures remain in the budget. •A GOCO grant of $154,900 for the restroom remodel project was not approved. These revenues have been eliminated from the budget. Project expenditures remain in the budget. •Added Operating Transfers-in from General Fun of $150,000d. Transfer-in from the General Fund are proposed in order to maintain an adequate reserve level in the Capital Project Fund of at least $1,000,000. •Revised beginning 2016 fund balance based on unaudited actual 2015 year-end results. The net impact to the overall ending fund balance of the Capital Projects Fund of all the above revisions is an increase of $496,677. The unreserved fund balance is revised to $1,039,620 from $679,055. Attachments: 1.Resolution No. 2016-11 2.Capital Projects Fund Supplemental Amendment No. 1 Page 2 TOWN OF AVON, COLORADO RESOLUTION NO. 16-11 SERIES OF 2016 A RESOLUTION TO AMEND THE 2016 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2016 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2016 AND ENDING ON THE LAST DAY OF DECEMBER, 2016 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2016 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2016; and WHEREAS, the Town Council finds it necessary to amend the 2016 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2016; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2016: Res. No. 16-11 April 12, 2016 Page 1 of 2 Original or Previously Amended 2016 Budget Current Proposed Amended 2016 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 5,354,135 7,671,806 6,510,553 $ 6,238,773 7,591,906 6,818,614 Ending Fund Balance $ 6,515,388 $ 7,012,065 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 12th day of April, 2016. AVON TOWN COUNCIL By:______________________________ Attest:________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Res. No. 16-11 April 12, 2016 Page 2 of 2 Page 1 Fund Summary Original or Proposed Prev. Amended Revised Difference Actual Budget Budget Increase 2015 2016 2016 (Decrease) REVENUES Taxes 2,369,314$ 2,100,000$ 2,100,000$ -$ Intergovernmental 40,000 2,158,434 1,878,534 (279,900) Investment Earnings 18,167 13,372 13,372 - Other Revenue 93,246 80,000 80,000 - Total Revenues 2,520,727 4,351,806 4,071,906 (279,900) Other Sources: Transfer In from Other Funds 2,095,000 820,000 1,020,000 200,000 Bond Issue Proceeds 3,800,000 2,500,000 2,500,000 - Total Other Sources 5,895,000 3,320,000 3,520,000 200,000 TOTAL REVENUES AND OTHER SOURCES 8,415,727 7,671,806 7,591,906 (79,900) EXPENDITURES Capital Improvements: Facilities 1,514,981 383,790 685,932 302,142 Land and Land Improvements 44,632 298,450 369,484 71,034 Roads and Streets 1,627,196 4,803,000 4,624,684 (178,316) Water Fund Projects - 100,000 150,000 50,000 Communications and Technology 7,037 - 63,201 63,201 Strategic Planning 51,050 - - - Other - 5,000 5,000 - Debt Service: Bond Issuance Costs 80,569 - - - Capital Leases 121,769 121,770 121,770 - Total Expenditures 3,447,234 5,712,010 6,020,071 308,061 Other Uses Operating Transfer-Out - General Fund 1,538,335 219,735 219,735 - Operating Transfer-Out - Debt Service Fund 578,106 578,808 578,808 - Total Other Uses 2,116,441 798,543 798,543 - TOTAL EXPENDITURES AND OTHER USES 5,563,675 6,510,553 6,818,614 308,061 NET SOURCE (USE) OF FUNDS 2,852,052 1,161,253 773,292 (387,961) FUND BALANCE, Beginning of Year 3,386,721 5,354,135 6,238,773 884,638 FUND BALANCE, End of Year 6,238,773$ 6,515,388$ 7,012,065$ 496,677$ Fund Balances Restricted For: Street Improvements 2,752,445$ 1,356,333$ 1,492,445$ 136,112$ Asphalt Overlay 240,000 480,000 480,000 - Assigned For: Avon Town Hall Relocation 1,425,000 1,500,000 1,500,000 - URA Town Center West Improvements - Bond Proceeds - 2,500,000 2,500,000 - Unassigned and Unreserved 1,821,328 679,055 1,039,620 360,565 Total Fund Balances 6,238,773$ 6,515,388$ 7,012,065$ 496,677$ Capital Projects Fund #41 Supplemental Amendment No. 1 Page 2 Original or Proposed Prev. Amended Revised Difference Actual Budget Budget Increase Description 2015 2016 2016 (Decrease) Taxes: Penalties and Interest 289$ -$ -$ -$ Real Estate Transfer Tax 2,369,025 2,100,000 2,100,000 - Total Taxes 2,369,314 2,100,000 2,100,000 - Intergovernmental: Federal / State: FTA-5311 Capital Funding Grant (Bus Shelters)- 125,000 - (125,000) MAP-21 Grant (CFDA 20.205)- 1,355,000 1,355,000 - GOCO Grant - Restrooms (59/41)- 154,900 - (154,900) Local Government / Other: ECO Grant - Traer Creek Bus Stop (50%)- 30,000 30,000 - Eagle County Trails Grant - Phase 3 - 453,534 453,534 - Asphalt Overlay Contributions - TCMD 40,000 40,000 40,000 - Total Intergovernmental 40,000 2,158,434 1,878,534 (279,900) Investment Earnings: Interest Earnings 20,633 13,372 13,372 - Net Increase (Decrease) in Fair Value (2,466) - - - Total Investment Earnings 18,167 13,372 13,372 - Other Revenues: Asphalt Overlay Contributions - Developer 80,000 80,000 80,000 - Donations and Contributions 10,000 - - - Project cost Reimbursements 2,194 - - - Nonclassifed 1,052 - - - Total Other Revenues 93,246 80,000 80,000 - Other Sources: Transfer In from General Fund: Short-term Loan 1,425,000 - - - Asphalt Overlay 120,000 120,000 120,000 - Unassigned General Fund Balance - - 150,000 150,000 Transfer In from Avon URA - 500,000 500,000 - Transfer In from Community Enhancement Fund - 100,000 100,000 - Transfer In from Water Fund - 100,000 150,000 50,000 Transfer In from Equipment Replacement Fund 550,000 - - - Bond Issue Proceeds 3,800,000 2,500,000 2,500,000 - Total Other Sources 5,895,000 3,320,000 3,520,000 200,000 TOTAL REVENUES 8,415,727$ 7,671,806$ 7,591,906$ (79,900)$ Revenue Detail Capital Projects Fund #41 Supplemental Amendment No. 1 Page 3 (1)(2)(3)(4)(1+2+4) Proposed Revised 2014 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11011 Town Hall Acquisition - 2014 5,822$ 27,795$ -$ -$ 33,617$ 33,617$ 33,617$ - Joint Public Safety Facility Project: 12003 Design - 69,606 - 294,534 364,140 320,000 364,140 44,140 I70 Transit / PW Facilities Improvement Project:- 13005 Public Works Facilities (On Site & Lot 5)662,985 41,046 - - 704,031 719,474 719,474 - Transportation Facilities: 14010 Fleet Maintenance EPDM Roof Replacement - - 80,000 80,000 80,000 80,000 80,000 - 14014 Fleet Maintenance Building Improvements - - 80,000 80,000 80,000 80,000 80,000 - 14011 Transit Bus Shelters (4)- 19,382 137,500 140,618 160,000 227,000 250,000 23,000 14012 Transit Bus Stop - Traer Creek Plaza 4,490 - 51,020 55,510 60,000 60,000 60,000 - Cultural and Recreational Facilities: 15012 Nottingham Park Pavilion 2,724,284 1,135,344 - - 3,859,628 3,870,000 3,870,000 - 15013 Recreation Center Exterior Renovation - 52,902 - - 52,902 52,750 52,750 - 15014 Recreation Center - Remodel - Phase 2 - 96,530 - - 96,530 98,530 98,530 - 15015 Recreation Center - Bouldering Wall - 48,646 - - 48,646 50,000 50,000 - 15016 Recreation Center - Slide Refurbishment - 23,730 35,270 35,270 59,000 59,000 59,000 - Land and Land Improvements: 21016 Nottingham Park Zone C Improvements - Playground De 3,966 - - 71,034 75,000 975,000 975,000 - 21017 Nottingham Park - Restroom Remodel - - 260,400 260,400 260,400 260,400 260,400 - 21021 Fishing Pier Repairs - 44,632 - - 44,632 75,000 75,000 - 21022 Eagle River Whitewater Park Repair - - 10,000 10,000 10,000 10,000 10,000 - 21023 Eaglebend Affordable Housing Landscaping Project - - 28,050 28,050 28,050 28,050 28,050 - Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 Supplemental Amendment No. 1 Page 4 (1)(2)(3)(4)(1+2+4) Proposed Revised 2014 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 Supplemental Amendment No. 1 Roads and Streets: Streetscape Improvements 31014 Avon Rd. Streetscape Update 242,052 27,683 - - 269,735 252,052 252,052 - 31015 2014 Mall Improvements 1,789,645 54,820 - - 1,844,465 1,992,703 1,992,703 - 31018 Post Blvd. Landscaping Improvements 308,986 2,320 25,000 25,000 336,306 363,986 363,986 - 31019 Post Blvd. Electrical Assessment and Street Lights 44,401 28,541 - - 72,942 78,000 78,000 - 31022 Avon Rd. / I70 Overpass Pedestrian Safety Imp.- - 88,000 88,000 88,000 88,000 88,000 - 31024 Roundabout #4 TCW Art Element - 10,000 15,000 15,000 25,000 255,525 255,525 - 31025 2015 Avon Rd. Landscaping Project - 398,174 - - 398,174 485,000 485,000 - 31026 Mall Improvements - Phase 2 - - 15,000 15,000 15,000 240,000 240,000 - 35003 Roundabout #4 TCW Feature 75,343 1,718 - - 77,061 60,000 60,000 - New Wayfinding Signage - - - 45,000 45,000 - 45,000 45,000 Annual Street Maintenance and Repair: 33015 2015 Paving/Road Improvements - 717,372 - - 717,372 729,684 729,684 - 32016 Buck Creek Bridge Repair - 280,865 - - 280,865 280,865 280,865 - 34025 West B/C Blvd. Pedestrian Crossing - 49,318 - 15,000 64,318 49,318 64,318 15,000 34032 West B/C Blvd. Slurry Seal - Lake Street to US 6 - - 150,000 150,000 150,000 150,000 150,000 - 32018 Post Blvd. Settlement Repair - - 75,000 75,000 75,000 75,000 75,000 - 32019 Wildwood Road Repair - - 75,000 75,000 75,000 75,000 75,000 - Street Improvements 34014 Metcalf Bike Lane - Phase 1 - 32,883 860,000 827,117 860,000 860,000 860,000 - 32017 Metcalf Bike Lane Overlay - - 400,000 400,000 400,000 400,000 400,000 - 34033 Walkability - East & West B/C Blvd.- 1,254 175,000 203,746 205,000 2,705,000 2,705,000 - New 2016 Safety Improvements - West B/C Blvd - - - 30,000 30,000 - 30,000 30,000 New West B/C Blvd. RR Crossing Improvements - - - 10,000 10,000 - 10,000 10,000 Multi-Modal/Alternative Mobility: 34015 Eagle Valley Trails - Phase 3 10,341 22,248 2,725,000 2,427,411 2,460,000 2,775,000 2,460,000 (315,000) 34016 Eagle Valley Trails - Undergrounding Project - - 100,000 100,000 100,000 100,000 100,000 - Recreational Trails Program: 34026 Trails Master Plan - - - 23,410 23,410 17,000 23,410 6,410 34027 Soft and Hard Surface Trail Improvements - - 100,000 100,000 100,000 150,000 150,000 - Page 5 (1)(2)(3)(4)(1+2+4) Proposed Revised 2014 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2015 2016 2016 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Capital Projects Fund #41 Supplemental Amendment No. 1 Water Fund Projects: 21020 Pumphouse Pump Replacement - - 100,000 150,000 150,000 100,000 150,000 50,000 Strategic Planning: 79111 Space Needs Analysis - 26,249 - - 26,249 30,000 30,000 - 79112 Tract G Feasibility Study - 24,801 - - 24,801 30,000 30,000 - Communications and Technology: 81008 Fullcourt - - - 60,000 60,000 60,000 60,000 - 81010 Timekeeping Software and Peripheral Devices 24,762 7,037 - 3,201 35,000 35,000 35,000 - Other: 93012 Historical Preservation - - 5,000 5,000 5,000 5,000 5,000 - Total Capital Improvement Projects 5,897,077$ 3,244,896$ 5,590,240$ 5,898,301$ 15,040,274$ 19,440,954$ 19,349,504$ (91,450)$ Original or Proposed Prev. Amended Revised Actual Budget Budget 2015 2016 2016 2017 2014B Bond Issue Proceeds 3,800,000$ NA NA Remaining Balance 2,616,333$ 2,752,445$ 1,492,445$ NA 33015 2015 Paving/Road Improvements 717,372 - - - 32016 Buck Creek Bridge Repair 280,865 - - - 32014 Metcalf Bike Lane Phase 1 - 860,000 860,000 - 32017 Mtecalf Bike Lane Overlay - 400,000 400,000 - 34025 West B/C Blvd. Pedestrian Crossing 49,318 - - - 34030 Eaglebend Dr. Repaving - - - 200,000 34033 Walkability West/East B/C Blvd.- - - 1,175,000 Total Expenditures 1,047,555 1,260,000 1,260,000 1,375,000 Remaining Balance 2,752,445$ 1,356,333$ 1,492,445$ 117,445$ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Jim Horsley, Project Engineer Meeting Date: April 12, 2016 Agenda Topic: Authorization to Issue Notice of Award for the Eagle Valley Trail – Beaver Creek to Stonebridge Dr. Project ACTION BEFORE COUNCIL Authorize staff to issue Notice of Award for construction of the Eagle Valley Trail – Beaver Creek to Stonebridge Dr. Project. PROPOSED MOTION I move to authorize issuance of Notice of Award for the Eagle Valley Trail – Beaver Creek to Stonebridge Dr. Project contract to the low bidder, Ewing Trucking & Construction, LLC, in the amount of $2,189,611 . DISCUSSION The project represents the last phase in completing the Eagle Valley Trail through Avon and will greatly improve safety by providing a route for pedestrians and cyclists removed from Highway 6. The Project consists of construction of approximately 2,640 feet of asphalt multi use trail, 14,891 SF of retaining wall, 1,934 tons of road base, 528 tons of asphalt, 1,586 feet of steel railing, placement of 1,170 feet of overhead electric and communications below ground, and path lighting. Staff advertised the Eagle Valley Trail – Beaver Creek to Stonebridge Dr. Project for six (6) weeks and the Bid Opening was held on March 21, 2016. Four bids were received; Johnson Construction, Inc. with a bid of $2,278,480, Ewing Trucking & Construction LLC with a bid of $2,189,611, United Companies with a bid of $3,079,964, and Schofield Excavation, Inc. with a bid of $3,272,728. The low bid is within the approved budget as presented to Council on December 8, 2015 and, as approved in the Town of Avon 2016 Capital Projects Fund. Award of the contract is contingent upon Colorado Department of Transportation approval of staff’s recommendation to award to Ewing Trucking & Construction, LLC. Construction could begin as early as mid-April and be completed this summer. BUDGET The Town is partnering with CDOT and ECO Trails in constructing the project. Funds and anticipated construction costs, including 10% contingency, are outlined in Table 1:  Page 2 Table 1: Eagle Valley Trail – Beaver Creek to Stonebridge Dr. Budget Estimate Funding Source Amount Town of Avon $672,000 ECO Trails Contribution $453,000 CDOT Grant $1,355,000 Total Available Funds Budget $2,480,000 Construction Costs Amount Ewing Trucking & Construction, LLC $2,189,611 Utility Relocation $46,428 Engineering & Geotechnical Testing $25,000 Construction Contingency (10%) $218,961 Total Estimated Construction Costs $2,480,000 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Jim Horsley, Project Engineer Meeting Date: April 12, 2016 Agenda Topic: Preauthorization to Issue Notice of Award for the Metcalf Road Bicycle Climbing Lane Project ACTION BEFORE COUNCIL Preauthorize staff to issue Notice of Award for construction of the Metcalf Road Bicycle Climbing Lane Project, provided the low bid is within budget, as approved in the Town of Avon 2016 Capital Projects Fund. If the bids are not within budget, the Notice of Award will be delayed and options will be presented to Council at the May 18, 2016 meeting. PROPOSED MOTION I move to preauthorize issuance of Notice of Award for the Metcalf Road Bicycle Climbing Lane Project contract, provided the low bid is within budget, as approved in the Town of Avon 2016 Capital Projects Fund. DISCUSSION The Metcalf Road Bicycle Climbing Lane Project consists of road widening to accommodate a 4’ to 6’ wide bicycle climbing lane in the uphill lane, milling, asphalt repair, asphalt overlay and striping between Nottingham Road and Wildwood Road. Also included in the project are drainage improvements through the commercial area on the lower east side. Staff advertised the Metcalf Road Bicycle Climbing Lane Project for three weeks beginning on March 24, 2016 and an April 15, 2016 bid opening is scheduled. Construction could begin in May and be completed this summer. The Project will restrict access or require temporary lane closures during construction. Outreach to citizens, businesses, and emergency services will be coordinated by staff and the contractor. BUDGET The Project is funded through the Town of Avon 2016 Capital Projects Fund with a current budget of $1,260,000. Anticipated construction costs are outlined in Table 1: Table 1: Metcalf Road Bicycle Climbing Lane Project Budget Estimate Line Item Amount Construction $1,250,000 Engineering & Geotechnical Testing $10,000 Total Estimated Construction Costs $1,260,000 www.vailvalleytrailconnection.org Mission: To become world-renowned for our soft trail network that enables people of all physical capabilities to enjoy the outdoors. Purpose: We will accomplish our mission through a vigorous public-private partnership that will have a coordinated and countywide effort to enhance our lifestyle, bring people together and drive economic vitality in the Vail Valley by: • Increasing the number, mileage, quality and connectivity of soft trails in our network • Promoting trail stewardship by maintaining existing trails, re-routing and re-vegetating unsustainable trails and closing illegal or bandit trails • Promoting multiuse trails for hikers, fishermen, dirt bikers, mountain bikers and other trail enthusiasts • Developing a coordinated guide to and improved signage for the trails • Creating a summer recreation and tourism product that equals the Vail Valley’s winter product and promoting it locally, regionally, nationally and internationally • Obtaining an IMBA Gold Ride Center designation. FOUNDING MEMBER UPDATE 2016 WHY WE’RE HERE •  VVTC MISSION & PURPOSE •  REVIEW 2015 ACCOMPLISHMENTS •  PLAN FOR 2016 •  YOUR ROLE WITH VVTC                   Mission To become world-renowned for our soft trail network that enables people of all physical capabilities to enjoy the outdoors.   COMMUNITIES: EAGLE COUNTY TOWN OF VAIL TOWN OF AVON EAGLEVAIL TOWN OF EAGLE TOWN OF GYPSUM ! NON-PROFITS: HARDSCRABBLE TRAILS COALITION VAIL VALLEY MOUNTAIN BIKE ASSOCIATION VAIL VALLEY PARTNERSHIP ROCKY MOUNTAIN SPORT RIDERS PRIVATE SECTOR: EAST WEST RESORTS ROADHOUSE HOSPITALITY ACCESS REAL ESTATE SSF REAL ESTATE SONNENALP HOTEL ELEVATION RESORT MGMT FOUNDING MEMBERS THREE DELIVERABLES (Q4 2014-PRESENT): GRANT WRITING: •$24,OOO NATIONAL FOREST FOUNDATION GRANT FOR ENDO ALLEY, EDWARDS •PARTNERSHIP WITH USFS AND VVMBA •NFF BLOG AND REPORTING EAGLE COUNTY TRAILS MASTERPLAN: •COMPILED ALL EXISTING DOCUMENTATION AND COMBINED INFORMATION (WEB) •USED FOR PLANNING WITH PARTNER AGENCIES AND PUBLIC PROCESS IMBA RIDE CENTER DESIGNATION: •2016 APPLICATION •CONSULTED WITH IMBA STAFF AND REPRESENTATIVES •501(C)6 ORGANIZATION •“IN-TANDEM” PARTICIPATION WITH PARTNER NON-PROFITS ORGANIZATIONS •NAMED AND FORMED ORGANIZATION •CREATED LOGO •ASSEMBLED BOARD OF DIRECTORS •CONTINUE TO HOLD OPEN ATTENDANCE MEETINGS AND BOARD OF DIRECTOR MEETINGS ! BOARD + ORGANIZATION FORMATION: •RICH CARROLL, PRESIDENT •MATT THOMPSON, VICE-PRESIDENT •YURI KOSTICK, SECRETARY •PAMELA DAVIS, TREASURER •BOARD MEMBERS: •CHARLIE SHERWOOD •MIKE BRUMBAUGH •JOHN SHIPP •MIKE BEACH •JAMIE MALIN •SCOTT PRINCE •AMY CASSIDY •JILL RYAN, COUNTY REPRESENTATIVE (NON-MEMBER) ! ! BOARD OF DIRECTORS: FUNDING AND FINANCIAL POSITION: 2014 FUNDING GOAL: •$96,000 2015 FUNDS: •$56,000 2015 FUNDING PARTNERS: •TOWN OF VAIL •TOWN OF AVON •TOWN OF EAGLE •TOWN OF GYPSUM •EAGLE-VAIL •EAGLE COUNTY •HARDSCRABBLE TRAILS COALITION •VAIL VALLEY MOUNTAIN BIKE ASSOCIATION •VAIL VALLEY PARTNERSHIP •EAST WEST PROPERTIES •ROADHOUSE HOSPITALITY •ACCESS REAL ESTATE •SLIFER SMITH & FRAMPTON REAL ESTATE •SONNENALP HOTEL •ELEVATION RESORT MANAGEMENT PROJECT UPDATE (Q4 2014-PRESENT): MARKETING AND PR: •LOGO AND PRESS RELEASES •VVP RADIO SHOW, EMAIL BLAST •FACES OF THE VAIL VALLEY - VISIT VAIL VALLEY OFFICIAL VISITOR’S GUIDE •NATIONAL AND REGIONAL PUBLIC SPEAKING •OEDIT MEETINGS •CO BICYCLE SUMMIT •NATIONAL BICYCLE TOURISM CONFERENCE •SIA - THE ASSEMBLY •CO STATE SENATE •IMBA WORLD SUMMIT •INTERNATIONAL TRAIL BUILDERS SUMMIT PROJECT UPDATE (Q4 2014-PRESENT): MARKETING AND PR: •LOCAL, REGIONAL & NATIONAL MEDIA STORIES •BIKE MAGAZINE •DIRT RAG •VAIL DAILY ON THE HILL •OUTSIDE ONLINE •ELEVATION OUTDOORS •5280 MAGAZINE •GRINDTV.COM •BIKERADAR.COM •303CYCLING.COM •VAILREALESTATE.COM •OUTTHERECOLORADO.COM •COLORADO SPRINGS GAZETTE PROJECT UPDATE (Q4 2014-PRESENT): COORDINATED SIGN PROJECT: •EAGLE COUNTY, TOWN OF EAGLE, TOWN OF AVON, TOWN OF VAIL, EAGLE-VAIL •STANDARDIZED INFORMATION •INDIVIDUAL COMMUNITY IDENTITY AND BRANDING ADMINISTRATION: •SET MEETINGS, AGENDAS •BILLING, AR, ACCOUNTING PROJECT UPDATE (Q4 2014-PRESENT): COORDINATED PROJECT LIST: •SPEARHEAD THE FORMATION OF PROJECT PRIORITIES •COLLABORATE WITH PARTNER PUBLIC LAND AGENCIES - USFS, BLM, EVLT, ETC •ADVOCATE AND SERVE AS THE “VOICE” FOR THE LOCAL SOFT TRAIL COMMUNITY •MTB PROJECT •ONGOING AND CONTINUING EFFORT vailvalleytrailconnection.org 2016 WORK PLAN •  COMPLETE TRAILS MASTER PLAN •  5-YEAR BUSINESS PLAN •  EVALUATE LONG-TERM FUNDING SOURCE •  IMBA RIDE CENTER APPLICATION •  MID-YEAR UPDATE YOUR INVOLVEMENT •  APPROVAL OF VVTC’S DIRECTION QUALITY OF LIFE FOR RESIDENTS BUSINESS & ECONOMIC DEVELOPMENT •  RESOURCES TO ASSIST WITH MASTER PLAN •  FACILITIES AND DATABASE FOR OPEN HOUSE •  LETTER OF SUPPORT FOR IMBA RIDE CENTER APPLICATION Post Office Box 975 One Lake Street Avon, CO 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY April 12, 2016 International Mountain Biking Association Jason Bertolacci Colorado/Wyoming Director COMBA Executive Director PO Box 20280 Boulder, CO 80308 Dear. Mr. Bertolacci; This letter is being written to express the Town of Avon’s enthusiastic support for the Vail Valley Trail Connection’s (VVTC) application for an IMBA Ride Center designation. VVTC has a superb public private partnership in Eagle County. VVTC also is working very well with the local IMBA Chapter, Vail Valley Mountain Bike Association, Hardscrabble Trails Coalition, Rocky Mountain Sport Riders, and each of the local municipal governments, the Eagle County government, the US Forest Service and BLM here in Eagle County. The IMBA Ride Center Designation will show our residents and guests how valuable a comprehensive soft trail network and related amenities are. It will also further the VVTC goals of creating a world renowned soft trail network while providing sustainable trails in Eagle County, and making sure all the soft trail user groups and people of physical capabilities are cared for, have a place to play and enjoy the outdoors. The IMBA Ride Center Designation will most certainly drive economic vitality, provide a healthier lifestyle for our residents, and provide another reason for people to live, work, and play in Eagle County. Thank you for our thoughtful consideration of the VVTC application. The Town of Avon looks forward to celebrating an IMBA Ride Center Designation in 2016. Best Regards, Jennie Fancher, Mayor On behalf of the Avon Town Council cc: Avon Town Council TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Date: April 12, 2016 Agenda Topic: Presentation by Holy Cross Energy of 2015 Community Enhancement Fund Rebate ____________________________________________________________________________________ Mr. Steve Casey, Manager Member Services and Mr. Rick Arnold, Avon Office Senior Manager, representing Holy Cross Energy and its Community Enhancement Fund, will present the 2015 refund check of $77,472.90. Since 1997, these funds have been distributed to fund “programs designed to make a difference in people’s lives and the communities in which they reside.” Annual refunds are based on one percent of the electric revenue collected within the respective municipal boundary. Beautification and energy conservation projects, equipment and technology upgrades for schools, scholarships, open space or park land acquisition, special community events and undergrounding of overhead electric/utility lines represent the eligible programs. Monies received this year are budgeted for the 2016 undergrounding of the overhead lines along the Eagle County regional trail segment. The next project targeted for the refund funds is the Harry A. Nottingham Park playground replacement. Past year projects are listed below. It is an honor and pleasure to have Mr. Casey and Mr. Arnold present the refund at Tuesday’s meeting. They have been a pleasure to work with over the years and exemplify Holy Cross Energy’s commitment to the Community Enhancement Fund objectives. Energy Audit 26,252 Whitewater Rodeo 36,000 LED Holiday Lighting 10,800 Appraisal for Open Space 15,000 Fleet Maintenance Lighting 20,000 Ironkids 30,000 LED Holiday Lighting 10,000 Avon Rec Center Lighting 29,000 Ironkids 20,000 Nottingham Park Pavilion 40,000 Fishing Pier 20,000 Ironkids 10,000 Avon Mall Improvement 608,000 PZC Appointments  April 12, 2016 Town Council Meeting                                                Page 1 of 6    TOWN COUNCIL REPORT To:   Honorable Mayor Jennie Fancher and Avon Town Council  From:    Matt Pielsticker, AICP, Planning Director        Meeting Date: April 12, 2016 Meeting     Agenda Topic:  Planning and Zoning Commissioner Appointments    ACTION BEFORE COUNCIL   Vote on three (3), two year positions on Planning and Zoning (PZC) Commission.   Vote on one (1), one year position on PZC.  SUMMARY  The Community Development Department received four (4) applications for four (4) open positions on the  Avon PZC.   There will be three (3) two year terms expiring in May, 2018, and one (1) one year term expiring  in May, 2017.  Interviews and then appointment of members to the PZC is included on the April 12, 2016  Town Council meeting agenda.  Below is a summary of the positions expiring and the continuing members:    Expiring Terms (5/1/16 Term Expiration)  *John Minervini    Retired / Avon Resident    *Jared Barnes    Multi‐modal Planner / Avon Resident    Phil Struve     Retired / Avon Resident     *Members with expiring terms that have re‐applied    Vacant Term Expiring May, 2017  [Chris Lubbers]     Resigned based on revised eligibility requirements     Continuing Members with Terms Expiring May, 2017  Jim Clancy      Beaver Creek Resort / Avon Resident   Tab Bonidy     Architect, Tab & Associates / Avon Resident  Lindsay Hardy    Real Estate / Avon Resident     ROLE OF PZC   The role of the PZC is to review and recommend to the Town Council desirable or necessary modifications  to the zoning ordinance, subdivision regulations, and to review and approve design review procedures and  criteria as they relate to the zoning ordinance.  The PZC acts as the Design Review Board of the Town and  performs all duties and exercises related thereto.  Making recommendations to Comprehensive Planning  documents, updates to long range plans and special projects and assignments is another essential function  of the PZC.  PZC Appointments  April 12, 2016 Town Council Meeting                                                Page 2 of 6    Given the dual role in dealing with both zoning and design review authority for the Town, the Avon  Municipal Code recognizes that a balance in membership is necessary between the lay community and  industry professionals.    MUNICIPAL CODE REQUIREMENTS – Attachment A  The Avon Municipal Code (‘AMC”) requires that at least five (5) members shall be registered electors of  the Town at the time of their appointment.  The AMC also recommends that a minimum of two (2) to  three (3) industry professionals hold positions at all times, and that two (2) of these professionals be  architects, landscape architects or designers.    After consideration has been given first to industry professionals, the AMC states that Council should then  consider the following criteria in descending order:  1. Registered electors of the Town shall be preferred over persons who are not registered electors.  2. Persons having special skills and experience of particular value to the Commission should be  preferred over persons who do not.   APPLICANTS – Attachment B  As of Wednesday,  April 6, 2016, the Town received seven (7) applications for the open seats, two (2) of  which are current members of the commission.   In late 2015 after Chris Lubbers resigned the  announcement was posted to the Town’s website and in the Vail Daily.  Based on limited interest and the  upcoming May vacancies Staff decided to repost and provide additional outreach to the Community.   The  advertisement was once again listed on the Town’s website; for 2.5 weeks leading up to the April 6, 2016  deadline a larger color advertisement space in the Vail Daily was filled.  The Vail Daily directed interested  people to go online to www.avon.org/jobs for more information.  Once on the website, the advertisement  directed applicants to provide a letter of interest, resume, and a list of three references.     On March 30, 2016 a large advertisement was placed in the Vail Daily to garner additional interest in the  positions.   That advertisement directed applicants to provide a letter of interest, cover letter, and at least  two references.     The information received from applicants is attached to this report for your review as Attachment B.   During the Regular Meeting, the agenda includes time to interview each applicant. The interview order,  organized first with current members who have reapplied, and then by the date applications were  received, is as follows:    1. John Minervini (current PZC member) – Retired – Avon Resident   UNABLE TO ATTEND  INTERVIEW     2. Jared Barnes (current PZC member) – Multi‐modal Planner – Avon Resident  3. Matthew Debrowolski – Radiographic Technologist – Avon Resident   4. Marty Golembiewski – Civil Engineer – Avon Resident  5. Kenneth Howell – HR Generalist for Beaver Creek – Avon Resident   6. Mark Strass – Vilar Center crew/Beaver Creek Ski School Supervisor – Eagle‐Vail Resident  7. Tim Thompson – Energy Engineer –Eagle‐Vail Resident    PZC Appointments  April 12, 2016 Town Council Meeting                                                Page 3 of 6    Each applicant will be interviewed for up to 30 minutes, after which the Council will reconvene and vote on  appointments.    STAFF RECOMMENDATION  Staff recommends the Council seek insight into each applicant’s interests and added value carrying out  work in the following areas of work in the next two years:       Comprehensive Planning – Public Outreach Tactics – Update to Master Plans    Multi‐modal Planning    Walkability Improvements (i.e. wayfinding)   Design Review and Zoning Applications (i.e. Wildridge zoning Amendments)    After interviews, Council will vote (open or closed) on the four (4) appointments.  Since one (1)  of the  seats is for a one (1) year term it is fair to ask each applicant, if they were selected, whether there is interest  in one (1) year versus a two (2) year term to assist with the appointment process.    ATTACHMENTS  A – Avon Municipal Code §7.12.040, Planning and Zoning Commission  B – Applicant Information    PZC Appointments  April 12, 2016 Town Council Meeting                                                Page 4 of 6    Attachment A 7.12.040 Planning and Zoning Commission. (a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the Town. The purposes of the Planning and Zoning Commission (PZC) are as follows: (1) To implement the goals and policies of the Avon Comprehensive Plan; (2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its environs, that will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (3) To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. (5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting as the design review board are as follows: (i) To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (ii) To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; (iii) To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and (iv) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. (b) Duties. The PZC shall have the following functions and duties: (1) Review development applications, amendments to the Avon Comprehensive Plan and amendments to this Development Code, provide recommendations to the Town Council and render decisions as such authority is indicated in this Chapter 7.12; PZC Appointments  April 12, 2016 Town Council Meeting                                                Page 5 of 6    (2) Upon request and direction by the Council, make and recommend plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof; (3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the Town, and provide comments and recommendations thereon to the Council; and (4) Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the Town, code text amendments that address design review procedures and criteria and any design review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items. (c) Membership. The PZC shall be composed of seven (7) members appointed by the Council. (d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not. (e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. (f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below. (g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. (h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing. (i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its PZC Appointments  April 12, 2016 Town Council Meeting                                                Page 6 of 6    meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. (j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a PZC member. (k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC. (l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. (n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC. (o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting. (p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis. (Ord. 10-14 §3) LETTER OF RE-APPLICATION FOR AVON PLANNING & ZONING COMMISSION – April 6, 2016 To the members of the Avon Town Council, I am sending this letter to request your re-appointment to the Avon Planning & Zoning Commission, where I have been a Commissioner since 2011. I will not seek Avon elective office again (two strikes is enough for me!), but serving my town on the PZC is something I do well. With Phil Struve's departure only Jim Clancey and I will have served long enough to have first hand knowledge of the Traer Creek hearings. Please excuse my absence at your April 12 meeting and interviews. I am in Florida attending to family matters (on the Minervini side). Thank you for your consideration. John Minervini 5684 Wildridge Road East Avon, CO 91620 ATTACHMENT B April 5, 2016 Mrs. Peggy Hatley Human Resources Department Town of Avon One Lake Street PO Box 975 Avon, CO 81620 Dear Mrs. Hatley, I am very pleased to present you with this cover letter and my resume for consideration in your search for the best candidate to fill the Planning and Zoning Commissioner position. Upon reading the job description posted online and performing in this capacity for the past year, I am confident that my professional planning experience and education provide a perfect match for this position. As outlined in my attached resume, I will bring to your municipality a broad range of skills and firsthand knowledge of the development issues facing the Town of Avon, including:  Experience as a Town Planner and Transportation Planner which are skillsets not currently represented on the Planning and Zoning Commission and will assist the Town and applicants in receiving comprehensive and well-rounded feedback on the variety of proposals presented to the board;  Detailed knowledge of the Avon Municipal Code, Avon Development Code and the processes therein;  Recognition of the codified language and design standards, as well as their intent, and the ability to apply those standards to applications under consideration of the Planning and Zoning Commission;  Comprehensive understanding of and the ability to implement the existing Avon Comprehensive Plan, West Town Center District Investment Plan, East Town Center Plan, Avon Comprehensive Transportation Master Plan, Harry A. Nottingham Park Master Plan, and other long range planning efforts;  Understanding of the roles and relationships between the Town Council, Staff and the Planning and Zoning Commission.  Familiarity with the Village at Avon development agreement and PUD and an understanding of the relationship between their design review board and the Town’s Planning and Zoning Commission; I sincerely ask you for the opportunity to discuss my credentials, and ability to enhance your team’s success. I appreciate your time and consideration. Respectfully yours, Jared Barnes ATTACHMENT B To: 9709499139 From: (9704706628) 01/29/16 11:04 AM Page i of 5 Fo It of Avoll I I.ake Street Doblvwolski fit on (. 4) N 1 620 ON.> 1.11771 I;11111c \N . Dobrowol-, i v \ IIIC,c o)III Dkkor 1 o\ n :fin on hoard nne Izihers, I I—Qad aht.lut ;II'I of }enin`-t on your Zoning and Pkistnin` c:ornmittec. I'd he interested ill ;thpl ins'. 161. IIIQ posit.ion. I've h, on in the vallc:'y' IN the last. si\ 'COVS ..Ind \Vottld wt;lt:oil 0 the oPh0rtutti1V to l;irlicil;lle in tho 1' & 1. Commission. Vv \ \hit:ll I", eliclosQd. cont iins;Alilltln:ll Inlorn1:11Ion tlil illy e \hcrielil.o in Alllti. I A looking lbr"nrd to typporttinin 10 diSCUtiS (or the lwwio n. I'cel lrec to cont,lrl Inc. Icy' Illlc>nc all! or OliudL I'lease lisle a Inessuge II I :Intl mvi AL and I \t ill inii •II 1,mr W thy' next doy I hI lrik mi \c,io nntich Or ion iicicrin, M r'tlu:tit. 1oIIll<7\\ OohroNwl, lki ATTACHMENT B To: 9709499139 From: (9704706628) 01/29/16 11:04 AM Page 4 of 5 Matthew 1, Dobrowolski Cell – 269.251.8771 Email – Dobber- 1290 @hotmail,com Radiographic Technologist R.T. (R) Profile: I am interested in filling a role for a facility where I can utilize my strong planning and problem solving skills. I work well independently or as a member of a team. I'm a self - motivator and task oriented. I am capable of readily adapting to change while juggling multiple priorities and meeting tight deadlines without compromising the quality of my work. I am looking for an opportunity to exceed the expectations of my future employer. Education: Ferris State University – Big Rapids, MI Bachelors of Science for HCSA 2010 Health Care Systems Administration) Ferris State University – Big Rapids, MI Associates of Science for Radiography 2009 Board Certified through The American Registry of Radiologic Technologists March – 2014 4460677 Centreville High School Graduate – Centreville, MI Updated Certifications: ASRT Member 2016, Red Cross lifeguard/ CPR /AED /First Aid 2016, American Heart Association CPR /AED 2016, Proficiency in Phlebotomy, Michigan /Colorado Substitute Teaching license 2013. CHSAA Registered official 2016, and an Election official 2010. Office 5kills: Office Management, Records Management, Database Administration, Spreadsheets /Reports, Event Management, Calendaring, Front -Desk Reception, Executive Support. Computer Skills: MS Word, MS Excel, MS PowerPoint, MS Database. HBO, Cenner, Experience /Work References: Vail Valley Medical Center -Vail, CO Radiography Tech, Admissions Rep I ER /AUC, 2011 ski season - 2012 For this position I was responsible for patient - facing registration and associated tasks, which include information collection and validation and requisitioning of orders and services Insurance related tasks include verification, medical necessity screening, and collection of co- payments and associated paperwork. Additionally, I also performed radiography exams and order entry; for activate registrations, report admissions & transfers, and other duties as assigned. Supervisor: KC Baker Director of Imaging 970 -4797 -7205 ATTACHMENT B To: 9709499139 From: (9704706628) 01/29/16 11:04 AM Page 5 of 5 Vail Resorts Beaver Creek- Avon, CO Ski Patrol Department, 2011 skiseason. I was apart of the dedicated safety crew called Mountain Safety (aka Yellow Jackets) which consisted of staff from the Beaver Creek Guest Services and Ski Patrol departments. For this job I regularly patrolled, monitored, and enforced certain areas on the mountain for slow and responsible skiing and riding, Supervisor: CJ Rusin Phone # 970- 710 -1220 References: Sandy Brunette Co- worker 970 - 376 -3123 Mari Salmi Co- worker 970 - 376.1163 Kathie Mcneill Co- worker 970 -471 -1237 ATTACHMENT B P.O Box 539 Avon, CO 81620 (970) 376-3128 February 29, 2016 Dear Sir or Madam, I am writing to express my interest for the Town of Avon Planning and Zoning Commission Member position. I am a current Town of Avon resident and first move to Avon in the fall of 1998. I am very familiar with the Town of Avon as I live, work and enjoy the many activities in the Town and the surrounding area. I am a Civil Engineer with a strong knowledge of civil engineering principles and practices. I possess a Professional Engineering License and a Bachelor of Science from Syracuse University in the field of Civil Engineering. I have experience as a design engineer and I also have construction experience working in the field of land and site development. I believe my eagerness and desire to learn, combined with the knowledge I have gained from working in development would make me a valuable asset to the Town of Avon. I am looking forward to discussing this opportunity with Town Staff in the near future. Thank you for your time and consideration. Sincerely, Martin Golembiewski ATTACHMENT B Letter of Interest for Avon Planning and Zoning Commission seat Avon Town Council, My name is Kenneth J. Howell and my story begins in Clarksville, TN. I attended college in my hometown at Austin Peay State University, where I received a Bachelor's in Science, with a degree in Public Management and a concentration in Urban Planning. I have lived in Saratoga Springs, NY and Spokane /Seattle, WA in my time leading up to making the best decision of my life. After 6 years of living in Avon, I feel like the time is right to share my skills and passions with the place I have chosen to call home. In November 2008 1 had the fortunate opportunity to move to the Vail Valley. After 2 years working at The North Face in Lionshead, I accepted a Store Manager position at The North Face in Beaver Creek. This was certainly a turning point in my life that came with a multitude of changes. I knew I would need to live down Valley as I was living in East Vail at the time. I looked at all of the towns possible, yet something about Avon really stood out to me. The proximity to work, the beautiful Lake and Park, are some of the aspects that intrigued me. More importantly, as I started to dig deeper I wanted to live in a place that had a strong sense of community as well as opportunities to be involved in the Civic realm. Avon overwhelmingly fit that mold for me, and I cannot be happier with my decision. I have taken the time and opportunity to network with a lot of local businesses and community leaders to understand the history of this town as well as what we need to consider as we are moving forward. Coming from a small town that is dealing with the failures of a lack of proper planning, to living in much larger cities that have very developed plans, I have a unique insight to what possibilities may come to light as we look to grow into our next 50 years. I feel extremely confident in my ability to collaborate and weigh multiple viewpoints in making proper decisions entrusted to this Commission. Having varied management opportunities have honed my skill in mediation and organization. I perceive that these tools would be very handy in these roles. I have chosen Avon to be the town I want to call home and I would enjoy nothing more than to be able to give back to the community through this opportunity. This past September I was selected as a Team Leader for a volunteer opportunity which offered me a chance to challenge my Leadership Skills on the other side of the world with people from all over the world. Our main objectives were in community development including both rebuild /recover and community relations. After having success in that environment, with social aspects completely foreign to me, I feel very passionately about my ability to help achieve a positive result in this role in this community. Avon has a diverse population and I feel this experience has prepared me for this role. Selecting me for the Planning & Zoning commission would bring another highly motivated, community conscience, passionate member to you ranks. My education in Planning focused primarily in Community Development and Community /Business Relations. This coupled with my passion for Volunteerism and Community growth would make me an ideal candidate for this Commission. My goal would be to balance aesthetics and environment with growth, recreation, and commerce when making suggestions to the Avon Town Thank you for your consideration and I look forward to an opportunity to speak with you further about how I can be an asset to the Town of Avon. Sincerely, Kenneth J. Howell ATTACHMENT B PO Box 4052 931- 320 -1852 Avon, CO 81620 khowell@vailresorts.com Kenneth J. Howell Education Austin Peay State University 09/99 -05/03 & 08/04 -05/06 Clarksville, TN Bachelor's Degree in Public Management- Concentration in Urban Planning President of Pi Kappa Alpha fraternity and Order of Omega Member of Omicron Delta Kappa. Volunteerism included setting up Programs and Events for various non - profits (including Habitat for Humanity, Humane Society, and Ronald McDonald House), and as a youth mentor at an elementary school. Employment 11/14- Current HR Resources Generalist, Beaver Creek Ski Resort Business Partner with Village Operations, Skier Services, and Hospitality here at Beaver Creek Ski Resort Provide system support to managers and have helped facilitate multiple departmental reorganizations. Work with managers to support hiring, coaching, discipline, and separation challenges. Including paperwork, conversations, and other questions. Work directly with Broomfield on piloting new programs for a company -wide rollout of new HR processing system functionality. Participated in our Epic Volunteers program through a volunteer trip to Nepal. I was the Team Leader for a group of 10 international volunteers through Global Volunteer Network. As a member of out the Epic Promise local team: I focus on promotion and execution of EpicPromise Day, promoting volunteerism in our community, and I sit on our Grant Review team as well. I serve as a Community Liaison for the Eagle Valley Land Trust and the Colorado Ski and Snowboard Museum 11/08 -11/14 Store Manager, The North Face Retail Store -Vail & Beaver Creek, CO Hired as a Sales Associate and then promoted to Assistant Manager within 2 months. I spent 2 seasons working as Asst. Manager at our Lionshead location, and then promoted to the Store Manager position at our Beaver Creek location. I was responsible for closing the original ocation and organizing the opening of our new location. Our team has surpassed 2007 record sales levels in this past year. The last 5 years has extended my knowledge of TNF product with the ability to train others on new product or product changes. Responsible for interviewing, hiring, and training an in- season staff of 6 associates. My management style is team - focused with an interest in helping my staff reach their utmost potential. Selected, in 2011, for our inaugural SSV Leadership Expedition for high performing managers. I have been an active supporter and participant in LIFT trainings, inspiring my staffto do the same. This training has allowed me to confidently train, support, and develop our staff. 2013 -2014 Spirit ofBeaver Creek Award Winner ATTACHMENT B 04/08- 11/08- Team Leader, Dick's Hunting & Outdoor Adventure Tour Presented by Mobile Media Enterprises Traveled across the US promoting Hunting and Outdoor Equipment. Maintained adequate product knowledge and demonstration of product as well as sales quotas. Assisted in coordinating setup and breakdown, as this is a massive undertaking. Effectively trained and managed a crew of 8. Maintained a travel mileage log as well as a budget ofmy expenses for company compensation and tax purposes. Other Skills & Extracurricular 0 I am proficient in Microsoft Office Applications. Being Outdoors is my passion. I enjoy hiking, backpacking, biking Snow- skiing, fly - fishing, rafting, golf, the mountains, and the open ocean. Networking is a great skill of mine, I always enjoying meeting new people and learning more about where they are from and what is important to them. Other interests include composing poems and watching live music. ATTACHMENT B April 5, 2016 Re: Kenneth J. Howell Avon Planning & Zoning Commission Applications To whom it may concern; Please let this letter serve as a recommendation for Kenneth J. Howell for a spot on the Avon Planning & Zoning Commission. Kenneth has worked for Vail Resorts since November 2008, in Beaver Creek since 2010. He initially came on as a Manager for our North Face Store and then joined the Beaver Creek Human Resources team in November of 2014 as and HR Generalist. During the time that I have known Kenneth he approaches every opportunity with enthusiasm and a desire to learn. He has lead employee recognition events and participated in the Company's Epic Promise volunteer program and truly promotes our values and mission to create an Experience of a Lifetime. He truly cares about the people around him, the environment he lives in and his community. Please let me know if you have any questions or if I can provide further information on Kenneth and thank you for your consideration. I can be reached at (970) 754 -5264 or by email at lynner@vailresorts.com. Sincerely, ynne Rossman BC Human Resources Director lar ATTACHMENT B 4/5/16 To Whom It May Concern: I strongly recommend Kenneth Howell for the Avon Planning and Zoning Commission. Knowing Kenneth for over two years, his passion for his community is present through aspects of his personal and professional life. Kenneth is the first to volunteer at a variety of events benefiting the community and he continually expresses interest in how the Avon community can continue to grow in a positive direction. As a small business owner I also see the benefits of having Kenneth's passion, insight and contribution to this committee. I trust his integrity and approach, knowing he has the best interest of the locals who live and work here year round at heart. Kenneth has strong relationships throughout this community. He is dependable and honest. He shows innovation in his ideas and the ability to follow through with action. You will not be disappointed by electing Kenneth to your committee. Please d-o not hesitate to contact me for more information. Thankyou! Jessica Waclawski Owner of Awaking Awareness 303.717.0801 jessicawaclawski @gmail.com ATTACHMENT B March 5th, 2016 Dear Avon Town Council, It is with great pleasure that I write this recommendation letter for Kenneth Howell in consideration to be a board member for the Avon Planning Commission. I have worked with Kenneth for the last 6 years. Kenneth is an inspiration to those around him and has many skills that would make him an asset to the board. Kenneth is highly involved in our local community - EPIC Promise Day, Highway Clean -up and volunteering through Nepal rebuilding villages and working in community development. Kenneth was a leader among his peers while running the Beaver Creek North Face store, and was a vital part of our weekly manager meetings. Kenneth is business savvy, however understands community needs and values. Kenneth constantly thinks outside of the box, bringing new ideas to the table. He works well in a team environment and has great pride in our local community in the Vail Valley. Since t Lee Hoover Vail Resorts Retail Area Manager — Beaver Creek Village o) 970 - 306 -0110 c) 970 - 306 -3683 ATTACHMENT B Dear Town of Avon Town Council Members: Kenneth Howell has asked that I write a letter of recommendation based on our personal and professional association over the past several years. I hired Kenneth as a Sales Associate and when the financial downturn required payroll cuts, his ownership and dedication kept him on my team. When an Assistant Manager position opened up Kenneth was my first Choice because of his integrity and intelligence. When a Store manager position opened up I strongly advocated his promotion to the Store Manager role. Kenneth was a participant in our Leadership Expedition and led Sustainability events for our North Face stores. I have been in the valley thirty years with twenty of those as a homeowner in the Wildridge subdivision. I really love our community and its municipal amenities especially the Recreation Center and Library. I value my friendship with Kenneth and am proud of what he has been able to accomplish with Vail Resorts. I believe Kenneth would bring a fresh set of eyes to the Planning Commission. He is going to ask the right questions and make smart recommendations. I know Kenneth wants to help the town continue to move towards excellence as a recreational destination and welcoming place to do business. I would love to see Kenneth be able to contribute to the Town of Avon Regards: Joh uinn G aIX-[7 fi quinn4071 @comcast.net ATTACHMENT B Mark Strass  39377 US-6, APT C-104 Avon, CO 81620   April 5, 2016  Town of Avon 1 Lake Street Avon, CO 81620  Dear Town of Avon:  I am writing in response to your posted position of Planning and Zoning Commission Member. I am a 26  year old university graduate and have been a valley resident for the past 2 years. I am interested in getting  involved with the community and participating in local government.   Some specific accomplishments include:   Vail Resorts Epic Service Award recipient.   Experience in public affairs and relations    Responsible for quality supervision, operations, and audit of 22 front line staff     List of three (3) references:   Caroline Sheahan – Senior Manager Product Sales and Services: Beaver Creek Ph:970.754.5330  CSHEAHAN@vailresorts.com   Michelle Maloney ‐ Executive Director Vail Valley Charitable Fund Ph:970.524.1480  michelle@vvcf.org   Jim Sears ‐ Senior Manager Product Sales and Services Ski School: Beaver Creek Ph:970.754.5300  Jsears@vailresorts.com    I would appreciate an opportunity for an in person interview. I’ve enclosed my CV for your review. I look  forward to hearing from you.  Sincerely,  Mark Strass  ATTACHMENT B Mark Strass Vilar Performing Arts Center Stage Production and Load Crew 11/2014 - Present  Loader, stage electrician, stage carpenters and audio hand  Basic lighting set up and spotlight  Back stage liaison Vail Resorts P.O. Box 7 Vail, CO 81658 11/2014 - Present Beaver Creek Adult Ski School Supervisor  Managed bookings and schedules of approximately 800 instructors in both peak and non-peak visitation times  Responsible for quality operations and audit of 22 front line staff  Provider of guest facing customer service at #1 highest ranked resort in a company that leads the industry  Vail Resorts Epic Service Award recipient Lionshead Ski School Product Sales and Services  Accurately and efficiently processed a high volume of guests while capturing data in top percentile  Effectively communicated multiple lesson and lift product types to meet the guest’s needs and the business objectives  Professionally assist and follow through with resolution of guest complaints BBYO Passport 5185 MacArthur Blvd. #640 Washington, DC 20016 07/2014 - 08/2014 Trip Staff/Tour Guide  Helped in facilitating the participant’s experience from Seattle to Phoenix visiting national parks and major cities in route  Acted as a resource, role model, counselor, and supervisor  Responsible for care and well-being of up to 20 7th and 8th grade participants ATTACHMENT B Scottsdale Unified School District 3811 N. 44th Street Phoenix, AZ 85018-5420 09/2013 –05/2014 Para-Educator  Provided Care in Severe and Profound classroom grades 9th – 12th  Accounted hours in Southwest Educational Billing Medicare/Medicaid  Instructed in the use of First-Aid/CPR, medical devices and care regiments Education University of Arizona Tucson, AZ United States Graduated 05/2012 Bachelor's Degree GPA: 3.17 of a maximum 4.00 Major: Interdisciplinary Studies Relevant Coursework, Licenses and Certifications: Marketing, Accounting, MIS, Journalism, Political Science, Hebrew, and Communications Language Skills:  Language Spoken Written Read  English Advanced Advanced Advanced  Hebrew Intermediate Intermediate Intermediate  Spanish Novice Novice Novice  German Novice Novice Novice       Additional Information UPS Sales Academy graduate Alpha Kappa Psi - Alumnus Alpha Epsilon Pi - Alumnus Civitan - Former Member Chaparral High School JV Assistant Soccer Coach 2013- 2014 ATTACHMENT B Russell Public Communications 4640 East Sunrise Drive, Tucson, AZ 85718 01/2012 - 05/2012 Public Relations and Public Affairs Internship  Managed a charity car raffle for the Jim Click Foundation that raised half a million dollars.  Compiled legislative reports for the National Coalition of Associations of Seven Eleven Franchisees  Researched local and national open advisory committee positions for the Special Needs Alliance NAU Collegiate Lacrosse Team  Traveled and played with team through Utah, Colorado, Texas, and New Mexico  Active in the player run organization  Qualified for first round of playoffs Phoenix FC (Football Club) Wolves 2013 Season 500 East Veterans Way, Tempe, AZ 85287 Volunteer  Organized the overall operation and close of box office  Home team, away team, and referee liaison International Champions Cup Real Madrid vs. LA Galaxy August 1, 2013 1 Cardinals Drive, Glendale, AZ 85305 Volunteer  Organized and set up audio and visual for Fox Soccer press box  Acted as runner for press and overall operations and validated credentials for VIP and Staff ATTACHMENT B Tim Thompson, PE, LEED AP, CEM 35 Stone Ck. Dr./ P.O.Box 9327 Avon, CO 81620 (541) 810-1800 Tim.ProjectEngineer@gmail.com April 6, 2016 Peggy Hatley HR Assistant Town of Avon One Lake Street Avon, CO 81620 Dear Peggy, The notice on your website for community members to serve on the Planning and Zoning Commission for the Town of Avon is very appealing to me. My experience as a Project Engineer includes working with developers, contractors, architects and regulatory agencies. In Klamath Falls, OR, I served as a County Planning Commissioner for three years making policy and land use decisions. With that experience and my work in this community in the late 1980’s, I believe I could be an asset to the Town of Avon. This role would allow me to use my sustainability, land development and engineering expertise to contribute to the success of the Planning and Zoning Commission. Stormwater reuse, low impact development and energy upgrades for commercial businesses are areas where I have helped clients meet their environmental goals. I am also very familiar at working with utilities and regulatory agencies. Local references that you may contact include: Tom Frye, Architect, Pierce and Frye Architects, 970-471-3945 Kent Kriehn, Alpine Engineering, 970-926-3373 Mike Imhoff, Vail Valley Foundation, 970-331-6017 This opportunity is exciting to me because I enjoy working with other high performing professionals who are committed to creating innovative communities. Thank you for your time and consideration. Sincerely, Tim Thompson, PE ATTACHMENT B Tim Thompson, PE, LEED AP, CEM 35 Stone Ck. Dr./ P.O.Box 9327 Avon, CO 81620 (541) 810-1800 tim.ProjectEngineer@gmail.com PROJECT MANAGER Professional Engineer with 30+ years of experience managing people and capital improvement projects for industrial, utility and engineering companies. Developed sustainable opportunities for school district to reduce energy costs and saving $250K/yr. while receiving $1.0M in incentives. Unique combination of analytical, leadership and interpersonal talents to foster productive, long-term relationships with stakeholders and regulatory agencies. PROFESSIONAL EXPERIENCE Energy Project Manager TTK, Inc. 2011–Present Klamath Falls, OR / Avon, CO Performed energy analysis, directed bidding process, and managed construction of $2.6 million HVAC renovation for Bonanza K12 School resulting in annual fuel savings of $150,000. Conducted dozens of Type II energy audits for the Oregon Cool Schools Program. Certified school buildings and other offices for Energy Star. Modeled buildings for heat/cooling loads and calculation of GHG emissions. Created and implemented a Strategic Energy Management Plan saving school district over $100,000 in the first year. Wrote a Sustainability Plan for ODOT’s co-location initiative. Secured over $1.0 million in grant, tax credit and incentive money for school energy conservation measures. Obtained financing of $1.8 million for HVAC, lighting and controls retrofits. Supervised energy efficient lighting installations for 3 schools concurrently including initial assessments, permits, bidding, and incentives. Energy Efficiency Program Manager Resource Consultants 2010 - 2011 Southern Oregon Outreach Consultant representing Energy Trust of Oregon (ETO). Presented WattSmart Energy Efficiency Workshops for Pacific Power. Authored USDA Technical Report for Large Solar REAP grant application. Recruited energy efficiency program participants, Trade Allies, and developed relationships with local business and agricultural leaders to increase energy efficiency. Assisted City of Klamath Falls to secure ARRA funds to install LED street lights and geothermal heating improvements. Senior Project Engineer WH Pacific Engineers 2007 – 2010 Klamath Falls, Oregon Established Energy Services Group at WHPacific to market the energy efficiency and renewable energy business line. Developed sustainable site construction plans for civil engineering. Managed renewable energy projects including feasibility studies, schedule, budget, and secured funding resources. Consulted on land acquisitions and project cost estimates for solar and wind developments. Collaborated with Klamath County planners on land use ordinances and development codes. Manager of Engineering Engineering Services (ESI, Inc.) 2005-2007 Beckley, WV Managed design plans for storm water runoff, grading, utilities, and erosion/sediment control. Coordinated with surveyors, architects, and landscape designers to ensure project budget, schedule and quality met clients’ expectations. Served as expert witness for large hotel development. Performed Phase I ESA’s. Presented residential subdivision development plans to County Planning Commission. ATTACHMENT B Land Development Consultant RT2 Engineering 2000-2005 SLC, UT & Beckley, WV Sustainability activities included preparation of NPDES storm water runoff permits and SPCC Spill Prevention, Control and Countermeasure permits. Managed engineering design of roads and infrastructure for business parks and subdivisions. Collaborated with developers to meet regulatory requirements. Authored transportation section for an Environmental Impact Statement. Engineering Team Leader JBR Environmental 1993-2000 Salt Lake City, Utah Directed engineering and environmental professionals and projects to comply with Federal, State and local regulations. Negotiated with regulatory agencies to facilitate permit approval process. Responsible for contractor bid processes, documents, schedule, and budget. Managed construction of electric power, sewer, water, and gas pipeline installation. Supervised environmental audits and water quality studies. Project Engineer Kennecott Utah Copper 1989-1993 Bingham Canyon (SLC), Utah Supervised large industrial construction projects and managed reclamation contracts including demolition, asbestos, waste disposal, and earthwork. Directed installation of water treatment and stormwater systems. Administered underground storage tank removal program. Senior Civil Engineer Alpine Engineering 1987-1989 Edwards, Colorado Managed residential, commercial and public works engineering projects. Responsible for project budgets, cost estimates, schedules, field inspection, change orders, and client satisfaction. Coordinated construction activities for a 1,200 acre development near Vail, CO. Senior Mining Engineer Salt River Project 1982-1987 Phoenix, Arizona Co-authored Surface Mining Permit which was approved to develop a surface coal mine in NM. Supervised aerial mapping and surveying of 14,000 acres, archeology, and water quality studies. Project Engineer International Coal 1980-1981 Lewisburg, West Virginia Directed field activities and contractors for coal mine construction. Regulatory compliance. Sales Engineer Ingersoll-Rand Construction 1979-1980 Knoxville, Tennessee Performed cost/benefit analyses. Completed extensive Xerox Sales Training course. CERTIFICATIONS PE - Registered Professional Engineer - Colorado, Utah, Oregon, West Virginia CEM - Certified Energy Manager LEED AP BD+C - Leadership in Energy and Environmental Design - Accredited Professional EDUCATION Bachelor of Science Mining Engineering, West Virginia University, 1979 Economics, Finance, Accounting and Management College Level Courses, 1984 – 2012 ATTACHMENT B To: Honorable Mayor and Members of Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: April 12, 2016 Town Council Meeting Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 2015-11, An Ordinance Approving a Code Text Amendment related to Minor PUD Amendments in the Wildridge Subdivision ACTION BEFORE COUNCIL Vote on an Ordinance that changes the development review considerations for PUD Amendment Applications in the Wildridge PUD. PROPOSED MOTION “I move to approve Ordinance 2015-11 (Exhibit A), thereby approving Case #CTA15001, an application for a code text amendment pertaining to the Wildridge Subdivision, 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.” SUMMARY The attached Ordinance provides amendments to the Avon Municipal Code. The amendments create a new set of guidelines for property owners within the Wildridge Subdivision who propose to change their development rights from a duplex structure to two (2) single-family homes. The amendments create a new catagory called “Lot Split PUD Amendments,” and continue to require public hearings before the Planning and Zoning Commission and Town Council for final decision. It should be noted that these regulations only apply to undeveloped lots in the subdivision. These code amendments were originally reviewed by Council on November 17, 2015, and were continued in order for the Planning and Zoning Commission to hold additional hearings and vet the changes with the public. Based on public comments received at three different hearings, the Ordinance was amended and is once again presented to Council for consideration. The Planning and Zoning Commission recommended approval (Exhibit B) after further modifications were made. For a complete background of the Wildridge Subdivision and a summary of the PZC/Council joint work session from June 2015 that prompted the contained amendments please see attachments (Exhibit C). If approved, future PUD amendment proposals for Lot Splits would 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 PZC (and ultimately Council) with ample discretion to review proposals on a site-by-site basis. Ordinance 2015-11 Wildridge Lot Split PUD Amendments 1 The second reading of Ordinance 2015-11 was continued from the March 8, 2016 meeting in order to incorporate additional modifications. Requested changes to the Ordinance included the following: 1. Remove the word “minor,” with respect to the Lot Split PUD type. Incorporated. 2. Consider adding the following language to Sec. 7.16.060(h)(1)(ii) concerning eligibility requirements for Lot Split PUD Amendments “Application may be made for a lot split in the Wildridge Subdivision when due to the topography, geography or specific site characteristics of a lot, the lot is not suitable for development under existing regulations. Such applications may be recommended for approval, denial or modification thereof” This language is parallel to variance language in the Development Code; it would result in the unnecessary demonstration of a physical hardship. The Lot Split provisions require an applicant to demonstrate that the development is less impactful than existing regulations. These changes were not incorporated. 3. The Staff report and PZC recommendation cited building height restrictions as possible mitigation for Lot Split PUDs and this should be added in Sec. 7.16.060(h)(4)(v). Incorporated. The above cited changes to Ordinance 2015-11 are included as a redline strikethrough as attached to this report. With the noted changes Staff is recommending approval and final action on §7.16.040(c), CODE TEXT AMENDMENT REVIEW CRITERIA Town Council shall use the following review criteria as the basis for a final decision on Ordinance 2015- 11: (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: The amendments implement the goals and policies of the Avon Comprehensive Plan by “Siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk” (Planning Principles |District 24: Wildridge Residential District, Avon Comprehensive Plan). By providing the potential for smaller building footprints and reduced building heights, where compatible with existing surrounding development, the new design criteria for lot splits achieve these goals of the Avon Comprehensive Plan. Additionally, the Planning and Zoning Commission citied conformance with the following goals and policies: • Goal D.1: Ensure that development and redevelopment is compatible with existing and planned adjacent development and contributes to Avon’s community image and character. • Policy D.1.5: Update and enhance the Avon land use regulations so that development is subject to a thorough, rigorous set of development criteria. The Planning and Zoning Commission identified several advantages to the amended language, including the following: • A more structure process with added review criteria; this adds up-front direction to property owners, applicants, and Town Staff when reviewing these applications. Ordinance 2015-11 Wildridge Lot Split PUD Amendments 2 • Reduced massing, where appropriate and compatible with neighboring developments, to address wall-effect of some of the larger, linear, duplex structures that have patterned in some areas of the Subdivision. • Potential for smaller building footprints, where compatible with homes in the vicinity. • Reduced building heights if warranted to address adjacent existing development. • Transparent, thorough process with Public Hearings at PZC and Town Council that give time to work with adjacent property owners when needed. ATTACHMENTS Exhibit A: Ordinance 2015-11, as amended Exhibit B: PZC Resolution 16-01, Recommending Approval Exhibit C: Wildridge Background and Joint PZC/Council Work Session Exhibit D: Written Public Comments Ordinance 2015-11 Wildridge Lot Split PUD Amendments 3 TOWN OF AVON, COLORADO ORDINANCE 2015-11 AN ORDINANCE AMENDING AVON MUNICIPAL CODE TABLE 7.16-1 AND SECTION 7.16.060(h)(1) CONCERNING LOT SPLIT PUD AMENDMENTS TO WILDRIDGE PUD WHEREAS, the Avon Town Council initiated an application (“Application”) to amend the text of the Avon Development Code (“ADC”) in accordance with Section 7.16.040 of the ADC; WHEREAS, the Application would amend Sections 7.16.060(h)(1) PUD Amendment Categories and 7.16.060(h)(2) Reviewing Authority and Table 7.16-1, Development Review Procedures, in accordance with the Code Text Amendment; WHEREAS, the Avon Planning & Zoning Commission held a public hearing on September 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; WHEREAS, the Avon Planning & Zoning Commission held additional work sessions on January 5, 2016 and January 19, 2016 to consider additional public comments, testimony, evidence and staff reports provided by Town Staff; WHEREAS, after conducting the noticed Public Hearing and additional work sessions, PZC approved Resolution 16-01 and made the required findings to recommend approval of the application to the Town Council; WHEREAS, the Town Council of the Town of Avon held public hearings on March 8, 2016, and March 22, 2016 after posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff prior to taking any action on the Application; WHEREAS, pursuant to AMC §7.16.040(c), Review Criteria, the Town Council has considered the applicable review criteria for a Code Text Amendment and found the Application in compliance with the review criteria, and specifically finds that 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 Ordinance No. 2015-11 – Minor PUD Amendment to Wildridge PUD SECOND READING – April 12, 2016 Page 1 of 6 Development Code by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Table 7.16-1: Development Review Procedures and Review Authority. Table 7.16-1, Development Review Procedures and Review Authority, of the ADC is amended to insert a new horizontal cell row adjacent to the category for Planned Unit Development, located below “Minor PUD Amendment” and above “Major PUD Amendment” and shall read “Lot Split PUD Amendment for Wildridge PUD” together with a cell for “R” under the Director column; a cell for “H-R” under the PZC column; and a cell for “H-D” under the TC column, to read as follows: Lot Split PUD Amendment for Wildridge PUD R H-R H-D 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. Ordinance No. 2015-11 – Minor PUD Amendment to Wildridge PUD SECOND READING – April 12, 2016 Page 2 of 6 (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) Lot Split Amendment to Wildridge PUD. A proposed PUD Amendment to the Wildridge PUD to permit a lot split of a duplex lot into two lots is considered a Lot Split 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 the Wildridge PUD Subdivision on a vacant, undeveloped lot. (B) The proposed minor PUD amendment meets 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 amendment, minor amendment or Lot Split PUD 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) Lot Split Amendments to Wildridge PUD. The general procedures set forth in Section 7.16.020, General procedures and requirements, shall apply to Lot Split Amendments to Wildridge PUD applications. The PZC shall review all Lot Split Amendments to Wildridge 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 Lot Split Amendments to Wildridge PUD amendment application after conducting a public hearing. Ordinance No. 2015-11 – Minor PUD Amendment to Wildridge PUD SECOND READING – April 12, 2016 Page 3 of 6 (iv) Major Amendments. The general procedures set forth in Section 7.16.020 shall apply to major PUD amendment applications. All major PUD amendment applications shall 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 Lot Split Amendment to the Wildridge PUD application and Major Amendments in the Wildridge PUD that include a Lot Split according the following criteria in addition to the review criteria for a preliminary PUD development plan: (i) The application results in less total site coverage and contains restrictions on building envelopes when deemed appropriate to minimize site coverage; (ii) Driveway disturbance is minimized and a shared driveway curb cut is utilized when feasible and 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 disturbance of 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 (i.e. minimum 20’ separation between buildings and a minimum 10’ setback between properties); (C) designated building footprints; (C)(D) building height restrictions; and, (D)(E) designated architectural massing, including 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 Ordinance No. 2015-11 – Minor PUD Amendment to Wildridge PUD SECOND READING – April 12, 2016 Page 4 of 6 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 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 6. Effective Date. This Ordinance shall take effect thirty days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 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, 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 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 AND ORDERED POSTED on March 8, 2016 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on April 12, 2016, 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 Clerk Eric Heil, Town Attorney Ordinance No. 2015-11 – Minor PUD Amendment to Wildridge PUD SECOND READING – April 12, 2016 Page 5 of 6 INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on April 12, 2016. ____________________________ 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 SECOND READING – April 12, 2016 Page 6 of 6 Exhibit C Wildridge Background and Joint PZC/Council Work Session Page | 1 Background Since the original platting of the Wildridge Subdivision, there has been a steady trend toward single- family development; either in the form of a single-family structure constructed on a duplex zoned property, or in several cases zoning amendments and corresponding subdivisions to create new single-family lots. Several examples of this type of development have been processed and/or constructed over the years, including the following: • Wildridge Acres – A Resubdivision of Lot 13, 14, 15, Block 2, Wildridge • Foxx4 – A Resubdivision of Lot 2, Block 5, Wildridge • Beaver Creek Point – A Resubdivision of Lot 111, Block 1, Wildridge • Grandview – A Resubdivision of Lot 45, Block 2, Wildridge • Longsun - A Resubdivision of Lot 42, 43, Block 4, Wildridge • Saddleridge – A Resubdivision of Lot 47, 48, Block 1, Wildridge • O’Neal – A Resubdivision of Lot 10, 11, Block 2, Wildridge • Western Sage – A Resubdivision of Lot 54, 55, 89, Block 4, Wildridge • Dry Creek – A Resubdivision of Lot 4, Block 2, Wildridge • Gandorf – A Resubdivision of Tract B, Block 1, Wildridge • Minervini – A Resubdivision of Lot 15, 16, Block 4, Wildridge • Wildridge Point – Lot 1, 2, 3, A resubdivision of Lots 33 & 34, Block 4, Wildridge • June Creek Point – A Resubdivision of Lot 25, Block 2, Wildridge • Gasperlin PUD – Lot 10, Block 3, Wildridge • 4290 Wildridge – A Resubdivision of Lot 26, Block 3, Wildridge • 5151 Longsun – A Resubdivision of Lot 48, Block 4, Wildridge • 4250 Residences – A Resubdivision of Lot 21, Block 3, Wildridge A number of discussions with Town Council and PZC questioning the adequacy of current development regulations resulted from some recent proposals. Notably, the review of an application for six (6) single family residences on Lot 38/39, Block 4, Wildridge suggested that there could be a need to address this type of replatting and zoning change. While that application was ultimately denied based upon conflicts with the review criteria, it prompted a joint work session with Town Council and PZC on June 3, 2015 to further discuss the subdivision. At that meeting Council and PZC indicated interest in adopting additional review criteria for duplex lot split PUD Amendments to help mitigate potential impacts, and to codify best practices incorporated in past lot split PUD amendment approvals. Additional direction from the June 3, 2015 joint work session with Council and PZC included: • “Coast to Coast Duplex” - Review the duplex design standards and recommend Development Code amendments to address this undesirable structure design. • Covenants – Do not pursue re-establishment of covenant restrictions such as maximum building square footage cap. • Development Standards – Review 1980 Design Guidelines and determine possible elements that may benefit from incorporation into the Development Code (i.e. steep slope, massing). • Accessory Dwelling Units – First, work with water district to determine appropriate standards. Explore ways to streamline process for existing units and evaluation a Conditional Use permit process (i.e. Silverthorne). Exhibit C Wildridge Background and Joint PZC/Council Work Session Page | 2 “Coast to Coast” Standards Currently, no codified development standards exist to prevent a “coast-to-coast”, or “setback to setback” duplex design. PZC discussed this topic to identify concerns and determine if additional standards could be crafted to address this less desirable building form. At this time PZC has no recommended changes to the existing Duplex design standards. The existing standards require a unified, coordinated design of a duplex structure with compatible materials and colors. Wildridge Design Guidelines At the November 17, 2015 Council meeting, Council requested that PZC reconsider adopting parts or the entire original design guidelines for the Wildridge subdivision. The PZC reviewed the design guidelines and ultimately determined that the guidelines were not necessary based on the adequacy of the existing Title7: Development Code, design standards. In particular, all development in the Town must adhere to existing steep slope requirements and grading/retaining wall standards. There is a noted exception to the driveway orientation standard of 90 degrees perpendicular for these steep properties to allow for angled driveway entrances in order to further reduce site disturbance related to driveway access. Accessory Dwelling units Staff has been evaluating how other Towns regulate accessory dwelling units, especially in well- established communities. The Planning and Zoning Commission will review draft standards this summer before providing a recommendation to Town Council for consideration. Public Input At the January 5, 2015 PZC meeting several comments were fielded for duplex lot split regulations. The following members of the public spoke before PZC: Gary McBride, Jeff Manley, Gary McBride, Rick Petrillo, Mike Farr, Dave Dantas, David Strandjord, Harry Greenberg, and Bruce Baca. The public raised concerns with Ordinance 15-11 as drafted, and generally supported keeping the process as it exists today with Council making the final determination in all instances of re-subdivisions in Wildridge. Other comments included: • Minimum square footages may be more appropriate than maximum square footages in order to maintain consistency with neighboring development. • Some recent lot splits look crowded because the homes are too close together. • No interest in working class homes (i.e. 5151 Longsun Lane) • The process seems to be working today, and these applications do not change density • Perhaps a minimum width of new structures should be considered to ensure compatibility. • Looks like we are headed in the right direction with draft language. • Adjacent properties must be taken into consideration with lot splits. • The regulations may benefit builders more than citizens. • Perhaps there should be a distinction between upper and lower Wildridge for these matters. All written public comments received by Staff and PZC are attached (Exhibit D) and made part of the public record for this file. 2010 Lot Split Language In addition to considering public comments, PZC reviewed the 2010 draft language that was part of Title 7, Development Code hearings. During the drafting of Development Code, Town Staff worked toward a set of standards to address the same circumstance of a duplex lot being split into two single-family lots and structures. Below in blue text is the 2010 code language (never adopted), Exhibit C Wildridge Background and Joint PZC/Council Work Session Page | 3 referenced for consideration. After a review of these previously drafted regulations by the Commission, they found that the majority of the old draft language was simply too restrictive. The draft language did not appear to be necessary to ensure sensitive development, except for the requirement to provide building separation as identified in Section 3(ii) below. Wildridge Duplex PUD Amendment Criteria. The purpose of this section is to establish criteria for the review of duplex subdivisions which propose to break-up the bulk and mass of potential duplexes on duplex lots in the Wildridge Subdivision and by creating two (2) single-family homes of a limited size which result in two (2) smaller structures, rather than one (1) large monolithic structure and which are sited with adequate separation between the two buildings. A proposed subdivision of a duplex lot which does not meet the criteria in this section must follow the “Major PUD Amendment” process. 1. Minimum Lot Size: one (1) acre. 2. Maximum Unit Size: The two proposed single-family homes shall not be of a combined gross floor area greater than 6,000 sq. ft. and shall be configured in a primary/secondary arrangement with the primary structure comprising at least sixty-percent (60%) of the total floor area and the secondary structure comprising a maximum of forty-percent (40%) of the total floor area. 3. Building Envelopes: Any request to build two (2) single family homes on a lot platted and zoned for a duplex must be accompanied by a Duplex Subdivision Plat depicting two (2) separate building envelopes which meet the following standards: (i) are each no greater than 1,800 sq. ft. in area, (ii) are at least twenty (20) feet apart, (iii) conform to setbacks, (iv) are sized, configured, and located in a manner consistent with surrounding development, (v) respond to natural contours to minimize site disturbance, (vi) and avoid steep slopes which exceed thirty percent (30%) grade where practical and in no case include steep slopes which exceed forty percent (40%) grade. 4. Compatibility: The newly proposed single-family lots shall be compatible with the average size of the ten (10) closest lots to the subject property; and, shall be configured and placed on the lot in a manner which responds to the natural topography without causing excessive grading and site disturbance. 5. Access & Easements: A single access easement shall be located and depicted on the proposed Duplex Subdivision Plat in accordance with §7.28.030, AMC. Recent Lot Splits Recent projects that embody the spirit of Ordinance 15-11 and the enhancement of sensitive planning principles listed above include: • Gasperlin Residences on Lot 10, Block 3, Wildridge. This project divided a duplex lot into two single-family lots, each with a building footprint limited to 2,900 sq. ft. for each lot. The livable area was limited for each property, and by splitting the duplex into two properties, the views of the neighboring existing development above the project were carefully taken Exhibit C Wildridge Background and Joint PZC/Council Work Session Page | 4 into account and preserved to a larger degree. As can be evidenced with the project nearing the end of construction, the layout of the project is responsive and compatible with neighboring development. • 4250 Residences at Lot 21, Block 3, Wildridge. Again, this project split a duplex lot into two single-family lots. The review process included ample time to address neighboring concerns (primarily views), as well as the massing of the development as it relates to other construction in the area. In addition to shifting the placement of the proposed buildings during the review process, the building heights were reduced (i.e. from 35’ to 30’ and 33’ respectively) and floor area maximums were added to provide assurance the units will be compatible when constructed. Exhibit C Wildridge Background and Joint PZC/Council Work Session Page | 5 1 Matt Pielsticker From:Dominic Mauriello <dominic@mpgvail.com> Sent:Monday, January 04, 2016 12:35 PM To:Matt Pielsticker Cc:Allison Kent Subject:Wildridge Development Standards Hi Matt and Planning and Zoning Commissioners: I noticed that the Wildridge Development Standards are on the agenda again for discussion on January 5. I have a conflict and cannot attend the meeting but would like to participate in the discussion. If this item could be discussed again in the future meeting before becoming final, that would be greatly appreciated. Below are some comments and suggestions based on the proposed language and what triggers a Major PUD Amendment:  Today, a major amendment and a minor amendment for a lot split have exactly the same process: PZC recommendation and Town Council final approval. I realize the PZC recommended a process by which a minor amendment could be approved by the PZC but perhaps it would be easiest to allow the Town Council the final approval authority and eliminate this new set of criteria which makes an application more complicated.  I am not sure I understand the ultimate issue. 90% of the applications for lot splits that have come through the process have ultimately been approved by the PZC and the Town Council. In the last 10 years, there has been two applications that were controversial. Neither was approved. It seems to me the Town is spending a lot of time trying to fix something that is not broken.  The minimum lot size of 1-acre seems rather limiting and its not clear whether that’s the existing lot that must be 1-acre or the resulting two lots, each with one acre;  The maximum unit size is also very limiting and somewhat arbitrary. A larger one-acre lot can support a greater floor area than a smaller lot. Perhaps this should be a sliding scale based upon the lot area. A one-acre lot should be able to support two homes of 7,500+ sq. ft. total (3,750 each)  I am not sure why a 60/40 split is important. This concept has not achieved any sort of goal or positive community outcome in the 50 years it has existed in Vail other than making one owner pay more for snow removal on a shared driveway. It adds a layer of regulation without any real measurable outcome. I would recommend eliminating this requirement.  Building envelopes: o Is an actual plat application required or will a diagram like we have done previously suffice? This is added expense to only find out the application is denied for the split. o 1,800 sq. ft. will almost never work - again this should be reflective of the lot area. The smallest possible is probably in the 2,500 sq. ft. range with the need for a garage o Some lots today have 40% slopes as the existing condition, so this limit probably does not work.  Compatibility. Are we talking the average size of the two split lots or the original lot? I am not sure average lot size really allows one to find compatibility since lots can be of varying shapes and sizes. There are some huge, steep lots that have been developed next to smaller less steep lots. In these cases the lot sizes were more reflective of buildability. This kind of standard might work in a traditional Exhibit D Public Comments 2 neighborhood, on the valley floor, developed in a typical grid system but its not very applicable to a mountainous subdivision like Wildridge which has hugely variable lot sizes. I would change this measure of compatibility. Just because a few land owners decided not to build a duplex should not have a bearing on what another neighbor can develop. I hope this assists in your deliberations. Thanks,   Dominic F. Mauriello, AICP  Mauriello Planning Group, LLC  PO Box 4777  2205 Eagle Ranch Road  Eagle, Colorado 81631  970‐376‐3318 cell  www.mpgvail.com    Exhibit D Public Comments 1 Matt Pielsticker From:Rick Petrillo <poohcaso@gmail.com> Sent:Monday, January 04, 2016 9:28 PM To:Thad Pryor; Kim & Rudy Vulpe; Henry Rischitelli; marto@vail.net; Mitch Chambers; Jacob Brege; Mike Farr; skibunny@earthlink.net; Beverly McBride; isom@vaillaw.com Cc:Matt Pielsticker Subject:Planning and Zoning Commission meeting There is a meeting tomorrow night for the Planning & Zoning Commission of Avon. The topics of discussion that effect Wildridge are: 1) The rezoning of vacant lots. Currently vacant lots zoned for single family and duplex homes in Wildridge would be rezoned to allow two single family structures to be built. 2) On lots where there is an existing single family home, the commission is proposing that the owner would be allowed to sub divide the lot and build an additional smaller single family home on the lot. In my opinion this will ruin view corridors, crowd Wildridge and most importantly destroy our property values along with the peacefulness of living up here. Apparently, the commission now sees a need for affordable housing in Wildridge. Currently, we have affordable housing in Wildwood and the town of Avon. Wildridge is not the place to create additional affordable housing. I would encourage you to do the following. Pass this email along to all Wildridge residents, attend the meeting tomorrow night at 5:30 at the town offices and compose an email to Matt Pielsticker. His email address is: mpielsticker@avon.org and is copied on this email. If you do send an email, please cc me as I will be attending the meeting tomorrow night. Thank you, Rick Petrillo 970.376.0052 Exhibit D Public Comments 1 Matt Pielsticker Subject:FW: Planning and Zoning Commission meeting     From: Jackie Work [mailto:jackie.work@mountainci.net] Sent: Tuesday, January 05, 2016 11:36 AM To: 'Kim Vulpe' Cc: 'Thad Pryor'; 'Kim & Rudy Vulpe'; 'Henry Rischitelli'; marto@vail.net; 'Mitch Chambers'; 'Jacob Brege'; 'Mike Farr'; skibunny@earthlink.net; 'Beverly McBride'; isom@vaillaw.com; Matt Pielsticker; 'Rick Petrillo' Subject: RE: Planning and Zoning Commission meeting Hi Kim.  I understand your and Rick’s concerns.  Les and I have been doing our research on the lot splitting.  As you know  we’ve been doing a bit of carefully planned building in Vail and Wildridge.  From our research and what we’ve observed  from the new build and resale markets, we believe the lot splitting actually serves Wildridge residences well by providing  a better mix of different sized homes, and introducing more single family into the neighborhood.  Wildridge has a lot of  very large and older duplexes giving the appearance of a very dense neighborhood due to their sheer mass.   The  problem with the existing zoning is that it allows for too many duplexes which create a much bigger mass structure on a  property.  Avon is being progressive in trying to alleviate some of this on lot sizes that are larger by reviewing the lot  splitting as a positive to the community, and at the same time help to alleviate the problem of fewer residential housing,  which is a big problem in Vail.     The idea of lot split is to provide an efficiency to the land use and providing a more open feel.  The town of Avon  Planning has a stringent review process with criteria with the purpose of breaking up the bulk and mass of potential  development.  The Planning department reviews the application with the goal of addressing most of these goals.   ‐The application results in less total site coverage   ‐The application contains restrictions on building envelopes to reduce site disturbance.  ‐The application contains limitations to livable area for each home.  ‐The application has height limitations more than what is required  by code.  ‐The driveway disturbance is minimized by a shared driveway curb cut is utilized when feasible and when a  shared curb cut would reduce site disturbance.  ‐The application has increased building setbacks   ‐The application has enhanced landscaping to provide more than landscape minimums.    Remarkably, what we’ve learned from building in Wildridge is that view corridors are not protected by the town code,  BUT the planning department encourages the input of the neighbors and interaction with the planning process.  As a  recent example, we had two neighbors to our Wildridge lot development (where we split one large lot zoned for a  10,000 plus sq ft duplex) complain based on view restriction.  We were able to show the town and the neighbors that by  carefully designing the two homes, and careful placement on the lot, the mass of the two structures was actually LESS  than if we had designed and placed a duplex on the lot.  It actually allowed for unrestricted views between the houses,  which would not have happened if we planned for the allowed duplex.  We also worked with the neighbours and shifted  the homes to minimize view impact.  The Town was very encouraging on this process, and our neighbours have given  their approval.      On the projects that we have presented to the town, we have presented 3D images to demonstrate the positives of the  creation of the broken up masses to the views and to the overall effect on the neighbors.  This is an affirmation that the  process of the Town of Avon’s planning review is working to preserve the goals of the community.  I understand the  concern of those who are speaking out, that there will be two large homes where there was planned to have one large  duplex.  This is not allowable under the current review process.  The Current Zoning does only minimally limit the size of  Exhibit D Public Comments 2 the duplex that can be built or where it can be built within the setbacks.  The split is helping to control light and air, the  massing and size of the development to occur while still meeting the real estate demands of the community.      The result in splitting duplex lots is not increasing the planned density in Wildridge or diminish home values.   Most  people if given the choice, for the same price, or even slightly more, would rather buy and live in a small detached home  than a duplex; especially if the driveway is shared.  This has been proven when looking at days on market home sales. As  for housing values, we can argue this until the cows come home.  For evidence, look at the resale value and length of  time on the market of all the older duplexes in Wildridge.  The duplex you and Rudy built with your friends is still for  sale, and it is a beautiful duplex!     Newer and renewing neighborhoods housing values are higher, because people are more demanding now if interior and  exterior looks and finishes.   Wildridge is an aging neighborhood with many odd looking older homes and duplexes.  New  construction and renovations do not drive down land values.  It’s cheaper to build a duplex than two single families, but  if they don’t sell as fast, or are not valued as high by the buyer, that cost has to be factored in.  And not many people can  get financing to build their own home, or even a duplex to keep one half for themselves and sell the other side.    Some may argue that there are still buildable lots not developed.  Believe me, we’ve looked to buy whatever is available  to build on.  Of those that people were willing to sell, the lots are so steep in grade that the cost of construction do not  make them viable as a spec build in the current markets.  It will be interesting to see if the Builder who is doing the  duplex on the top of Wildridge on the north side is able to get his money out of it once it sells.      I think the town of Avon is very cognisant of the issues, and are trying to seek a balance.  They will make sure they  address issues through the land application and stringent design and approval processes they have in place.  Compared  to the processes and lack of design review boards on our projects here in Ontario, I think Avon and even Vail, have  actually come up with an accessible process and common sense approach.    ~Jackie Boris‐Work      From: Kim Vulpe [mailto:vailbum@comcast.net]   Sent: Tuesday, January 05, 2016 1:09 AM  To: Jackie Work <jackie.work@mountainci.net>; Marcie Glowacki <marcieglowacki@yahoo.com>; Jill Palazzo  <jillgems@aol.com>  Subject: Fwd: Planning and Zoning Commission meeting   Exhibit D Public Comments 1 Matt Pielsticker From:Amy Watson <asbwatson@yahoo.com> Sent:Wednesday, February 17, 2016 10:06 AM To:Matt Pielsticker Subject:Fwd: Wildridge Restrictions I would like to add my name to this letter. Additionally, I would like to point out that the lot across the street from my house is one which is currently assigned as a duplex lot and would be divided into two single family sites. The integrity of the hillside across the street from my house is already compromised as is evidenced by the fact that both houses on either side of my have experienced concerning earth movement issues. Any additional challenges to that hillside will potentially impact my house, as cracks are beginning to appear in my basement. This issue must be addressed. Thank you, Amy Watson 4255 Wildridge Road West 281.731.5923 asbwatson@yahoo.com Sent from my iPhone Begin forwarded message: From: Beverly J McBride <bevjmcbride@yahoo.com> Date: February 16, 2016 at 4:06:25 PM MST To: Matt Pielsticker <mpielsticker@avon.org> Cc: David Strandjord <david@strandjord.com>, Scott Rella <scott@fearnoice.com>, Mitch + Robin Chambers <mrschambers81@gmail.com>, Pooh <poohcaso@gmail.com>, Grant Rogers <redball@comcast.net>, Brian Nolan <brian@rmcl-usa.com>, "asbwatson@yahoo.com" <asbwatson@yahoo.com> Subject: Re: Wildridge Restrictions Thank you, Matt. Sent from my iPhone On Feb 16, 2016, at 3:58 PM, Matt Pielsticker <mpielsticker@avon.org> wrote: Thank you Beverly – Copies are made for PZC tonight and Council will get copies as well  when the Ordinance hits their desk.  <Matt   From: Beverly McBride [mailto:bevjmcbride@yahoo.com] Sent: Tuesday, February 16, 2016 8:51 AM To: Matt Pielsticker Cc: David Strandjord; Scott Rella; Mitch + Robin Chambers; Pooh; Grant Rogers; Brian Exhibit D Public Comments 2 Nolan; asbwatson@yahoo.com Subject: Wildridge Restrictions Dear Mr. Pielsticker, This is a follow-up to the revised, proposed Avon Ordinance 2015-11 which addresses zoning matters in the Wildridge Subdivision. We wish to thank you and the Planning and Zoning Commission for the most recent revisions to the proposed ordinance; notably, no longer designating lot splits as "minor," and continuing to provide final approval of proposed lot splits by the Avon Council. The opportunity for the public to be heard at the Wildridge "Open House" on January 27, 2016, was also appreciated. As you know, Wildridge is a beautiful area that is important to Avon. In that light and consistent with comments we have made and our long-time work in zoning, we sincerely think the following should be incorporated into the proposed ordinance before it goes to the Avon Council on March 8th: 1. Language to the effect that in order to obtain a lot split, the topography of the site must be such that building under the existing zoning would not be possible. Among other things, zoning is designed to be reliable; to protect the public health, safety and welfare; and to encourage and enhance investment in communities. Planning and investments that have taken place should never be lightly Exhibit D Public Comments 3 overturned and only if there is a compelling reason for doing so. This provision would both honor the basis for zoning and provide opportunity where needed. 2. In order for an existing lot to be split, the existing lot must be at least one-half as wide at the front building line as the lot is deep. Otherwise, new lot(s) may be created that are so narrow that a wide single-family home or duplex consistent with the character of Wildridge cannot be built on the new lot(s). 3. The present provision that if an existing lot is split, the split is required to result "...in less total site coverage...to minimize site disturbance" almost requires either small single-family homes or tower-type (vertical) building. Neither small homes nor vertical building should be preferred or, effectively, required. Neither is consistent with the manner in which most single-family homes and duplexes have been developed in Wildridge. This existing provision needs to be examined, discussed and revised. 4. Importantly, language should be added to the effect that the proposed lot split and development must be compatible with the neighborhood in which it is located. This is a commonly used standard and provides for an appropriate amount of discretion in the exercise of the City's police and, thus, zoning power. Exhibit D Public Comments 4 We have not belabored the reasons for the above but we would be happy to further explain at any time. We submit that these provisions are essential for good development and have been used successfully elsewhere. Please provide copies of this email to the PZC members and your staff at your earliest convenience. Again, anyone is welcome to contact us at any time. Thank you for your cooperation. Beverly and Gary McBride Post Office Box 6543 5156A Longsun Lane Avon, Colorado 86021 419-509-5032 or 419-509-5830 Exhibit D Public Comments From:Beverly McBride To:Avon Council Web; Brian Garner Subject:Fw: Avon Council Considers Change of Process for Wildridge PUD Amendment Date:Monday, November 16, 2015 6:32:58 AM To the Members of the Avon Town Council: Please accept the following comments re: Proposed Ordinance 2015-11 (hereinafter, the "Pro.Ord.") up for its first reading on November 17, 2015: While we applaud the stated desire to define criteria for proposed amendments to the Wildridge PUD, the stated desires and the Pro.Ord. are not consistent. Some of the problems may be corrected by simple rewording; others are significantly inconsistent with the stated intent and not in the bests interests of development in Wildridge. Problems that can be corrected by rewriting include: 1. One of the criteria listed for allowing a PUD change in Section 7.16.040(c)(4) is "changed conditions." However, the Pro.Ord. has a finding in the next to last "Whereas" clause stating that the amendment is in response to "changed conditions." This is also incorporated within the body of the Pro.Ord. (Section 1.) This adopting ordinance should not state that circumstances have changed. That issue needs to be looked at as a criteria; not as a given fact. For example, if the U.S. suddenly finds itself at war in Syria and again in Iraq, the Avon area could presumably be in or near a military area where duplex and multi-family housing would be significantly needed. No ordinance should decide a criteria in advance. 2. Language in new section 7.16.060(h)(i)(ii)(A) defines an application as "minor" if it does not increase the amount of nonresidential land use. By implication, the language appears to be saying that an application will be deemed "minor" if it does increase the amount of residential land use. It would be less ambiguous if "minor" were defined as not increasing commercial, service or professional uses in a residential area. Significant Problems that Should NOT Be Adopted: 3. The Pro.Ord. treats lot splits as a "minor" amendment. (Section 3.(1)(iii)(C)) Even though it currently is a "minor" designation, it is inconceivable that a split of a lot could be treated as a "minor" event. A lot split affects owners beside, in front of, behind, at an angle, up and down the hills and those just driving past. The designation of "minor" wrongly tells residents it is not so much of a change that they need to look into it. People need to be appropriately told when a lot is to be split. The incorrect designation of "minor" has been adamantly objected to during previous lot split hearings. NOW is the time to provide that a lot split is not defined as "minor." The "Summary" provides that lot splits are of great concern and a reason for adding more criteria. To continue them as "minor" is altogether wrong. Wildridge is a platted subdivision with subdivision rules and regulations and is governed by existing zoning. It is inappropriate to create additional lots through "minor" splits. The Exhibit D Public Comments practice of granting lot splits, in general, should be prohibited let alone considered "minor." The true effect of the lot splits that have occurred and may be considered is the replatting of an existing platted subdivision and should receive careful scrutiny by Council as the "major" exercise it is. 4. Of equal concern is the proposal that the decision of the PZC will not automatically go to City Council for a final determination! This is absolutely unfair and an abdication of Council's duties. The PZC is not elected; the residents of Wildridge will be deprived of the right to exercise the balance of control built into our democratic system of government. Council has a role because they have a far more comprehensive view of the totality of the City, are responsible to the citizens and should be able to add wise heads to the decision. Absolutely do NOT cut out an automatic final decision by City Council! While this Pro.Ord. may be well intentioned, it needs reworking. There is no emergency. Please send it back for additional work consistent with these comments. Thank you, Gary and Beverly McBride P.O. Box 6543 5156A Longsun Lane Avon, Colorado 81620 419-509-5032 bevjmcbride@yahoo.com , ----- Forwarded Message ----- From: Town of Avon Community Development <listserv@civicplus.com> To: bevjmcbride@yahoo.com Sent: Friday, November 13, 2015 4:26 PM Subject: Avon Council Considers Change of Process for Wildridge PUD Amendment Notify Me Avon Town Council to Consider Change of Process for Wildridge PUD Amendments For Immediate Release | November 13, 2015 Contact: Brian Garner, Town Planner 970-748-4423 | bgarner@avon.org Exhibit D Public Comments Avon, CO— The Avon Town Council, at its November 17th meeting, will consider changes to the Avon Development Code pertaining to PUD amendments within the Wildridge Subdivision. Recent development within the Wildridge subdivision has prompted a number of discussions with Town Council and the Planning & Zoning Commission regarding 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, 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. Most notable of the proposed code text revisions 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. 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. First reading of the ordinance and a public hearing on this date will be followed by a second reading and final action scheduled for the December 8th regular meeting. If you have questions or would like more information, please contact Brian Garner, Town Planner at (970)748-4023 or bgarner@avon.org . # # # Share on Facebook Share on Twitter Share via Email Copyright © 2015 Town of Avon, Colorado. All Rights Reserved. 1 Lake Street, Avon, Colorado 81620 If you no longer wish to receive emails from us, you may Unsubscribe . Powered by Email not displaying correctly? View it in your browser . Exhibit D Public Comments Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 16-06 Approving a Purchase and Sale Agreement for the Mountain Vista Office Building DATE: April 7, 2016 SUMMARY: This memorandum provides an overview of Ordinance No. 16-06 Approving the Purchase and Sale Agreement for Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado (“MVO Building”). Attached is a Council Report for Mountain Vista Resort Subdivision Office Building, addressing financing and programming of the MVO Building for Town Hall administrative office use and Ordinance No. 16-06 Approving the Purchase and Sale Agreement. Council approved Ordinance No. 16-06 on First Reading on March 22, 2016. Ordinance No. 16-06 Approving the Purchase and Sales Agreement is presented to Council for second and final reading. Council must conduct a public hearing on second reading in accordance with the Avon Home Rule Charter. PROPOSED MOTION: “I move to approve second and final reading of Ordinance Number 16-06 Approving the Purchase and Sale Agreement for Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado.” TERMS OF PURCHASE AND SALE AGREEMENT: A Purchase and Sale Agreement (“Purchase Agreement”) has been negotiated with the Seller, Points of Colorado, Inc. The Purchase Agreement is subject to approval by Ordinance of the Avon Town Council. Both the Town, as Buyer, and the Seller may terminate the Purchase Agreement if the Avon Town Council does not approve the Purchase Agreement by ordinance. Specific terms of the Purchase Agreement are highlighted below. Overall, the sale is characterized by a new subdivision plat to create and describe Lot 4 as its own independent parcel and by the exclusion of Lot 4 and MVO Building (“Property”) from the Mountain Vista Resort common interest community. This is for the purpose of creating an autonomous property that is independent from the covenants and governance of the common interest community. The Property would remain subject to the Mountain Vista PUD (aka Tract C, Avon Center at Beaver Creek Development) zoning and development plan, which permits office use for this portion of the PUD development. RECITAL: Property Description, Inclusions and Exclusions: The Property is the MVO Building along with the underlying land and a small strip of land surrounding the building. A subdivision replat has been prepared to create the 10,840 sq.ft. parcel of land as shown in the Purchase Agreement. The subdivision replat qualifies as a minor subdivision and therefore will be presented to Council for approval at second reading of Ordinance No. 16-06. The bronze statute of the skier in front of the building is included in the sale. Parking within the Mountain Vista Resort common interest community is excluded from the sale. ¶1.2 Purchase Price. The agreed Purchase Price is $1.5 Million. A deposit of $75,000 has been tendered to the Avon office of Title Company of the Rockies. The deposit of $75,000 may be returned to the Town under the following circumstances: 1. The Avon Town Council does not take final action on an ordinance approving the Purchase Agreement and tenders notice of the Town’s election to terminate the Purchase Agreement prior to Closing. M EMORANDUM & PLANNING, LLC Avon Town Council MVO Building Purchase Agreement April 7, 2016 Page 2 of 2 2. One of the Conditions Precedent for the benefit of the Town as Buyer or for the benefit of Seller is not satisfied by the Closing date and the Town and Seller do not extend the Purchase Agreement beyond the Closing date to permit the satisfaction of such condition. ¶2.1 Inspections by Buyer: The Town has conducted building inspections prior to signing the Purchase Agreement. Buyer’s physical inspection is not a condition of Closing. ¶2.4(a) Permitted Exceptions: The Title Insurance commitment has been reviewed and specific title exceptions have been identified as items to be addressed and deleted from the title commitment or to be included as permitted exceptions. So long as the title matters identified for deletion as a condition precedent to Closing are removed as exclusions to the Buyer’s Title Insurance, the Closing is not subject to further title review. ¶2.4(c) Right of First Refusal: The Seller has a Right of First Refusal for a period of 3 years after the Closing. ¶2.4(d) Lot 4 Easement: The Property will be subject to an easement over, across and beneath Lot 4 for continued pedestrian access, emergency access, fire lane, utilities, shared open space and other matters for the purpose of preventing any negative impact to the development rights on the remainder of the PUD Plan (Lots 1-3 and the re-platted Lot 2C and Lot 5). ¶3.1 Closing Date. The Closing Date is scheduled to occur on June 16, 2016. Once the Conditions Precedent are satisfied, Closing can occur on an earlier date as mutually determined by the parties. This could potentially occur as early as 30 days after final adoption of the ordinance approving the Purchase Agreement and related ordinance approving the certificates of participation. ¶3.3 Conditions Precedent to Closing. This paragraph sets forth certain matters which must be satisfied as a condition precedent to Closing. ¶3.3(c) is a condition precedent that the Avon Town Council must approve the Purchase Agreement by ordinance. There are a number of items which must be addressed between approval of the Purchase Agreement and the Closing, including certain actions required to address title exceptions and other conditions precedent to Closing. Thank you, Eric ATTACHMENT A: Ordinance No. 16-06 and the Purchase and Sale Agreement ATTACHMENT B: Council Report For Mountain Vista Resort Subdivision Office Building Ord. No 16-06 Approving a Purchase and Sale Agreement FINAL READING – April 12, 2016 Page 1 of 3 TOWN OF AVON ORDINANCE 16-06 APPROVING THE PURCHASE AND SALE AGREEMENT FOR LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION, TOWN OF AVON, COLORADO WHEREAS, the Town of Avon and Points of Colorado, Inc., have mutually signed a Purchase and Sale Agreement, with an effective date of March 3, 2016, (“Purchase and Sale Agreement”) for the acquisition and sale of property in Avon, Colorado, described as Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado, according to the Replat of Lots 2C, 4 and 5, Mountain Vista Resort Subdivision, Town of Avon, Colorado (“Property”); WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire and hold real property; WHEREAS, Paragraph 3.3(c) of the Purchase and Sale Agreement provides that a condition precedent to the closing is that the adoption of an ordinance by the Avon Town Council to approve the Purchase and Sale Agreement; WHEREAS, the Town Council finds that acquisition of this Property supports the Avon West Town Center District Plan, including K. TOWN HALL, which states, “The existing Town Hall is too small for the current Town needs, is outdated and lacks a high level of energy efficiency.” and which depicts the location of a new Town Hall facility on the “Main Street” (the Avon pedestrian mall); WHEREAS, the Town Council finds that acquisition of the Property shall promote the health, safety, prosperity, convenience and general welfare of the Avon community by providing administrative facilities to meet current and projected future needs of the Town; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to provide public comment on this Ordinance and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. ATTACHMENT A: Purchase and Sale Agreement Ord. No 16-06 Approving a Purchase and Sale Agreement FINAL READING – April 12, 2016 Page 2 of 3 Section 2. Purchase and Sale Approved. The Purchase and Sale Agreement attached as Exhibit A: Purchase and Sale Agreement is hereby approved and, subject to the terms and conditions precedent set forth in the Purchase and Sale Agreement, the Town Council approves the acquisition of the Property. Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute and attest to documents related to acquisition and encumbrance of the Property in accordance with the terms set forth in the Purchase and Sale Agreement approved in this Ordinance and take such other actions as may be reasonably necessary to implement the actions in this Ordinance. The Mayor, Town Manager and Town Attorney may collectively review and approve the documents contemplated in the Purchase and Sale Agreement, extend deadlines contemplated in the Purchase and Sale Agreement, and correct typos, grammatical errors, cross-reference errors, and revisions which do not alter the substantive terms of the Purchase and Sale Agreement approved in this Ordinance. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [Signature page follows] ATTACHMENT A: Purchase and Sale Agreement Ord. No 16-06 Approving a Purchase and Sale Agreement FINAL READING – April 12, 2016 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on April 12, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT A: Purchase and Sale Agreement A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t A T T A C H M E N T A : P u r c h a s e a n d S a l e A g r e e m e n t ATTACHMENT B COUNCIL REPORT FOR MOUNTAIN VISTA RESORT SUBDIVISION OFFICE BUILDING 140 West Beaver Creek Boulevard Mountain Vista Lot 4 March 22, 2016 REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd TABLE OF CONTENTS I. Executive Summary II. Chronology of Events III. Purchase and Sale Agreement IV. Avon Town Hall Facility Assessment and Space Needs Analysis, SEH, August 25, 2015 V. Master Plans, Review & Updates, Zoning & Subdivision Matters VI. Renovation & Relocation Options VII. Parking Requirements VIII. Building Inspection Report & Structural Engineering Report IX. Funding & Development Schedule Appendices Appendix 1: See Eric Heil Cover Memo attachment The following Appendices are available electronically at the listed site or may be viewed at the Town Clerk’s office during normal business hours: Appendix 2: Avon Town Hall Facility Assessment and Space Needs Analysis, SEH, July 2015 www.avon.org/spaceneedsanalysis Appendix 3: Avon West District Town Center Investment Plan, 2007 www.avon.org/investmentplan Appendix 4: Master Plan for Harry A. Nottingham Park Plan, 2008 www.avon.org/parkmasterplan Appendix 5: Planning Review and Update of the Harry A. Nottingham Master Plan, Swift Gulch Master Plan and Lot 5 Development Plan, 2015 www.avon.org/planningreview Appendix 6: Building Inspection Report, 2016 www.avon.org/inspectionreport Appendix 7: Structural Engineering Report, 2016 www.avon.org/engineeringreport Appendix 8: 2016 Capital Projects Fund www.avon.org/budget REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd Section I SECTION I EXECUTIVE SUMMARY FINDINGS 2015 Town Hall Facility Assessment The Town Hall Facility Assessment and Space Needs Analysis, July 12, 2015, was prepared for the Avon Town Council, by consultants Short Elliott Hendrickson, Inc. (SEH). The SEH Analysis concluded: “At a minimum, to satisfy building upgrade requirements and met the future space needs, a major building remodel will be required to address the sheer number and extent of issues in the existing shell and interior spaces. As well, we recommend full replacement of all MEP systems and components to meet the programming needs of the departments. It is likely more cost prohibitive to correct all the deficiencies than to build a new facility.” SEH Assessment, Page 18 Skier Building is Lease Cost Option to Address Present Town Hall Facility Deficiencies  The Mountain Vista Office Building and Police Department at the Joint Public Safety Facility is the least cost option.  No new taxes or tax rate increases are needed for the relocation Adopted Plans & Planning Review/Update for the Existing Town Hall Site; Potential New Uses • The 2006 Avon Comprehensive Plan expressly identified a community goal to relocate the Town Hall and redevelop the existing Town Hall site. • The Avon West Town Center District Plan, 2007, found the Town Hall building too small for its current use, outdated and lacking energy efficiency. The plan envisioned a new Town Hall that spanned both sides of a new Main Street (Fire Station and portion of parking lot and town park) to serve as a civic anchor. A larger program of commercial/retail, offices, civic uses, affordable and market rate housing was proposed for the mixed-use Town Hall facility. Since adoption of the District Plan the Town experienced a severe recession like the rest of the country and new commercial development on the Main Street Mall did not occur as expected. The Town recently completed improvements to the Main Street pedestrian mall to advance its on-going commitment to activate this core area of Town. . The Mountain Vista Office Building meets the goals of the District Plan: support Town Hall relocation, provides for office spaces and a civic anchor in close proximity to the library, recreation center and the park and makes the current site available for a dynamic use. • The Harry A. Nottingham Master Plan, 2008, was adopted showing the relocation of Town Hall and new uses at the park. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd Section I • Stan Clauson and Associates, consultants to the Town, facilitated a public process to consider future development on Town owned properties. The resulting work was presented to Council and the public in the Planning Review & Update - Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan & Lot 5 Development Plan, November 15, 2015. The document recommended:  Locating the Police Department at Buck Creek in a Joint Public Safety Facility.  Utilizing the Mountain Vista Office Building for the balance of Town Hall functions. The report found the location has broad support and is a preferred location to house the Town’s other office, Court, community and meeting needs.  That the current Town Hall site be repurposed for potential uses, including but not limited to enhancing the soccer field and park amenities, new convention space, recreational uses, parking, performance space, etc. Main Street Mall Anchor & Synergy It is an opportune time to work the developers of Lot B and the Seasons’ renovation project to bring a synergistic program to the Mountain Vista Office Building. Town Hall office functions and community meeting activity at this location will serve an important anchor for this vibrancy. SECTION SUMMARY Section II Chronology of Events The listing follows the directives, studies and decisions of the Town Council beginning on January 27, 2015, which supported the work for a purchase agreement for the Mountain Vista Office Building. Section III Purchase and Sale Agreement Purchase Price: $1,500,000 Building Uses: Administrative and court offices, Courtroom/Council Chambers, meeting rooms and community space Closing Date: June 16, 2016 Additional information is provided on sale terms, including an access easement which would allow Points of Colorado and Starwood access, utilities, support for a subterranean parking garage abutting the Mountain Vista Office Building foundation, and crediting for shared open space. The Lot 4 Easement is intended to preserve all of Starwood’s development rights under the existing PUD which were based on access, site coverage and the existing configuration of Lot 4. Section IV Town Hall Facility Assessment & Space Needs Analysis, July 2015 The comprehensive Town Hall Facility Assessment & Space Needs Analysis (Assessment) was developed by Short Elliott Hendrickson, Inc. (SEH), at the request of Town Council. The Assessment reported on the deficiencies of the current building and estimated the current space shortages for staff working space. Future staff space needs were projected. Six facility planning options on three sites were prepared, with a cost budget developed for each scenario. The Assessment found the current Town Hall building to be in need of a major remodel or replacement. The cost budget analysis, with current pricing for the Police Department at the proposed relocation to the REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd Section I Joint Public Safety Facility, plus the purchase and finish of the Mountain Vista Office Building was shown to be the least cost option. Section V Master Plans, Review & Updates, Zoning & Subdivision Relevant master plans and the recent updated planning review are submitted in the section. Current adopted plans envision the relocation of the existing Town Hall. No PUD or zoning amendment would be required for the Town to use the property for a Town Hall. Lot 4, where the Mountain Vista Office Building sits, along with a portion of Lot 5 surrounding Lot 4 must be subdivided to create a consolidated lot that can be separated from the remainder of the Lot C PUD development and associated declarations. Section VI Parking Requirements The Town of Avon is able to meet the Mountain Vista Office Building parking demand on site and in the vicinity on adjacent Town owned property and rights-of-way, as allowed for by the Town’s Code. Section VII Renovation & Relocation Options Bringing the Avon Town Hall Facility Assessment and Space Needs Analysis, Planning Review and Update for Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan, Lot 5 Development Plan together with the locational decision for the Police Department at Buck Creek, facility options and costs for the balance of Town Hall are presented. The comparison shows the Mountain Vista Office Building-Joint Public Facility/Police Department to be the least cost option. Section VIII Building Inspection and Structural Report The Mountain Vista Office Building was inspected by Eagle Eye Inspectors and KRM Consultants provided a current structural observation. No significant problems were identified, however, HVAC system inspection showed two items not working. With the plan to replace the HVAC for the needed system for full build- out, staff did not recommend fixing the items, but rather noticing Points of Colorado of the operational failure in the units. Section IX Funding and Development Schedule Funds for building acquisition are available in the current 2016 Capital Projects Fund. Construction, FF&E and contingencies to finish the building are available in the Urban Renewal Fund. No new taxes or tax rate increases are required for the full project. Should Town Council approve the purchase of the Mountain Vista Office Building, development of the building for use as a Town Hall could be completed by May 1, 2017. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION II SECTION II CHRONOLOGY OF EVENTS 2.1 JANUARY 27TH: Ad Hoc Committee/Study Group Recommended At the Council’s January 27, 2015, meeting, Mayor Jennie Fancher recommended the formation of an ad hoc committee/study group to further explore the acquisition of the Mountain Vista Office Building and examine whether or not it makes sense to acquire the building. The individuals recommended to be members of the committee were Mark Kogan, Phil Struve and Councilor Sarah Smith Hymes. It was also stated that any community members interested in participating in the ad hoc committee/study group should email Virginia Egger or Jennie Fancher. Angelo Loria, Dominic Mauriello, Brian Sipes joined the committee as well. The ad hoc group assisted with the RFQ process and selection of SEH to conduct a facility assessment and space needs analysis. 2.2 APRIL 28th: IGA Approved for Joint Public Safety Facility Town Council approved an Intergovernmental Agreement (IGA) between the Town of Avon and the Eagle River Fire Protection District (ERFPD), which set forth the terms and conditions for the design, construction, ownership and operation of a joint fire and police station facility (PSF) on Nottingham Road between Swift Gulch and Buck Creek Roads (Buck Creek Site). The IGA also detailed the conditions of Avon’s loan to the ERFPD. 2.3 AUGUST 25TH: Options for Town Hall – Locations, Estimated Costs & Financing The Avon Town Hall Facility Assessment and Space Needs Analysis is completed by SEH, consultant to the Town. The consultant met with Council in a study session on August 25th, and reviewed the Assessment and Analysis. Also, at the meeting, the staff memo identified the schedule for Stan Clauson Associates work to evaluate land use options for Tract G, which includes the current Town Hall, Fire Station sites, park and Town Center West District; including time frame to make a decision on the location for the Avon Police Department. 2.4 OCTOBER 13TH: Study Session – Tract G, Swift Gulch and Lot 5 Development Options, including Public Safety and Town Hall Locations, Financing Options and Decision Schedule Consultants presented the Preliminary Findings Report at the public Study Session. • The consultant and participants at the charette recommended:  The Police Department be located at Buck Creek  Town Hall’s other departments be located at the Mountain Vista Office Building; or, if the building is not available at the Fire Station once vacated by the ERFPD  The current condition of Town Hall requires a renovation or relocation in the near future  Opportunities to repurpose the site of other park uses favored relocation  The Mountain Vista Office Building was the favored location, with the Fire station being noted as an alternate location • Moving forward with a new URA bond, which could generate upwards of $6,000,000 in new revenues; tenant finish of the Mountain Vista Office Building is an eligible cost REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION II 2.5 OCTOBER 13TH: Executive Session Council met in Executive Session : 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 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 2.6 OCTOBER 27TH: Study Session – Tract G, Swift Gulch and Lot 5 Development Options, including Public Safety and Town Hall Locations, Financing Options and Decision Schedule  Stan Clauson consultants presented the final draft of recommended land uses.  Town Council directed:  Buck Creek is the preferred location for the Police Station  No changes were proposed for Tract G, with the preferred location for Town Hall being first at the Mountain Vista Office Building  Town Hall Repurposing – Councilor Matt Gennett asked that the repurposing of Town Hall for other uses, should Town Hall relocate, be included in future land use planning work, versus demolition 2.7 NOVEMBER 10th: Modification to the Urban Renewal Plan The URA Authority Board passed Resolution 15-1 to Adopt Minor Modifications to the Town Center West Urban Renewal Plan The action specifically allowed the Mountain Vista Office Building to qualify for Urban Renewal funds 2.8 DECEMBER 8TH: Council Meeting Council sets maximum cost for the Police Department at $5,540,656; and maximum facility size at 11,300 square feet Council agrees to final appropriation of design costs 2.9 JANUARY 26TH: Council Meeting COUNCIL MET IN EXECUTIVE SESSION: 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 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 2.10 FEBRUARY 23RD: COUNCIL PASSES RESOLUTION NO. 16-03 REFERRING A POLICE STATION BALLOT QUESTION TO A SPECIAL ELECTION & FIRST READING OF ORDINANCE NO. 16–02 _______________________________________________________________________________________ REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION III SECTION III PURCHASE AND SALE AGREEMENT 3.1 Introduction The Town conducted an appraisal of the building in March, 2014, which calculated a value of $2,042,500. The Points of Colorado appraisal, during the same time, concluded the value of the property at $4,195,000. Both estimates assumed no parking would need to be purchased. The Town and seller negotiated a Purchase and Sale Agreement (“PSA”) with price of $3.2M. The PSA was approved by ordinance, but was subject to approval by ordinance of Certificate of Participation Financing by the Town of Avon. A citizen petition for referendum was submitted for Ordinance 14-18 approving the Certificate of Participation Financing, which Council referred to a special election. Approval of Ordinance No. 14-18 did not pass and the PSA was then terminated. A new appraisal was not ordered for the negotiation authorized by Town Council. Rather, the Town relied on the assumptions for a calculated value prepared by Mr. Mark Kogan. The set price of $1.5 million eventually was negotiated. 3.2 The Property The Property is owned by Points of Colorado, Inc., a Colorado corporation. The purchase is for Lot 4, Mountain Vista Resort Subdivision, including the Phase 1B Office Building in the Mountain Vista Resort Subdivision. Included are all improvements and appurtenances, and the Skier Bronze Statue. Excluded from the purchase are 44 parking spaces designated for the Mountain Vista Office Building and located on other adjacent property owned by Points of Colorado. The Property is being sold in an “as is” condition. Town has been given the opportunity to perform inspections of the building and the title prior to executing the PSA. 3.3 Purchase and Sale Agreement The PSA is provided with Ordinance 16-07, in this packet. Specific terms in the PSA are highlighted as follows: Purchase Price: $1,500,000 Deposit: $75,000 Closing Date: June 16, 2016 Inspections: No right of inspection, Property is to be purchased “as is”. Town has already conducted inspections and inspection updates prior to signing the PSA. The inspections are discussed in Section VIII of this Report. Right of First Refusal: The Property would be subject to a Right of First Refusal for 3 years that would allow Points of Colorado to repurchase the Property for $1.5 Million if sold by the Town. Lot 4 Easement: The Property would be subject to an easement on the undeveloped portions of Lot 4 (meaning the area of Lot 4 outside the existing building footprint) which would allow Points of Colorado and Starwood access, utilities, support for a subterranean parking garage abutting the Mountain Vista Office Building foundation, and crediting for shared open space. The Lot 4 Easement REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION III is intended to preserve all of Starwood’s development rights under the existing PUD which were based on access, site coverage and the existing configuration of Lot 4. Common Interest Community Exclusion: Lot 4 would be excluded from the Mountain Vista Resort common interest community, and therefore, would not be subject to assessments or costs related to this common ownership interest community. Conditions Precedent to Closing: There are several conditions that must be satisfied before each party is required to closing on the Property, highlighted as follows: • The Avon Town Council must adopt an Ordinance approving the PSA. [NOTE: the adoption of an Ordinance is subject to the public process in accordance with the Avon Home Rule Charter. Adoption of an Ordinance is subject to the discretion of the Avon Town Council members after conducting public hearings. If the Avon Town Council does not adopt an ordinance then the $75,000 Deposit would be returned to the Town.] • Town must approve a subdivision replat of Lots 2C, 4 and 5 to create the Lot 4 configuration for purchase as requested by the Town. • Lot 4 must be withdrawn from the Mountain Vista Resort common interest community. • The Agreement and Plan of Merger between Interval Leisure Group and Starwood Vacation Ownership must be completed. Ordinance Not Subject to Referendum: Avon Home Rule Charter Section 7.2(a) states that ordinances for the acquisition of municipal properties are not subject to referendum. Additionally, the Colorado Court of Appeals ruled in Friends of Denver Parks v. City and County of Denver, 327 P.3d 311 (Colo.App.2013) that a real estate contract is an administrative action and is therefore not subject to referendum. An ordinance approving the PSA is not subject to citizen referendum in Avon. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION IV SECTION IV AVON TOWN HALL FACILITY ASSESSMENT AND SPACE NEEDS ANALYSIS Short Elliott Hendrickson, Inc. (SEH) 4.1 Introduction The Town Council authorized consultant services to conduct a facility assessment and to estimate the space needs for services in the current Town Hall. The firm of Short Elliott Hendrickson, Inc. (SEH) was hired. SEH’s report was completed on July 12, 2015 and presented to Town Council on August 26, 2016. The full report is provided in Appendix 2. 4.2 Town Hall Facility Assessment The SEH Analysis concluded: “At a minimum, to satisfy building upgrade requirements and met the future space needs, a major building remodel will be required to address the sheer number and extent of issues in the existing shell and interior spaces. As well, we recommend full replacement of all MEP systems and components to meet the programming needs of the departments. It is likely more cost prohibitive to correct all the deficiencies than to build a new facility.” [SEH Report, Page 18] The Assessment stated: • The existing Avon Town Hall facility is out of date with current codes, including ADA accessibility requirements with non-conforming existing conditions that would require extensive remodel to the majority of building shell and floor areas. The ADA deficiencies include inadequate spaces with non-compliant ADA door and turning-area clearances, non-compliant handrails, and non- compliant restrooms, shower and locker facilities. Also currently there is not an accessible access to the basement level, because the elevator only serves the First and Second floors of the building. • A completely new building designed to meet current codes on the same site, or a newly constructed building on a new site, in order to address every issue will be required. • In addition to code issues, there are many operational issues that would require total upgrades of systems throughout the building, including HVAC systems, acoustical partitioning, and energy upgrades, to name a few. The atrium area is noted as having skylight leakage into the ceiling of employee offices. The HVAC system is over 30 years old and in need of complete replacement. The systems require continuous maintenance to keep them running. • It is our recommendation the mechanical systems be replaced to meet the function and operation of the facility. • The structural condition of the building is in ‘good’ to ‘very good’ condition and the building appears to be performing in an acceptable manner. The leaks and the exterior finishes should be repaired as required to maintain water proofing. It appears that the ceiling in the atrium area was installed with slack in the suspension rod system. In order to cosmetically improve the ceiling, it is recommended to adjust the tension rods as required to level the ceiling tiles. • International Building Code issues include inaccessible spaces, inadequately sized means of egress, failure to meet life/safety fire codes for an institutional occupancy, and failure to meet energy code requirements. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION IV • The spaces provided by the police and courts are not accessible per the code requirements in ANSI Standards 117.1, 304, 404.2.3.2, 604.8, 606.6, and 608, nor per the ADA Standards for Accessible Design which have many of the same requirements. ADA is a federal law, while ANSI refers to code requirements. Numerous ADA/ANSI Standard Code violations have been noted throughout the building. These include inadequate space requirements, door clearances, turn- around spaces, restroom, shower, and locker room facilities, and countertop heights. • An institutional occupancy (which includes the holding cells) is required by code to be fully sprinkled. This is a major life safety issue as a person held in these cells would not have the ability to exit the space on their own. • In order to meet current energy codes, lighting systems would need to be upgraded. Exterior walls would need to have continuous insulation added to them. Windows and doors would have to be replaced with energy efficient double pane 4.3 Space Needs Analysis The review and projection of space needs through a planning horizon of 2035 for police department square footage; and, year 2025 for all other departments, found the following square footage needs: The proposed relocation of departments into two new facilities is as follows: DEPARTMENT PLANNING HORIZON CURRENT 2015 PROGRAMMED Police Department 2035 4,788 9,009 All Other Departments 2025 9,007 9,092 Building Support 2025 257 2,145 TOTAL Net Square Footage 14,052 20,246 TOTAL BUILDING GROSS (120%)24,511 SPACE NEEDS ASSESSMENT - SEH, July 2015 DEPARTMENT PLANNING HORIZON PROGRAMMED NEW FACILITY Police Department Joint Public Safety Facility @ Buck Creek 2050 9,009 10,419 All Other Departments/Meeting Community Space Mountain Vista Office Building 2025 11,237 14,733 NEW FACILITY SQUARE FEET REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION V SECTION V MASTER PLANS, REVIEW & UPDATES, ZONING & SUBDIVISION 5.1 Master Plans 5.1.1 The Avon West Town Center District Investment Plan (District Plan) was completed in August of 2007, with the stated purpose to encourage and facilitate revitalization of the planning area (Appendix 3). Specific to Town Hall, the District Plan found the Town Hall building too small for its current use, outdated and lacking energy efficiency. The plan envisioned a new Town Hall that spanned both sides of a new Main Street (Fire Station and portion of parking lot and town park) to serve as a civic anchor. A larger program of commercial/retail, offices, civic uses, affordable and market rate housing was proposed for the facility. Once Town Hall was relocated, the current site would be sold ideally for a high quality hotel. The total projected cost was $18,400,000, with the goal of recouping monies through the sale of the site for the hotel. Since adoption of the District Plan, voters required that any land sale be approved at the ballot, the full Main Street has been developed the pedestrian mall and the economy has been challenging. The Mountain Vista Office Building meets the goals of the District Plan: support Town Hall relocation, provides for office spaces and a civic anchor in close proximity to the library, recreation center and the park and makes the current site available for a dynamic use. 5.1.2 The Master Plan for Harry A. Nottingham Park, 2008 (Park Plan) also identifies the relocation of Town Hall from its current site (Appendix 4). A highly collaborative process, the Park Plan found that once Town Hall was relocated the current site should be made available to the growth of the park, park support facilities, parking and a performance stage. 5.1.3 The Planning Review & Update – Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan and Lot 5 Development Plan (Plan Review and Update) was developed in the fall of 2016 (Appendix 5). Town Council retained Stan Clauson and Associates to assist the community in review all Town-owned Mountain Vista Office Building for future uses. For Town Hall, the Mountain Vista Office Building was identified as a preferred site, followed by the Fire Station. The Plan Review and Update expanded the opportunities for what could happen at the current Fire Station and Town Hall parcels, with adjoining parking lots and parks maintenance buildings. “Strong support was given at the Public Open House as well as in the Council work session for pursuing enhancements to the Park. The support was provided based on the understanding of the greater opportunity in costs of keeping Town Hall at its current location rather than providing community gathering spaces.” Ideas on what would be an approximately 4.5 acre site included field expansion, convention center, mixed use structures, and live/work. The Plan Review and Update is currently being evaluated by the Planning and Zoning Commission for recommendation to the Town Council as a master plan amendment. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION V 5.2 Zoning/PUD Uses No PUD amendment would be required for the Town to use the Property for a Town Hall. The Town approved the Lot C PUD Development Plan on February 22, 2000. Allowed uses include retail stores, restaurants, hotels, financial institutions, professional offices and “additional uses determined to be similar to allowed uses in accordance with the intent of this zone district, to be approved by the zoning administrator.” Town Hall use is essentially an office use and determining that Town Hall is an allowed use under the Lot C PUD Development Plan is within the discretion of the zoning administrator. The only recognized difference in the Avon Development Code is under Table 28-2 where the off-street parking requirement for Commercial Office is three (3) spaces per 1,000 sqft and the off-street parking requirement for Governmental Services and Offices is four (4) spaces per 1,000 sqft. Parking requirements are discussed further in Section VII. 5.3 Subdivision Acquisition will require a subdivision to create a practical consolidated lot that can be separated from the remainder of the Lot C PUD development and associated declarations. The lot proposed in provided in the Sales and Purchase Agreement. It is 10,840 square feet. The proposed subdivision as depicted would include the areas around Lot 4 as well as a 10’ setback on the north east and northwest sides of the building. Sec. 7.16.070 of the Avon Development Code sets forth subdivision procedures. The recommended subdivision will not require public improvements; therefore, the minor subdivision process is applicable. ADC Sec. 7.16.070(d) (2). Minor Subdivisions only require one step approval by the Town Council, after conducting a public hearing, and may be approved by resolution or ordinance. The review criteria for both preliminary and final plat review apply to the minor subdivision process. The building is already constructed on the Property, therefore, the only real issue for consideration is compliance with parking requirements if the Property is purchased and separated from the on-site parking constructed to serve this Property. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VI SECTION VI PARKING REQUIREMENTS 6.1 Overview of Parking Requirements Sec. 7.16.070 of the Avon Development Code states that the Development Code is applicable to federal, state, county and municipal governments to the extent permitted by law. Sec. 7.16.070(e)(1) states as the first review criteria that the proposed subdivision shall comply with all applicable use, density, development and design standards in the Development Code. As a result, parking requirements are outlined in Chapter 7.28 of the Avon Development Code and are applicable to Town Hall use of the building. Table 7.28-2 states the parking requirement is 4 parking spaces per 1,000 square feet of gross floor area for: • Public and Institutional Uses • Community Services • Government services, offices and facilities Available Parking Requirement Reductions -The Director may determine that a proposed use represents a combination of uses i.e. Government office and community center or Town Hall and Rec Center and apply a 15% reduction. 6.2 Parking Requirements – No additional parking is needed • The Mountain Vista Office Building – 55 Spaces The total gross floor area of the building is 16,273 square feet. The floor area is then reduced by 10% for the purpose of calculating parking requirements per Sec. 7.28.020(g) (3) which is 14,645 sq.ft. The Code requires 4 parking spaces per 1,000 sq.ft. for government services, which equals 59 parking spaces. 59 total parking spaces are required for Mountain Vista Lot 4. Sec. 7.28.020(g)(4)(ii) allows for the submittal of a parking demand study based on the Institute of Traffic Engineers Parking General Manual which can support further reduction of parking based on mixed uses and shared parking. Mixed-use projects can often support a further reduction of required parking by 15% based on this analysis. The Town Hall facility may be considered part of a mixed-use development grouping along with the Avon Recreation Center and Nottingham Park uses. 6.3 Long Term Parking, including Future Recreation Center Expansion • Recreation Center Expansion – 225 - 264 Spaces The parking analysis for the existing Recreation Center and Phase 2 Expansion yielded a total demand for 225 - 264 spaces. • Total Space Demand Projection: 274 – 321 Spaces 6.4 Parking: On-Site and Available in the Vicinity: 337 Spaces • 35 parking spaces are provided in the lot immediately adjacent to the building (owned by the Town and zoned Public) and count toward the minimum required parking • 25 on-street parking spaces are provided on W Benchmark Road immediately south of the building, but these may not be applied to count toward the parking requirement REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VI • 84 parking spaces are available on the northeast side of the Recreation Center parking lot just west of the building across W Benchmark Road • 39 additional parking spaces are available on the southwest side of the Recreation Center parking lot • 39 on-street parking spaces are provided on both sides of Lake Street • 23 parking spaces are available on the east side of the existing Town Hall building • An additional 38 parking spaces are available on the west side of the existing Town Hall building • 14 on-street parking spaces are available along W Benchmark Road on the south side of the Fire station • 40 new parking spaces may be developed on Benchmark Road, south of The Seasons (Estimated cost $250,000) 6.5 Alternative Parking Scenarios Avon’s Development Code has well detailed provisions for “off-site parking.” Sec. 7.28.020(4) of the Development Code states that the required parking must be on same lot as the building served by the parking, "except as otherwise provided in this Section.” There are two options for off-site parking: 1. Sec. 7.28.020(h) allows off-site parking where the required parking is on a different lot than the lot which contains the building served by the parking if approved by a PUD and if the parking is within 500’ of the building served. 2. Sec. 7.28.020(i) defines Public Parking Districts and Facilities and permits a “Public Parking District” to be defined and approved in the Avon Comprehensive Plan which may be owned by the Town. This option is easier and more straightforward to the nature of the project and surrounding Town property and allows the Town to establish a parking plan for the Town properties owned and designate this area a “Public Parking District”. Staff finds this scenario to be a reasonable solution to meet the parking requirement and be in conformance with the Town’s Development Code. Recommendation A total of 337 parking spaces may be designated in a Public Parking District based on the parking counts outlined above. The Town, therefore, should consider, at an appropriate time, a Comprehensive Plan update to define a “Public Parking District” comprised of Town properties that include the new Avon Town Hall, Recreation Center, Library, Nottingham Park, current Town Hall and Fire Station site. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VII SECTION VII RENOVATION & RELOCATION OPTIONS 7.1 Introduction The Short Elliott Hendrickson, Inc. (SEH) report reviewed six planning options for three sites, including the existing Town Hall site, Fire Station site and the Mountain Vista Office Building. These options were reviewed by the Town Council at the August 26, 2015, presentation of the SEH report. The Council subsequently, through a series of work sessions reviewed the planning work facilitated with the Clauson and Associates, which provided options for the citing of the Police Department and Town Hall. On February 23, 2016, by motion and vote, the Town Council approved a ballot question for the relocation of the Police Department to the Joint Public Safety Facility at Buck Creek, in an amount not to exceed $6.5M, with debt financing. 7.2 Town Hall Facility Location Options & Estimated Costs Bringing the Avon Town Hall Facility Assessment and Space Needs Analysis, Planning Review and Update for Harry A. Nottingham Park Master Plan, Swift Gulch Master Plan, Lot 5 Development Plan together with the locational decision for the Police Department at Buck Creek, the following table summarizes the facility options and costs for the balance of Town Hall. The lowest cost Town Hall option is acquisition of the Mountain Vista Office Building at $1.5M, with final tenant improvements at $3,091,173, for a total of $4,591,173. When adding in the Police Department at Buck Creek, the total relocation of all Town Hall uses, with Town Hall at the Mountain Vista Office Building, is projected as the least cost option. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VII ITEM Remodel Town Hall 15,500 SF Demolish Town Hall & Rebuild at Site 13,700 SF Relocate to Mountain Vista Office Building 14,733 SF Relocate to Fire Station 13,700 SF TOTAL PROJECT $ 4,695,744 $ 5,846,502 4,591,173$ 5,837,989$ Demolition for Construction 378,376$ 364,934$ NA NA Demolition after Relocation NA NA 133,330$ 133,330$ Exterior Improvements 322,879$ NA NA NA Interior Improvements 2,385,375$ NA NA NA New Construction NA 3,448,000$ 1,999,630$ 3,639,816$ Site Improvements 48,540$ 134,893$ 14,823$ 240,455$ Sub-total Estimated Construction Cost 3,135,170$ 3,947,827$ 2,014,453$ 4,013,601$ General Contractor General Conditions - 5%156,759$ 197,391$ 100,723$ 200,680$ Total Estimated Construction Costs 3,291,929$ 4,145,218$ 2,115,176$ 4,214,281$ So t Costs GC ee, & , Construction Contingency 1,191,365$ 1,493,334$ 765,492$ 1,415,758$ FF&E 212,450$ 207,950$ 210,505$ 207,950$ Total Building Estimated Costs 4,695,744$ 5,846,502$ 3,091,173$ 5,837,989$ Land + Shell Building Acquisition NA NA 1,500,000$ NA TOTAL ESTIMATED PROJECT COST 4,695,744$ 5,846,502$ 4,591,173$ 5,837,989$ Land Acquisition & Project Costs 6,343,452$ 6,343,452$ 6,343,452$ 6,343,452$ TOTAL ALL TOWN HALL DEPARTMENTS 11,039,196$ 12,189,954$ 10,934,625$ 12,181,441$ TOWN HALL FACILITY LOCATION OPTIONS & ESTIMATED COSTS Administration, Human Resources, Clerk, Planning, Finance and Engineering Courtroom, Council Chambers, Meeting and Community Space Police Department at Buck Creek REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION VIII SECTION VIII BUILDING INSPECTION REPORT & STRUCTURAL ENGINEERING LETTER 8.1 Introduction A commercial Building Inspection Report, dated April 21, 2014, was provided for the Town of Avon by Eagle Eye Home Inspections for the Mountain Vista Office Building. At that time, Points of Colorado repaired roof mounted forced air heating/cooling units, which were identified as a deficiency. Small minor repair items and entryway and sidewalk concrete slabs were accepted by the Town for Town repair. The Town also had two structural engineers review the building: Monroe & Newell (October, 2014) and KRM Consultants (December, 2014). Each firm independently concluded, based upon visual observation, the building to be in good structural condition. The building inspection report and structural engineering review were conducted again in February 2016. 8.2 Building Inspection Report – February 21, 2016 Eagle Eye Inspections conducted a thorough inspection of the building and found minor damage consistent with a building that is 15-years old. The inspection revealed two items related to the HVAC system: “North stairwell space heater fails to produce heat when thermostat is On” and “Outside/return air baffles are in varied positions (same position is expected when all thermostats are in one location and all settings are the same). Recommend further evaluation by an HVAC electronics technician.” As staff believes replacement of the HVAC system as part of the interior finishing will be required after, it is not recommended that repairs be made. Considering, however, that there are at least two (2) months of winter left before the intended Closing and in the interest of avoiding any distraction that may arise from HVAC operating issues during the public review process, staff noticed and suggested to Points of Colorado that they inspect the current HVAC system and perform maintenance or repair, if necessary, so that it is fully operational until Closing. There is a small list of other maintenance items Town staff believes are minor and which Town should accept "as is". There are no other inspection issues that are of concern to the Town staff. The complete report is provided in Appendix 6. 8.3 Structural Observation – February 28, 2016 KRM Consultants updated their independent analysis of the structural integrity of the buildings first completed in December 2014. The firm did not find any changes to the structural soundness of the building and did not observe anything unusual that would lead to believe there is a structural concern with the building. The consultant noted that if the Town is concerned with any potential building settlement, a geotechnical engineer can be hired to conduct additional analysis. Staff is not recommending additional analysis because any ground settlement is expected to have already occurred due to the age of the building. The report is found in Appendix 7. REPORT TO TOWN COUNCIL 140 W Beaver Creek Blvd SECTION IX SECTION IX FUNDING & DEVELOPMENT SCHEDULE 9.1 Funding 8.1.1 Purchase of the Mountain Vista Office Building The adopted 2016 Capital Projects Fund includes funds Assigned For: Town Hall Relocation/ Renovation, in the amount of $1.5 Million. (See Appendix 8) 8.1.2 Building Finishes The SEH Avon Town Hall Facility Assessment and Space Needs Analysis projected all construction costs, FF&E and contingencies to be $3,091,173. The Avon Urban Renewal Authority has available funding resources to finance the improvements. Tax increment bonds would be the expected debt approach. Acquisition and building finishes do not require any new taxes or tax rate increases. 9.2 Development Schedule Should Town Council approve the purchase of the Mountain Vista Office Building, the development schedule is projected as follows: June 16, 2016 Real Estate Closing June 21 Appointment of Design Committee June 21 – November 1 RFQ for A&E, Design and Bid December – May 1 Construction May 1, 2017 Move in From: Angelo Loria <a.loria@comcast.net> Subject: Skier Building Purchase Date: April 4, 2016 at 8:14:55 AM MDT To: <breynolds@avon.org>, <jfancher@avon.org>, <jwolf@avon.org>, <mgennett@avon.org>, <sprince@avon.org>, <mburch@avon.org>, <shymes@avon.org> Avon Town Council, It has come to my attention that some of the council members felt I incorrectly questioned the integrity of the Avon Town Council and management regarding the 2016 line item budget for the renovation or relocation of the current town hall. Now I can see that I was incorrect; as it is plain as day that the Avon Town Council and management had always planned to relocate town hall despite the outcome of the 2015 referendum. The council and management continued to plan for this relocation even after the 2015 referendum where the constituents voted 2-1 against purchasing this building. It is for this reason that I still question the integrity of the council and management. I know that the council and management believe that the vote was just about financing due the way it was worded. This was the only wording that worked to provide for a legal referendum. When I was in the field getting signatures this was not just about financing but about purchasing the building. The constituents didn’t want it! Yet the town council and management don’t seem to care what the constituents want they are going to do what they want and purchase this building. In August 2015, the town council and management orchestrated a Facility Assessment and Space Needs Study. This study provides an analysis of the Skier or Mountain Vista building which is not owned by the town. Again it is plain as day that the council and management wanted support for their plan to purchase this building against the vote of the constituents. In the fall of 2015, town council and management orchestrated a Land Use Planning Review for Tract G. Again this analysis included the Skier or Mountain Vista building which is not owned by the town. Again we can see that this building was included to provide support for council and management’s plan to purchase this building against the vote of the constituents. Now easy to see both the Facilities Assessment and Land Use Planning Analysis were just a cover to support the purchase of this building against the will of the constituents. Furthermore, town council approved negotiations to take place prior to the upcoming election for the Public Safety building. This timing may jeopardize that upcoming election. It is obvious that no one else is interested in purchasing the Skier or Mountain Vista building so why would the council approve negotiations at that time. The Public Safety Facility was the plan of Chief Ticer and Chief Bauer but Chief Ticer will probably never see it finished as he is searching for employment elsewhere. My presumption is because of his harassment complaint against Virginia Egger our town manager. I can’t believe the council would support Virginia Egger over a respected professional such as Chief Ticer. The council instructed Virginia Egger to negotiate for the purchase of the skier or Mountain Vista building. Why would you not have hired a professional negotiator, after all that’s who is representing the seller? A professional negotiator would have ensured that the town of Avon got the best deal and made both the council and management look better. Virginia’s track record of negotiating is not very good, her first attempt ended up at $3,200,000. This time she was instructed to not spend a penny more than $1,500,000 and the contract is $1,500,000. What kind of negotiating is that? Now if she came back with $1,000,000 and Starwood got to put their name of the pavilion or if she came back with anything less than $1,500,000 then I would give her some credit, but she didn’t. I find it interesting that the town council is putting a new town hall ahead of the Public Safety building once again. The Skier Building may be the cheapest alternative but it is not a perfect fit. It is much larger than what is required for town hall, so for the next 30 to 50 years, however long it remains our town hall, the constituents will be paying to heat, cool and maintain this additional space. The idea of putting a coffee shop, community center and public bathrooms in the additional space is questionable. If a coffee shop was economically feasible then there would already be one in the Seasons or Avon Center building which has more draw for a coffee shop than town hall. The public restrooms are needed in the park not on the Main Street Mall which has no one on it. If there were a need for a community center then we would see more requests to use the current town hall council chambers for these types of activities. So maybe spending a little more on a custom built building that would better accommodate town hall would be a better choice in the long run. A complete plan cannot be finalized until the May 3rd election outcome is known. Are the Fire District and Police Station going to move to Buck Creek? We still don’t have a plan or cost estimates, just generalizations, on what would replace the current town hall, police station and fire station should they move. It seems like this is all being pushed through by the town council and management. What is the rush? It is obvious that town council, or at least most of town council, is going to do what they want and not what the constituents want. But I would urge town council to take a step back and wait to see what the outcome of the May 3rd election is. Then evaluate the current town manager with the possibility of replacing her with someone that will better represent out town, promote our town and not run off our best employees, such as Chief Ticer. The council needs to make a plan based on the election outcome as they move Avon forward. Sincerely, Angelo Loria P.S. Sorry about the delay in responding but I got very ill after the last meeting I attended on March 8th and was not able to respond. From: Carroll Tyler [mailto:ctyler@slifer.net] Sent: Thursday, April 07, 2016 11:22 AM To: Avon Council Web Subject: Community issues Gentlemen and ladies, I am writing to support the construction of a new fire station and police facilities at the junction of Nottingham and Swift Gulch. I am also in favor of buying the Skier building at the new reduced price which is a bargain in today’s market. These are positive improvements for all of Avon . On a negative note: The appalling junk and debris that surrounds the Snow Lion complex on Nottingham Road is not only disgraceful but appears to be a health hazard. The HOA should insist that it be cleaned up. Thank you for your consideration. Carroll Tyler owner of 4737 Wildridge Road since 1994. Carroll Tyler Broker Associate, V.P. Marketing Vail Slifer Smith & Frampton Real Estate 230 Bridge St., Vail 970-476-2421 x5762 ctyler@slifer.net www.carrolltylerinvail.com From: Brian Nolan [mailto:brian@group970.com] Sent: Friday, April 08, 2016 10:57 AM To: Virginia Egger Cc: Buz Reynolds; Sarah Smith Hymes Subject: issues I will be absent from the valley the next few weeks. I would like to say here that I am very comfortable with the council making decisions related to the: 1. The Skiier Building purchase and remodel. I am sure the budget will be less then portrayed to date and oversight will be heavy as not to exceed 2. The decision to move the Police and Fire Department – I feel our elected leaders have spent an incredible amount of energy to make the right decisions and support your actions. All this while a few (one?) Avon resident continues to spew on with incorrect information. Great job on your part to continue to reach out to the whole community regardless of what position they take (meeting in Wildridige this past week) Feel free to enter this into whatever you do with as public input – if that is possible Brian Nolan GROUP970 RESTAURANTS | FOOD.DRINK.ADVENTURE. Blue Moose Colorado | Blue Moose Texas | Crazy Mountain Tap Room + BBQ 63 Avondale Lane, Suite C-1, PO Box 5549, Beaver Creek, CO 81620 (P) 970.845.0545 (F) 970.845.8444 (E) brian@group970.com Stay Connected: WEBSITE | FACEBOOK TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: March 8, 2016 Agenda Topic: Second Reading and Public Hearing Ordinance 16-03, 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 Renewable Energy Production Components ACTION BEFORE TOWN COUNCIL To review and approve, approve with changes, or deny Ordinance 16-03 regarding a sales tax credit on components for production of energy from renewable sources and to direct Staff to waive planning and building permit fees for such facilities. PROPOSED MOTION I move to approve Ordinance No. 16-03, 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 Components for Production of Energy from Renewable Sources and a waiver of planning review and building permit fees for renewable energy projects. BACKGROUND: At the November 8, 2015 Town Council meeting, Staff presented Ordinance 15-10, a sales tax credit for solar panel installations. Town Council did not approve the Ordinance, requesting additional information regarding other renewable energy programs and inquired about including all renewable energy sources to the ordinance. There are several programs available for residential homeowners interested in production of energy from renewable energy sources as outlined below: Residential Federal Tax Credit: A taxpayer may claim a credit of 30% of qualified expenditures for a system that serves a dwelling unit located in the United States that is owned and used as a residence by the taxpayer. Qualified expenditures include labor costs for on-site preparation, assembly or original system installation, and piping or wiring to connect a system to the home. State Sales Tax Exemption: The State of Colorado exempts sales taxes on components for Production of Energy from Renewable Energy Sources (C.R.S. §39-26-724) including but not limited to wind, solar thermal systems, and biogas production systems. The state sales tax exemption does not include solar photovoltaic or geothermal systems. Holy Cross Rebates: Holy Cross Energy provides a substantial rebate program for installing energy efficient fixtures such as LED lights, timers, VFDs, insulation, windows, and solar water heaters. Holy Cross also has a rebate program for installing renewable energy power systems that includes back metering of excess electricity.  Page 2 Energy Smart Program at Walking Mountains: • Residential Program: All Town of Avon homeowners and renters have access to this program which provides subsidized or free (based on income) Energy Assessments that include safety testing and comprehensive home energy analysis, and installation of energy saving measures such as LED's, thermostats, and insulation. The program also provides access to incentives (rebates/financing) in order to assist homeowners with the installation of energy efficient improvements and photovoltaic systems. • Commercial Program: Through a relationship with Holy Cross Energy, we are able to provide free energy coaching and assistance to small and medium sized businesses within the town of Avon. Services include site visits, bid reviews, contractor referrals, and assistance with applying for rebates to maximize and leverage all available rebates. • Funding for these programs is provided by the Eagle County Eco-Build fund, similar to the new Avon Exterior Energy Offset Program (EEOP fund), and support from Holy Cross Energy. Town of Avon Incentives: The Town recently adopted the EEOP to encourage the use of alternative renewable energy generation at developments using snowmelt systems. The EEOP imposes a $16/SF fee on snowmelt systems unless 50% of the energy required is renewable energy generated on-site. The Town of Avon can implement several incentives programs to promote the production of renewable energy including waiving building permit fees and planning fees and rebating sales taxes on components of renewable energy systems. The attached Ordinance 16-03 proposes implementing these waivers and tax credits. COMPLIANCE WITH COMPHREHENSIVE PLAN Goal H.4 of the Avon Comprehensive Plan states a community goal to, “Conserve environmental resources to ensure their most efficient use.” The Ordinance would provide a temporary financial incentive to promote the installation of energy from renewable sources by providing a temporary tax credit and waiving planning and permit fees. This temporary sales tax credit would apply to all components for production of renewable energy systems for residential, commercial, industrial and public facility uses. Renewable energy systems can include solar photovoltaic, solar thermal, wind and geothermal. The state provides a sales tax exemption for biogas systems but is not recommended for the Town of Avon because biogas systems are associated with large agriculture facilities which are not envisioned in the Town. FINANCIAL IMPACT In 2015, the Town issued four (4) building permits for the installation of solar panels. The tax credit for the installation of $15,000 in solar panel materials would amount to a savings of $600 for the taxpayer. Assuming the average installation of solar panel materials is $15,000 and there are four installations per year for a total sale of $60,000 in materials then the sales tax credit would be $2,400. The installation of $200,000 in solar panel materials would result in a sales tax credit of $8,000. Also, waiving of four planning permit fees at $75/each and four building permit fees at $150/each would total $900 per year of lost revenue. EXHIBITS Ordinance 16-03 Ord 16-08 Amending Section 3.08.050(3) FIRST READING April 12, 2016 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 16-08 AMENDING SECTION 3.08.050(3) OF THE AVON MUNICIPAL CODE TO EXEMPT GOVERNMENTAL INSTITUTIONS FROM SALES TAX ON CONSTRUCTION MATERIALS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), 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; WHEREAS, the Town Council finds that the exemption of governmental institutions from sales tax on construction materials will reduce the cost the constructing and updating governmental institutions in Avon and will follow the State of Colorado sales tax exemption on construction materials for governmental institutions; and, WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO 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. Section 3.08.050(3) Amended. Section 3.08.050(3) – Exempt taxpayers. of the Avon Municipal Code is hereby amended by repealing Section 3.08.050(3) in its entirety and re- enacting to read as follows: “Nothing herein contained shall be deemed to exempt from the tax levied by this Chapter sales of building material or supplies to be used by a contractor for the construction of an improvement for any of the institutions or agencies enumerated in Subsection (2) above.” 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 Ord 16-08 Amending Section 3.08.050(3) FIRST READING April 12, 2016 Page 2 of 3 substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Non-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 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 “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 (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Ord 16-08 Amending Section 3.08.050(3) FIRST READING April 12, 2016 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on April 12, 2016 and setting such public hearing for May 10, 2016 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on May 10, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Debbie Hoppe, Town Clerk Meeting Date: April 12, 2016 Agenda Topic: Resolution 16-13, A Resolution Delegating Authority to Appoint Election Judges to the Avon Town Clerk ACTION BEFORE COUNCIL In anticipation of the Special Municipal Election on May 3, 2016, CRS 31-10-401 requires the Governing Body to appoint three election judges at least 15 days prior to the election, or to delegate to the Town Clerk the authority to appoint the election judges. Action requested at Tuesday’s meeting is to delegate authority to the Town Clerk for judge appointments. PROPOSED MOTION I move to approve Resolution 16-13 to delegate authority to appoint election judges to the Avon Town Clerk and to authorize a lump sum payment of $115.00 for each judge. BACKGROUND Requirements for the appointment of Election Judges: Judges must be registered to vote in Colorado and be at least 18 years of age. They are not required to reside in or be a voter within the municipality. Election judges are required to be paid and the compensation is defined in Section 31-10-408 of the municipal election code. It states that judges shall receive full compensation, “not less than five dollars and not more than the maximum amount allowed by statute”, as determined by the governing body. CRS 31-10-404 - Acceptances. With each certificate of appointment transmitted by the clerk to the judges of election, there shall be enclosed a form for acceptance of the appointment. Each person appointed as an election judge shall file his or her acceptance in the office of the clerk within seven (7) days after the mailing by the clerk of the certificate of appointment and the acceptance form. Failure of any person appointed as a judge of election to file an acceptance within said seven (7) days shall result in a vacancy. Such vacancy shall be filled in the same way the original appointment was made. Election Judge Duties for the May 3rd Mail in Ballot: Open, read and count all ballots beginning at 1:00 p.m. on May 3, 2016. Recommended Process for Selection by the Town Clerk and Compensation: Staff is requesting the Town Council delegate to the Town Clerk the authority to appoint election judges by passing Resolution 16-13, which is attached. The recommended selection process for the election judges is as follows:  Contact the Eagle County Clerk and Recorder for the list of qualified election judges.  Week of April 11th Contact list of qualified judges  Week of April 18th Interview and select based upon qualifications and availability on the 3rd of May. Distribute Acceptance notices.  Staff recommends lump sum compensation of $115.00. Resolution No. 16-13 Authorizing Town Clerk to Appoint Election Judges April 12, 2016 TOWN OF AVON, COLORADO RESOLUTION 16-13 DELEGATING AUTHORITY TO APPOINT ELECTION JUDGES TO THE AVON TOWN CLERK WHEREAS, the Avon Town Council has referred a ballot issue to a special election to be conducted on May 3, 2016, which special election shall be conducted as a mail ballot election under the Colorado Municipal Election Code of 1965; and WHEREAS, three election judges must be appointed at least fifteen days prior to the special election and Colorado Revised Statute §31-10-401 authorizes the Avon Town Council to delegate the authority to appoint election judges to the Avon Town Clerk; and WHEREAS, the Avon Town Council finds that the delegation of such authority to appoint election judges to the Avon Town Clerk will promote the timely and efficient appointment of election judges; and, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that the Town of Avon hereby delegates the authority to appoint election judges to the Avon Town Clerk. ADOPTED APRIL 12, 2016. AVON TOWN COUNCIL BY:_______________________________ Attest:_____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Jane Burden, Transit Director Date: April 12, 2016 Agenda Topic: Bus Purchase Agreement with Gillig, LLC ACTION BEFORE COUNCIL The action before Council tonight is approval of the purchase Agreement between the Town of Avon and Gillig, LLC, for the purchase of a 29 foot bus. The Town of Avon was awarded a Federal 5339 Vehicle Replacement grant, in the amount of $410,000 for the purchase of this bus. PROPOSED MOTION I move to approve the Bus Purchase Agreement between the Town of Avon and Gillig, LLC. 2016 BUDGET INFORMATION Fully funded in 2016 Budget – Transit Enterprise Fund – Capital Outlay line item BACKGROUND The procurement for this vehicle was completed through the Colorado Mountain Purchasing Consortium, a group of local agencies providing mass transportation services and aligned for the purpose of coordinated purchase of transit buses. A request for proposal, which complied with federal guidelines for the purchase of transit buses, was issued in January of 2015 with selection of Gillig, LLC, as the successful respondent in March of 2015. Colorado Mountain Purchasing Consortium PURCHASE AGREEMENT Between Town of Avon – Avon Transit One Lake Street, PO Box 975, Avon, CO 81620 AND Gillig LLC For Quantity and Description PROPOSAL # CMPC-15-LTB-RFP Awarded : July 13, 2015 by Eagle County Government P.O. Box 850 Eagle, Colorado 81631 PURCHASING AGREEMENT Eagle County Award #CO-2015-353 Issued By: Eagle County P.O. Box 850 Eagle, CO 81631 Administered By: Director of Transportation Contractor: Gillig LLC Address: 25800 Clawiter Road Hayward, CA 94545 WHEREAS, the Colorado Mountain Purchasing Consortium (CMPC) is a group of local agencies providing mass transportation services, who are aligned for the purpose of the coordinated purchase of large transit buses; and WHEREAS, Eagle County led a solicitation on behalf of the CMPC and issued the Colorado Mountain Purchasing Consortium Request for Proposal for Project No. CMPC- 15-LTB-RFP dated January 12, 2015 (the “RFP,” a copy of which is incorporated herein by this reference and available for inspection in the offices of the ECO Transit Department), which complied with federal guidelines for the purchase of transit buses using state and/or federal grant dollars (the “Solicitation”); and WHEREAS, Gillig LLC (“Manufacturer”) submitted a proposal on March 23, 2015 (the “Proposal,” a copy of which is incorporated herein by this reference and available for inspection at the offices of the ECO Transit Department) and was chosen as the successful respondent to the Solicitation for the bus length(s) identified by the CMPC; and WHEREAS, Town of Avon (“Agency”) is a participant in the CMPC and desires to purchase the below described make and model vehicle(s) from the Manufacturer in accordance with said Solicitation; and WHEREAS, Manufacturer is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the vehicles as set forth below in paragraph 1 hereof; and WHEREAS, this Purchase Agreement shall govern the relationship between the Manufacturer and Agency in connection with the procurement of said vehicles. NOW, THEREFORE, in consideration of the foreclosing and following promises, Manufacturer and Agency agree as follows: 1. Equipment: a. Manufacturer agrees to provide the following vehicles and associated components (hereinafter referred to as the “Equipment”) as more specifically identified in the Agency Order which is attached hereto as Exhibit A, and incorporated herein by this reference: Bus Size: 29 ft. Fuel Type: Diesel Quantity: One (1) b. Manufacturer shall comply with all general requirements, conditions and terms as set forth in the RFP, including all approved deviations. c. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A, the RFP, or the Proposal, and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. Agency shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. Agency may conduct acceptance tests on each delivered vehicle. These tests shall be completed within ten (10) business days after vehicle delivery and the Manufacturer will be notified by the 10th day if the vehicle has been accepted or needs additional work. The post-delivery tests shall include visual inspection and vehicle operations. Vehicles that fail to pass the post-delivery tests are subject to non-acceptance. Agency shall record details of all defects and notify the Manufacturer of non-acceptance of each vehicle. The defects detected during these tests shall be repaired according to the procedures defined in Section 4: Special Provisions, SP. 1 of the RFP. In the event Agency does not accept the Equipment for any reason in its sole discretion, then the Manufacturer shall upon Agency’s request and at no charge to Agency: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. Compensation: a. Agency shall compensate Manufacturer for the Equipment in accordance with the rates shown in Exhibit A, and calculated as follows: Unit Cost Total Cost Purchase Description One (1) 29 ft. BRT Diesel Bus $415,365 $415,365 b. Payment will be made for Equipment satisfactorily delivered and accepted within thirty (30) days of receipt of a proper and accurate invoice from Manufacturer and when CMPC members receive required FTA/CDOT post-delivery paperwork. All invoices shall include detail regarding the Equipment and such other detail as Agency may request. c. If, at any time during the term or after termination or expiration of this Agreement, Agency reasonably determines that any payment made by Agency to Manufacturer was improper because the Equipment for which payment was made were not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from Agency, Manufacturer shall forthwith return such payment(s) to Agency. Upon termination or expiration of this Agreement, unexpended funds advanced by Agency, if any, shall forthwith be returned to Agency. d. Agency will not withhold any taxes from monies paid to the Manufacturer hereunder and Manufacturer agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, Agency shall have no obligations under this Agreement after, nor shall any payments be made to Manufacturer in respect of any period after December 31 of any year, without an appropriation therefor by Agency in accordance with a budget adopted by its governing body in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 3. Schedule: a. The Equipment shall be delivered at a rate not to exceed five (5) vehicles per week Monday through Friday. No deliveries shall be made on weekends or holidays. Delivery of the Equipment shall be completed on or before 365 days from date of firm order provided written notification from the agency is received by the Manufacturer 480 days prior to delivery, with the exception of 2015 and 2016 vehicles as defined in the Best and Final Offer. b. Manufacturer and Agency agree that if delivery is not made within a maximum of 480 days, as liquidated damages (but not as a penalty) Manufacturer shall pay Agency one hundred dollars ($100.00) per calendar day, per vehicle. c. The Manufacturer is required to work with the CMPC Program Administrator on all contract delay related issues, per Section 3: General Conditions of the RFP, G.C. 9.3. Finalized order dates are to be communicated to the CMPC Program Administrator to track adherence to delivery timeframe requirements. Notifications of any production delays that would result in late delivery or liquidated damages must be communicated by the Manufacturer to the Agency and CMPC Program Administrator per Section 4: Special Provisions of the RFP, SP 6. 4. Federal Grant Contract: The Parties acknowledge that Agency is a sub-recipient of a grant awarded by either/or the Federal Transit Administration (FTA) or the Colorado Department of Transportation (CDOT), which will be used to fund, in part, the procurement of this equipment. The CMPC estimates that approximately 60% of all CMPC contract amounts will be funded by the FTA and/or CDOT. 5. Documents: Manufacturer shall execute all documents required by Agency to transfer title of the Equipment to Agency as identified in Section 4: Special Provisions Table 1: Contract Deliverable of the RFP. Manufacturer shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers’ warranties associated with the Equipment as specified in the RFP, Section 4, SP 2.3. 6. Other Contract Requirements and Manufacturer Representations: a. Manufacturer has familiarized itself with the intended purpose and use of the Equipment to be provided hereunder, the intended use of such Equipment by Agency, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or Equipment. b. Manufacturer will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of this Agreement. c. The fact that the Agency has accepted or approved the Equipment shall not relieve Manufacturer of any of its responsibilities. Manufacturer represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Manufacturer shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Manufacturer will provide the Equipment and any associated services in a skillful, professional and competent manner and in accordance with the standard of care applicable to Manufacturers supplying similar equipment and services. d. Manufacturer warrants merchantability and fitness of the Equipment for its intended use and purpose. e. Manufacturer agrees to provide the standard manufacturer and component warranties as stated in Section 7: Warranty Provisions, of the RFP unless any accepted deviations to Section 7 were accepted by the CMPC as part of the initial proposal or Best and Final Offer proposal for each vehicle purchased under this Purchase Agreement. All accepted deviations are included in the Eagle County Contract Exhibit B. All extended warranties as provided in CER. 8 Price Proposal Form accepted by the CMPC for each bus length awarded are referenced in the Eagle County Contract Exhibit B. f. Manufacturer warrants that title to all Equipment shall pass to Agency either by incorporation into the Agency facility or upon receipt by Manufacturer of payment from Agency (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Manufacturer further warrants that Manufacturer (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Manufacturer assumes all risk of loss with respect to the Equipment until the equipment has been delivered. The Agency shall assume risk of loss of the bus on delivery after satisfactory initial delivery inspection. Prior to this delivery, the Manufacturer shall have risk of loss of the bus, including any damages sustained during the delivery regardless of the status of title or any payments related to the bus. Drivers shall keep a maintenance log en route, and it shall be delivered to the Agency with the bus. If the bus is released back to the Manufacturer for any reason, then the Manufacturer has the risk of loss upon such release. g. Within a reasonable time after receipt of written notice, Manufacturer shall correct at its own expense, without cost to Agency, and without interruption to Agency as defined in Section 7: i. Any defects in Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any property caused by such defects or the repairing of such defects. h. Guarantees and warranties shall not be construed to modify or limit any rights or actions Agency may otherwise have against Manufacturer in law or in equity. i. Manufacturer agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement as outlined in the RFP, Section 7, WR 2.2. Time is of the essence with respect to this Agreement. j. This Agreement constitutes an agreement for performance by Contractor as an independent Contractor and not as an employee of Agency. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master- servant, partnership, joint venture or any other relationship between Agency and Manufacturer except that of independent Manufacturer . Manufacturer shall have no authority to bind Agency. k. Manufacturer represents and warrants that at all times in the performance of the Agreement, Manufacturer shall comply with any and all applicable laws, codes, rules and regulations. l. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. m. Manufacturer shall not assign any portion of this Agreement without the prior written consent of the Agency. Any attempt to assign this Agreement without such consent shall be void. n. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. o. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. p. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. q. The signatories to this Agreement aver to their knowledge no employee of the Agency has any personal or beneficial interest whatsoever in the Equipment described in this Agreement. The Manufacturer has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Manufacturer shall not employ any person having such known interests. r. The Manufacturer, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. s. Any and all claims, disputes or controversies related to this Purchase Agreement, or breach thereof, shall be litigated in the Colorado District Court for the county in which Agency is located, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 7. Contract Documents: 1) Purchase Agreement 2) Exhibit A, Agency Order 3) The RFP 4) Manufacturer Proposal and related BAFO which are agreed to by Manufacturer, incorporated herein by this reference, and collectively referred to as "Contract Documents." The Contract Documents may only be altered, amended, or repealed by written amendment. The intent of the Contract Documents is to include all items, components and services necessary for the proper sale and delivery of the Equipment. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. 8. Manufacturer’s Agreement: Gillig LLC agrees to provide the equipment identified above and in the Purchasing Agreement for the consideration stated herein. The offer to provide the equipment identified above is hereby accepted as offered in the proposal in response to # CMPC-15-LTB-RFP, in accordance with the Contract Documents. Gillig, LLC: CMPC Member Agency – Town of Avon: By: ___________________ By:_____________________ Representative Agency Representative _______________________ _______________________ Title Title Date: __________________ Date: __________________ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MARCH 22, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-22-2016 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:05 p.m. A roll call was taken and Council members present were Jake Wolf, Buz Reynolds, Matt Gennett, Megan Burch, Scott Prince and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Town Engineer Justin Hildreth, Police Chief Bob Ticer, Recreation Director John Curutchet, Human Resources Director Lance Richards and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT Michael Cacioppo commented 4. PRESENTATION OF A PROCLAMATION FOR ONE BOOK ONE VALLEY (MAYOR JENNIE FANCHER) START TIME: 00:07:30 5. PRESENTATION OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING (CAFR) TO ASSISTANT TOWN MANAGER SCOTT WRIGHT AND FINANCE MANAGER VALERIE BARRY ON BEHALF OF THE FINANCE DEPARTMENT (MAYOR JENNIE FANCHER) START TIME: 00:14:10 6. ACTION ITEMS START TIME: 00:18:38 6.1. REVIEW AND ACTION ON RESOLUTION 16-09 IN SUPPORT OF EAGLE RIVER FIRE PROTECTION DISTRICT BALLOT QUESTION A (MAYOR JENNIE FANCHER) Michael Cacioppo and Jennifer Cartmell-Hays commented. Councilor Gennett moved to approve Resolution 16-09 in support of Eagle River Fire Protection District Ballot Question A with the correction noted by Councilor Smith Hymes; Councilor Reynolds seconded the motion and it passed unanimously by those present. 6.2. MOTION TO CONTINUE THE PUBLIC HEARING FOR THE SECOND READING OF ORDINANCE 15-11, AN ORDINANCE AMENDING THE AVON MUNICIPAL CODE TABLE 7.16-1 AND SECTION 7.16.060(H)(1) CONCERNING AMENDMENTS TO WILDRIDGE PUD APPLICATIONS (PLANNING DIRECTOR MATT PIELSTICKER) Mayor Fancher opened the Public Hearing and no comments were made. Mayor Pro Tem Wolf moved to continue the Public Hearing and Second Reading of Ordinance 2015-11 to the April 12, 2016 Town Council meeting; Councilor Gennett seconded the motion and it passed unanimously by those present. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MARCH 22, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-22-2016 Minutes Page 2 6.3.MOUNTAIN STAR WATER TANK START TIME: 00:27:06 6.3.1. PUBLIC HEARING ON RESOLUTION 16-06, A RESOLUTION ADOPTING FINDINGS THAT THE MOUNTAIN STAR TANK PROPERTY ANNEXATION PETITION IS ELIGIBLE FOR ANNEXATION (TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve Resolution 16-06, finding that the Mountain Star Water Tank site property is eligible for annexation; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 6.3.2. FIRST READING OF ORDINANCE 16-04, AN ORDINANCE APPROVING THE ANNEXATION OF THE MOUNTAIN STAR TANK PROPERTY (TOWN ATTORNEY ERIC HEIL) Mayor Pro Tem Wolf moved to approve Ordinance 16-04 annexing the Mountain Star Water Storage Tank site property on first reading; Councilor Gennett seconded the motion and it passed unanimously by those present. 6.3.3. FIRST READING OF ORDINANCE 16-05, AN ORDINANCE APPROVING A COMPREHENSIVE PLAN AMENDMENT AND THE ZONING OF THE MOUNTAIN STAR TANK PROPERTY IN THE PUBLIC FACILITIES ZONE DISTRICT (TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the Public Hearing and no comments were made. Councilor Reynolds moved to approve Ordinance 16-05 approving amendments to the Town of Avon comprehensive plan and rezoning application for the Mountain Star Tank site property on first reading; Councilor Gennett seconded the motion and it passed unanimously by those present. 6.3.4. REVIEW AND ACTION ON THE 2016 CAPITAL PROJECT IMPLEMENTATION AGREEMENT BETWEEN THE UPPER REGIONAL WATER AUTHORITY, THE MOUNTAIN STAR ASSOCIATION AND THE TOWN OF AVON SPECIFICALLY CONCERNING THE CONSTRUCTION OF A NEW 270,000 GALLON POTABLE WATER STORAGE AND DELIVERY TANK (TOWN ATTORNEY ERIC HEIL) Jason Cowles commented. Councilor Prince moved to approve the 2016 Capital Project Implementation Agreement between the Upper Eagle River Regional Water Authority, the Mountain Star Association (“MS”) and the Town of Avon specifically concerning the construction of a new 270,000 gallon portable water storage deliver tank with the one amendment that Town Attorney Eric Heil has added; Councilor Smith Hymes seconded the motion and it passed unanimously by those present. 6.4 FIRST READING OF ORDINANCE 16-03, 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 RENEWABLE ENERGY COMPONENTS (TOWN ENGINEER JUSTIN HILDRETH) Councilor Smith Hymes moved to approve Ordinance 16-03, 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 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MARCH 22, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-22-2016 Minutes Page 3 Components for Production of Energy from Renewable Sources and a waiver of planning review and building permit fees for renewable energy projects; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Reynolds abstained from the vote. 6.5 FIRST READING OF ORDINANCE 16-06, APPROVING A PURCHASE AND SALE AGREEMENT OF THE PHASE 1B OFFICE BUILDING, MOUNTAIN VISTA RESORT SUBDIVISION (TOWN ATTORNEY ERIC HEIL) Michael Cacioppo commented. Councilor Reynolds moved to approve Ordinance 16-06 Approving a Purchase and Sale Agreement for the Mountain Vista Office Building; Councilor Smith Hymes seconded the motion and it passed on a 5 to 2 vote. Councilor Prince and Councilor Gennett voted no. 6.6 CONSENT AGENDA START TIME: 01:37:45 6.6.1 RESOLUTION 16-07 APPROVING EASEMENTS FOR THE METCALF BIKE CLIMBING LANE CONSTRUCTION PROJECT (TOWN ATTORNEY ERIC HEIL) 6.6.2 MINUTES FROM MARCH 8, 2016 MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve the consent agenda; Councilor Reynolds seconded the motion and it passed unanimously by those present. 7. WORK SESSION START TIME: 01:39:51 7.1. REVIEW AND DIRECTION IN REGARDS TO ALLOWING ONE OR MORE FOOD TRUCKS TO OPERATE ON TOWN PROPERTY AND RIGHT-OF-WAYS; AND, TO ALLOW ONE OR MORE MOBILE VENDOR CARTS TO OPERATE AT NOTTINGHAM PARK AT DESIGNATED LOCATIONS (FESTIVAL AND SPECIAL EVENTS DIRECTOR DANITA DEMPSEY) Michael Cacioppo and Dan Purtell commented. Councilor Prince left the meeting at 7:36 p.m. 7.2. REVIEW AND ACTION ON A REQUEST TO SET A DATE FOR A TOWN CLEAN-UP DAY ON MAY 14TH AND FUNDING OF $3,500 (COUNCILORS MEGAN BURCH AND SARAH SMITH HYMES) Mayor Pro Tem Wolf moved to approve the date of May 14th for an all Town Clean-up Day and to authorize the expenditure of $2,500 from the General Fund - Community Picnic line item, plus an additional $1,000 from the General Fund Contingency, for expenses; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Prince was absent. 8. WRITTEN REPORTS 8.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, MARCH 22, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 03-22-2016 Minutes Page 4 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR START TIME: 02:49.30 9.1. COLORADO ASSOCIATION OF SKI TOWNS (MAYOR JENNIE FANCHER) 10. MAYOR & COUNCIL COMMENTS 11. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 7:58 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 ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Virginia C. Egger, Town Manager Date: April 12, 2016 Agenda Topic: Town Avon 2016-2017 Strategic Plan – 1st Quarter Status Report SUMMARY: Resolution 15-16, which adopted the Town of Avon 2016-2017 Strategic Plan, required that quarterly updates be presented to the Town Council. Please find attached the 1st Quarter State Report, which details efforts, over the period, on the prioritized strategies in the plan. I believe the Council will find that the Strategic Plan is an effective guide for staff, and, thereby, for the community to bring focus, funding and work direction to meet the near and longer term vision and needs of the Town of Avon. The Strategic Plan, of course, does not account for all direction by the Town Council or unforeseen needs or opportunities and activity for staff work or Council agenda items, but does set forth major undertakings through the two year planning horizon. Significant success in most Tier 1 priorities are summarized in the Report, with work progressing as staff resources are available on Tier 2 and on-going strategies. Please let me know if you would like more detailed information on the Update. ATTACHMENT: Town of Avon 2016-2017 Strategic Plan - 1st Quarter Status Report TOWN OF AVON 2016-2017 STRATEGIC PLAN 1st QUARTER STATUS REPORT Adopted by the Avon Town Council Resolution 15-16, Series of 2015 October 13, 2015 2016-17 STRATEGIC PLAN October 13, 2015 Purpose of the Strategic Plan The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of Avon. This work of the Council has been done since 2013, when the Town’s first Strategic Plan was developed and adopted at regular Council meetings, with meeting notice. In July of 2015, the Town Council provided the opportunity for residents and businesses to identify the most important issues in the Town through civic engagement outreach at open houses. The outreach was specific to the development of a community survey, which was distributed to all residential households and businesses in Avon on August 3, 2015. Results were presented to Council on September 22, 2015. The results have aided the Council in identifying priorities over the next several years and have provided information as to other methods to engage the public in the vision and strategic planning of the Town. The Strategic Plan is updated each year to reflect dynamic change, as may be needed, and to present to the Avon community the important work planned by the Town over the planning period. • The following section presents the Strategic Plan Vision, which provides a dynamic overview describing the way of life in Avon, the values the community holds and serves as a comprehensive statement regarding the focus and directed outcomes of the Town’s work. • From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the Town. The four outcomes, with successes, challenges and strategies to achieve each vision are detailed, resulting in a Strategic Plan.  Once the Strategic Plan is adopted, a budget is prepared to meet the multi-year program, followed by each department submitting a business work plan to the Town Manager identifying the timing and process for implementing each strategy. Progress on the work plans are monitored to ensure outcomes are met. Pa g e 2 2016-17 STRATEGIC PLAN October 13, 2015 Strategic Plan Vision “… To provide a high quality of life, today and in the future, for a diversity of people and interest, and to promote their ability to live, work, visit and recreate in the community.” TOWN OF AVON COMPREHENSIVE PLAN, REVISED MARCH - 2008 The Town of Avon, surrounded by natural beauty, is today a strong community, which will maintain a focus on families and workers, and that will build on its strengths to become a nationally and internationally recognized year-round mountain resort community. Committed to providing a high level of municipal services for our citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational and educational offerings in partnership with our broader community and regional public and private sector agencies, thereby ensuring sustained economic vitality and a vibrant community experience. Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at its founding and in its early years. It is this superior level of quality development that Avon believes will be its comparative advantage in the future, and, therefore, will work to attract and promote these types of developments by ensuring Town plans and incentives are constructed in a manner which provides the development community clear and timely information; and by steadfastly maintaining a professional and solution-oriented municipal business. The Town will continue to value and support our full-time and part-time resident population by providing an exceptional level of municipal services and by working to retain existing businesses as the Town seeks to expand its retail and commercial base, while fostering our sense of community through both our spirit and the built environment. The importance of vibrancy and activity within the Town will be supported by attracting an array of new and diverse cultural and recreational events to Avon which are in concert with the values of our community and serve to nurture a cohesive sense of place and public. It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and efficiency in providing government services and a practiced belief in open and transparent governance that will lead the successful implementation of this vision for the growth and development of Avon. Pa g e 3 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 4 Strategic Plan Fiscal Years 2016-17 SUPPORT A STRONG COMMUNITY, BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY The Town will continue to value and support our community through a strong and diverse economy, attentive to business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base. The Town’s commitment to planning for future growth; openness to new community development trends; and, recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic relationship for the successful construction of the built environment and business growth. RECENT SUCCESSES MEDICAL OFFICE BUILDING NEGOTIATION, APPROVAL & BUILDING PERMIT - AVON ROAD SAFETY IMPROVEMENTS FOR PEDESTRIANS AND BIKES - ELEMENTARY SCHOOL STREET SAFETY IMPROVEMENTS - DEVELOPMENT OF WALKABILITY PLAN & WAYFINDING IMPROVEMENTS - BUFFALO RIDGE BUS SERVICE - BUS SHELTER PLANNING & FUNDING – STREET & PUBLIC LOTS PARKING PROMOTION - BRAND PLATFORM ADOPTED MARKETING RFP DISTRIBUTED - REGIONAL AND KEY STAKEHOLDER MEETING PARTICIPATION CURRENT CHALLENGES SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR WORKERS & SENIORS - FEW HOUSING OWNERSHIP OPPORTUNITIES - CHANGING DEMOGRAPHICS OF THE SKI INDUSTRY & INCREASED COMPETITION STRATEGIES Tier 1 Priorities  Update the comprehensive plan, including demographic data update and consideration of policy support for the millennial generation and seniors IN PROGRESS – Significant work on the plan update has been delayed until the PZC seats are filled and an orientation process is completed.  Develop diverse options for local working housing through public - private partnerships; study successful models in other resort communities IN PROGRESS – A visit to the City of Aspen was completed; have attended housing meetings hosted by Eagle County and begun conversations on deed restricted housing “client” services being centralized at the County.  Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit, parking and wayfinding IN PROGRESS – The design of Beaver Creek Boulevard from Beaver Liquors to Lake Street, with construction scheduled in 2017, is underway; wayfinding signage being planned; evaluation of transit with Beaver Creek set for spring discussions  Complete Wildridge design guidelines to address constraints and neighborhood compatibility FINAL COUNCIL ACTION SCHEDULED FOR MEETING: APRIL 12 Tier 2 Priority NO ACTION HAS YET BEEN TAKEN ON THESE STRATEGIES  Map railroad right-of-way and Town easements to evaluate transportation options 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 5  Work with local merchants on a bike sharing program  Evaluate the pros and cons of zoning Wildridge  Conduct a survey in the Wildridge development to assess interest in transit ridership, including but not limited to days and hours of operation On-going  Maintain a strong partner relationship with our business community, developers, Vail Valley Partnership and the Vail Leadership Institute Business meeting planned for Spring 2016; communication and outreach occurs topic by topic  Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for developments in the Town of Avon to discuss current issues, development needs and opportunities Meeting this strategy proactively 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 6 Strategic Plan Fiscal Years 2016-17 PRESERVE & ENHANCE THE NATURAL ENVIRONMENT Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the Town. Avon will promote sustainability through the funding of programs and projects to protect the Town’s and the regions clean waters and clean air. RECENT SUCCESSES WATER AUTHORITY MASTER PLAN COMPLETED - AVON & POST BLVD ROAD IMPROVEMENTS/ WATER CONSERVATION - IBC/WILDLAND FIRE UPGRADE - WILDLAND FIRE MODULE IN WILDRIDGE CURRENT CHALLENGES POTENTIAL COLORADO WATER COMPACT CALLS & SHORTAGES - WILDFIRE POTENTIAL - POTENTIAL LONG-TERM DROUGHT IMPACTS - EAGLE RIVER PROTECTION - CLIMATE CHANGE - RESOURCE COST ESCALATION STRATEGIES Tier 1 Priorities  Within the Council membership, develop succession knowledge of water rights and understandings in the Water Master Plan Agreement so that institutional history and relevant facts are retained and serve as the basis for future domestic water decisions ON-GOING – May 10th meeting will be a work session with the UERWA  Participate with Water Authority representatives to develop a program and policy for the accounting and dedicated use of unallocated water held by the Authority IN PROCESS  Partner with ERFPD on wildfire protection, methods and education Reviewed with Fire Chief Karl Bauer on April 5th; proactive education and, pending fire season civic outreach  Continue with the Water Authority, Avon representatives and Mountain Star residents to reach resolution of the Mountain Star water tank, fire flow, and system delivery issues FINAL COUNCIL ACTION SCHEDULED FOR MEETING: APRIL 12TH  Amend the Town’s landscape code to more effectively replace vegetation which has been removed Work not yet commenced due to staff positon opening Tier 2 Priorities No activity except as noted  Process Annexation and Zoning applications, including surveying and public notification requirements, for the 85.99 acre “Village Parcel” deeded to Town through the Eagle Valley Land Exchange of 2013  Evaluate climate action plan/adaptation needs for public and private properties  Evaluate waste reduction options  Resolve Avon Drinking Water Facility fenced area for ownership and/or lease to the Water Authority; and, in the interim, remediate liability concerns Agenda item for UERWA May 10th meeting with Council 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 7  Assess the Town's public tree stock in the park and in right-of-ways for timely replacement Assessment begun On-going  Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate, needed Eagle River improvements Town Engineer Justin Hildreth represents the Town 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 8 Strategic Plan Fiscal Years 2016-17 DEVELOP INCLUSIVE & DIVERSE ECONOMIC, EDUCATIONAL & CULTURAL OPPORTUNITIES The importance of vibrancy and activity within the Town will be supported by partnering with existing special events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive sense of place and public. RECENT SUCCESSES PAVILION COMPLETION & DIVERSE ACTIVATION - MAIN STREET MALL COMPLETION & ACTIVATION - 2015 CHAMPIONSHIPS APRES AVON & AUDI SUCCESS - WEST AVON MULTI-USE TRAILS CONSTRUCTED & MAINTAINED - MALL MOBILE CART PROGRAM - SOLICITATION FOR 3RD PARTY PAVILION CONTRACTOR - RECREATION CENTER UPGRADES - PLAYGROUND RFP – MARKETING PLAN RFP CURRENT CHALLENGES IDENTIFYING & NURTURING A DIVERSE & SUSTAINABLE YEAR-ROUND SCHEDULE OF CULTURAL EVENTS - SUMMER REVENUE, WHEN MEASURED BY SALES TAX, LAGS WINTER RECEIPTS. STRATEGIES Tier 1 Priorities  Fund a diverse program of vibrant arts, educational, cultural and recreational offerings at the Pavilion & Mall Presented to Town Council on January 26th the array of festivals and events for 2016, including three new multi-day events at the Pavilion and programming for the mall – all receiving funding; continue to vet proposals and solicit activity on an on-going basis  Upgrade and relocate the Nottingham Park Playground, prioritizing this project for a 2016 GOCO grant application IN PROGRESS – Design work is underway with community engagement; a grant will be applied for with construction planned for 2017  Update the Avon Trails Plan to provide a comprehensive, prioritized soft and hard trails plan, including trail connectivity; pursue grant funding IN PROGRESS – A draft of the updated Trails Master Plan is scheduled for delivery in early May; adoption is scheduled for June after public comment and revisions; new trail construction is slated for mid to late summer 2016 based upon the plan priorities  Develop and fund an effective marketing plan for civic engagement, Avon’s events, revenue-generating programs, vacation amenities (including lake, beach, and trails), and promoting Avon as a place to play, work and live. The plan will evaluate the use of social media, website and print media. Reaching all segments of the population is paramount, including but not limited to residents, visitors, the younger generation and Hispanic population. IN PROGRESS – Plan in development phase with community steering committee; final marketing plan expected to be completed and ready for implementation by June 1st. Tier 2 Priorities  Provide needed improvements to Whitewater Park, its parking and access Scheduled for Fall, 2016 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 9  Support regional World Class events and the Walking Mountains School On Going  Build photo monuments around the commercial core to memorialize Avon’s history Not funded at this time  Work to keep and maintain the Hahnewald Barn on site Supporting informational needs of a citizen effort  If possible, find a new location for Blacksmith Barn Evaluating Red House site open space with owner  As appropriate, share the results of the Community Survey with potential business interests in terms of types of businesses and services desired in Avon On-going  Maximize the grant resources available through potential sources available such as through the Office of Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a Scientific & Cultural Facilities District, and Department of Local Affairs On going 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 10 Strategic Plan Fiscal Years 2016-17 PROVIDE A RESPONSIVE, CUTTING-EDGE & EFFECTIVE GOVERNMENT Ensure that Town government is managed and operated as a “competitive” business and in a manner which is client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing best practices, and using Town resources effectively and efficiently in each department. Provide for the development of capital projects, which support the community-resort economy, and promote the Town brand through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-go, new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative and resilient to change RECENT SUCCESSES COUNCIL STRATEGIC PRIORITY DIRECTION/PLAN - BALANCED BUDGETS/RESERVES MAINTAINED - RESPONSIVENESS FOR WYNDHAM AND MEDICAL OFFICE BUILDING REVIEWS - COMMUNITY SURVEY - CIVIC ENGAGEMENT PROGRAMS - TOWN HALL STUDY COMPLETED - DEFFERED MAINTENANCE FUNDING - EXPENDITURE SAVINGS FROM ORGANIZATIONAL RESTRUCTURING,IMPLEMENTATION OF POWERPLAN RFP SOLICITATION FOR TRACT G CURRENT CHALLENGES FUNDING FOR TOWN HALL/PUBLIC SAFETY FACILITY - FUNDING FOR OTHER CAPITAL PROJECTS - CIVIC ENGAGEMENTOUTREACH CHALLENGES - LABOR FORCE COMPETITION - COMPETING FOR GRANTS FOR PUBLIC PROJECTS STRATEGIES Tier 1 Priorities  Determine location(s), costs and financing plans for the Town Hall and Police Department Action before Town Council for Town Hall on April 12th and May 3rd ballot for Police Department  Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating deferred maintenance funds as required, and seeking long term debt approval, when appropriate ON-GOING – Additional budget supplement on April 12th agenda Tier 2 Priority  In a collaborative work group, with Eagle County, its municipalities and major metropolitan districts, review Eagle County’s revenues and expenditures apportionment Programmed in 3rd quarter On-going All strategies consistently met except as noted  Provide strategic Council leadership, consistently practicing open and transparent government  Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a bi-annual community survey, volunteerism program, etc.  Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to economic fluctuations; transfer surplus funds to capital projects  Continue to develop annual Department work plans, which are measurable and maintain accountability 2016-17 STRATEGIC PLAN October 13, 2015 Pa g e 11  Hold annual or bi-annual sessions in joint meeting settings with government partners Nonscheduled in the 1st Quarter