TC Council Packet 06-10-2014 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 10, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:15 PM
AVON TOWN HALL, ONE LAKE STREET
PAGE 1 OF 3
PRESIDING OFFICIALS
MAYOR RICH CARROLL
MAYOR PRO TEM VACANT
COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER,
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS.
GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC.
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS.
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY.
THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH.
______________________________________________________________________________________________________________
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
REGULAR MEETING BEGINS AT 5:15 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
3.1. JAMES VAN BEEK, CANDIDATE FOR EAGLE COUNTY SHERIFF
4. ACTION ITEM
4.1. PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT-WALKING MOUNTAINS SCIENCE CENTER
5. WORK SESSION
5.1. REVIEW OF RECREATION CENTER PHASE 2 EXPANSION AND NOTTINGHAM PARK IMPROVEMENTS AND
DIRECTION FOR PUBLIC OUTREACH PROGRAM
(PARKS AND RECREATION DIRECTOR JOHN CURUTCHET & TOWN MANAGER VIRGINIA EGGER)
5.2. REPORT ON WATER RESOURCES IN THE UPPER EAGLE REGIONAL WATER AUTHORITY PORTFOLIO – WATER
AND STORAGE RIGHTS AND IMPACT OF THE STATE OF COLORADO WATER COMPACT IN DROUGHT PERIODS
(UERWA LEGAL COUNSEL GLENN PORZAK)
5.3. ANNUAL TOWN COUNCIL-EAGLE COUNTY COMMISSIONERS WORK SESSION
5.4. OPTIONS REGARDING VACANT TOWN COUNCILOR SEAT & PROCESS IF DECISION IS TO FILL AT THIS TIME
(TOWN ATTORNEY ERIC HEIL & TOWN MANAGER VIRGINIA EGGER)
6. ACTION ITEM
6.1. APPOINTMENT OF A COUNCILOR AND AN ALTERNATE TO THE UPPER EAGLE REGIONAL WATER AUTHORITY
6.2. APPOINTMENT OF MAYOR PRO TEM
6.3. MINUTES FROM MAY 27, 2014 MEETING (TOWN CLERK DEBBIE HOPPE)
7. WORK SESSION
7.1. REVIEW OF PROCESS FOR COMCAST FRANCHISE RENEWAL (TOWN MANAGER VIRGINIA EGGER)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 10, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
REGULAR MEETING BEGINS AT 5:15 PM
AVON TOWN HALL, ONE LAKE STREET
PAGE 2 OF 3
8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8.1. POST OFFICE-HOME AND BUSINESS DELIVERY (COUNCILOR DAVE DANTAS)
9. COUNCIL COMMENTS
10. MAYOR REPORT AND FUTURE AGENDA ITEMS
11. ADJOURNMENT
FUTURE AGENDA ITEMS: PZC SEMI-ANNUAL WORK SESSION, CONTRACTOR BIDS AND AWARDS FOR AVON ROAD AND
PEDESTRIAN MALL, REVIEW OF BIKE LANE PLANNING
PAGE 1 OF 3
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: John Curutchet, Director of Parks & Recreation
Virginia C. Egger, Town Manager
Date: June 5, 2014
Agenda Topic: Review of Recreation Center Phase 2 Expansion and Nottingham Park
Improvements and Direction for Public Outreach Program
Background
In the spring and summer of 2013, Town staff prepared a series of reports for the Town Council that
summarized all Town-owned properties, and options for the use of properties. From the initial work,
The Nottingham Park Recreation Amenities and Indoor Sports/Community Center (2013 Report) was
completed, which detailed a range of recreational improvements – the most prominent being the
expansion of the Recreation Center. (See Attachment A.)
From the planning work, the Town Council placed a ballot question before the voters in November
2013, asking for a new 30-year bond issue in the amount of $12,685,936 to expand the Recreation
Center and fund other Nottingham Park improvements. With the Town’s existing General Obligation
Bond expiring in 2016, and low interest rates, the ballot question would not have added new mill
levy, but rather extended the current expiring levy for an additional 30 years. The vote failed by 34
votes.
Community Outreach Program: Potential Ballot Issue
Town staff recommends Council consider again placing a ballot issue before the voters this
November 4, 2014, to fund the expansion of the Recreation Center and certain long-term
recreational improvements in Nottingham Park. Now, a year closer to the final payment on the
General Obligation Bond and continuing low interest rates, conditions remain favorable for a debt
issue that extends the soon to expire mill levy.
Bond Proceeds: The 2014 mill rate for the expiring General Obligation Bond is 3.027 mills and
generates $546,132 in property taxes based on a net assessed value of $180,420,250.
Jonathan Heroux, Piper Jaffrey and Company, has run debt service amortization schedules
this past week at the $546,000 annual payment level. Interest rates average 3.50%.
• A 25-year bond would yield total available funds of $9,207,000.
• A 30-year term yielding $10,098,200.
Proposed Recreation Improvement Projects: Staff has reviewed each proposed amenity
and concludes the projects remain viable and current. Some of the proposed improvements,
however, have since been funded with Capital Project Fund monies, and, in the case of the
playground, staff now recognize Great Outdoors Colorado (GOCO) monies are available and
PAGE 2 OF 3
should be pursued – this would also allow playground construction monies, as needed, to be
made available to complete the Nottingham Pavilion versus phasing the signature structure.
Council has indicated that a bond issue question should not be above the annual debt service
now being paid on the current General Obligation Bonds ($546,000). With this direction
being applied, a bond issue at current yields would only cover the estimated cost of the
Recreation Phase 2 Expansion and needed parking, with a 25-year term. Additional projects
could be covered with a 30-year term.
The following table updates the status of the 2013 Report recreational improvements with
funding information for bonding, grants and CIP pay-as-you-go cash uses.
* Consider using funds now in CIP to finish Nottingham Pavilion.
IMPROVEMENT/PROJECT Estimated Cost Notes
BOND PROJECTS - Current Property Tax Levy – 25-Year Term
Recreation Center: Phase 2
Expansion: 32,725 sq. ft.
$7,700,000
Indoor sports areas and multi-use community center
to include additional space for activities such as
basketball, yoga and fitness space, increased area for
cardio/weights and special events (birthday parties,
film or writer’s festivals)
Parking for Recreation Center $1,290,000 84 spaces Rec. Center South, 87 spaces on Lake
Street, 38 spaces on Benchmark Road, South of
Seasons Building
Total Recreation Center Expansion
and Parking
$8,999,000
ADDITIONAL POTENTIAL BOND PROJECTS – 30-Year Term
Ice Rink/Summer Activity Center $290,000 Currently not in CIP
Upper Field Reconstruction: Artificial
Turf
$534,000 Grass rebuild: $350,000
Currently not in CIP
Restroom Remodel $275,000 2016 CIP -$25,000 design
2017 CIP -$250,000 Construction
Water Slide – Pool Theme
Renovation $175,000 2014 CIP $100,000
(if not in Bond as a larger project)
Total Additional Potential
Bond Projects
$1,274,000
TOTAL BOND PROJECTS $10,273,000 Shortfall under current assumptions: $175,000
CIP PAY-AS-YOU-GO/GRANTS
Destination Jump, Splash/Learn
(Playground)
$770,000 * 2014 CIP -$70,000 design
GOCO Grant for Construction
Shower Remodel $100,000 2014 CIP
PAGE 3 OF 3
Public Outreach: In preparation for Council to make a decision on a potential November
2014 ballot question, staff is recommending a series of public outreach events to present the
proposed improvements and funding alternatives to the public to receive comments and
recommendations. The events include tours of the Recreation Center and open houses,
displays at the Recreation Center, Town Hall and Library, and distribution for the second time
of the survey completed last year by users of the Recreation Center, included in
Attachment A.
Town Council has provided funding ($5,000) for a few schematics to be prepared for the
open houses and displays. Staff has contacted three firms to prepare schematics showing
Recreation Center floor plan, program spaces, increased programming options and plans.
A schedule and process for design, bid and construction will be presented at the open
houses, including many opportunities for citizen input.
Proposed Open House Dates (Optional to hold all at Recreation Center)
• Thursday July 17, 2014 5:30 p.m. to 7:30 p.m. Wildridge Fire Station and Park
• Saturday July 26, 2014 9:30 a.m. to 11:30 a.m. Aspens Mobile Home Park Community
Center
• Thursday August 7, 2014 5:30 p.m. to 7:30 p.m. Avon Recreation Center lobby
• Saturday August 16, 2014 9:30 a.m. to 11:30 a.m. Eaglebend Apartments Community
Room
Formation of Leadership Committee: Should Council decide to place a question before the
voters, staff recommends Council consider in the next two months finding the leadership for
the formation of a committee to campaign for the bond issue, including raising funds as
allowed for and reporting under State campaign laws.
Schedule for Ballot Issue: Friday, September 7th, is the last day for the Town of Avon to
certify a ballot question to the County Clerk. Actions for a coordinated election with the
Eagle County are due before or on July 29th (notice) and August 28th (IGA). The November 4th
election will be a ‘mail ballot only’ election.
NOTTINGHAM PARK RECREATION
AMENITIES & INDOOR
SPORTS/COMMUNITY CENTER
- PHASE II RECREATION CENTER EXPANSION
- DESTINATION JUMP, SPLASH, LEARN
- UPPER FIELD IMPROVEMENTS
- ICE RINK/SUMMER ACTIVITY CENTER
RESOLUTION 13-24
AUTHORIZING A TABOR ELECTION ON
NOVEMBER 5, 2013
AUGUST 27, 2013 TOWN COUNCIL MEETING
SOURCES
Town of Avon Comprehensive Plan, February 2006
Master Plan for Harry A. Nottingham Park, November 2008
Avon West Town Center District Investment Plan, August 2007
Town of Avon Comprehensive Transportation Plan, October 2009
NOTTINGHAM PARK RECREATION AMENITIES
& INDOOR SPORTS/COMMUNITY CENTER
PREPARED BY
Justin Hildreth, Town Engineer
Matt Pielsticker, Senior Planner
John Curutchet, Interim Recreation Director
Charlie Wolf, Recreation Program Supervisor
William Gray, Building Official
Joe Histed, Parks Supervisor
Scott Wright, Finance Director
Patty McKenny, Assistant Town Manager
Pedro Campos, Landscape Architect & Land Planner,
Zehren and Associates, Inc.
Virginia Egger, Town Manager
AUGUST 2013
DEVELOPMENT PROGRAM FOR RECREATION AMENITIES
TABLE OF CONTENTS
Section 1: Overview & Purpose of Work Session
Section 2: Summary of Recreation Facility and Improvements Survey: August 15 – 22, 2013
Section 3: Recreation Center Expansion – Phase 2
3.1 Phase 2 Expansion – Programming
3.2 Estimated Cost of Phase 2 Expansion, including Parking
Section 4: Playground & irrigation Ditch: Destination Jump, Splash, Learn
4.1 Playground and Irrigation Ditch Enhancement: Destination Jump, Splash, Learn
• Park Playground Vision
• Preliminary Budget
Section 5: Ice Rink & Upper Field Upgrade Options
5.1 Ice Rink Options
5.2 Upper Field Upgrade Options
5.3 Restroom Renovation
5.4 Estimated O&M Costs & Annual Revenues
Section 6: Recreation Center Phase 2 Financing and Ballot Question
• Sources and Uses Of Funds
• Residential and Commercial Cost Analysis Based On Market Value Increments Of $300,000.
• Election Considerations
• Election Campaign
• Resolution No. 13-24: A Resolution of the Town of Avon Authorizing a Tabor Election on November 5, 2013,
Fixing the Ballot Title and Question, and Setting Forth Other Details Relating Thereto
Appendix 1: Summary of 2013 Town of Avon Council meetings – Recreation Facilities/Amenities
Appendix 2: Coordinated Ballot Election
SECTION 1 - Page 1 of 3
Section 1: Overview & Action on Resolution 13-24 Authorizing a Tabor Election on November 5, 2013
ACTION REQUIRED: Action on Resolution 13-24 Authorizing a TABOR election on November 5, 2013, is scheduled for
a vote at the Avon Town Council meeting on August 27th. Resolution 13-24, found in Section 6, presents to the
voters a ballot question for approval of up to $12,560,000 in long-term debt, financed by property tax. The debt
is an extension of current property tax supported General Obligation bonds. There is a marginal increase to the
property tax payer which is detailed below.
The uses of the proceeds are described in the following sections. A final review of all proposed facilities and
improvements has been completed since Council’s work session on August 13, 2013, and are itemized in the table
below. Key changes included:
• Greater analysis was completed on meeting the parking demands for the Recreation Center Expansion.
Section 3.2 provides updated calculations.
• An in depth review of artificial turf on either the Upper or Lower Fields found that it is not a good
alternative for the programs planned in Nottingham Park. The Lower Field takes on many shells during
USA Salute and the proximity to elementary school could diminish exiting general uses by the school and
public to protect the turf. Artificial turf does not accommodate large tents for special events. At this
time the recommended use of funds is for reconstruction of the Upper Field with grass.
• A detailed estimate of new programming and personnel and equipment costs was completed for the
additional space afforded by expanding the Recreation Center. The net result was a slight increase in the
estimated net revenue. The work concludes that the expansion of the Recreation Center, with an indoor
sports and multi-use community space, will cover all personnel and maintenance/operations costs.
• Recreation Improvements Survey - A Recreation Facility and Improvements Survey was made available at
the Recreation Center on August 15th. The tabulations through August 22nd are provided in Section 2.
With 131 forms returned:
72% of those who identified themselves as a “voter in Avon” indicated they would vote for the
new tax for the facilities and improvements.
92% supported the indoor sports area and community multi-use center.
Strong interest in upgrading the outdoor playground (79%) and climbing wall addition (75%) was
checked.
All amenities on the survey were supported, with at least 52% of the respondents in favor of the
item.
The survey will continue through August 26th, when an update of the responses will be summarized.
SECTION 1 - Page 2 of 3
Summary of Nottingham Park Recreation Amenities & Indoor Sports/Community Center
ESTIMATED COSTS FOR RECREATION FACILITIES/AMENITIES – CAPITAL WITH A 20+ YEAR LIFE
AUGUST 13, 2013
IMPROVEMENT/PROJECT Estimated Cost &
Bond Totals
Status of Improvement in
5-Year CIP - Pay-As-You-Go
Recreation Center: Indoor sports areas and multi-use
community center to include additional space for
activities such as basketball, yoga and fitness space,
increased area for cardio/weights and special events
(birthday parties, film or writer's festivals)
$7,700,000
Not included
Parking for Recreation Center 1,290,000 Not included
Destination Jump, Splash/Learn 770,000 2014 - 70,000
2015 - $700,000
Restroom Remodel 275,000 2016 - $25,000
2017 - $250,000
Upper Field Reconstruction: Grass 350,000 Not included
Ice Rink/Summer Activity Center 290,000 Not included
Shower Remodel 60,000 Not included
Water Slide Replacement 100,000 2016
Heat Recovery/HVAC - For Phase 2 Expansion 100,000 2014-$350,000
Transit Center
SUB-TOTAL $10,935,000
Contingency 13% 1,421,550
TOTAL $12,356,550
Property Tax Payments: To gain proceeds of $12,400,000, a bond would be issued in the total amount of
$12,560,000. If the bond were issued for 30 years, the monthly cost to residential and commercial property
owners, based on assessed value increments of $300,000, would be as follows:
Residential Property Tax: Current 2013 Property Tax Paid on Debt: $6.02/month
Increase in 2014 for New Debt: $2.84/month
Commercial Property Tax: Current 2013 Property Tax Paid on Debt: $21.45/month
Increase in 2014 for New Debt: $7.91/month
Nottingham Park Stage: No monies are proposed for a stage in Nottingham Park. If a bond question were
offered to the voters and successful, the funds can only be used for “Recreation” projects. Obviously, the
passage of a bond issue for projects scheduled in the 5-Year CIP, such as the playground, would free up funds for
a stage.
Town Council, in adopting the 2013-2014 Strategic Plan, provided direction for work to be done as it pertains
to Economic Development, the 2015 World Alpine Championships and general business practices of the
Town. On May 28th, Town Council met in a Work Session and did a site walk with the purpose of reviewing:
SECTION 1 - Page 3 of 3
Planning concepts for the development of Town-owned properties;
A preliminary update of Capital Projects Fund improvements expenditures to implement the Wyndham
Mall construction ; other projects tied to the 2015 Alpine World Championships; and, implementation of
special event venues as a key element in attracting, retaining and growing a diverse event calendar; and
The preliminary update of the Capital Projects Funds revenue projections, including the Town’s available
debt funding capacity utilizing existing revenue streams.
The outcomes of that meeting and subsequent Council Work Sessions, which are summarized in Appendix 1,
have resulted in a focus on major recreational facilities/amenities being considered for the November 5th ballot.
Nottingham Park Recreation Amenities & Indoor Sports/Community Center
The work on facilities and improvements to the Recreation Center since May has evolved into a synergistic
program for Avon’s most important resources: Nottingham Park and nearby Recreation Center. Should
Council decide to ask the voters for approval of the program now developed, and if passed, the result would
be a unique destination “place” in the Vail Valley for families, visitors and residents. The improvements
would bring together a complete center for daily workouts, a set of encompassing winter and summer
activities in one central area, which will be connected with the Pedestrian Mall to the gondola and east Avon.
Section 2: Summary of Recreation Facility and Improvements Survey: August 15 – 22, 2013
TOWN OF AVON - RECREATION FACILITY AND IMPROVEMENTS SURVEY
RESPONSES FOR THE PERIOD AUGUST 15 – AUGUST 22, 2013
The Town of Avon is considering asking voters this November to implement the Phase 2 expansion
of the Recreation Center and to fund other recreation facility improvements.
Please review the following choices and tell us if these recreation improvements would be of interest
to you?
CHECK ONE BOX
EXPANSION OF THE RECREATION CENTER TO INCLUDE: YES NO
1. Indoor sports areas and multi-use community center to include additional space for
activities such as basketball, yoga and fitness space, increased area for cardio/weights
and special events (birthday parties, film or writer's festivals)
117 / 92% 10 / 8%
2. Squash or racquetball courts 77 / 53% 68 / 47%
3. A climbing wall 94 / 75% 32 / 25%
4. An indoor playground 69 / 54% 58 / 46%
OTHER RECREATION FACILITIES & IMPROVEMENTS YES NO
5. New outdoor playground structure, outdoor fitness equipment and natural stream
play and learn area 99 / 79% 27 / 21%
6. Ice rink for general skating, lessons and small game play at the Recreation Center;
summer would be outdoor area for activities such as morning yoga, slack lines and
games
81 / 64% 46 / 36%
7. Remodeling of the Town Park Restrooms 78 / 62% 47 / 38%
8. Construct an ice sheet on Nottingham Park for sports like ice hockey and broomball 72 / 56% 56 / 44%
9. Put in a turf field near the elementary school 67 / 52% 62 / 48%
10. If you are voter in Avon: Assume improvements and expansion of the Recreation Center would
cost $12,500,000 and monthly property tax payments for residential property owners would be
extended for 20 - 30 years. Would you be willing to support the following monthly property tax
payment?
Residential Property: Based on $300,000 Assessed Valuation
Current monthly property tax being paid for past Town improvements: $6.02
Additional monthly cost for improvements: 2.31
Total monthly cost for up to 30 years $8.33
74 (72%) Yes, I would support $8.33 per month
29 (28%) No, I would not support $8.33 per month
103 Total Voters
11. Comments:___________________________________________________________________________
____________________________________________________________________________________________
Thank you very much for your time and participation. Have a great evening/day!
SECTION 3.1 - Page 1 of 1
Section 3.1 : Recreation Center Phase 2 Expansion – Programming
2012 Avon Recreation District Community Survey – Key Findings
1. Cost/timing of programs were the top two deterrents of those that did not use the Avon Recreation
Center (ARC) in the past year. Additional space would help to allow better suited times for users.
2. Those patrons who use the other recreation providers for programs/facilities not provided/or limited
at ARC:
2.1 WECMRD: 71% - Field House; 27% Youth Sports Leagues; 25% Gymnastics; 24% Adult Sports
League; 18% Youth Camps; 14% Ice Arena
2.2 Vail Recreation District: 27% Ice Arena; 24% Adult Sports Leagues; 23% Youth Camps;
19% Nature Center; 18% Gymnastics; 15% Youth Sport Leagues
3. The ARC scored low on the variety of fitness equipment offered; an expansion of the weight/cardio
areas would allow more varied equipment.
4. The lowest satisfaction scores for both ARC adult and fitness programs were for timing and
scheduling; inadequate space is available to meet this interest.
5. Of the patrons who have children and attend the Recreation Center, 91% have children under the age
of 18, indicating the importance of having child specific activities at ARC.
6. Written comment section of the survey:
6.1 Many requests for more yoga, a specific room would allow for more classes and more class
times for each class.
6.2 More volleyball, currently one night per week is offered at the Avon elementary gymnasium,
more times and larger space would allow better opportunities to play; offer leagues or shoot
times.
6.3 More Teen programming
6.4 Requests for racquetball, squash, dance, Pilates - all programs which require appropriate
space or facilities.
SECTION 3.2 - Page 1 of 1
Section 3.2: Estimated Cost of Phase 2 Expansion, including Parking
2013 DESIGN PROGRAM & CONSTRUCTION ESTIMATE
The program, based upon further review of the Avon Recreation District Community
Survey Results, June 2102, staff has recommended the building program at this time
include the spaces itemized below.
Parking has been analyzed by Town Engineer Justin Hildreth and the cost and program
to meet Town requirements are provided.
PHASE 2 RECREATION CENTER PLAN – COST ESTIMATE
SQ. FT. PER SF 70%
(FOOTNOTE 1) TOTAL
GYMNASIUM/MULTI-PURPOSE
SPACE 17,874 $122.59 $208.40 $3,724,995
CLIMBING WALL 2,900 $133.57 $227.07 $658,500
YOGA/OTHER ACTIVITY 1,600 $91.54 $155.62 $248,989
MEETING ROOM 1,600 $102.32 $173.94 $278,310
BASE BUILDING, INCLUDES
EXPANDED FITNESS/CARDIO;
POSSIBLE INDOOR
PLAYGROUND
8,751 $187.28 $318.38 $2,786,108
TOTAL PHASE 2 BUILDING 32,725 $7,696,903
Estimated Site Costs $1,000,000
TOTAL ESTIMATED PHASE 2
BUILDING $8,696,903
PARKING ALTERNATE 1 - UNDER
PHASE 2 (Footnote 2) 1,450,000
TOTAL ESTIMATE
$10,146,903
FOOTNOTE 1: Utilizing data from Engineering News-Record, a well-respected construction journal, shows
construction cost for this region to have increased 70% since 1996.
FOOTNOTE 2: See attached: PARKING ANALYSIS – PHASE 2 RECREATION CENTER EXPANSION & ICE RINK
Note: The Gypsum Recreation Center’s cost of construction for its building, including gymnasium, was
$12,000,000, in 2006. The building is 57,000 square feet, and also includes an indoor gymnastics center, 26 foot
climbing pinnacle, climbing grotto, gymnasium, indoor track and indoor pool.
SECTION 3.2 PARKING ANALYSIS - Page 1 of 2
PARKING ANALYSIS
H. A. Nottingham Park and Recreation Facilities Improvements
August 22, 2013
Currently there are 350 public parking spaces in the Town Center West area including the Town Hall,
Fire Station, Library, Lake Street, W. Beaver Creek Blvd, Recreation Center and the Season’s Triangle
parking lots. The current public buildings require 264 spaces assuming 4 spaces/1,000 SF and a 15%
reduction for shared and mixed uses pursuant to §7.28.020(g)(2)(ii), Mixed Use Reduction, Avon
Municipal Code. The spaces not required for the buildings provide parking for H.A. Nottingham Park.
The expansion of the Recreation Center is planned for the east side of the existing building, in the
east Recreation Center lot, which would result in a net reduction in parking spaces of approximately
69 spaces, depending on the final design of the Recreation Center expansion. An ice rink is proposed
for the west side of the recreation center, in the location of the grass field and parking lot near the
pool. The ice rink will require the closing of the west recreation center parking lot and the loss of the
44 parking spaces. A multi-purpose room/gym, expanded fitness room and flex meeting/yoga room
will add approximately 32,750 SF to the Recreation Center, requiring 76 additional parking spaces for
a total of 345 spaces required for the public facilities. 161 new parking spaces will be required to
accommodate the new facilities and loss of parking.
The new additional parking spaces can be installed in several locations including under the recreation
center expansion, south of the Recreation Center, Lake Street and Benchmark Road south of The
Seasons.
• Fifty-one (51) spaces can be built under the Recreation Center expansion for approximately
$3.7M.
• Reconfigure the remaining portion of the Recreation Center lot with The Season’s north lot
and remove Benchmark Road for a total of 84 spaces.
• 38 pull-in paces can be built along Benchmark Road for about $250,000.
• Up to 48 parking spaces can be built along Lake Street for approximately $400,000.
• These parking configurations would yield a total of 361 parking spaces, 16 more than what is
required for the Recreation Center expansion and the existing facilities in the area.
A summation of the parking program is provided in the table below.
SECTION 3.2 PARKING ANALYSIS - Page 2 of 2
PARKING FOR RECREATION CENTER & ICE RINK
Location Parking Spaces Cost
Existing Parking
Recreation Center East 81
Recreation Center West 44
Lake Street 39
Town Hall 88
Library and Fire 49
Season’s Triangle Lot 34
W. Beaver Creek Blvd 15
TOTAL EXISTING SPACES 350
TOTAL REQUIRED SPACES WITH EXPANSION 345
Proposed Parking Options
Recreation Center South 84 $ 650,000
Lake Street 87 $ 400,000
Town Hall 88
Library and Fire Station 49
Benchmark Road, South of Seasons Bldg. 38 $250,000
West Beaver Creek Blvd 15
TOTAL PROPOSED 361 $1,290,000
Alternate Parking Option
The H.A. Nottingham Park Master Plan vision included 136 parking spaces located in the current
location of Town Hall, and there are 95 spaces there currently. The plan in 2009 was for Town Hall to
be relocated to the Fire Station site but recently there have been discussions that Town Hall could
also be moved to south of the Recreation Center. In that option, all of the east Recreation Center lot
would be consumed and the recreation center south lot would be smaller, probably accommodating
on 40 spaces. This alternate option will result in a total of 365 public parking spaces in the area.
This, of course, would require the use of Certificates of Participation to construct Town Hall as
reviewed in the June 25, 2012, Development Concepts.
Prepared by Justin Hildreth, Town Engineer
August 22, 2013
SECTION 4.1 - Page 1 of 1
Section 4.1: Playground and Irrigation Ditch Enhancement: Destination Jump, Splash, Learn
Pedro Campos, Landscape Architect & Land Planner with Zehren and Associates, has been closely involved in the
development of Avon’s Master Plan for Harry A. Nottingham Park, November 2008. Pedro was asked to state the vision
from the Master Plan and develop a budget for improvements to the playground and irrigation ditch. As the project has
been discussed internally, the moniker Jump, Slash, Learn has become a way to describe the opportunity for these
improvements. Pedro’s detailed letter and budgets follow this brief summation:
• The improvements are seen as a key family destination. Located closer to the Recreation Center and Lake
Street parking, a signature play structure would be incorporated into the stream area to create an
environmental learning “place”.
• A survey of other significant developed children playgrounds show the new trend of incorporating outdoor
simple fitness equipment for teens and adults in close proximity to the play structures facilitating activity for
those who are tending to children or just want an outdoor workout.
• The preliminary budget for the improvements is $770,000.
• In thinking about Nottingham’s importance to children and families, it offers the opportunity for working in
concert with the Mall improvements as child-based activities, located appropriately, will certainly bring
residents and visitors into this important “venue”. These improvements might include a spray park and
climbing rocks.
ZEHREN
AND ASSOCIATES
August 7, 2013
Virginia Egger / Justin Hildreth
Town of Avon
Post Office Box 975, Avon, CO 81620
Email: vegger@avon.org / jhildreth@avon.org
Phone: 970‐748‐4009
RE: Town of Avon – Nottingham Park Playground – Vision and Preliminary Budget
Dear Virginia and Justin,
Thank you for the opportunity to work with you and staff on the vision and preliminary budget for the
Nottingham Park Playground. This memorandum outlines the vision for the playground and supplements the
preliminary budget we have developed collaboratively over the past month.
As you are aware I was intimately involved in the development of the Nottingham Park Master Plan. A major
improvement recommended by the Master Plan is the replacement and relocation of the existing playground
with a new more modern, diverse, and unique playground sited closer to Lake Street and the Recreation
Center integrated within the area of the park where there are flowing irrigation ditches, mature trees, and
the existing park restrooms. The improvement and relocation of the playground is being considered in
context with other broader improvements through out the west Town Center in order to create a synergy of
activity and uses that will elevate the experience of both visitors and resident alike.
The vision for the playground is to become a key family destination that incorporates environmental
education, new fitness oriented play structures for kids of different age groups, safe surfacing, and
‘playscapes’ utilizing natural materials and features such as boulders, logs, and water. As represented in the
attached illustrations that are included in the Park Master Plan, the concept is to enhance the irrigation
ditches that flow through the east area of the park in concert with the incorporation of a new playground
immersed in the canopy of the existing trees, and accessible by the nearby asphalt paths connecting to Lake
Street and the other park paths and trails. The enhancement of the irrigation ditches is intended to allow
safe interaction of children with water, by creating rock shelves and eddies, and opportunities for contact
and play with water as well as education relative to water conservation and the hydrologic cycle.
Relative to new play structures, equipment, and surfacing several images are attached that show the general
character of new and emerging play equipment that is focused on children’s agility, mobility and strength
development, incorporating climbing features with ropes, bars, and vertical panels. The concept is to
integrate several of these new features geared to different children’s age groups in a creative composition
within the new playground area. They would be placed in a configuration taking advantage of the shade
provided by the canopy of existing trees, and close proximity to the existing picnic shelter and restrooms, also
to be improved hand in hand with the playground improvements. A new surface of crumb rubber mulch, and
2
or rubberized mats will be incorporated to make the playground safe and comfortable for it users. In
addition, as included in the Park Master Plan, naturalistic play areas geared to use across all seasons would
be incorporated such a boulder maze of alternating heights for skipping, climbing, and hopping over during
dry months and also in winter when covered in snow. Lastly, an area with a cluster of outdoor fitness
equipment for use by teens and adults is also proposed as part of the playground complex, and as an
exercise‐oriented use that relates to the path around the Lake used by many as a jogging loop. Some images
of the type of equipment contemplated are also attached for reference.
In association with these improvements a preliminary budget has been prepared that is consistent with the
cost range included in the master plan implementation matrix. The preliminary budget of approximately
$770,000 includes the demolition and reclamation of the existing playground area as additional lawn space to
be used for special events and as an extension to the existing multi‐use field within the park. The preliminary
budget includes all the elements that are contemplated for the new playground, including an additional new
shade structure, new park furnishings, and the site improvements that would be required, including
enhancement of the irrigation ditches. The park restrooms are part of a separate budget and not included as
part of the playground preliminary budget. However the intent is for both playground and restroom
improvements to be planned, designed and installed simultaneously in order to be coordinated and take
advantage of inherent relationships.
Thank you again for the opportunity to address these exciting improvements working with your team. On a
professional level it is very gratifying to give continuity to the vision and ideas that are included in the Park
Master Plan towards its potential fulfillment. Likewise, on a personal level, as a local resident, the
contemplated plans and improvements are very exciting for our family as well as our friends and neighbors.
Please let me know if you have any questions or concerns, and if I can be of further assistance to this effort. I
would look forward to helping present and review some of these ideas in person if it helps explain the vision,
rationale and overall planning and design intent.
Very truly yours,
Pedro Campos, RLA / ASLA
Landscape Architect & Land Planner
Zehren and Associates, Inc.
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SECTION 5.1 -Page 1 of 1
Section 5.1: Ice Rink Options
Nottingham Lake is no longer considered a viable option for an ice rink due to variable winter
conditions, on-going safety concerns, and overall higher maintenance costs. Staff is in the process of
evaluating the feasibility of using the main athletic field during winter months for an ice rink. For the
purpose of this Work Session, the reprogramming of the area in the front (west side) of the
Recreation Center was assessed in more detail.
Approximate location and dimensions of Ice Rink & Turf
Activity Field
Example of ProWall ™ Portable Wall System installation
A portable ice rink wall system was priced out for a 140’ x 64’ rink, with 20’ radius corners. The
panels themselves would be 42” high x 8” wide. The panels would be constructed with molded UV
stabilized polyethylene, and secured together. Price for this type of wall system is $22,000. The cost
for artificial turf in the green highlighted area above is approximately $100,000 (based on $6/per SF).
Included some demolition work and grading, the total project cost for this area is $230,000.
Ice Rink Chiller: To extend the ice season, a 2007 estimate from Trane indicated the cost to be
$245,000. Staff will look to check that charge with other agencies who have installed mechanical ice
freezing systems.
SECTION 5.2 - Page 1 of 1
Section 5.2: Upper Field Upgrade Options
The Upper Field at Nottingham Park has been heavily used and in need of upgrading. The project is
not yet included in the Town’s Five Year Capital Improvements Plan. As the Town looks to attract
additional special events, the field is integral to both sporting and cultural larger scale productions
and tournaments.
Two options have been evaluated:
Rebuild and Replace with Grass: Estimated Cost $350,000
• Pro: Less costly upgrade; easier for placing tents
• Con: Costly to maintain, high water user, higher “wear” from week to week
Rebuild and Replace with Turf $534,000
72,900 sq. ft. @ $6.75/sq. ft.
• Pro: Durable from event to event; are reported to be less costly to maintain; and
opens the field more quickly once sun and warm weather appear
• Con: More costly; a $30,000 cover should be purchased for crowd based events; may
limit size of tents which can be placed on the surface due to anchoring limits
A third option was evaluated to assess whether turf would be better placed on the Lower Field. A
review indicated that many hot shells from USA Salute land on the field which would cause a scorching
of the artificial surface. The final conclusion is not to install turf on either the Upper or Lower Fields due
the multi-use requirements on the fields. The Upper Field repair with grass is, therefore, included in the
bond issue proposal.
SECTION 5.3 -Page 1 of 1
Section 5.3: Restrooms Renovation
Town Building Official Willey Gray evaluated the Nottingham Park restroom and reported the following:
Current Condition:
• Building is old and in need of paint and upgrades
• Building does not meet current ADA requirements
• Building does not have ventilation
• Building floor drains do not connect to sewer
• Building does not meet current energy conservation requirements
Building Information:
• Building is approximately. 24X24, rounded to 600 sq. ft.
• Building is CMU construction (cinder block) with wood siding and wood frame roof
• Toilets are china and sinks are stainless steel
• Floors are painted concrete, walls are painted CMU’s
• Current fixture count does not fall into an occupancy category, because the park is not an occupancy.
This facility is an amenity not a required building. Current fixture count can stay the same, with
portable toilets meeting high special event counts.
Upgrade Options:
1. Rebuilding the Building with Similar Construction: Based on quick quotes from local suppliers,
Gallegos corp. Edwards Building Center, Elliot Concrete, Granger supply co. and Jerry Sibley plumbing,
costs come in at $300.00 a square foot. These costs are conservative and do not include mechanical
and finishes related to ADA and metal stalls. No excavation or design work have been included.
600sq.ft. X $300 = $180,000.00 + for ADA/energy conservation
2. Upgrade the Building: Utilize higher grade, durable materials.
600sq.ft. X $458 = $275,000 (may be adequate for ADA/energy conservation)
3. Modular: Evaluate quality and price
SECTION 5.4 - Page 1 of 2
Section 5.4: Estimated O&M Costs: Utilities & Maintenance & Annual Revenues
Total Estimated Utilities, Maintenance and Equipment Replacement: $141,400 - $155,800
Senior Planner Matt Pielsticker developed these estimated annual costs using different methodologies
depending on the expense.
Utilities: $95,900 - $104,700
The operating pro-forma budget for the planned 63,100 sq. ft. Crown Mountain Recreation Center
(CMRC) was prepared by GreenPlay, LLC, experts in recreation facility management and operations. The
CMRC will be constructed in El Jebel, if approved by voters in November.
CMRC staff also took the additional step to request that operators of Glenwood Springs, Carbondale,
Fruita and Gypsum review the operating assumptions and projections, and their input was
incorporated. For purposes of calculating the proposed mill levy increase to support CMRC O&M, Utilities
were calculated at $3.20 per sq. ft. based on the actual 2012 Gypsum Recreation Center utility
expenses. Based on that formula, the estimated Utility costs for Avon Phase II Expansion –
32,725 sq. ft. x $3.20 = $104,720 per year
Staff evaluated the 2012 actual costs for the Avon Recreation Center which totaled $116,332 for the 39,687
sq. ft. of existing space = 2.93 per sq. ft. per year. These costs do not include heat recovery expenses and
therefore Staff is comfortable with this average price per sq. ft.
Estimated Utilities for Avon Phase II Expansion – 32,725 sq. ft. x $2.93 = $95,884per year
Maintenance: $25,500 – $31,100
The operating pro-forma is based on Recreation Center staff keeping building and all equipment clean
during the operational hours of the facility. A contractual janitorial service is included in deep cleaning of
restrooms at a minimum of 5 nights per week. The Maintenance level, as described, is estimated at $.95
per sq. ft. per year.
[John Curutchet, Interim Recreation Director, estimated the cost may be kept to $.75 sq. ft. per year hiring
a full time building attendant versus using contract cleaning services: $25, 543.]
Estimated Maintenance for Avon Phase II Expansion – 32,725 sq. ft. x $.95 = $31,088 per year
[.33 acre Destination Jump, Splash, Learn, with outdoor fitness component would cost an estimated $0.50
per sq. ft. maintenance cost, yielding an annual increase of $7,260. – John Curutchet, Interim Recreation
Director]
Equipment Replacement: $20,000
The fitness area at the Rec Center currently has the following fitness equipment: Adaptive Motion
Trainers (2), Rowers (2), Recumbent Bikes (4), Upright Bikes (4), Step mills (1), Treadmills (5), Ellipticals
(8), and Incline Trainers (2).
These machines have estimated useful lives of 3 years and can range in cost from about $1,500 for rowers
to upwards of almost $9,000 for treadmills with multi-media capabilities. Free weights and circuit weight
SECTION 5.4 - Page 2 of 2
machines are not included because these typically these have a much longer estimated useful life and are
much less expensive.
Total 2012 replacement charges were $38,903 for the above fitness equipment. It is estimated if the
fitness area was doubled in size we could expect have half-again as many fitness machines.
Estimated incremental annual cost of equipment replacement: $20,000 per year.
Estimated Revenues: Revenues are net of all personnel costs.
Scenario: Phase 2 Revenue Generation Model
Current Increase
Calculation
Total Net
Revenue after
Staffing
Admission Fees* $790,000 15% $118,500
Fitness Programs $40,000 high demand for more
classes $8,200
Adult Programs $12,000 new leagues; variety of
activity use $9,360
Youth Programs $109,000 expanded programming $3,325
Rentals, including birthday
parties and celebrations Gypsum Rec Center
2011 = $19,900 $15,000
ANNUAL REVENUES $154,385
SECTION 2 - Page 1 of 2
Appendix 1: Summary 2013 Town of Avon Council Meetings – Recreation Facilities/Amenities
SUMMARY
2013 TOWN OF AVON COUNCIL MEETINGS
RECREATION FACILLITIES/AMENITIES
FEBRUARY 16, 2013 – COUNCIL ACTION
• 2013-14 STRATEGIC PLAN ADOPTED BY TOWN COUNCIL
Support Business Vitality
Review Asset And Five-Year Capital Plans
2015 World Alpine Championships (2015wac): Plan And Produce Stellar Events
• Staff Work Plans Developed To Implement
MAY 28, 2013 – WORK SESSION
On May 28th, Town Council met in a Work Session and did a site walk with the purpose of reviewing:
Planning concepts for the development of Town-owned properties;
A preliminary update of Capital Projects Fund improvements expenditures to implement the Wyndham Mall
construction ; other projects tied to the 2015 Alpine World Championships; and, implementation of special event
venues as a key element in attracting, retaining and growing a diverse event calendar; and
The preliminary update of the Capital Projects Funds revenue projections, including the Town’s available debt
funding capacity utilizing existing revenue streams.
While no definite decisions were made or needed to be made at the meeting, Town Council provided direction on three
Town-owned parcels:
Lot 5 and Swift Gulch should not be considered for location of Town Hall services, but be utilized for transit,
fleet, parks and road and bridge operations. It is important to keep “Town Hall” in the core of Avon.
The Main Street project should be developed as a pedestrian way and not planned for vehicles, in the near
future.
In addition, Council did not give strong support to a co-location of Town Hall with other general purpose governments on
sites outside of the core downtown area.
Town Council, during the Work Session, asked for additional information on a number of key planning elements,
including, but not limited to:
1. Parking capacity should be estimated for the current Fire Station/Library and Town sites;
2. Feasibility of locating Town Hall on top of the Recreation Center and as a co-location with the Library on
Nottingham Lake; and validate leases;
3. Modify improvements of the Mall project, including Lettuce Shed Lane, as a pedestrian only use and identify
nodes and improvements.
4. Expand information on Phase 2 Expansion of the Recreation Center, including program, costs and opportunities
for management with WECMR or Eagle-Vail Metro Districts;
5. Provide more detail on artificial turf and ice rink options;
6. Develop bonding schedules and timeframes to advance the master planning and implementation of a facilities
on Town-owned property in the Core; and
7. Feasibility of widening the Railroad Bridge for a pedestrian and/or trolley lane should be assessed.
SECTION 2 - Page 2 of 2
JUNE 25, 2013 – WORK SESSION
• DEVELOPMENT CONCEPTS FOR CAPITAL FACILITIES ONTOWN-OWNED PROPERTIES
Facility location options
Recreation Center Phase II Expansion: bonding capacity, 1996 proposed program, estimated costs of
construction, schedules and ice rink options
Several new details evolved from the work:
1. If the Phase 2 Recreation Center Expansion proceeds, the heat recovery generation capacity is not
sufficient to meet the needs of the Phase 2 Expansion and snowmelt of the Mall, including Avon Station
and Lettuce Shed Lane. The use of the surplus heat from the recovery system at the Recreation Center
is preferable: 1) low infrastructure costs for implementation, and 2) the system is most efficient when
in continual demand versus for a more sporadic use such as snowmelt. Snowmelt of Mall areas and
Avon Station, if desired, should be studied as taps onto existing natural gas service lines in the area.
2. Refinancing of the URA bonds and gaining additional net funds cannot be done until the County
Assessor issues the preliminary Assessed Valuation for the Town. This is provided on or about August
23rd. A bond issue, with URA increment monies, can be extended to 2032 versus 2028, providing
additional revenue, however, a 1.25 times coverage would be required.
3. The development of the Mall from the Recreation Center to Benchmark Road, as a pedestrian way,
with replacement of the asphalt and more simplified augments, including landscaping and placement
of Avon Road bronzes and benches is estimated to cost $1,982,000.
• Direction to staff to continue to refine costs and O&M and to prepare information and documents for a
potential ballot question on November 5th asking voter to consider a mill levy extension to support the
expansion of the recreation center and other recreation amenities. Develop a telephone community survey
for the proposed recreation improvements
JULY 17, 2013 – WORK SESSION
• RECREATION CENTER PHASE II EXPANSION AND RECREATION AMENITIES – BALLOT ISSUE
Council stated a preference, if going to the ballot, for a Unlimited Tax General Obligation issue
Council decided not to pursue a Telephone Survey
Reviewed schedule for actions needed prior to November 5th
ACTION: Council approved notice to Eagle County Clerk and Recorder that the Town intends to
participate in the November 5, 2013 Coordinated Mail Ballot Election. The notice may be rescinded if no
ballot question is proposed.
• Direction to staff to more fully develop costs and summarize programming for the expansion space.
AUGUST 13, 2013 – WORK SESSION
• IGA with Eagle County for a Coordinated Mail Ballot Election (must be signed by August 27th)
• Update on estimated costs for all recreational amenities considered
• Review of activity programming in Phase II Expansion
• Financing and Ballot Question; Election Considerations; Election Campaign Allowances
TBD – DATE OF MEETING(S)
• Certification of ballot question, if desired
• Begin review of URA Bond Refunding and Additional Proceeds in September, including cost estimates for
pedestrian mall improvement
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Patty McKenny, Assistant Town Manager
Date: August 8, 2013
Agenda topic: Action on IGA with Eagle County concerning Administration and Conduct of
November 5, 2013 Coordinated Mail Ballot Election
The attached Intergovernmental Agreement (IGA) sets forth the administration and conduct of the November
5, 2013 Coordinated Mail Ballot Election. If the Town Council approves the IGA, the town would participate in
the upcoming November election with a ballot question that proposes funding for Recreation Center Phase II
expansion and recreational amenities. The Town must certify a ballot question by September 6, 2013.
The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder,
Teak Simonton. In my role as Town Clerk, I would serve as the designated election official and work with the
Eagle County Clerk to administer Avon’s portion of the coordinated election, acting as the primary liaison
between the Town and the County Clerk. This arrangement is outlined in the agreement and the Town Code
Section 1.12.020, Town Clerk Duties. This agreement must be submitted to the County at least 70 days before
the election, as required by § 1-7-116(2), which is August 27, 2013 in order to participate.
The IGA addresses such items as follows:
Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities for
both election officials
Costs: section estimates election costs on a prorated basis based primarily on the number of ballot issues,
active voters, and/or items to be included on the ballot for each political subdivision. On average election
costs have been around $2500.
Call and Notice: section details who is responsible for the election publication
Ballot Certification: section details the town’s role in submitting the ballot text to the county
Preparation of Voter Lists: section details the exchange of the voter lists
Tabor Notice: section details responsibility with regard to the Tabor notices
Street Locator List: section details that the town is to provide an accurate street listing to the county
Election Judges: section details that the county manages the appointment and training of the judges
Canvass of Votes: section details the role of the county in the canvassing of the votes
Cancellation: section details that the town will notify the county if the election is cancelled
There are several exhibits to the agreement including a timeline, street locator list and affidavit.
Attachments:
• Eagle County Intergovernmental Agreement for November 5, 2013 Coordinated Mail Ballot Election
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Carroll and Town Council Members
FROM: Eric J. Heil, Town Attorney
RE: Report on UERWA Water Resources and Colorado River Compact
DATE: June 6, 2014
Summary: Representatives from the Upper Eagle River Water Authority will present an overview of the
Colorado River Compact, potential for a call on the Colorado River by the lower basin states, a discussion
of expected enforcement mechanisms, and the potential impacts to Avon’s water supplies. The
presentation will also include an overview the Statewide Basin Roundtables and the process and progress
on the Colorado Water Plan. A draft of the Colorado Water Plan is due to the Governor in December and is
intended to be finalized in 2015. Although a statewide gap is recognized between future water needs and
water supplies in Colorado, the gap between future needs and available water resources is different for
each basin and each area of the state. Avon is uniquely situated in the headwaters of the Colorado river
basin and has challenges and resources which are distinct from other areas of the State.
Extensive materials concerning the Colorado River Compact were previously provided to Council for the
February 11, 2014 Council meeting and are available on the Town’s website.
Requested Action: No action is requested at this meeting.
Thank you, Eric
M EMORANDUM
& PLANNING, LLC
66262
Porzak Browning & Bushong LLP
A t t o r n e y s · a t · L a w
929 Pearl Street, Suite 300 Boulder, CO 80302 303 443-6800 Fax 303 443-6864
MEMORANDUM
TO: Upper Eagle Regional Water Authority and Avon Town Council
FROM: Glenn E. Porzak
DATE: June 3, 2014
RE: Colorado River Compact Call
With a series of drought and below average water years over the last 15 years, and dropping
water levels in Lake Powell and Lake Mead, there has recently been greater concern about the
possibility of a “call” by California and the other Lower Basin States under the 1922 Colorado River
Compact (“Compact”). This memorandum gives a short overview of the important provisions of the
Compact and the 1948 Upper Colorado River Compact. It then identifies a list of the most important unresolved questions that a Compact call would raise. John Leshy, Former Solicitor for the
Department of the Interior, was recently quoted:
If there is a compact call, we really are in no man’s land . . . . If there can’t be some
sort of settlement patched together, we’re looking at horrendous litigation.
In addition, this memorandum is a complete, updated list of the water rights owned by Avon
and owned or leased by the Authority. This list is divided into three sections to show (1) the senior
rights not subject to a Shoshone call, (2) rights that are junior to Shoshone, but still senior to the
Compact, and (3) the rights that are junior to the Compact.
As explained in greater detail below, the significance of the foregoing three categories is that
rights senior to the effective date of the Shoshone right are the most reliable in the event of a Compact
call. Rights senior to the effective date of the Compact, but junior to the Shoshone Power Plant, are potentially vulnerable to a Compact call to the extent such rights have historically been protected from
the Shoshone call by the historic users pool of Green Mountain Reservoir (which is junior to the
Compact). Finally, rights junior to both the Shoshone right and the Compact are obviously the most
vulnerable in the event of a Compact call.
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Overview of the 1922 Colorado River Compact.
· Divides the Colorado River, including all tributaries, into an Upper and Lower Basin. The boundary between the two basins is in Lee Ferry, Arizona (see the attached map).
· The Upper Basin states are Wyoming, Colorado, most of New Mexico and Utah, and that
part of Arizona above Lee Ferry.
· The Lower Basin states are Nevada, California, most of Arizona, and parts of Utah and New Mexico.
· Article III(a) - - Allocation between the Upper and Lower Basins: “There is hereby
apportioned . . . in perpetuity to the Upper Basin and to the Lower Basin . . . the exclusive beneficial consumptive use of 7,500,000 acre feet per annum . . . .”
· Article III(b) - - Additional allocation to Lower Basin: “In addition to. . . paragraph (a) the
Lower Basin is hereby given the right to increase its beneficial consumptive use . . . by one
million acre feet per annum.” · Article III(c) - - Obligation to Mexico: Provides that water for Mexico “shall be supplied
first from the waters over and above . . . paragraphs (a) and (b); and if such surplus shall
prove insufficient . . . the burden . . . shall be equally borne by the Upper Basin and the
Lower Basin . . . .” · Article III(d) - - Ten year rolling average: “The states of the Upper Division will not cause
the flow . . . at Lee Ferry to be depleted below an aggregate of 75,000,000 acre feet for any
period of ten consecutive years . . . .”
· Article VIII - - Protection for rights senior to the effective date of the Compact: “Present perfected rights to the beneficial use of waters of the Colorado River system are
unimpaired by this compact.” The term “present perfected rights” in the Compact was
defined in Arizona v. California, 376 U.S. 340 (1964), to mean rights existing as of June
25, 1929. Given this definition, all water rights actually applied to beneficial use before June 25,
1929, regardless of when actually adjudicated, should be protected against a direct
Compact call.
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Overview of the 1948 Upper Colorado River Basin Compact.
· Allocates consumptive use among the Upper Basin States. · Provides Arizona with 50,000 acre feet of consumptive use per annum, with the remainder
as follows:
• 51.75% to Colorado
• 23.00% to Utah
• 14.00% to Wyoming
• 11.25% to New Mexico
· “Consumptive use” is defined as man-made depletions to the native (virgin) flow at Lee
Ferry.
Significant Compact Issues.
· The conflict between Articles III(a) and III(d) - which is controlling? Must the Upper Basin forgo a portion of the 7.5 million acre feet allocated in Article III(a) to deliver the 75
million acre feet allocated to the Lower Basin in any 10 year period as required by III(d)?
· Would the United States Bureau of Reclamation first drain Flaming Gorge and other federal
reservoirs before requiring Colorado water users to stop diverting?
· Some of the Upper Basin States such as Wyoming are much further away from using their
full Upper Basin Compact entitlement. Will they be required or be willing to contribute
more water to a Lower Basin Compact call so that Colorado water users are not shut down?
· There is no written policy explaining how the Colorado State Engineer might attempt to
meet a Compact call. The Division Engineer for Water Division No. 5 reports that the long
standing assumption has been that enforcement would be on a strict priority basis, and that
the State would simply start shutting down junior uses until the delivery obligation was met.
As this would shut down all transmountain diversions, there has, however, been some discussion by the State Department of Natural Resources on the feasibility of administering
a Compact call by requiring each of Colorado’s seven water divisions to supply a certain
percentage of any state line delivery obligation.
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Water Rights List
The three groupings of water rights in the charts and lists that follow are organized by
priority relative to the Shoshone right and the effective date of the Compact. The reason for
including the Shoshone right as a significant date has to do with the rebound call effect that a
Compact call could cause, making more rights vulnerable to the Shoshone call. The priority date of the Shoshone right is January 7, 1902.
To understand this rebound call effect, the starting point is to recognize that if there is a
Compact call, the most likely scenario is that the State Engineer would start by shutting down the
most junior users until Colorado’s share of the delivery obligation is met. Water rights with an appropriation date senior to the effective date of the Compact, June 25, 1929, could not be called out directly. These senior rights could, however, still be impacted in the event of a Compact call
if junior to the effective administration date of the Shoshone call. Under normal operations, most
such rights are allowed to divert even when the Shoshone call is on the river because they are
“Preferred Beneficiaries” under the operating policy for Green Mountain Reservoir. As such, these rights are augmented by releases from the Green Mountain power pool and can divert even when there is a Shoshone call on the river. A 1929 Compact call would be senior to the 1935
priority for Green Mountain Reservoir, impacting its ability to fill and supply this augmentation
water, and thereby subjecting all Preferred Beneficiaries to the Shoshone call.
Clearly, the most valuable rights are the rights senior to the effective administration date of the Shoshone call. Most such rights have been converted to annual historic consumptive use
(“HCU”) credits. The charts below approximate (1) the HCU credits that are senior to the
Shoshone right (and therefore obviously senior to the 1929 Compact), (2) the credits that are senior
to the Compact, but still junior to Shoshone, and therefore subject to a rebound call from Shoshone in the event of a Compact call, and (3) the credits that are junior to the effective 1929 date of the Compact, and the most vulnerable in the event of a Compact call.
1. Town of Avon.
The Town of Avon owns 448 acre feet of previously quantified historic consumptive use credits. Avon has leased this amount to the Authority. The priority of these HCU credits is as
follows:
Priority HCU-Avon (in acre feet) Senior to Shoshone 345 Junior to Shoshone,
but Senior to Compact
78
Junior to Compact 25
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66262
2. Brett/Creamery Ditches.
The Authority currently owns 194.21 acre feet of previously quantified historic consumptive use credits decreed to the Brett and Creamery Ditches. All of these consumptive use credits are
senior to the Shoshone rights.
3. Water Storage Rights. In addition to the water rights on the attached lists, the Authority has the right to water stored in
the facilities described below. The Green Mountain and Wolford Reservoir water is junior to the
effective date of the Compact. The water storage rights for the Homestake and Eagle Park Reservoirs
are also junior to the effective date of the Compact. However, to the extent Eagle Park Reservoir is augmented with senior water rights, it will not be subject to a Compact call.
• Green Mountain Reservoir – 548 acre feet
• Wolford Mountain Reservoir – 710.80 acre feet
• Homestake Reservoir – 256.50 acre feet
• Eagle Park Reservoir – 579 acre feet
4. Master Chart of HCU (in acre feet) Total Owned (in acre feet)
Leased/ Conveyed to
Authority
Senior to Shoshone
Junior to Shoshone, Senior to
Compact
Junior to Compact
Arrowhead 79 79 0 79 0 Avon 448 448 345 78 25 Berry Creek 221.5 141.4 218 3.5 0 Cordillera 247.33 247.33 114.48 124.35 8.5 Eagle-Vail 679.4 679.4 0 621.3 58.1 Edwards 264.5 264.5 123.6 127.4 13.5 Smith Creek 74 43 6.0 68 0.0 TOTAL1 2013.73 1902.63 807.08 1101.55 105.1
1Does not include Beaver Creek water rights held by the Beaver Creek Metropolitan District and leased to the Authority that are senior to the Compact. It also does not include the 155.8
consumptive acre feet leased by Traer Creek to the Authority or the Miller Ranch (33.06 af),
Donovan Parcel (14.76 af) and Confluence Project (5.47 af) dedications to the Authority.
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Colorado River
Compacts
Colorado River Compacts
•Tributary water in northwestern Colorado is part of the interstate
Colorado River system and is subject to the terms and conditions of
the:
•Colorado River Compact of 1922
•Mexican Water Treaty of 1944
•Upper Colorado River Basin Compact of 1948
•Colorado only has approximately 150,000 acre-feet left to develop
under the Compacts
1922 Colorado River Compact
•Interstate Compact
•Contract among the States
•Authorized by U.S.
Constitution
•Ratified by:
–State Legislatures
–U.S. Congress
•State Law (§37-61-101)
•Law of the United States
•The Compact divides the Colorado River, including tributaries, into an Upper and Lower Basin.
•The boundary is in Lee Ferry, Arizona.
•Upper Basin:
–Colorado
–Wyoming
–most of New Mexico
–most of Utah
–part of Arizona
•Lower Basin:
–California
–Nevada
–most of Arizona
–part of Utah
–part of New Mexico
The Dividing Line
Key Provisions of the
1922 Colorado River Compact
•Article III(a)
Apportions to Upper Basin and Lower Basin 7.5 million acre-feet per year in perpetuity.
•Article III(b)
Lower Basin may develop additional one million acre-feet annually.
•Article III(c)
Defines obligations of Upper and Lower Basins for deliveries to Mexico.
•Article III(d)
•Upper Division will not deplete flows at Lee Ferry below an aggregate of 75 million acre-feet over any period of ten consecutive years.
•Article IV(c)
No interference with state control
of water within its boundaries.
•Article VIII
Present perfected rights are
unimpaired
Upper Colorado River Compact (1948)
•Article I
“equitable division and
apportionment of the use of
waters”
•Article III(a)
•Arizona 50,000 acre-feet
•Colorado 51.75%
•Utah 23.00%
•Wyoming 14.00%
•New Mexico 11.25%
•Article VIII
Creates Upper Colorado
River Commission (four
states plus United States)
•Article IV
In the event of curtailment
Commission determines
quantities
Penalty for over use by any
state
Mexican Water Treaty (1944)
•Article 10(a)
1.5 maf guaranteed to
Mexico annually
How is the water apportioned?
•In 1922, the flow of the river was estimated to be at least 17 million
acre-feet
•16.5 million acre-feet was apportioned as follows:
•Upper Basin: 7.5 million acre-feet
•Lower Basin: 7.5 million acre-feet*
*with the right to an additional 1 million acre-feet
•Mexico: 1.5 million acre-feet
•However, based on measurements at Lee Ferry, the mean flow of the Colorado River is far less than 17 million acre-feet
Compact Compliance of the Upper Division States •Article III(d) - the states of the Upper Division will not deplete flows at Lee Ferry below an aggregate of 75 million acre-feet for any period of ten consecutive years.
• How are we doing?
–From 1995 to 2004, the ten-year total flow of the Colorado River at Lee Ferry was 102.58 million acre-feet
–From 2004 to 2013, the ten-year total flow of the Colorado River at Lee Ferry was 90.74 million acre-feet
Historic Flow at Lee Ferry (million acre-feet)
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Annual
8,361
8,348
8,372
8,348
8,395
8,508
8,422
9,180
8,406
8,436
13,227
9,534
8,289
10 year total
101,983
102,308
102,543
102,585
101,738
98,716
93,265
89,004
85,870
84,777
89,643
90,829
90,746
Upper Division States’ Colorado River Compact Compliance
Lake Powell and Lake Mead
•Lake Powell is a storage facility for the Upper Basin states.
–It was created by the Glen Canyon Dam (completed in 1963).
•Lake Mead is a storage facility for the Lower Basin states.
–It was created by the Hoover Dam (completed in 1936).
•The inflow to Lake Powell is a good measure of hydrologic
conditions in the Colorado River Basin
•The inflow to Lake Powell is provided, in part, by releases from
the Colorado River Storage Project Reservoirs
Lake Powell
Blue Mesa Reservoir Navajo Reservoir Flaming Gorge Reservoir
Objective Annual Release:
8.23 million acre-feet
Total Combined Storage Capacity:
30.6 million acre-feet
Colorado River Storage Project
Inflows to Lake Powell
Evidence of a Sustained Drought
Percentage of 30-year average (1971-2000: 12.04 million acre-feet (“maf”)
• 2000 – 7.32 maf (62%)
• 2001 – 6.96 maf (59%)
• 2002 – 3.06 maf (25%)
• 2003 – 6.36 maf (51%)
• 2004 – 6.13 maf (49%)
• 2005 – 12.62 maf (105%)
• 2006 – 8.77 maf (71%)
• 2007 – 8.23 maf (68%)
• 2008 – 12.36 maf (102%)
• 2009 – 10.36 maf (92%)
• 2010 – 8.74 maf (73%)
• 2011 – 16.79 maf (142%)
(1981-2010: 10.83 maf)
•2012 – 4.91 maf (45%)
•2013 – 5.12 maf (47%)
•The Secretary of the Interior is the “Water Master” of the Lower Basin and is responsible for distributing all Colorado River water below Hoover Dam.
•Major water users on the Colorado River must contract for water with the U.S. Secretary of Interior for annual deliveries.
•The United States has contracted with the States of Arizona and Nevada and with various agencies in Arizona and California for the delivery of Colorado River water.
•The Secretary of the Interior can only deliver water within the following apportionments:
•California – 4.4 million acre-feet
•Arizona – 2.8 million acre-feet
•Nevada – 300,000 acre-feet
Lower Basin Apportionment
Current Situation:
Colorado River System
•The last 13 years have been the driest period in the last 1,000 years
•Drought in the basin has led to substantially decreased water levels in
both Lakes Mead and Powell
•There is a significant system imbalance between supply and demand
•Due to the drought and a structural imbalance in the Lower Basin (i.e.,
more uses than inflow), both reservoirs are approaching critically low
levels
Current Situation:
Potential Near-Term Effects of Drought
•Recent studies report it is likely Lake Mead water elevations will trigger
shortage delivery reductions within the next three years
•There is a one-in-five chance that Lake Mead elevations will drop below
the operational capacity of one of the Southern Nevada Water Authority’s
intakes by 2016
•Recent studies also show there is a chance Lake Powell water elevations
will be so low in 2016, that Glen Canyon Dam will lose the ability to
generate power
Water supplies, hydropower production, water quality, and environmental
resources are all at risk in the next several years
Consequences – Upper Basin States
Low Probabilities, But Consequences are High
•Approximately 5.8 million
customers receive
electricity from the
Colorado River Supply
Project (CRSP) facilities in
the Upper Colorado Region
•In Colorado, CRSP power
serves almost all of the
geographic area of the state
outside of major
metropolitan areas
Consequences – Upper Basin States
If Lake Powell Drops Too Low
•Reduced power revenues at Lake Powell
–Threatened and Endangered Species Recovery Program will be adversely impacted
–Four-fold increase in power rates for many in Colorado
–Potential loss of ability to recover the grid from a black start condition
•The Upper Basin could face severe compact consequences if we drop below the power pool – at too low of a water level, the outlet flows from Powell will be
physically restricted risking compact issues
•Operational integrity of the dam
•Lack of action prompts the risk of federal intervention
Even with measures in place in the Lower Basin states to help increase Lake Mead elevations, if the drought continues, Lake Powell declines to dangerous levels near or below the power pool as early as 2016
*Does not include Beaver Creek water rights held by the Beaver Creek Metropolitan District and leased to the Authority that are senior
to the Compact. It also does not include the 155.8 consumptive acre feet leased by Traer Creek to the Authority or the Miller Ranch
(33.06 acre-feet), Donovan Parcel (14.76 acre-feet) and Confluence Project (5.47 acre-feet) dedications to the Authority.
Total Owned
(acre-feet)
Leased/
Conveyed
to Authority
Senior to
Shoshone
Junior to
Shoshone,
Senior to
Compact
Junior to
Compact
Arrowhead
79
79
0 79
0
Avon
448
448 345 78 25
Berry Creek
221.5
141.4
218 3.5
0
Cordillera
247.33
247.33
114.48
124.35
8.5
Eagle-Vail
679.4
679.4
0 621.3 58.1
Edwards
264.5
264.5
123.6
127.4
13.5
Smith Creek
74
43
6.0
68
0.0
TOTAL*
2013.73 1902.63 807.08 1101.55 105.1
Master Chart of HCU Water Rights
TOWN COUNCIL REPORT
PAGE 1 OF 1
To: Mayor and Town Council
From: Virginia C. Egger, Town Manager
Date: June 2, 2014
Agenda Topic: Town Council – Eagle County Board of Commissioners Annual Work Session
The Board of Commissioners will join Council in a work session to discuss the following topics as requested by the
Town Council and the Commissioners. Ninety minutes has been planned for the discussion. The proposed agenda is ordered to first acknowledge the good partnerships the Town and County have
undertaken over the past year. The agenda then turns to current projects and new ideas for future joint efforts.
Mayor Carroll will encourage a discussion on each topic with an interest in deciding as a group whether the topic
should be pursued and if so who should lead the work and what are the general expectations for reaching a next
step or conclusion. This is meant to keep focus on what is accomplishable and the priorities between Town and
County so that effort is well directed.
Agenda – Town/County Work Session
1. 2013-2014 Collaboration Efforts - Mayor Rich Carroll
• US 6 Highway Shoulder Widening (Avon Contribution: $50,000)
• Bus Shelter Funding for Wyndham Station (100% County) and Village at Avon (50%-50% shares)
• ECO Trails Regional System - Advancement of ECO Trails funds ($573,000) for Avon Road to Beaver
Creek on along US 6
• Augustana Senior Care (Avon Contribution: $200,000)
• IGA for the Regional Transit Facility – Move In and Commencement of Services
2. Wildland Fire Planning, Education and Response – Are We Ready? – Councilor Buz Reynolds
3. Continued Trail Development
• Prioritizing funding of the ECO Regional Trail on US 6 – Eaglebend Apartment Complex to Stonebridge:
$1.5 - $2.0M – Councilor Jennie Fancher
• County and Avon systems – connections – Board of Commissioners
4. Transit Partnerships - Councilor Jake Wolf
• Reinstating funding for the spine service to Beaver Creek Resort, which will facilitate Avon redeploying
the monies to increasing Black Line Service frequency and service to Buffalo Ridge – Estimated County
Contribution $150,000 per year
• Providing an Edwards’ Circulator Service – Avon’s Rolling Stock Opportunities
• I-70 Coalition Retreat – AGS Study – Commissioner Jill Ryan
5. Investments in Economic Development – Eagle County Financial Contribution for the Nottingham Park
Pavilion/Stage – Mayor Rich Carroll
6. Fiscal Impact Analysis – Revenue and Expenditure Analysis – Mayor Rich Carroll
• Developing a methodology
• General sales and property taxes and Eagle County expenditures: Municipalities, special districts, and
unincorporated Eagle County
• Urban Renewal Analysis – Benefits and Impacts- How URA projects affect revenues in each jurisdiction
(May request Vail to participate.)
7. Recreational Marijuana – Potential sharing of County taxes to offset impacts in municipalities from shops in
the unincorporated areas of the County – Councilor Dave Dantas
8. Hispanic Outreach Initiatives – Board of Commissioners
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia C. Egger, Town Manager
Date: June 4, 2014
Agenda Topic: Town Council Vacancy
Attorney Eric Heil has provided in this packet information from the Avon Home Rule Charter, which
details how a Town Council vacancy is filled upon accepting a Councilor’s resignation or recognizing a
vacancy exists. His information results in two options for the Council to decide at Tuesday’s Work
Session:
Option 1: Council may choose not to fill the current vacancy due to the proximity of the November 4th
Election.
Option 2: Fill the vacancy. If Council wishes to fill the vacancy at this time, the appointee’s term would
end on November 18th, when the newly elected Council is sworn in. A recommended approach to
solicit applicants for appointment and timeframe is as follows, however, it is noted that Council has
significant discretion in the selection process:
June 10th – Direct staff to prepare a notice (advertisement/press release) for interested
applicants; state qualifications, deadline for submission, and request letter of interest addressed
to the Town Clerk.
June 17th – June 30th – Accept Letters of Interest
June 24th – Develop process for interviewing and selection
July 1st – July 3rd – Town Clerk verifies applicants’ qualifications
July 8th – 5:00 p.m. - Interviews and Appointment
July 22nd – Swearing In
Note: Tuesday, August 7th – First day that nomination petition for municipal office may be circulated
and signed.
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Carroll and Town Council Members
FROM: Eric J. Heil, Town Attorney
RE: Town Council Vacancy
DATE: June 6, 2014
Summary: A vacancy has occurred on the Town Council as a result of Todd Goulding not re-establishing
residency in Avon by June 1, 2014. This memorandum describes the process for filling a vacancy on the
Town Council. The Avon Home Rule Charter states the following:
Section 4.7 Vacancies.
(a) A vacancy of a Council member position occurs by resignation, recall,
removal from office, incapacitation, death, failure of Town residency, or conviction of
felony.
(b) Within seventy-five (75) days after the date which the Council accepts or
recognizes the act or event which constitutes a vacancy, the remaining Council members
shall appoint a duly qualified person to fill such Council vacancy by a majority vote of
the quorum present. He or she shall hold office only until a successor has been elected
at the next general municipal election and duly qualified for office. Such successor
shall serve the unexpired term, if any, as to which the vacancy occurred. If four
or more vacancies exist simultaneously, the remaining Council members shall, at the
next regular meeting of the Council, call a special election to fill such vacancies,
provided there will not be a general municipal election within ninety (90) days and
provided that their successors have not previously been elected. (Ord. 11-13 §3; Ord. 83-
17 §1).
Council may accept or recognize the resignation of Council member as effective on June 1, 2014 due to the
failure to re-establish residency within one year, as previously approved by Council. 75 days after June 1,
2014 is Friday, August 15, 2014. The Avon Home Rule Charter does not provide a requirement to refer a
vacancy to a special election if the Town Council fails to appoint an eligible candidate within 75 days. State
statute requires statutory towns to refer vacancies to a special election if the vacancy is not filled by
appointment within 60 days of the resignation. C.R.S. §31-10-108 states that a special election cannot be
called within 90 days of a regular election. 90 days prior to the November 4, 2014 general election is
August 6, 2014. Therefore, if Council did not fill the vacancy by August 15, 2014, then Council can defer to
the November 4, 2014 general election and permit the vacancy to remain unfilled until the general election.
Former Council member Goulding’s term would have expired on November 4, 2014; therefore, any
appointment by Council to fill the vacancy will only be to serve the unexpired term until November 4, 2014.
Thank you, Eric
M EMORANDUM
& PLANNING, LLC
PAGE 1 OF 1
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia C. Egger, Town Manager
Date: June 10, 2014
Agenda Topic: Appointment of a Councilor and an Alternate to the Upper Eagle Regional Water
Authority UERWA
The Agreement Establishing the Upper Eagle Regional Water Authority Master Service Contract sets forth in Section 3.2
“Appointment”, the qualifications and method for appointment to the Board of Directors: “Each Contracting
Party shall appoint one principal member who shall be an elected official of the Contracting Party and one or
more alternate members who may be elected officials (i.e. alternates are appointed at discretion of
Contracting Party). Alternate members shall act and vote only in the absence of the principal member.”
The Town of Avon holds one principal seat on the Board, and this appointee’s alternate. Mayor Pro Tem Todd
Goulding served as Avon’s principal, with the Town Manager appointed as alternate, since January 1, 2014. With
Todd’s leaving the Town Council, his seat will need to be appointed by motion and vote. Revisiting who serves as
alternate is also appropriate at this time. Any change would also be by motion and vote.
The appointment term is at the “pleasure of the governing body”.
The Board meets regularly at 9:00 a.m. on the fourth Thursday of the month. The next meeting is June 26th.
PAGE 1 OF 1
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia C. Egger, Town Manager
Date: June 10, 2014
Agenda Topic: Appointment of Mayor Pro Tem
The Avon Home Rule Charter sets forth the appointment and duties of the Mayor Pro-Tem as follows:
Section 4.3 Election of Mayor and Mayor Pro-Tem. The Mayor and Mayor Pro-Tem shall be elected
from amongst the duly elected Council members by the concurring vote of four (4) Council members
at its first organizational meeting held after final certification of the election results after each
regular municipal election or as soon as practical after a vacancy of the position of Mayor or Mayor
Pro-Tem occurs. Any vacancy of the position of Mayor or Mayor Pro-Tem shall be filled in accordance
with the procedures in this Section. (Ord. 11-13 §3)
Section 4.4 Mayor and Mayor Pro-Tem - Powers and Duties. The Mayor shall preside at meetings of
Council and shall exercise such powers and perform such other duties as are or may be conferred
and imposed upon him by this Charter or the ordinances of the Town. The Mayor shall have the
power to vote on all matters in accordance with procedures adopted by Council by motion or
resolution. The Mayor shall be recognized as the head of the Town government for all ceremonial,
dignitary and legal purposes and he shall execute and authenticate legal instruments requiring his
signing as such official. In the absence or disability of the Mayor, the Mayor Pro-Tem shall preside at
meetings of Council and shall have all powers and duties of the Mayor. (Ord. 11-13 §3) C-9
Section 4.5 Acting Mayor.
In the absence or disability of the Mayor and Mayor Pro-Tem, the Council may appoint by motion a
Council member to serve as the Acting Mayor at such meeting who shall preside at the meeting and
shall have all powers and duties of the Mayor as regards final actions taken by Council at such
meeting.
(Ord. 11-13 §3; Ord. 84-3 §l)
It is recommended the Mayor entertain nominations, by motion and vote, for the Mayor Pro-Tem
position, followed by the Council membership interviewing the nominee(s). A vote would follow with a
paper ballot being completed by the Mayor and Councilors. The Town Clerk would record the results by
reading out each ballot and name of Councilor submitting the vote.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY MAY 27, 2014
AVON TOWN HALL, ONE LAKE STREET
1. FINAL - Avon Council Meeting 05-27-2014 Minutes Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:10 PM. A roll call was taken and Council members present
were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds, and Jake Wolf. Buz Reynolds
arrived late. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Town Clerk
Debbie Hoppe, Senior Planner Matt Pielsticker, as well as members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. RECOGNITION OF TODD GOULDING’S SERVICE AS AN AVON TOWN COUNCILOR
Mayor Carroll moved to approve A Proclamation Honoring Mayor Pro Tem Todd Goulding and His Years of
Service; Councilor Wolf seconded the motion and it passed unanimously.
4. PUBLIC COMMENT
5. ACTION ITEMS
5.1. INTERVIEW OF PLANNING AND ZONING COMMISSIONER APPLICANTS & APPOINTMENT TO COMMISSION
Two applicants were interviewed. The Council each filled out a paper ballot and David Baum was
selected as a Planning and Zoning Commission member with a 4 to 3 vote. Mayor Pro Tem Goulding,
Councilors Reynolds, Fancher, and Wolf voting for David Baum; and Councilor Dantas, Evans and Mayor
Carroll voting for Peter Sherowski.
5.2. AVON LOGO & TAGLINE APPROVAL
(ECONOMIC DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER)
Markian Feduschak, Kristen Pryor, Jeremy Reitman and Jen Dean were present from the Economic
Development Work Group, which developed and was recommending the new logo and tagline.
Councilor Evans moved to approve Avon Logo & Tagline; Mayor Pro Tem Goulding seconded the
motion. A roll call was taken with Mayor Pro Tem Goulding, Councilors Evans and Reynolds and Mayor
Carroll voting yes; and Councilors Dantas, Wolf and Fancher voting no. The Vote Passed 4 to 3 in favor
of Avon Logo & Tagline approval.
6. WORK SESSION
6.1. STATE LIQUOR ENFORCEMENT DIVISION COMPLIANCE CHECK UPDATE – DISCUSSION WITH ACTING DIRECTOR
PATRICK MARONEY (CHIEF ROBERT TICER)
6.2. DEVELOP AGENDA FOR MEETING WITH EAGLE COUNTY COMMISSIONERS
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY MAY 27, 2014
AVON TOWN HALL, ONE LAKE STREET
1. FINAL - Avon Council Meeting 05-27-2014 Minutes Page 2
7. ACTION ITEMS
7.1. RESOLUTION 14-11, AMENDING THE 2014 GENERAL, WATER, TRANSIT AND AFFORDABLE HOUSING FUNDS
(BUDGET ANALYST KELLY HUITT)
Councilor Fancher moved to approve Resolution 14-11, Amending the 2014 General, Water, Transit and
Affordable Housing Funds; Councilor Evans seconded the motion and it passed unanimously.
7.2. RESOLUTION 14-12 AMENDING THE 2014 CAPITAL PROJECTS FUND
(BUDGET ANALYST KELLY HUITT)
Councilor Fancher moved to approve Resolution 14-12 Amending the 2014 Capital Projects Fund;
Councilor Wolf seconded the motion and it passed unanimously.
7.3. NOTICE OF AWARD TO SITE RESOURCES MANAGEMENT FOR CONSTRUCTION OF THE EAGLE VALLEY TRAIL –
BRIDGES SECTION (TOWN ENGINEER, JUSTIN HILDRETH)
Councilor Goulding moved to award the Eagle Valley Trail- Bridges Section Notice of Award to the low
bidder Site Resources Management, in the amount of $809,803.50, with the following conditions: 1)
That Phase 2 will not proceed until changes to the grading and retaining walls are approved by CDOT
and Vail Resorts, 2) The Notice state that any cost savings from redesign of the Phase 2 retaining wall
will reduce the contractor’s fees; and 3) The ECO Trails/Eagle County –Town of Avon IGA be amended
to advance $522,000 from Phase 3 and 4 to Phase 2. 4) Town Staff include conduit and/or lights on the
path with funding coming from additional County funds available ($51,000). Councilor Reynolds
seconded the motion and it passed unanimously.
7.4. CONSTRUCTION LICENSE AGREEMENT TO CONSTRUCT THE EAGLE VALLEY TRAIL, BRIDGES SECTION
(TOWN ENGINEER, JUSTIN HILDRETH)
Councilor Wolf moved to approve a Construction License Agreement to Construct the Eagle Valley
Trail, Bridges Section; Councilor Evans seconded the motion and it passed unanimously.
7.5. MINUTES FROM MAY 13, 2014 MEETING (TOWN CLERK DEBBIE HOPPE)
Councilor Wolf moved to approve Minutes from May 13, 2014 meeting; Councilor Evans seconded the
motion and it passed unanimously.
8. WRITTEN REPORTS
8.1. FINANCIAL REPORT
8.2. STAFF REPORT: PUBLIC EDUCATION ON USE OF RECREATIONAL MARIJUANA
8.3.VILLAGE (AT AVON) UPDATE (TOWN ATTORNEY ERIC HEIL)
9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
9.1. UERWA MEETING UPDATE ( MAYOR PRO TEAM TODD GOULDING)
10. COUNCIL COMMENTS
11. MAYOR REPORT AND FUTURE AGENDA ITEMS
11.1. COUNCIL VACANCY DISCUSSION
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY MAY 27, 2014
AVON TOWN HALL, ONE LAKE STREET
1. FINAL - Avon Council Meeting 05-27-2014 Minutes Page 3
12. ADJOURNMENT
12.1. COUNCIL VACANCY DISCUSSION
There being no further business to come before the Council, the regular meeting adjourned at 9:30 PM.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Todd Goulding ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
COMCAST FRANCHISE AGREEMENT – WORK SESSIONS AND OPEN HOUSES FOR PUBLIC INPUT
PAGE 1 OF 1
TOWN COUNCIL REPORT
To: Honorable Mayor and Avon Town Council
From: Virginia Egger, Town Manager
Date: June 4, 2014
Agenda Topic: Comcast Franchise Agreement – Work Sessions and Open Houses for Public Input
Town Council, at its April 22nd meeting, reviewed, in a work session, a recommended procedure to
identify issues and reach consensus on the renewal of the Comcast Franchise Agreement. Andy Davis,
Comcast Director of Regulatory and Government Affairs, and Porter Wharton, Governmental Relations
consultant with Comcast, were present at the work session. Council directed staff to more fully define
with Comcast representatives an outreach process to garner public comment and to discuss the
concerns and opportunities voiced by Council itself. We have met and recommend the following
approach in meeting Council direction. All meeting would be schedule after July 4th, to accommodate
COMCAST technical and service representatives’ schedules:
Council Sessions: Scheduled sessions with one or two Council persons per session, over two
days, to fully discuss the purposes and parameters of a cable franchise agreement, technical
concerns about service and expected service levels (including response times), age of system
and capital investments in new technologies, use of right-of-way- standards of performance,
PEG Access Channels, etc. COMCAST will have technical staff and service representatives
present for these meetings.
The purpose of these sessions is to first fully inform Council of all aspects of the cable
operation, equipment and services so that Open House presentations and needed materials
are well done to meet the needs of Council and COMCAST in receiving comments and
questions.
Open Houses: Final process to be completed after meetings with Council members, but
generally each session will begin with a presentation defining what is a franchise agreement
and purpose of outreach, followed by a COMCAST presentation on service area, equipment,
service levels and future outlook. Questions and Comments would be taken and, as be
needed, written notes and responses to participants would be provided.
Scheduled after July 4th Holiday: Two Open Houses
Primary Focus on Business Service
Primary Focus on Residential Service
PEG – TV5 Work Session: With PEG Board/Staff, COMCAST and Council representatives
July 22nd – Council Work Session – Draft Agreement
August 12th - 1st Reading – Ordinance Adopting the Franchise Agreement
August 26th – 2nd Reading – Ordinance Adopting the Franchise Agreement