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TC Packet 09-13-2016 Part 1 TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 13, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 2:30 PM REGULAR MEETING BEGINS AT 2:35 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 2:30 PM AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS (SEE SEPARATE AGENDA PAGE 3) 2:35 PM REGULAR MEETING BEGINS 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. PRESENTATION – EAGLE COUNTY CLIMATE ACTION PLAN (WALKING MOUNTAINS DIRECTOR OF SUSTAINABILITY & STEWARDSHIP PROGRAMS KIM LANGMAID) 5. ACTION ITEMS 5.1 PUBLIC HEARING OUTDOOR USE OF AMPLIFIED SOUND APPLICATION REVIEW FOR AGENCY BE EVENT & MARKETING (FESTIVAL & SPECIAL EVENTS DIRECTOR DANITA DEMPSEY) 5.2 FIRST READING OF ORDINANCE 16-18, TO APPROVE DEED AND EASEMENTS FOR TRACT O AND LOT 39, BLOCK 4, WILDRIDGE (PLANNING DIRECTOR MATT PIELSTICKER) 5.3 PUBLIC HEARING SECOND READING OF ORDINANCE 16-14, APPROVING CODE TEXT AMENDMENTS FOR PUBLIC FACILITIES AND TOWN CENTER ZONE DISTRICT STANDARDS (PLANNING DIRECTOR MATT PIELSTICKER) 5.4 PUBLIC HEARING SECOND READING OF ORDINANCE 16-17 TO AMEND DRINKING WATER LEASE WITH THE UPPER EAGLE REGIONAL WATER AUTHORITY (TOWN ATTORNEY ERIC HEIL) 5.5 ACTION ON REQUEST BY TREADSTONE DEVELOPMENT, LLC TO PROCESS A DEVELOPMENT APPLICATION FOR A HOTEL PROJECT USING PORTIONS OF TOWN PROPERTY (PLANNING DIRECTOR MATT PIELSTICKER) 5.6 ACTION ON RENEWABLE ENERGY OPTIONS AT THE PUBLIC SAFETY FACILITY (TOWN ENGINEER JUSTIN HILDRETH) 6. CONSENT AGENDA 6.1. INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND THE EAGLE COUNTY SHERIFF’S OFFICE/ COUNTY OF EAGLE (POLICE CHIEF GREG DALY) 6.2. INTERGOVERNMENTAL AGREEMENT OF THE COLORADO INFORMATION SHARING CONSORTIUM (POLICE CHIEF GREG DALY) 6.3. RESOLUTION 16-24, APPROVING PERMANENT DRAINAGE EASEMENT, LOT 33, WITH BECK FAMILY PARTNERSHIP, LTD (PROJECT ENGINEER JIM HORSLEY, TOWN ATTORNEY ERIC HEIL) 6.4. APPROVAL OF THE AUGUST 23, 2016 MINUTES (DEPUTY TOWN CLERK BRENDA TORRES) 7. PRESENTATION – CHIEF GREG DALY SWEARING IN & BADGE PINNING CEREMONY 8. EXECUTIVE SESSION 8.1. EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(A) AND TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 13, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 2:30 PM REGULAR MEETING BEGINS AT 2:35 PM AVON TOWN HALL, ONE LAKE STREET _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) CONCERNING CONSERVATION OF CERTAIN TOWN OWNED PROPERTY 8.2. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) AND TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) CONCERNING EAGLEBEND AFFORDABLE HOUSING 8.3. EXECUTIVE SESSION 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) IN REGARDS TO A PUBLIC-PRIVATE PARTNERSHIP 9. MOTION TO CONTINUE THE MEETING TO 6:00 PM 6:00 PM CONTINUATION OF REGULAR MEETING 10. CALL TO ORDER & ROLL CALL 11. ACTION ITEM 11.1. FIRST READING OF ORDINANCE 16-20, REPEALING THE 2009 RECREATIONAL TRAILS MASTER PLAN, AND APPROVING THE 2016 RECREATIONAL TRAILS MASTER PLAN; SETTING A PUBLIC HEARING FOR SECOND READING ON OCTOBER 11, 2016 (PLANNING DIRECTOR MATT PIELSTICKER)  PLAN PRESENTATION (PLANNING DIRECTOR MATT PIELSTICKER/OLSSON ASSOCIATES ALEX NEES)  COLORADO PARKS AND WILDLIFE RECOMMENDATION (WILDLIFE MANAGER BILL ANDREE)  TOWN COUNCIL QUESTIONS, IF ANY  PUBLIC COMMENTS (TWO-MINUTE LIMIT)  TOWN COUNCIL QUESTIONS & COMMENTS  TOWN COUNCIL ACTION 12. WRITTEN REPORTS 12.1. UPDATE ON DUE DILIGENCE FILING FOR AVON LAKES NO. 1 AND NO. 2 (TOWN ENGINEER JUSTIN HILDRETH) 12.2. IMPLEMENTATION OF HB16-1311 PERTAINING TO VACATING WARRANTS (TOWN ATTORNEY ERIC HEIL) 13. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 13.1. PUBLIC ACCESS TV CHANNEL 5 & ECO (MAYOR PRO TEM JAKE WOLF) 14. MAYOR & COUNCIL COMMENTS 15. TOWN MANAGER UPDATE 16. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, SEPTEMBER 13, 2016 AVON LIQUOR AUTHORITY MEETING BEGINS AT 2:30 PM AVON TOWN HALL, ONE LAKE STREET _________________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 3 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: FIRST DESCENTS EVENT NAME: MAN OF THE CLIFF EVENT DATES: OCTOBER 15 & 16, 2016 EVENT TIME: 9:00 A.M. UNTIL 5:00 P.M. LOCATION: NOTTINGHAM PARK EVENT MANAGER: ADAM WILLIAMS PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: DILLON COMPANIES, INC. D/B/A CITY MARKET NO. 26 LOCATION: 260 BEAVER CREEK PLACE TYPE: 3.2 % BEER RETAIL MANAGER: JEFF GENTILLINI 5.2. APPLICANT: CHAIR FOUR, LLC. D/B/A VIN 48 LOCATION: 48 E. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: COLLIN BAUGH 5.3. APPLICANT: SUNCOR ENERGY SALES, INC. D/B/A SHELL LOCATION: 47 NOTTINGHAM ROAD TYPE: 3.2 % BEER OFF PREMISES MANAGER: ANAKUT LOYA 5.4. APPLICANT: R&E ENTERPRISE, INC. D/B/A GONDOLA PIZZA LOCATION: 240 CHAPEL PLACE #113 TYPE: HOTEL AND RESTAURANT MANAGER: CLAUDIU POPA 5.5. APPLICANT: KRUSEN, INC. D/B/A AVON LIQUORS LOCATION: 100 W. BEAVER CREEK BLVD. TYPE: LIQUOR STORE MANAGER: BRIAN KRUSE 6. MINUTES FROM AUGUST 9, 2016 7. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016 AVON TOWN HALL, ONE LAKE STREET LA 8-09-2016 Minutes.docx Page 1 1. CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Buz Reynolds, Megan Burch, Sarah Smith Hymes and Jake Wolf. Matt Gennett and Scott Prince were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Planning Director Matt Pielsticker, Town Engineer Justin Hildreth, Police Chief Greg Daly, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: BRIGHT FUTURE FOUNDATION FOR EAGLE COUNTY EVENT NAME: AVON LIVE! EVENT DATES: AUGUST 17, 24 & 31, 2016 EVENT TIME: 4:00 P.M. UNTIL 9:00 P.M. LOCATION: NOTTINGHAM PARK EVENT MANAGER: CASEY ANGEL PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR The application was presented with no concerns. Chairman Fancher opened the public hearing and no comments were made. Board member Smith Hymes moved to approve the Special Event Permit application for the upcoming Avon Live! events; Vice Chairman Wolf seconded the motion and it passes unanimously by those present. Board member Gennett and Board member Prince were absent. 4.2. APPLICANT NAME: BIG HEARTS BIG HANDS EVENT NAME: SKYLIGHT CREATIVE WRITING RETREAT EVENT DATES: SEPTEMBER 2-4, 2016 EVENT TIME: 2:00 P.M. UNTIL 9:00 P.M. LOCATION: NOTTINGHAM PARK EVENT MANAGER: MICHAEL WELLE PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR The application was presented with no concerns. Chairman Fancher opened the public hearing and no comments were made. Board member Burch moved to approve the Special Event Permit application for the upcoming Skylight Creative Writing Retreat; Board member Reynolds seconded the motion and it passes unanimously by those present. Board member Gennett and Board member Prince were absent. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 9, 2016 AVON TOWN HALL, ONE LAKE STREET LA 8-09-2016 Minutes.docx Page 2 5. PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE 5.1. APPLICANT NAME: CTK, LLC D/B/A CHRONIC TACOS LOCATION: 150 EAST BEAVER CREEK BLVD, UNIT A101 TYPE: HOTEL AND RESTAURANT LIQUOR LICENSE OWNER: ANTHONY KERRIGONE MANAGER: CHAD WILKISON ACTION: RESOLUTION NO. 16-01 Board Member Prince arrived at 5:10 pm. The application was presented, Mayor Fancher addressed Mr. Kerrigon’s DUI charge. Chairman Fancher opened the public hearing and Peter Buckley commented. Board member Reynolds moved to approve Resolution No. 16-01 A Resolution Approving the Application of CTK, LLC d/b/a Chronic Taco’s for a Hotel and Restaurant Liquor License; Vice Chairman Wolf seconded the motion and it passed 5 to 1 vote. Board member Prince voted no. Board member Gennett was absent. 6. MINUTES FROM JULY 26, 2016 Board member Smith Hymes moved to approve the Minutes from July 26, 2016; Vice Chairman Wolf seconded the motion and it passed unanimously by those present. Board member Gennett was absent. 7. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 5:11 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: Preston Neill, Executive Assistant to the Town Manager Date: September 13, 2016 Agenda Topic: Eagle County Climate Action Plan SUMMARY: Kim Langmaid, Director of Sustainability and Stewardship for the Walking Mountains Science Center, will be present at Tuesday’s meeting to provide an update on the Eagle County Climate Action Plan. ATTACHMENT: Climate Action Plan for the Eagle County Community PowerPoint Presentation Climate Action Plan for the Eagle County Community Update Presentation for Stakeholders September 2016 Our Mountains and Valleys are at Risk… •July 2016 was the hottest month on record for global temperatures •In Colorado there are now 23 fewer frost free days than before the 1980s •Scientists predict we’ll gain 30 more frost free days by 2060 •Warmer average temperatures are on the rise, summers will be hotter •Increasing forest insect pests and diseases are changing our forests •Spring snow packs are declining and less predictable •There are shifts in timing of peak snow pack and spring runoff •Scientists predict more extreme events -wildfires, droughts and floods •Our mountains and valleys, and our community, are at risk Climate Pollution is Costing Us… •The Eagle County community spends $243.5 million annually on fuels and electricity that create polluting greenhouse gases •This is about $66,700 spent each day by our community, or about $5,300 per person annually •On a per capita basis, the Eagle County community produces 30% more emissions than the U.S. average •This does not include the costs of climate adaptation—fighting fires, removing beetle-killed trees, and watershed projects to lessen the impacts of drought and flooding •Cutting our energy use just 10 percent would save our community at least $24 million each year Here’s where our Climate Pollution comes from: •Data: Eagle County 2014 greenhouse gas inventory •Total = 1.4 million tons CO2 per year •$243 million per year spent on fuels and electricity We Want to Protect Our Community Values Our Community Health and Well Being -we can help prevent community health threats like increasing insect borne diseases, increasing allergies, smoke waves from wildfires, and other forms of air and water pollution Our Environment and Recreation –we can help protect the places we like to play, prevent our mountains and valleys from drought and flooding, and support the forests and wildlife that depends on our mountain ecosystem We Can Lead the Way for our Economy –investing in energy efficiency, solar arrays, electric and hybrid vehicles, smart growth, and creating new green jobs will make us leaders in the coming “post carbon economy” Goals for the Climate Action Plan for the Eagle County Community: •Engage community stakeholders •Set meaningful, achievable greenhouse gas emissions reduction targets for the Eagle County community •Build on stakeholders’ knowledge and commitment to positive change •Collaborate across towns, businesses, and organizations •Support other regional and state efforts Stakeholders Town of Avon Town of Gypsum Town of Eagle Town of Minturn Town of Vail Eagle County Colorado Mountain College Eagle County Schools Eagle River Water & Sanitation District Eagle River Youth Coalition East West Destination Hospitality Energy Smart Colorado Ground Up Composting Holy Cross Energy Vail Honeywagon Vail Mountain School Vail Resorts Vail Valley Foundation Vail Valley Medical Center Walking Mountains Science Center Stakeholders’ “What Success Looks Like” •Align the plan with community and organizational values •Set realistic and achievable GHG reduction targets •Community endorsement, ownership and support of the plan is critical “Business As Usual” Scenario for Eagle County Eagle County GHG forecasting data from Dr. Abel Chavez, Western State Colorado University Stakeholders Recommend Targets Reduce GHG emissions % below 2014 Baseline: •25% by 2025 •50% by 2035 •70% by 2045 •80% by 2050 (IPCC recommendation) Stakeholders Recommend Goals by Sector • • • • • Stakeholders’ Recommendations for Decision Makers •Adopt the climate action plan •Pick and choose goals and actions •Participate in county-wide task force •Identify people to implement •Allocate funds for projects •Measure GHG reductions •Celebrate community successes! Your input is welcome! Open House Sessions 5-7 p.m. •Wednesday Sept. 14 -Brush Creek Pavilion •Monday Sept. 19 -Grand View, Vail •Thursday Sept. 22 –Miller Ranch Community Room •For more information and to give feedback go to: www.walkingmountains.org/cap or email cap@walkingmountains.org TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Danita Dempsey, Director of Festivals & Special Events Meeting Date: September 13, 2016 Agenda Topic: PUBLIC HEARING SOUND PERMIT APPLICATION FOR AGENCY BE – PRIVATE PARTY PAVILION RENTAL ACTION BEFORE COUNCIL The Town Council is asked to consider approving an Amplified Sound Permit on September 13, 2016, as requested by Agency BE for a private event to be held on the Performance Pavilion. PROPOSED MOTION I move to approve (or approve with conditions or deny) the Amplified Sound Permit for Agency BE for a private event to be held on the Performance Pavilion on Thursday, September 29, 2016. OVERVIEW A Public Hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound systems before 9:00 a.m. or after 8:00 p.m. in Harry A. Nottingham Park (Avon Municipal Code Chapter 5.24.020). The amplified use hours for the Agency BE private event 6:00 p.m. to 11:00 p.m. Agency BE will briefly test the sound system and perform sound checks not earlier than 6:00 p.m. concluding at 6:25 p.m.; and, final public announcements will conclude not later than 11:00 p.m. The private event entertainment will include a live DJ will performing between the hours of 6:30 p.m. and 8:30 p.m.; a live band will perform between the hours of 8:30 p.m. and 10:00 p.m.; and, the live DJ will close-out the entertainment performing between 10:00 and 11:00 p.m. A PUBLIC NOTICE was published in the Vail Daily on September 7, 2016 announcing the Public Hearing on September 13, 2016. The $25 processing fee for the amplified sound permit has been received. The applicant has been invited to attend the meeting. BACKGROUND Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the following: 1.1. Comments by the public. 1.2. Necessity of the permit for the cultural, historical or social benefit of the community. 1.3. Proximity of the proposed location to residential neighborhoods. 1.4. Proposed direction of sound projection. 1.5. Screening of sound from neighboring properties. 1.6. Compatibility with other uses and activities in the vicinity. The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. ATTACHMENT  Application for Outdoor Use of Amplified Sound Equipment And Diagram of Event on the Performance Pavilion and Nottingham Park showing Amplified Sound Projections Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 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. 16-21, Lot 39 and Tract O Conveyances DATE: September 9, 2016 Summary: The Reynolds Corporation desires to construct duplexes on Lot 39 and has proposed to swap a portion of Lot 39 with the lower portion of Tract O to facilitate the design of the access driveway. A water storage tank is currently located on the upper portion of Tract O. The Avon Planning Commission took action to recommend approval of the land swap as proposed by the owner of Lot 39. The Upper Eagle River Water Authority provided a letter and diagram requesting certain restrictions and acknowledgements about a future water storage tank as well as a request for additional area of Lot 39 to be added to Tract O to facilitate a future replacement water storage tank. The Authority has no immediate plans to construct a replacement water storage tank, but values the designation of suitable areas for future construction of a replacement water storage tank. Conveyance of a portion of Tract O to Reynolds Corporation by fee simple rather than an easement is preferred because (1) the Town will not require indemnification and insurance as is typical for private development by easements on Town property and (2) Lot 39 can be amended so that the driveway access is on the Lot. The lower portion of Tract O has not been in use for public purpose, therefore, no election is required to convey this portion of the property in accordance with Section 18.3 of the Avon Home Rule Charter. Proposed Motion: “I move to approve first reading of Ordinance No. 16-20 Approving the Conveyance of a Portion of Tract O and the Acquisition of a portion of Lot 39, Wildridge Subdivision, Avon, Colorado.” ATTACHMENTS: Ordinance No. 16-18 Site Plan from UERWA depicting desired portion of Lot 39. Thank you, Eric M EMORANDUM & PLANNING, LLC Ord 16-18 Authorizing Lot 39-Tract O Land Exchange FINAL READING – September 13, 2016 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 16-18 APPROVING THE CONVEYANCE OF A PORTION OF TRACT O AND THE ACQUISITION OF A PORTION OF LOT 39, WILDRIDGE, AVON, COLORADO WHEREAS, the Town of Avon owns Tract O, Wildridge Subdivision, Avon, Colorado, (“Tract O”) of which the upper portion is used for a water storage tank for the drinking water systems system serving the community and the lower portion of which is not used for public purpose; and, WHEREAS, the Reynolds Corporation is the owner of Lot 39, Block 4, Wildridge Subdivision, Avon, Colorado, (“Lot 39”), which is adjacent to Tract O, and Reynolds Corporation has proposed to convey a portion of Lot 39 to the Town of Avon and trade for acquiring a portion of the lower section of Tract O which is not used for public purposes and which will facilitate the construction of driveway access for the development of Lot 39; and, WHEREAS, the Upper Eagle River Water Authority has reviewed the proposed acquisition of a portion of Lot 39 and has indicated that such acquisition will provide suitable adjacent land for the construction of a replacement water storage tank, and will therefore facilitate the future capital investment in the drinking water system that serves the Avon community; and, WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town of Avon may receive and dispose of real property; and WHEREAS, the Avon Town Council finds that approval of the exchange of land will promote the efficient and secure provision of drinking water to the Avon community and will thereby promote 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 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 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. Ord 16-18 Authorizing Lot 39-Tract O Land Exchange FINAL READING – September 13, 2016 Page 2 of 3 Section 2. Conveyances Subject to Subdivision Plat. The conveyance of a portion of Lot 39 from the Reynolds Corporation to Town of Avon and the conveyance of a portion of Tract O from the Town to the Reynolds Corporation shall be conditioned upon and subject to the administrative review and approval of a subdivision plat to adjust such lot lines according, and which subdivision plat shall include such easements for drainage, utilities, adjacent sub-lateral support and other purposes as are determined appropriate by the Town. Section 3. Acquisition of a Portion of Lot 39. The Town Council hereby authorizes the acceptance of real property as acquired by and through a Special Warranty Deed in substantially the same form as attached hereto as Exhibit A: Special Warranty Deed Conveying a Portion of Lot 39. Section 4. Conveyance of a Portion of Tract O. The Town Council hereby authorizes the conveyance of a Portion of Tract O by and through a Special Warranty Deed in substantially the same form as attached hereto as Exhibit B: Special Warranty Deed Conveying a Portion of Tract O and further authorizes the Mayor and Town Clerk to execute the Special Warranty Deed. 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 (30) days after the date of final passage 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. Ord 16-18 Authorizing Lot 39-Tract O Land Exchange FINAL READING – September 13, 2016 Page 3 of 3 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on September 13, 2016 and setting such public hearing for October 11, 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 October 11, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: Town of Avon P.O. Box 975 Avon, CO 81620 Attn: Debbie Hoppe, Town Clerk SPECIAL WARRANTY DEED Reynolds Corporation, a Colorado corporation (“Grantor”), whose regular mail (United States Postal Service) address is _______________________, for the consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the Town of Avon, a home rule municipality of the State of Colorado (“Grantee”), whose street address is One Lake Street, P.O. Box 975, Avon, Colorado 81620, County of Eagle, State of Colorado, the real property that is described as follows: A portion of Lot 39, Block 4, Wildridge Subdivision, Avon, Colorado, described as follows: [Insert Legal Description] TO HAVE AND TO HOLD the said Property unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for itself and its heirs, successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee’s heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to (a) real property taxes and assessments for 2016 and subsequent years, a lien not yet due and payable, and (b) the matters set forth on Exhibit A attached hereto and made a part hereof. Reynolds Corporation, a Colorado corporation By: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me on _________________, 2016, by _________________ as __________ of the Reynolds Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires: public notary EXHIBIT A: SPECIAL WARRANTY DEED CONVEYING A PORTION OF LOT 39 RECORDING REQUESTED BY AND WHEN RECORDED PLEASE RETURN TO: SPECIAL WARRANTY DEED Town of Avon, a home rule municipality of the State of Colorado (“Grantor”), whose regular mail (United States Postal Service) whose street address is One Lake Street, P.O. Box 975, Avon, Colorado 81620, County of Eagle, State of Colorado, for the consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the Reynolds Corporation, a Colorado corporation (“Grantee”), whose address is ________________ , the real property that is described as follows: A portion of Tract O, Wildridge Subdivision, Avon, Colorado, described as follows: [Insert Legal Description] TO HAVE AND TO HOLD the said Property unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for itself and its heirs, successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and Grantee’s heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under Grantor, subject to (a) real property taxes and assessments for 2016 and subsequent years, a lien not yet due and payable, and (b) the matters set forth on Exhibit A attached hereto and made a part hereof. Reynolds Corporation, a Colorado corporation By: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me on _________________, 2016, by _________________ as __________ of the Reynolds Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires: public notary EXHIBIT B: SPECIAL WARRANTY DEED CONVEYING A PORTION OF TRACT O TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, Planning Director Meeting Date: September 13, 2016 Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 2016-14, An Ordinance Approving Amendments to the Public Facilities and Town Center Zone District Standards Council Action Public Hearing and Action on Second Reading of Ordinance 2016-14, An Ordinance Approving the following Amendments to the Public Facilities (PF) and Town Center (TC) zone District Standards: • Residential will be added as allowable by Special Review Use in the PF District with approval by Planning and Zoning Commission (PZC). • Government Services will be added as a use by right in the TC zone district Background Shortly after the Town purchased the Mountain Vista Office Building and Lot 4, Mountain Vista Resort Subdivision, Staff presented the option to rezone the property to PF; this would have been concurrent with the Points of Colorado application to rezone the remainder of the Mountain Vista Resort Subdivision as TC. While the accessory uses of the Mountain Vista building are still pending, the potential to use ground floor space to accommodate retail, a coffee shop, a visitor’s center, or other similar use is being considered. Analysis of the structural capability to hold additional floors, potentially accommodating housing on the top of the building, is also forthcoming. Council provided direction to Staff to further evaluate the zoning options so as to not restrict possibilities with new construction. In the interim, Staff presented draft code text amendments to the Planning and Zoning Commission (PAC) on August 2, 2016. The intent of these changes is to amend the zoning code regulations to reflect current conditions, and also allow flexibility for the future zoning of the Mountain Vista Office Building. Once the final programming is determined, Staff will come back with a rezoning application to either the PF or TC zone district. if the property were rezoned to PF under the current code, the building would be nonconforming due to its height (48’ estimated), and housing would not be permitted. In recent years two other PF buildings–Avon Regional Transportation Operations Facility and Police/Fire building- were approved over the current 40’ height limit through the Comprehensive Plan Amendment process, and the reoccurring nature of the request merits reevaluation. Worker housing is a continual need within Eagle County, and allowing housing in the PF district would help meet demand. On a larger scale, these Code Amendments would permit a level of flexibility necessary for a densifying and growing town. Avon has promoted mixed-use buildings and districts within appropriate areas for a variety of reasons, including the reduced demand on public services, congestion, and to promote year round use and activation in the Town Core area. Allowing  Page 2 government services within the TC district would be a positive continuation of that trend, and responds to the specific case of the Mountain Vista Office Building. Creating more allowed uses within the PF district may help provide needed housing to appropriate areas of the Town. Increasing building scale responds to a series of different building uses within the PF district that have all demonstrated the need for increased allowances. Ultimately, it is unknown what the exact future use of the Mountain Vista Office Building will be, and these changes represent time and location-sensitive changes to the code for future potentials. PZC Recommendation At the August 2, 2016 meeting PZC recommended the following code text amendments: 1. Table 7.24-1. Multi-family Dwellings will be added as a Special Review Use in the PF zone district. 2. Table 7.20-11. Building Height Maximum will increase from 40’ to 60’ in the PF zone district. 3. Table 7.20-11. Maximum Density (Units/Acre) assignment of 15 Units/Acre will be added in the PF zone district. PZC recommended that housing be added as a Special Review Use in the PF zone district in order to review compatibility of future potential housing projects that may be located adjacent or attached to other governmental projects and uses. For example, adding housing to a project on the Town’s Swift Gulch was viewed as a case where additional public review by PZC is necessary to maintain separation of semi-industrial uses and residential uses. When discussing residential land uses on PF properties, there was a desire to add a maximum density per acre in order to add congruency with other zone districts. The number of 15 DU/Acre was chosen as it is comparable to the Residential Medium Density (RMD) zone district. As mentioned above, multiple projects in the PF district have already been approved and/or construction that exceed 40’ in height. After considering implications of an increased building height on other PF properties, the PZC found the change appropriate and recommended that the height be increased to avoid the need to process Comprehensive Plan amendments. PZC discussed adding Governmental Uses as either a Use-by-right or Special Review in the TC zone district. After discussing the possible negative ramifications of having such governmental land uses (County administrative uses on ground floor of Seasons, or Fire Department office next to Avon Station were both cited as examples), the Planning Commission recommended no changes to the TC district and not permitting these types of uses in the future. Staff Discussion As presented at First Reading, Staff’s recommendation is to broaden the allowable housing types in the PF zone district. By allowing all housing types, future housing projects would not rule out the possibility of a Townhouse project or other types of dwelling units. In any case, these mixed-use projects would be special review by PZC. Limiting future projects to 15 DU/acre would not allow flexibility for innovative housing projects. For example, the Mountain Vista Office Building less than ¼ acre in size and would be limited three (3) units. Staff is recommending no restrictions on density for housing in the PF zone district. The additional building height in the PF district – 40’ to 60’, while supported and recommended for approval by PZC and staff, was not reviewed favorably at first reading of the Ordinance. Increases to  Page 3 the allowable building height would continue to be reviewed on a case by case basis in the PF zone district when projects propose a height exceeding 40’. By adding governmental office and facilities as a permitted use in the TC zone district, the Mountain Vista Office Building could be rezoned accordingly. Alternatively, and as discussed by PZC, governmental offices and facilities could be added as a Special Review if deemed necessary. Review Criteria §7.16.040(c), Code Text Amendment Review Criteria. Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the Development Code: (1) The text amendment promotes the health, safety, and general welfare of the Avon Community; (2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; (3) The text amendment promotes or implements the purposes stated in this Development Code; or (4) The text amendment is necessary or desirable to respond to changed conditions, new planning concepts, or other social or economic conditions. Staff Response: These code text amendments are necessary to respond to changing conditions with town facilities and Town Core development. The amendments represent changes to the code for future potential projects that will require creativity and flexibility with land use regulations. The Town’s long range plans acknowledge the continued trend toward ‘out of the box’ projects that may not fit squarely within standard zone districts and could contain a mix of land uses (i.e. governmental, private, retail) within single projects. For example, the West Town Center plan contains a concept for a parking structure in place of Mikaela Way, with housing on top and retail at the ground level facing the Main Street Pedestrian Mall. These code changes would allow further creativity to future public or public-private projects. Options 1. Approve Second Reading of Ordinance 2016-14 as drafted. 2. Continue Second Reading of Ordinance 2016-14 to a future specified meeting. Recommended Motion “I move to Approve second and final reading of Ordinance 16-14, approving the following amendments to the Avon Development Code: 1. Table 7.24-1, Allowed Uses, of the ADC is amended to add “S” (special review use) to the “PF” (Public Facilities zone district) column for the following Residential Uses: Dwelling, Single-Family Detached; Dwelling, Two-Family/Duplex; Dwelling, Townhouse; Dwelling, Multi-Family; Dwelling, live/work; and, Accessory DU; and 2. Table 7.24-1, Allowed Uses, of the ADC is amended to add “P” (permitted) to the “TC” (Town Center zone district) column for the following Public and Institutional Uses: Library; Government services, offices and facilities; and, Post office branches.” Attachment Ordinance 2016-14 Page 1 of 3 SECOND READING – September 13, 2016 Ord No. 16-14 Amending Avon Municipal Code TOWN OF AVON, COLORADO ORDINANCE NO. 16-14 APPROVING CODE TEXT AMENDMENTS FOR THE PUBLIC FACILITIES AND TOWN CENTER ZONE DISTRICTS WHEREAS, the Town of Avon (“Town”) is a home rule authority municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town Council finds that periodic review and updates to the Avon Municipal Code (“AMC”) are necessary to respond to changing conditions; and WHEREAS, the Planning & Zoning Commission (“PZC”) of the Town of Avon held a public hearing on August 2, 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 to the Town Council; and WHEREAS, the Town Council of the Town held a public hearing on September 13, 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; and 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 WHEREAS, the Town Council finds that necessary in response to new conditions affecting governmentally owned properties; and WHEREAS, the Town Council finds approval of the Application is in compliance with the mandatory review criteria; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon home rule charter and the Avon Development 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. Page 2 of 3 SECOND READING – September 13, 2016 Ord No. 16-14 Amending Avon Municipal Code NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Municipal Code Amendments. • Table 7.24-1, Allowed Uses, of the ADC is amended to add “P” (permitted) to the “TC” (Town Center zone district) column for the following Public and Institutional Uses: Library; Government services, offices and facilities; and, Post office branches; and • Table 7.24-1, Allowed Uses, of the ADC is amended to add “S” (special review use) to the “PF” (Public Facilities zone district) column for the following Residential Uses: Dwelling, Single-Family Detached; Dwelling, Two-Family/Duplex; Dwelling, Townhouse; Dwelling, Multi-Family; Dwelling, live/work; and, Accessory DU; and Section 3. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after final adoption 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 Page 3 of 3 SECOND READING – September 13, 2016 Ord No. 16-14 Amending Avon Municipal Code welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 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 August 9, 2016 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on September 13, 2016, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on September 13, 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 Dillon, CO 80435 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: Amendment to Ground Lease for the Avon Water Treatment Plan DATE: September 8, 2016 SUMMARY: The Town of Avon approved a 99 year Ground Lease on Tract P, Benchmark at Beaver Creek, Avon, Colorado, as the Lessor with the Upper Eagle Regional Water Authority (“Authority”) on April 30, 1985, in order to facilitate the Authority’s construction of water treatment plant in Avon. The original Ground Lease included the footprint of the existing building. The Authority has been using additional area around the building for parking, deliver, storage and general work. The Authority is requesting the Town of Avon to approve a First Amendment to the Ground Lease (“First Amendment”) to expand the leased area to include the existing fenced area and small amount of additional land to the east. The First Amendment is for a period greater than 1 year; therefore, Council must approve the First Amendment by ordinance. Council approved Ordinance No. 16-17 on first reading on August 9, 2016. Council is required to conduct a public hearing on second and final per the home rule charter. PROPOSE MOTION: “I move to approve second and final reading of Ordinance No. 16-17 Approving the First Amendment to the Ground Lease on Tract P, Benchmark at Beaver Creek, Avon, Colorado.” FIRST AMENDMENT TERMS: Besides expanding the area of the Ground Lease, the First Amendment would extinguish the Town of Avon’s reserved “airspace” to construct a municipal facility above the existing water treatment plant. The reserved airspace is not a practical legal development right for the Town of Avon due to security considerations for public drinking water authorities. A municipal drainage feature crosses the far east portion of the expanded Ground Lease area. The First Amendment acknowledges the existing municipal drainage feature and provides that the Ground Lease shall be subject to the existing drainage feature. Thank you, Eric ATTACHMENTS: Ordinance No. 16-17 w/ the First Amendment to Ground Lease 1985 Ground Lease M EMORANDUM & PLANNING, LLC Ord 16-17 Amending Ground Lease for Avon Water Treatment Plant FINAL READING – September 13, 2016 Page 1 of 2 TOWN OF AVON, COLORADO ORDINANCE NO. 16-17 AMENDING THE FIRST AMENDMENT TO GROUND LEASE ON TRACT P, BENCHMARK AT BEAVER CREEK, AVON, COLORADO WHEREAS, the Avon Home Rule Charter and Colorado Revised Statute Section 31-15- 713(1)(c) authorizes the Town Council to lease property for a period of more than one year by ordinance; and WHEREAS, the Town of Avon and the Upper Eagle Regional Water Authority entered into a Ground Lease dated April 30, 1985, which provided a 99 year ground lease for a portion of Tract P, Benchmark at Beaver Creek, Avon, CO (“Ground Lease”); and, WHEREAS, the Upper Eagle Regional Water Authority desires to expand the area of the Ground Lease to include adjacent areas; WHEREAS, the Avon Town Council finds that approval of the First Amendment to Ground Lease will promote the efficient and secure provision of drinking water to the Avon community and will thereby promote 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 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 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. Section 2. Amended Lease Authorized. The Town Council hereby approves the First Amendment to the Ground Lease attached hereto as Exhibit A and further authorizes the Mayor and Town Clerk to execute the First Amendment to Ground Lease. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional Ord 16-17 Amending Ground Lease for Avon Water Treatment Plant FINAL READING – September 13, 2016 Page 2 of 2 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 the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. Publication. 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 August 9, 2016 and setting such public hearing for September 13, 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 September 13, 2016. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney EXHIBIT A: FIRST AMENDMENT TO GROUND LEASE {00486769.DOCX / 4} FIRST AMENDMENT TO GROUND LEASE THIS FIRST AMENDMENT TO GROUND LEASE (“Amendment”) is made as of October 13, 2016 by and between TOWN OF AVON, a home rule municipal corporation of the State of Colorado (hereinafter “Lessor”) and UPPER EAGLE REGIONAL WATER AUTHORITY, a separate governmental entity established pursuant to Section 29-1-204.2, C.R.S. (hereinafter “Lessee”). RECITALS WHEREAS, Lessor and Lessee entered into that certain Ground Lease (“Lease”) dated April 30, 1985, recorded May 1, 1984 in Book 412 at Page 782 of the records of the Clerk and Recorder of Eagle County, Colorado; and WHEREAS, the Lease provides for Tenant to finance, construct, operate and maintain a water treatment plant and activities related thereto (the “Project”) for Lessee’s use and benefit for a term of 99 years ending on April 30, 2084; and WHEREAS, and the rent payment due for the term of the Lease has been paid in full; and WHEREAS, Lessee has completed the construction and expansion of the Avon Water Treatment Facility (“AWTF”) on the leased premises, a portion of Tract “P”, Benchmark at Beaver Creek Subdivision, Town of Avon, County of Eagle and State of Colorado, as provided in the Lease and continues to occupy and operate the AWTF for the benefit of Lessor and the other Contracting Parties of the Upper Eagle Regional Water Authority, subject to the terms and provisions of the Lease; and WHEREAS, Lessee has occupied and fenced an area greater than and extending beyond the footprint of the original Lease which is beneficial and essential for operation and security purposes of the AWTF; and, WHEREAS, Lessor desires to extend the area of the Lease to promote the efficient and secure operations of the AWTF, and furthermore Lessee does not desire to reserve any air rights to construct municipal facilities above the AWTF during the remaining term of this Lease; and, WHEREAS, the term of the Lease continues as provided therein and the Parties now wish to substitute a new legal description of the Premises to be Leased in place of Exhibit “A” attached to the Lease for the mutually beneficial reasons listed above. NOW, THEREFORE, for consideration of goodwill, mutual promises and cooperation, the parties hereto agree as follows: {00486769.DOCX / 4} 2 1. PREMISES TO BE LEASED. The real property to be leased is located in the Town of Avon, County of Eagle, Colorado, and is described as follows: A parcel of land located in Amendment No. 3, Benchmark at Beaver Creek, Section 11, Township 5 South, Range 82 West of the 6th Principal Meridian, Town of Avon, Eagle County, Colorado being more particularly described as follows: Beginning at the Southwest corner of Tract P, Amendment No. 3, Benchmark at Beaver Creek, thence along the Westerly line of Tract P, also being the Easterly R.O.W. of Beaver Creek Blvd. along the arc of a non-tangent curve to the left 58.45 feet, having a radius of 390.00 feet, a central angle of 8°35'11" and a chord which bears N16°19'31"E 58.39 feet; thence continuing along said line N12°01’54”E 74.07 feet; thence departing said line S73°27'56"E 397.95 feet; thence S18°25'32"W 132.37 feet to a point on the Northerly R.O.W. of the U.P.R.R.; thence along said R.O.W. line along the arc of a non-tangent curve to the left 387.84 feet, having a radius of 2914.93 feet, a central angle of 7°37'24° and a chord which bears N73°27'22°W 387.55 feet to the point of beginning. (“Leased Premises”). SUBJECT TO any and all ditch, drainage or detention facilities that may now exist within the Leased Premises, the existence of which is hereby acknowledged by Lessee and Lessor. Lessee agrees not to modify or fence in any portion of these ditch, drainage or detention facilities without the written authorization of Lessor during the term of this Lease. Lessee assumes no responsibility, obligation or liability for maintaining any of the ditch, drainage or detention facilities by reason of this Lease. The described parcel contains 1.150 acres more or less. See Exhibit A, Survey and Legal Description, dated July 27, 2016, attached hereto and incorporated herein by this reference. 2. REAFFIRMATION OF LEASE TERMS. Except as modified by this Amendment, the terms and provisions of the Lease shall remain in full force and effect, including the Term of the Lease as set forth in Paragraph 2 of the original Lease; provided, however, that in the event of a conflict between the terms and provisions of this Amendment and the Lease, this Amendment shall control. {00486769.DOCX / 4} 3 IN WITNESS WHEREOF the parties have executed this First Amendment to Ground Lease as of the date and year first written above. TOWN OF AVON, COLORADO (“Lessor”) By: Jennie Fancher, Mayor Attest: Debbie Hoppe, Town Clerk UPPER EAGLE REGIONAL WATER AUTHORITY (“Lessee”) By: George Gregory, Chairman Attest: James Power, Secretary {00486769.DOCX / 4} 4 Exhibit “A” Leased Premises See attached Exhibit A, Survey and Legal Description, dated July 27, 2016. {00486769.DOCX / 4} 5 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, Planning Director Meeting Date: September 13, 2016 Agenda Topic: Action on Request by Treadstone Development, LLC, to process a development application for a hotel project using portions of Town Property Council Action: Motion and vote on request to authorize Treadstone Development, LLC to process a development application for a hotel project using portions of Town property to meet minimum landscaping requirements. Summary: Staff continues to work with Treadstone Development on a hotel project on Lot B, Avon Center at Beaver Creek Subdivision. A Development Plan submittal was submitted and during the initial review, it was determined that the minimum landscaping requirements could not be met on site due to parking and other development constraints that exist for any project on the subject parcel. These development constraints include an agreement to provide parking for Lot A to the east and a reciprocal vehicle access agreement with Lot C to the west. Greg Less, President of Treadstone Development, LLC, submitted a letter at staff’s recommendation, requesting Town consent to apply to use a portion of the abutting Town property to satisfy minimum landscaping requirements. The applicant is proposing to fund the construction of significant landscaping improvements in Main Street Pedestrian Mall including finishing the Lettuce Shed plaza and completing the brick pavers for the extent of the Lot B frontage. Council previously permitted the Wyndham project on Lot 61 to incorporate the Town owned Lettuce Shed Lane area into its development application due to the development constraints on Lot 61 and the benefits to the Town of proposed improvements to Lettuce Shed Lane. Council is asked to provide consent to the applicant to incorporate and utilize abutting properties owned by the Town to meet minimum landscaping requirements for Lot B. Pursuant to the Avon Development Code, an applicant may not submit an application without the consent of all owners of property in the development application; therefore, Council’s consent is required in order to allow the applicant to submit a proposal to improve Town properties in conjunction with the development application for Lot B. Council’s consent does not in any way affect or restrict the review authority of the PZC or Council to evaluate the development application on its merits by the applicable review criteria. Options: 1. Authorize Treadstone Development, LLC’s request. 2. Deny Treadstone Development, LLC’s request. Recommended Motion: “I move to authorize Treadstone Development LLC’s request to process a development application for a hotel project using portions of Town property to meet minimum landscaping requirements.” Attachments: Letter from Greg Less, President, Treadstone Development, LLC Landscape Plan Exhibit September 6, 2016 The Honorable Jennie Fancher Mayor, Town of Avon 1 Lake Street P.O. Box 975 Avon, CO 81620 CC: Avon Town Council Subject: Lot B- Avon Center at Beaver Creek Dear Mayor Fanchor, In response to a request from the Avon Planning Director, we are pleased to provide the following summary of the landscaping plan for our hotel project on Lot B at Avon Center. Currently, we have set aside 9,437sf of our total of 66,925sf for landscaping and beautification, fully 14.1% of our property. We recognize that the standard expectation is a 20% allocation. However, the unique demands placed upon this development for parking, pedestrian walkways connecting Tract G to Beaver Creek Boulevard, and vehicular and pedestrian access serving Avon Center Lot A, restrict any significant additional allocation. To accommodate the intent of the code and enhance the aesthetic attractiveness of the area, we propose to landscape an additional 6,631sf of adjacent property, including 3,230sf within the Tract G, the Pedestrian Mall, and 3,401sf running along Beaver Creek Boulevard and adjacent to our parking ramp. This additional landscaping is intended to unify the project with the Pedestrian Mall and any future Beaver Creek Boulevard streetscape design. We propose that it be maintained by the Town as part of the pedestrian mall, or Beaver Creek Boulevard maintenance. We also propose that landscape easements be established as part of the project approvals defining these matters of maintenance responsibility and the extent of the areas to be landscaped outside the lot. We have included as an exhibit, our current landscaping plan for your review. Sincerely, Gregory Less President Treadstone Development, LLC SHEET NUMBERCHECKED BY:SHEET TITLEDRAWN BY:PROJECT NO:DATE:CONSULTANT PCREVISIONSPROJECT TITLE AVON, COLORADO JAG07.1.20162961 W. MacArthur Blvd.Suite 120 Santa Ana, California, 92704 t. (714) 556-2656 f. (714) 556-2696 15-5705.11.2016 HOA SET505 8TH Street Hermosa Beach, CA 90254 t.(310) 999-8791 www.treadcon.com STAMP AREA ENTITLEMENT PACKAGE:AVON HOTEL 07.01.2016 MAJOR DEVELOPMENT SUBMITTAL LANDSCAPE PLAN L -1.0N 1 CONCEPTUAL LANDSCAPE PLAN 1" = 20'-0"PLAN NO T E S : 1. S E E S H E E T L 1 . 1 F O R D E T A I L P L A N T S C H E D U L E A N D S I T E C A L C U L A T I O N S 2. L A N D S C A P E I M P R O V E M E N T S S H O W N I N E A S E M E N T S , R I G H T O F W A Y S , A N D T O W N O F A V O N PR O P E R T Y A R E C O N C E P T U A L A N D S H A L L B E C O O R D I N A T E D W I T H T H E P R O P E R E N T I T I E S P R I O R T O CO N S T R U C T I O N . 3. S I T E I M P R O V E M E N T S A N D M O D I F I C A T I O N S T O P E D E S T R I A N M A L L L A N D S C A P E A R E A S S H A L L B E CO O R D I N A T E D W I T H T H E T O W N O F A V O N . TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: September 13, 2016 Subject: Renewable Energy Options for the Avon Public Safety Facility ACTION BEFORE COUNCIL Give Staff direction on including installation of solar photovoltaic and geothermal energy systems at the Avon Public Safety Facility. DISCUSSION The Avon Public Safety has a 7,835 SF snowmelt system at the garage bays and sidewalk that will require a $122,160 Town of Avon snowmelt energy off-set fee. The fee can be waived if half of the building’s energy demand is generated by an on-site renewable energy source. Two systems were evaluated, a geothermal system and a solar photovoltaic (PV) system. The geothermal system consists of pumping water through the subgrade into a well field to dissipate heat in the summer and absorb heat from the earth in the winter. This system is $520,293 more expensive than a conventional mechanical heating and cooling system. An analysis estimated the payback period for a geothermal system to be 18.4-years or an annualized rate of return of 1.9% fro 25-years. The geothermal system is considerably more expensive than other locations because of the poor thermal conductivity of the soils resulting in more and deeper wells. It is not possible to do a partial geothermal system since it does not use the same mechanical equipment to heat and cool the building as a conventional building mechanical system. In the attached letter from Eagle River Fire Protection District (ERFPD) Representative Todd Goulding, states that the ERFPD is committed to allocating the energy off-set to the project but any additional funds from the geothermal system must come from the Town. As a result the Town’s contribution to fund geothermal would be $410,029. A PV system designed to supply 50% of the building’s electricity and eliminate the energy off-set fee will cost $67,050. PV is eligible for a Holy Cross Energy rebate estimated to be $26,820 resulting in a net cost of $40,230. A local solar vendor, Active Energies, estimates payback in 12-years and an annual rate of return of 9.1% for the PV system. There is room on the roof for an approximate 40% increase solar panel area capable of providing 90% of the electricity required for the building. RECOMMENDATION Staff is recommending that a PV system be installed that maximizes the roof coverage at a total cost of approximately $100,000 instead of a geothermal system. The cost of the system will be split between the ERFPD and the Town of Avon with Avon’s share will be approximately $45,000. Also, the solar panels can be purchased with capital lease financing and not impact the project budget. Minervini Minor PUD Amendment – Resolution 2016-12 There is only $125,153 remaining in the project contingency. Approximately $100,000 of the contingency was being consumed by pile depths in excess of the planned depth of 35 Feet and $40,000 for temporary utility costs. The primary risk to the project is the remediation of the poor soils at the site for the installation of the foundation, parking lot and utilities. ATTACHMENTS August 25, 2016 Letter from Todd Goulding ______________________________________________________________________________________ 970.331.1732 I PO Box 2308 I Edwards, CO 81632 August 25, 2016 Justin Hildreth Town Engineer Town of Avon PO Box 975 Avon, CO 81620 RE: Avon PSF Renewable Energy Systems Justin, On behalf of the Eagle River Fire Protection District (ERFPD) Board please accept this letter in response to the Town of Avon’s July 20, 2016 correspondence requesting ERFPD to assess the feasibility of a geothermal system at the Avon Public Safety Facility (PSF). ERFPD, in conjunction with the Town of Avon, commissioned ME Engineers (ME) to investigate the costs and benefits of the fully engineered geothermal system for the PSF. Please find the most recent Geothermal Payback Analysis from ME dated August 24, 2016 (see attached for reference). ME’s calculations result in an estimated payback of 30.06 years based on construction costs by Evans Chaffee, along with assumptions for energy use and costs. Per ME’s correspondence, “The cost delta to go with the geothermal is relatively large. No matter how we tweak the numbers, we do not see anyway the purchase of that system would make sense for this project.” While the model may not be exact, and will vary based on different assumptions, ERFPD does not feel the investment is geothermal is a prudent use of public funds. Therefore, ERFPD proposes the following options for consideration: 1. Allocate the energy off-set fee associated with ERFPD’s snowmelted areas to the geothermal system. The balance of funds to cover the cost would come from the Town of Avon, available grants or other sources. 2. Allocate the energy off-set fee associated with ERFPD’s snowmelted areas to a solar system on the I- 70 Regional Transit Facility (RTF) as discussed with Active Energies Solar, LLC. on July 15, 2016. ______________________________________________________________________________________ 970.331.1732 I PO Box 2308 I Edwards, CO 81632 Per discussions the Contractor, the Owner (ERFPD & TOA) must make a decision regarding the geothermal system before September 15th to avoid potential delays. ERFPD is committed to renewable energy systems, and is eager to work with Avon on a renewable energy source for the PSF. Sincerely, Todd Goulding Goulding Development Advisors enclosures: ME Engineer’s analysis dated August 24, 2016 Email correspondence with Active Energy regarding solar on the RTOF dated July 15, 2016 Town of Avon request for geothermal analysis dated July 20, 2016 ERFPD’s response to the July 20th request dated July 27, 2016 cc: Jennie Fancher, Mayor Virginia Egger, Town Manager Clint Janssen, Chair ERFPD Chief Karl Bauer TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Town Council From: Greg Daly, Chief of Police Date: September 13, 2016 Agenda Topic: Intergovernmental Agreement Concerning Authorization for Law Enforcement Services within Unincorporated Eagle County, the Town of Gypsum and the Town of Minturn ACTION BEFORE COUNCIL Action on Intergovernmental Agreement (IGA) between the Town of Avon and the Eagle County Sheriff’s Office and the County of Eagle concerning authorization for law enforcement services within Unincorporated Eagle County, the Town of Gypsum and the Town of Minturn. RECOMMENDED MOTION “I move to approve the Intergovernmental Agreement between the Town of Avon and the Eagle County Sheriff’s Office and the County of Eagle concerning authorization for law enforcement services within Unincorporated Eagle County, the Town of Gypsum and the Town of Minturn.” SUMMARY The Chief of Police, Greg Daly with the Avon Police Department is recommending approval of the attached IGA with the Eagle County Sheriff’s Office and the County of Eagle. This IGA updates and renews the current IGA that was approved by the Town Council in 2008. This IGA will continue to grant authority to Avon police officers, who under certain limited circumstances, may have to take law enforcement actions, including traffic stops, in unincorporated Eagle County and within the municipalities of Minturn and Gypsum. The Eagle County Sheriff’s Office is currently contracted to provide law enforcement services in the municipalities of Minturn and Gypsum. There is a separate intergovernmental agreement between the municipalities of Vail, Avon, Eagle and Basalt regarding each incorporated jurisdiction that is not affected by this IGA. BACKGROUND In 2008, former Avon Police Chief Brian Kozak proposed an IGA between the Town of Avon and the Eagle County Sheriff’s Office. The IGA was vetted and approved by the Town Council at that time. That IGA has been in effect since that time. The IGA afforded jurisdictional coverage to Avon police officers if they observed traffic violations or other crimes while outside the boundaries of Avon, especially if they were DUI related. In addition, it provided jurisdictional coverage for Avon police officers while participating in joint task forces like the Gore Range DUI Task Force, the Eagle County Special Operations Unit, and the multi-agency Drug Task Force. In January 2015, Sheriff James Van Beek took office succeeding Sheriff Joseph D. Hoy. As the new Sheriff, he reviewed all existing IGA’s and with the assistance of Bryan Treu, County Attorney, he proposed some changes and presented an updated IGA to the municipal Police Chiefs in Eagle County, to include the towns of Vail, Avon, Eagle and Basalt. This proposed IGA allows for Avon police officers to have full law enforcement authority in unincorporated Eagle County and within the municipalities of Minturn and Gypsum under the following limited circumstances:  Fresh pursuit of an offender  When a misdemeanor or felony is committed in the presence of an officer or where an officer witnesses an act that presents an immediate risk to the public or to the officer  A call for assistance from a Sheriff’s Office deputy  Within a quarter mile of the town boundary, to include the stretch of Interstate 70 from Avon Road to Post Boulevard. This allows Avon police officers to address particular traffic safety issues on Interstate 70, such as speeding infractions as motorists come down hill westbound from Post Blvd  Under joint operational capacity with the Sheriff to include the Gore Range DUI Task Force, Eagle County Special Operations Unit and assisting with the multi-agency Drug Task Force; Gore Range Narcotics Interdiction Team (GRANITE)  Any mutual aid request from the Sheriff or designee Eric Heil, Town Attorney for the Town of Avon, has reviewed and approved the proposed IGA. He made the following points: (1) Avon may terminate with 10 days’ notice (2) The IGA automatically renews for successive 1 year periods if not terminated (3) The concurring vote of 4 Council members is required to approve the IGA. ATTACHMENT Intergovernmental Agreement 1 INTERGOVERNMENTAL AGREEMENT CONCERNING AUTHORIZATION FOR LAW ENFORCEMENT SERVICES WITHIN UNINCORPORATED EAGLE COUNTY, THE TOWN OF GYPSUM AND THE TOWN OF MINTURN THIS INTERGOVERNMENTAL AGREEMENT (“IGA”) is made and entered into by and between the Town of Avon Police Department and the Town of Avon (hereinafter referred to as “Avon”); the Town of Vail Police Department and the Town of Vail (hereinafter referred to as “Vail”); the Town of Eagle Police Department and the Town of Eagle (hereinafter referred to as “Eagle”); the Town of Basalt Police Department and the Town of Basalt (hereinafter referred to as “Basalt”); and the Eagle County Sheriff’s Office and the County of Eagle, State of Colorado (hereinafter referred to as the “County”). Collectively, Avon, Vail, Eagle and Basalt are referred to hereinafter as the “Towns” and each individually may be referred to singularly as a “Town.” The County and the Towns shall collectively be referred to herein as the “Parties.” RECITALS WHEREAS, pursuant to C.R.S. § 16-3-110(2), Town peace officers as defined by C.R.S. § 16-3-110 (1)(a) (“Town Officers”) shall have the authority to act when a felony or misdemeanor is committed in a Town Officer’s presence regardless of whether that Town Officer is within the Town’s boundaries or whether that Town Officer is on duty, when such Town Officer has been authorized by the local jurisdiction having jurisdiction to so act; and WHEREAS, it is the Sheriff’s duty to preserve the peace within Eagle County, including the unincorporated areas of Eagle County, some of which unincorporated areas are adjacent to Town boundaries; and WHEREAS, the Town of Gypsum and the Town of Minturn have contracted with the Eagle County Sheriff to provide all law enforcement services within their respective corporate boundaries of each town; and WHEREAS, to ensure the efficient and cooperative provision of law enforcement services in his jurisdiction, which includes the Town of Gypsum and the Town of Minturn, the Eagle County Sheriff wishes to set forth the circumstances under which the Towns’ Officers may perform law enforcement functions and enforce the state’s statutes within unincorporated Eagle County, the corporate boundaries of the Town of Gypsum and the corporate boundaries of the Town of Minturn; and WHEREAS, while the Parties acknowledge that the Sheriff has jurisdiction throughout Eagle County, the Parties concur that open communication and cooperation between Sheriff deputies and Town Officers within their respective jurisdictions will best serve the community and ensure safety of all law enforcement officers throughout Eagle County; and WHEREAS, County and the Towns enter into this Agreement under the specific authority to contract for the provision of law enforcement services pursuant to C.R.S. §30-11- 2 410 (2) and under general authority of local governments of the State of Colorado to contract with one another for the provision of services pursuant to C.R.S. §29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution; and in accordance with C.R.S. § 16-3-110(2); and WHEREAS, the County and Towns intend this Agreement to supersede and replace any and all previous Intergovernmental Agreement between the County and an individual Town for provision of law enforcement services within unincorporated Eagle County. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Authority. The Towns, through their respective Police Departments, will be hereby authorized, to the extent hereinafter set forth in this Agreement, to provide law enforcement services outside the respective Town’s municipal boundaries as follows: a. Pursuant to C.R.S. § 16-3-106, in a situation in which a Town Officer is in fresh pursuit of an alleged offender, having a warrant for his arrest or having knowledge that such warrant has been issued, or, in the absence of an arrest warrant, when the offense was committed in the officer’s presence or the officer has reasonable grounds to believe that the alleged offender has committed a criminal offense, and the alleged offender crosses the boundary line marking the territorial limit of his authority; b. When a Town Officer is in unincorporated Eagle County on official police duty and a felony or misdemeanor has been or is being committed in such Town Officer’s presence, or where the Town Officer witnesses an act within unincorporated Eagle County that presents an immediate risk to the public or to the Town Officer; c. In unincorporated Eagle County, within the corporate limits of the Town of Gypsum, or within the corporate limits of the Town of Minturn, where the Town’s Officer is acting in capacity to assist the Sheriff after providing proper notification to Dispatch, after which the Sheriff or his deputies may discontinue the need for back-up at any time; d. Where the boundary between the Town and any unincorporated-area of the County is ambiguous, up to a quarter mile from the Town boundary, or in areas specifically identified and authorized by the Sheriff, which authorization can be verbally revoked by the Sheriff or his designee at any time. The Parties agree that this provision is intended to account for inadvertent patrol or law enforcement activities within a reasonable distance outside of a Town’s boundaries. Town Officers that have questions about boundaries should seek clarification through their superiors, the Computer Aided Dispatch Administrator, the Sheriff or his designee. Notwithstanding the foregoing, the Sheriff specifically authorizes Town of Avon Officers to provide law enforcement services within the stretch of 1-70 between Post Boulevard and Avon Road in unincorporated Eagle County. 3 e. In unincorporated Eagle County, as well as the corporate limits of the Town of Gypsum and the Town of Minturn, if the Town Officer is working in a joint-operational capacity with the Sheriff, including but not limited to, a special operations unit task force, a multi-agency DUI task force, a multi-agency drug task force, or for temporary assistance for ski-related operations, or under another specific agreement granting such authority; f. In accordance with any specific agreement between the Sheriff and an individual Town; or g. In accordance with any specific request for mutual aid between the Sheriff and an individual Town. 2. Jurisdiction. Other than related to a specific agreement for a joint-operation, any Town Officer shall, immediately notify the Sheriff’s Office whenever involved in an incident arising out of a situation identified in Section 1above within the unincorporated areas of Eagle County, the corporate limits of the Town of Gypsum or the Town of Minturn. The Sheriff shall be given the option to retain primary jurisdiction in any incident arising out of a situation identified in Section 1 (b) through (g) herein. If the Sheriff decides to retain primary jurisdiction in such an instance, any person arrested shall be released to the custody of the Sheriff. Nothing in this Agreement shall be construed to limit or otherwise affect the law enforcement authority of the County or of any Town. 3. Responsibility for Personnel. As for Town Officers, management of the rendering of services, leadership and supervision, the standards of performance, the discipline of officers and all other matters incident to the performance of law enforcement services and the review of personnel so employed, shall remain with the respective Towns employing such Town Officers. 4. Venue for Prosecution. Other than related to a specific agreement granting authority otherwise, all citations written by a Town Officer in unincorporated Eagle County, within the corporate limits of the Town of Gypsum or within the corporate limits of the Town of Minturn, for violations of any Colorado State Statute or other law shall command the alleged violator to appear before the appropriate court within Eagle County. Town Officers shall be available to appear before the court, as needed to prosecute each violation. 5. Equipment. The Towns and County shall furnish and supply all necessary labor, equipment, and all supplies necessary to maintain the services to be rendered herein by their respective Officers. 6. Cooperation. Each Party shall give prompt and due consideration to requests directed to them by another Party to this Agreement, or their designee, regarding delivery of law enforcement services and the Towns and the County shall work cooperatively to achieve the services called for herein. Such request may be transmitted in person, by phone, radio, electronic 4 medium, or by a third party. Any reasonable transmittal shall be sufficient to invoke this Agreement. 7. Status of and Responsibility for Employees. a. The Towns and the County enter into this Agreement as separate, independent governmental entities and their respective officials and employees shall maintain such status throughout. Employees assigned under this Agreement shall remain employees of their respective law enforcement agencies at all times and for all purposes under this Agreement. No employee of any Town shall be deemed an employee of the County, even if a Town Officer acts on the County’s behalf under this Agreement. b. No Party shall be called upon to pay or assume any liability for the direct payment of any salaries, wages or other compensation to any other Party’s Officers performing services hereunder. Additionally, no Party shall be liable for compensation or indemnity to any other Party’s Officers for injury or sickness arising out of his/her performance under this Agreement. 8. Governmental Immunity. The Parties to this Agreement do not intend to waive the limitations on liability which are provided to the Parties under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et. seq. The provisions of C.R.S. § 29-5-108 shall not apply to the activities conducted pursuant to this Agreement. 9. Insurance. Each Party shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from the services to be provided under this Agreement. 10. Term and Termination. Unless sooner terminated as provided hereunder, this Agreement shall be effective from January 1, 2016 through December 31, 2016. Notwithstanding the foregoing provisions, any Party, with or without cause, may terminate their participation in Agreement upon the giving of ten (10) days prior written notice of such termination to the other respective Party. It is the intent of the Parties that this Agreement shall be renewed for additional one (1) year periods following the end of the initial period, and unless one of the Parties gives notice to the County at least ten (10) days prior to the end of the initial period, or then current additional period, that such Party desires to terminate this Agreement, this Agreement shall be automatically extended for additional periods of twelve (12) months. After the initial period, this Agreement shall run from January 1st to December 31st of each respective year. 11. Funding. The Parties agree that this Agreement is contingent upon all funds necessary for the performance of this Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of any Party. Should any of the Parties fail to undertake the 5 project because necessary funds have not been budgeted or duly appropriated, that Party may terminate participation in this Agreement by providing the County with written notice of termination as set forth herein. 12. Notice. Any notices or other communications required or permitted to be given hereunder shall be given in writing, delivered personally or sent by first class mail, postage prepaid, addressed to the Parties at the addresses set forth below or at such other address as either Party may hereafter designate by written notice to the other Party given in accordance herewith. Notice will be deemed given on the date of delivery or three business days after deposit in a U.S. Postal Service depository. County: Eagle County Sheriff P.O. Box 359 885 East Chambers Avenue Eagle, Colorado 81631 (970) 328-8500 (telephone) (970) 328-1448 (fax) Avon: Town of Avon Chief of Police P.O. Box 975 Avon, Colorado 81620 (970) 748-4040 (telephone) (970) 845-7098 (fax) Basalt: Town of Basalt Chief of Police 100 Elk Run Drive, Suite 115 Basalt, CO 81621 (970) 927-4316 (telephone) (970) 927-4300 (fax) Eagle: Town of Eagle Chief of Police P.O. Box 609 Eagle, CO 81631 (970) 328-9659 (telephone) (970) 328-9659 (fax) Vail Town of Vail Police Chief 75 S. Frontage Road W. Vail, CO 81657 (970) 479-2218 (telephone) 14. No Assignment. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, and may not be assigned by any Party without the prior written consent of the other Party. 6 15. No Unintended Beneficiaries. The Parties agree that this Agreement creates no obligation or relationship between the Towns, but is intended to govern each Town’s provision of law enforcement services in unincorporated Eagle County, the Town of Gypsum and the Town of Minturn only. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Towns and County any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 16. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any Party, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 17. Modification or Amendment in Writing. This Agreement may be amended, modified, or changed in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 18. Jurisdiction and Venue. The law of the State of Colorado shall be applied in the interpretation, execution and enforcement of this Agreement. Venue for any action arising out of any dispute pertaining to this Agreement shall be exclusive in Eagle County, Colorado 19. Entire Agreement. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. // Remainder of Page Intentionally Left Blank // 7 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Jeanne McQueeney, Chair Attest: By: _________________________________ Teak J. Simonton, Clerk to the Board Date:_____________________ EAGLE COUNTY SHERIFF By: ______________________________ Sheriff James Van Beek Date: _______________ TOWN OF AVON, COLORADO BY AND THROUGH ITS MAYOR BY: ________________________________ Jennie Fancher, Mayor ATTEST: BY: _________________________ Debbie Hoppe, Town Clerk Date: ________________________ TOWN OF AVON POLICE DEPARTMENT BY AND THROUGH ITS POLICE CHIEF BY: ________________________________ Greg Daly, Chief of Police Date: ____________ 8 TOWN OF EAGLE, COLORADO BY AND THROUGH ITS MAYOR BY: ________________________________ Anne McKibbin, Mayor ATTEST: BY: _________________________ Jenny Rakow, Town Clerk Date:_____________________ TOWN OF EAGLE POLICE DEPARTMENT BY AND THROUGH ITS POLICE CHIEF BY: ________________________________ Joseph Stauffer, Chief of Police Date: _______________ TOWN OF VAIL, COLORADO BY AND THROUGH ITS MAYOR BY: ________________________________ Dave Chapin, Mayor ATTEST: BY: _________________________ Patty McKenny, Town Clerk Date: _____________________ TOWN OF VAIL POLICE DEPARTMENT BY AND THROUGH ITS POLICE CHIEF BY: ________________________________ Dwight Henninger, Police Chief Date: _________________ 9 TOWN OF BASALT, COLORADO BY AND THROUGH ITS MAYOR BY: ________________________________ Jacque Whitsitt, Mayor ATTEST: BY: _________________________ Pam Schilling, Town Clerk Date: ____________________ TOWN OF BASALT POLICE DEPARTMENT BY AND THROUGH ITS POLICE CHIEF BY: ________________________________ Greg Knott, Chief of Police Date: ____________________ TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Town Council From: Greg Daly, Chief of Police Date: September 13, 2016 Agenda Topic: Intergovernmental Agreement between the Town of Avon and the Colorado Information Sharing Consortium ACTION BEFORE COUNCIL Action on Intergovernmental Agreement (IGA) between the Town of Avon and the Colorado Information Sharing Consortium (CISC). RECOMMENDED MOTION “I move to approve the Intergovernmental Agreement between the Town of Avon and the Colorado Information Sharing Consortium.” SUMMARY The Chief of Police, Greg Daly with the Avon Police Department is recommending approval of the attached IGA with the Colorado Information Sharing Consortium (CSIC). BACKGROUND This IGA is effectively a renewal of a current service. The service is delivered in parallel with our shared countywide records management system (RMS). The CISC service has changed its technology platform and is provided by a different company, Numerica. CSIC was created in 2006. In 2014 it became a Colorado Legal Entity under Colorado Revised Statutes 29-1-203 (4). The purpose of CISC is to facilitate the sharing and analysis of data and intelligence information between governmental entities and agencies to make our communities safer. There are 55 police departments, sheriff’s offices and state level agencies in Colorado that are currently members of CISC. This data and intelligence sharing system allows access to each agencies record management systems and allows officers, deputies, detectives who are researching for a case to have access to name, vehicle and other case information that can assist in the investigation of crimes and/or in the apprehension and prosecution of suspects. The information remains the sole proprietary information of the party contributing that data and intelligence information. The fee for participation in the CISC is covered through the TOA annual contracted payment to the Vail Communications Center for Dispatch services. There are no multiple year fiscal obligations. There is no duty to pay membership fees. TOA has the right to terminate with 60 days’ notice. The list of agencies that have currently signed the IGA include: Adams County SO, Arapahoe County SO, Arvada PD, Aspen PD, Aurora PD, Boulder County SO, Boulder PD, Broomfield PD, Carbondale PD, Castle Rock PD, Cherry Hills Village PD, Colorado Department of Public Safety, Colorado Springs PD, Colorado State University PD, Commerce City PD, Craig PD, Denver PD, Douglas County SO, Durango PD, Edgewater PD, Erie PD, Estes Park PD, Fort Collins PD, Garfield County SO, Grand Junction PD, Greenwood Village PD, Jefferson County SO, Lakewood PD, Larimer County SO, Littleton PD, Lone Tree PD, Loveland PD, Mesa County SO, Moffat County SO, Northglenn PD, Parker PD, Pueblo PD, Sheridan PD, Thornton PD, Timnath PD, University of Colorado, Denver PD, Vail PD, Westminster PD and Wheat Ridge PD. Eric Heil, Town Attorney for the Town of Avon, has reviewed and approved the proposed IGA. ATTACHMENT Intergovernmental Agreement Intergovernmental Agreement of the Colorado Information Sharing Consortium Separate Signature Page SEPARATE SIGNATURE PAGE TO THE INTERGOVERNMENTAL AGREEMENT OF THE COLORADO INFORMATION SHARING CONSORTIUM By signing this separate signature page to the Intergovernmental Agreement of the Colorado Information Sharing Consortium (the “Agreement”), the undersigned agrees to be bound by the terms and conditions of the Agreement. Consistent with paragraph 32 of the Agreement, upon delivery of this signed signature page to the Manager of the CISC, satisfaction of any conditions imposed by the Board, if applicable, and payment of any CISC membership fees, if applicable, the undersigned shall be a Party to the Agreement with all the rights and responsibilities thereunder. This signature page shall be appended to the Agreement and shall become part of the Agreement as of the date listed below. Name of Entity: Click here to enter text. By: Name: Click here to enter text. Title: Click here to enter text. Date: Click here to enter text. Attest: Name: Click here to enter text. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Jim Horsley, Project Engineer Eric Heil, Town Attorney Meeting Date: September 13, 2016 Agenda Topic: Resolution No. 16-24, Approving Permanent Drainage Easement for Lot #33 for the Metcalf Road Bicycle Climbing Lane Construction Project ACTION BEFORE COUNCIL Review and approve Resolution No. 16-24, Approving Permanent Drainage Easement for Lot #33 for the Metcalf Road Bicycle Climbing Lane Construction Project. PROPOSED MOTION I move to approve Resolution No. 16-24, Approving Permanent Drainage Easement for Lot #33 for the Metcalf Road Bicycle Climbing Lane Construction Project. 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 between Nottingham Road and Wildwood Road. Also included in the project are drainage improvements through the commercial area on the lower east side and an asphalt overlay. The attached easement agreement allows the Town the right of access to property to repair and maintain underground and aboveground drainage facilities. Drainage facilities initially planned to be constructed within the existing Town right-of–way were rerouted through a portion of Lot #33 due to substantial utility conflict. The Town Attorney has reviewed and approved the Agreement. ATTACHMENTS: Resolution No. 16-24 RESOLUTION NO. 16-24 APPROVING PERMANENT DRAINAGE EASEMENT FOR LOT 33 WHEREAS, the Avon Town Council has determined that the construction of a bike climbing lane on Metcalf Road and the construction of related drainage improvements will improve the public safety of Metcalf Road and will promote the goals of the Avon Comprehensive Plan; WHEREAS, the construction project will require a permanent easement and 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; and WHEREAS, the Town Council finds that approval of the attached Easement Agreement will promote the health, safety, prosperity, convenience and general welfare of the Avon community by facilitating the construction of the Metcalf Road Bike Climbing Lane and valuable drainage improvements. NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the Easement Agreement for Lot 33, Block 1, Benchmark at Beaver Creek, Amendment 4, Avon, Colorado with Beck Family Partnership, Ltd. which Easement Agreement is attached hereto as Exhibit A. ADOPTED September 13, 2016 by the AVON TOWN COUNCIL By:_______________________________ Attest:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk 02674404.1 1 AFTER RECORDING RETURN TO: Thomas M. List, Esq. Moye White LLP 16 Market Square, 6th Floor 1400 16th Street Denver, CO 80202 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (“Easement Agreement”) is made this 13th day of September, 2016 between Beck Family Partnership, Ltd., a Colorado limited partnership (“Owner”), whose address is PO Box 4030, Vail, Colorado 81658, and the Town of Avon, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. WITNESSETH: 1. That for and in consideration of the covenants and agreements herein set forth, the sum of TEN DOLLARS ($10.00), and other good and valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants, sells and conveys to the Town, its successors and assigns, a non-exclusive perpetual easement and right-of-way (“Easement”) upon a portion of the land legally described as Lot 33, Block 1, Benchmark at Beaver Creek, Amendment 4 (“Owner Parcel”), and comprised of approximately 1,452 square feet of land being more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Easement Parcel”) to construct, install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time, public roadway improvements, including all underground, surface and streetscape appurtenances thereto, and to improve and maintain a suitable slope or grade, together with a right-of-way for access on, along, and in all of the described Easement across those certain lands which are situate in the Town of Avon, County of Eagle, State of Colorado. Other than the right to construct, maintain and repair drainage improvements pursuant to the terms and conditions of this Easement Agreement, this Easement Agreement is not intended to benefit the general public and shall not be construed as creating rights in and for the benefit of the general public, nor shall it be construed to be a dedication to the general public or for the public use. 2. The Owner further grants to the Town: (a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any improvements, slopes and grades, or other structures constructed hereunder with any other number or type of utility facilities, slopes and grades, or other structures either in 02674404.1 2 the original location or at any alternate location or locations all of which shall be entirely within the Easement Parcel; provided that such enlargement, improvement, reconstruction, relocation and replacement as aforesaid shall not in any manner interfere with the use by Owner of the Owner Parcel. (b) the right to grant licenses and franchises within the Easement Parcel to common utility providers in a similar manner and subject to similar terms, conditions and standards that the Town may grant to utility providers in other Town right-of-ways, provided, however, Town shall provide to Owner written notice and a copy of any such license or franchise agreement for the Easement Parcel; (c) the right to conduct all activities within the Easement Parcel which a municipality may lawfully conduct within public right-of-ways, including, but not limited to, enforcement of municipal traffic code and parking code provisions and application of street access standards; and (d) the right to mark the location of the Easement Parcel by suitable markers set in the ground; provided that permanent markers shall be placed in locations which will not interfere with any use Owner shall make of the Owner Parcel. 3. Owner reserves the right to use the Owner Parcel and the Easement Parcel for purposes which will not interfere with Town’s full enjoyment of the rights hereby granted. The parties further agree that the Owner’s use of the Easement Parcel shall be subject to the following restrictions and conditions: (a) Owner shall not erect or construct any building or other permanent structure, or drill or operate any well, or construct any permanent obstruction, or subtract from or add substantially to the ground level, or allow the installation of utilities not already in place, in the Easement Parcel without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (b) Owner shall take no action which would impair or in any way modify the earth cover over, or the lateral, or subjacent support for the aforementioned improvements and appurtenances within the Easement Parcel without obtaining the specific written permission of the Town, which permission shall not be unreasonably withheld, conditioned or delayed. (c) Owner shall take no action nor shall otherwise knowingly permit any activity, event, or permanent or temporary structure which interferes with the movement of pedestrian, non-motorized or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and other lawful purposes within the Easement Parcel in 02674404.1 3 which the Town may use right-of-ways generally. 4. Town agrees that plans for construction of any improvements within the Easement Parcel will be provided to Owner prior to commencement of construction. Town shall tender payment in the amount of Ten Dollars ($10.00) as the stated monetary consideration above along with tendering the written notice of commencement of construction and reimbursement to Owner of attorney’s fees incurred in negotiating this Easement Agreement in the sum of Two Thousand Six Hundred Dollars ($2,600.00). In the event that Owner seeks improvements to the remainder of the Property during the term which conflict with the terms of this Easement Agreement, Town agrees to consider modifications to this Easement Agreement that accommodate Owner’s desire to improve the Property while allowing the Town to use the Easement Parcel to construct the improvements described above pursuant to the terms of this Easement Agreement. To the fullest extent permitted by law, Town will indemnify, defend and hold Owner harmless from all causes of action, claims, suits, judgments, losses, actual damages and costs (including without limitation reasonable attorneys’ fees) incurred by the Owner or then current owners of the fee title to the Owner Property as a result of the use of the Easement Parcel by the Town, its officers, employees, contractors, agents or invitees or any other person and/or the negligence or willful misconduct on the part of Town, its officers, employees, contractors, agents or invitees in carrying out the obligations of the Town under this Easement Agreement. This indemnification provision shall survive termination or expiration of this Easement Agreement. Except as otherwise provided herein, nothing in this Easement Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents, contractors or representatives shall dispose of, generate, manufacture, release or store environmentally hazardous substances on or about the Easement Parcel. 5. The Town, its employees, agents, contractors and representatives, shall be prohibited from taking any action or omission that subjects the Easement Parcel to liens of any kind, including, but not limited to, construction, mechanic’s or materialmen’s liens (collectively, “Liens”). In the event the Easement Parcel or the balance of the Owner Parcel becomes subject to any such Liens directly or indirectly through the action or inaction of the Town, its employees, agents, contractors, or representatives, the Town shall discharge and bond off any such Liens within five (5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to pursue all of its rights and remedies under this Easement Agreement, at law, or equity. 6. The Town shall insure the Easement Parcel and include the same in its commercial general liability policies, which policies shall be maintained in commercially reasonable amounts. Owner shall be named as an additional insured and Town shall deliver to 02674404.1 4 Owner the certificate of insurance naming Owner as an additional insured not less frequently than annually. 7. The parties agree that neither party has made or authorized any agreement with respect to this Easement Agreement other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its heirs and assigns, that at the time of the unsealing and delivery of these presentments, Owner is well seized of the Easement above conveyed, has good and marketable title in fee simple to the Easement Parcel, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, subject to any easements, liens, claims, reservations, covenants, conditions and restrictions of public record or which are obvious from a physical inspection of the Easement Parcel. 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 10. The Owner or then current owners of the fee title to the Owner Property shall, at all times during the term of this Easement Agreement, have the right to mortgage or encumber that portion of the Easement Parcel which it owns, as well as all of its right, title and interest hereunder, in favor of and as additional security to the holder of a mortgage or deed of trust relating to the Owner Property; provided, however, that the Easement Parcel shall not be impaired by any foreclosure or deed in lieu of foreclosure of such security interest relating to the Owner Property. 11. The term of this Easement Agreement shall be perpetual; provided, however, this Easement Agreement shall terminate in its entirety and shall be of no further force or effect upon (i) the recording of a written termination of this Easement Agreement signed by the Town and the Owner or then current owners of the fee title to the Owner Property, (ii) a breach by Town of the terms and conditions of this Easement Agreement (beyond notice and reasonable cure period), or (iii) Town shall abandon the Easement Parcel. Upon such termination, the Easement Parcel will revert to the Owner or then current owners of the fee title to the Owner Property. 12. The parties agree that this Easement Agreement shall be duly recorded in the office of the Clerk and Recorder of Eagle County, State of Colorado. 13. The parties agree that this Easement Agreement contains the entire understanding 02674404.1 5 and agreement between the parties and cannot be amended, modified or supplemented in any way, except by written agreement executed by all parties, or the applicable successors and assigns, and duly recorded in the office of the Clerk and Recorder of Eagle County, State of Colorado. 14. If any provision of this Easement Agreement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality, or enforceability of any other provision of this Easement Agreement, and there shall be substituted for the affected provision(s) a valid and enforceable provision(s) as similar as possible to the affective provision(s). 15. This Easement Agreement shall be governed by the laws of the State of Colorado. 16. In the event any party commences any action or proceeding against any other party in order to enforce the provisions hereof, such party’s remedies shall be limited to injunctive relief and damages for the alleged breach of any of the provisions hereof, and neither party shall have the right to terminate this Easement Agreement, except as set forth in Section 11, above. The prevailing party in any such action (as may be specifically determined by a court of competent jurisdiction) shall be entitled to recover, in addition to any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including reasonable attorneys' fees. 17. This Easement Agreement may be executed in counterparts with the same effect as if all the parties had executed the same instrument. 18. Any notice required or permitted to be given hereunder must be in writing and may be given by personal delivery (including delivery by nationally recognized overnight courier or express mailing service), or by registered or certified mail, postage prepaid, return receipt requested, addressed to Owner at the address(es) designated below, or to the Town at the address(es) designated below. Either party may, by written notice to the other, specify a different address for notice purposes. Notice given in the foregoing manner shall be deemed given (i) upon confirmed transmission if sent by facsimile transmission, provided such transmission is prior to 5:00 p.m. on a business day (if such transmission is after 5:00 p.m. on a business day or is on a non-business day, such notice will be deemed given on the following business day), (ii) when actually received or refused by the party to whom sent if delivered by a carrier or personally served or (iii) if mailed, on the day of actual delivery or refusal as shown by the certified mail return receipt or the expiration of three (3) business days after the day of mailing, whichever first occurs. If to Owner: Beck Family Partnership, Ltd. Attn: Andy Beck P.O. Box 4030 02674404.1 6 Vail, Colorado 81658 with simultaneous copies to: Moye White LLP Attn: Thomas M. List, Esq. 16 Market Square, 6th Floor 1400 16th Street Denver, CO 80202 If to Town: Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 Attn: Town Engineer [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 02674404.1 7 IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written. BECK FAMILY PARTNERSHIP, LTD. a Colorado limited partnership By:____________________________ Its:____________________________ STATE OF _____________________________ } } ss. COUNTY OF ___________________________ } Subscribed and sworn to before me this _______ day of ___________, 2016, by _________________ as ________________[Title]. Witness my hand and official seal. My commission expires:__________ __________________________ Notary Public 02674404.1 8 TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of ___________, 2016, by Jennie Fancher as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, AUGUST 23, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 08-23-2016 Minutes Page 1 1.A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:03 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Megan Burch, Scott Prince, Buz Reynolds, and Matt Gennett. Mayor Pro Tem Jake Wolf was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, HR Director Lance Richards, Fleet Director Rego Omerigic, Recreation Director John Curutchet, Assistant Town Manager Scott Wright, Executive Assistant to the Town Manager Preston Neill, and Deputy Town Clerk Brenda Torres. 2.APPROVAL OF AGENDA There were no changes to the agenda. Mayor Pro Tem Jake Wolf arrived at 5:52 p.m. 3.PUBLIC COMMENT Leslie Rubis, Kara High, Amy Hunter and Ruth Stanley commented. 4.WORK SESSION START TIME: 00:19:19 4.1. REVIEW AND DIRECTION ON REVENUE PROJECTIONS FOR THE 2017-18 BUDGET AND ALLOCATION TARGET OF UP TO $205,000 FOR COMMUNITY GRANTS (ASSISTANT TOWN MANAGER SCOTT WRIGHT & EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL). Councilor Sarah Smith Hymes moved to allocate up to $205,000 for community grant funding that the Ad Hoc Review Committee’s funding recommendations shall not exceed; Councilor Burch seconded the motion and it passed unanimously by those present. 4.2. REVIEW OF 2017 COMPENSATION PROGRAM, INCLUDING PERSONNEL SALARIES AND HEALTH CARE RESERVES AND PREMIUMS (ASSISTANT TOWN MANAGER SCOTT WRIGHT & HUMAN RESOURCES DIRECTOR LANCE RICHARDS) 5.ACTION ITEMS –CONSENT AGENDA START TIME: 01:50:58 5.1. APPROVAL OF RESOLUTION 16-22 SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND CERTIFYING MATCHING FUNDS FROM THE CAPITAL PROJECTS FUND FOR THE CONSTRUCTION OF DESTINATION JUMP, SPLASH, LEARN – A NEW PLAYGROUND IN AVON, COLORADO (RECREATION DIRECTOR JOHN CURUTCHET) 5.2. APPROVAL OF THE AUGUST 9, 2016 MINUTES (TOWN CLERK DEBBIE HOPPE) Councilor Reynolds moved to approve the consent agenda items; Councilor Gennett seconded the motion and it passed unanimously by those present. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, AUGUST 23, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 08-23-2016 Minutes Page 2 WRITTEN REPORTS 6.1. MONTHLY FINANCIALS REPORT (BUDGET ANALYST KELLY HUITT) 6.2. GIFT REPORTING – 2016 BEAVER CREEK RODEO GIFT BAGS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 7.COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8.MAYOR & COUNCIL COMMENTS 9.TOWN MANAGER UPDATE 10.EXECUTIVE SESSION FOR THE FOLLOWING PURPOSES: 10.1 EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(A) AND TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) CONCERNING CONSERVATION OF CERTAIN TOWN OWNED PROPERTY 10.2 EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) AND TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) CONCERNING EAGLEBEND AFFORDABLE HOUSING 10.3 EXECUTIVE SESSION 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) IN REGARDS TO A PUBLIC-PRIVATE PARTNERSHIP 10.4 EXECUTIVE SESSION 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) IN REGARDS TO EVENT FUNDING Council convened into Executive Session at 7:29 p.m. Executive Session ended at 9:44 p.m. Council reconvened into regular session at 9:44 p.m. 10.ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:45 p.m. 6. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, AUGUST 23, 2016 AVON TOWN HALL, ONE LAKE STREET Avon Council Meeting 08-23-2016 Minutes Page 3 RESPECTFULLY SUBMITTED: _______________________________________ Brenda Torres, Deputy Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Lance J. Richards, Human Resources Director Meeting Date: September 13, 2016 Agenda Topic: Swearing In and Badge Pinning Ceremony for Greg Daly as Chief of Police SUMMARY Tonight we will join Greg Daly, his family and the First Responder Community as Greg takes his oath as Avon’s new Chief of Police and receives his insignia. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badge and stars which a Chief of Police wears are the visible signs of his or her role, responsibilities and authority in the community. Traditionally, the mayor explains the individual’s background to the assembled guests. The promoted official is sworn into his or her new position, and then a person chosen by the individual is asked to pin the badge and stars onto the individuals’ uniform. Mayor Fancher will preside over the swearing-in. The Oath of Office, per Avon Ordinances, will be administered by the Town Clerk, Debbie Hoppe. Chief Daly will have his badge pinned on his uniform by his wife Gillian, and his Chief’s stars pinned on him by his two children. Additionally, please note that we expect to have guests from our First Responder Community attend as well. Photos will follow the swearing in.