TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 13, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET

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1 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 13, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT BUZ REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER DEPUTY TOWN CLERK: RICHELLE CURRAN 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, 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 4. ACTION ITEM 4.1. PRESENTATION AND COUNCIL ACCEPTANCE BY MOTION AND VOTE OF THE 2013 YEAR END AUDIT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 5. WORK SESSION 5.1. REVIEW AND DIRECTION TO AMEND WILDRIDGE PUD TO ALLOW SHORT TERM RENTALS DURING THE 2015 WASC (PLANNING MANAGER MATT PIELSTICKER) 6. ACTION ITEMS 6.1. PUBLIC HEARING SECOND READING OF ORDINANCE AN ORDINANCE AMENDING SECTION , SECTION , AND TABLE OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 1) AMENDMENT 64 PRESENTATION (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 2) COUNCIL DISCUSSION 3) COMMENTS FROM THE PUBLIC 4) COUNCIL DISCUSSION 6.2. REVIEW AND COUNCIL DIRECTION ON GENERAL, WATER, TRANSIT, FLEET AND WATER FUND BUDGETS & ESTIMATED CAPITAL PROJECTS FUNDING SOURCES (ASSISTANT TOWN MANAGER SCOTT WRIGHT & TOWN MANAGER VIRGINIA EGGER) 6.3. ACTION ON A PROFESSIONAL SERVICES AGREEMENT WITH MOMENTUM FOR THE CONSTRUCTION OF MOUNTAIN BIKE TRAILS IN WILDRIDGE AND THE WEST AVON PRESERVE (PLANNING MANAGER MATT PIELSTICKER) Page 1

2 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 13, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET 6.4. AVON LOGO & TAGLINE APPROVAL (ECONOMIC DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 6.5. PUBLIC HEARING AND ACTION ON AMPLIFIED SOUND PERMIT WITH A REQUEST BY VAIL VALLEY CHARITABLE FUNDS TO EXTEND THE HOURS OF AMPLIFIED SOUND IN NOTTINGHAM PARK JUNE 11, 2014, FOR THE RIDE THE ROCKIES - EVENT MANAGER MAREN CERIMELE (DEPUTY TOWN CLERK RICHELLE CURRAN) 6.6. ACTION ON A RESOLUTION APPROVING A RESTRICTIVE COVENANT AGREEMENT FOR LOT 5, FILING 1, VILLAGE (AT AVON), TOWN OF AVON, COLORADO (TOWN ATTORNEY ERIC HEIL) 6.7. MINUTES FROM APRIL 22, 2014 MEETING (DEPUTY TOWN CLERK RICHELLE CURRAN) 7. WRITTEN REPORTS 7.1. COLORADO CREATIVE INDUSTRIES SUMMIT RECAP (COUNCILOR JENNIE FANCHER) 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8.1. UERWA MEETING UPDATE ( MAYOR PRO TEAM TODD GOULDING) 8.2. MAYOR & MANAGERS MEETING UPDATE ( MAYOR RICH CARROLL) 8.3. CREATIVE DISTRICT SUMMIT UPDATE ( COUNCILOR JENNIE FANCHER) 9. COUNCIL COMMENTS 10. MAYOR REPORT AND FUTURE AGENDA ITEM 11. EXECUTIVE SESSION: (THIS MEETING IS NOT OPEN TO THE PUBLIC) FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING THE MOUNTAIN STAR WATER SYSTEM UNDER C.R.S (2)(B); TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S (2)(A) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE RELATED TO SUCH PROPERTY INTEREST UNDER C.R.S (2)(B); 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 (2)(E) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING THE WATER AUTHORITY WATER MASTER AGREEMENT 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 (2)(E) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING EAGLE AIR ALLIANCE FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S (2)(B) REGARDING THE VILLAGE (AT AVON) LITIGATION SETTLEMENT 12. ADJOURNMENT FUTURE AGENDA ITEMS: COMCAST RENEWAL PROCESS, PHASE 2 RECREATION CENTER OPEN HOUSES Page 2

3 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 13, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET CHAIRMAN VICE CHAIRMAN BOARD MEMBERS PRESIDING OFFICIALS RICH CARROLL TODD GOULDING DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT BUZ REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER DEPUTY TOWN CLERK: RICHELLE CURRAN ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON S WEBSITE, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. Applicant Name: Vail Valley Charitable Fund Event Name: Ride the Rockies Event Dates: June 11, 2014 Location: Nottingham Lake Event Manager: Maren Cerimele 5. RENEWAL OF LIQUOR LICENSES 6. MINUTES FROM APRIL 22, ADJOURNMENT Page 3

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17 TOWN COUNCIL REPORT To: From: Honorable Mayor Rich Carroll and Avon Town Council Scott Wright, Finance Director Date: May 6, 2014 Re: Town of Avon 2013 Year-end Audit Presentation Summary A representative from McMahan and Associates, CPAs, the Town s independent certified public accountants, will be here Tuesday to present the Town s comprehensive annual financial report and management letter to Council. Comprehensive Annual Audit Report Section of the Town s Charter requires an independent audit of the Town s accounts by certified public accountants at least annually. Acceptance of the 2013 comprehensive annual financial report (CAFR) by the Council fulfills this requirement. In addition to meeting the Town s Charter requirements, the Town also uses the CAFR to document that it has met the compliance requirements of the Single Audit Act and U.S. Office of Management and Budget regarding awards of major federal grants, that it has met the standards applicable to financial audits as issued by the Comptroller General of the United States and that information provided in the CAFR meets the continuing disclosure requirements of the Town s various debt issuances. The Town provides its CAFR to various users of financial reports including: investors in Town bonds, creditors such as banks and underwriters, oversight bodies such as the Colorado State Auditor, and other governmental entities. Finally, the Town participates in the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting and has received this certificate for last twenty-two years in a row. Management Letter As part of the annual audit process, all auditors are required by generally accepted auditing standards to communicate certain information to governing boards in relation to the audit performed. Page 1

18 Recommendation I recommend that the Council accept the Town s 2013 comprehensive annual financial report. Attachments: A 2013 Annual Comprehensive Financial Report B McMahan and Associates Management Letter Page 2

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151 M & A McMahan and Associates, l.l.c. Certified Public Accountants and Consultants Web Site: Chapel Square, Bldg C Main Office: (970) Chapel Place, Suite 300 Facsimile: (970) P.O. Box 5850, Avon, CO mcmahan@mcmahancpa.com Town Council Town of Avon, Colorado P.O. Box 975 Avon, CO We have audited the financial statements of Town of Avon, Colorado for the year ended December 31, Professional standards require that we provide you with the following information related to our audit. Qualitative Aspects of Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Town of Avon, Colorado are described in the Notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. There are no significant transactions that have been recognized in the financial statements in a different period than when the transaction occurred. Accounting estimates are an integral part of the financial statements prepared by management and are based on management s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Estimated useful lives for depreciation on fixed assets: Management s estimate of depreciation is based on industry practice and experience. We evaluated the key factors and assumptions used to develop the useful lives used in determining depreciation and found that it is reasonable in relation to the financial statements taken as a whole. Allowance for Doubtful Accounts: The Town has a number of receivables from developers and others. Some of the amounts owed to the Town may be uncollectable either due to economic circumstances or ongoing litigation. The Town has recorded an allowance for doubtful accounts to reflect any lower collectable amounts than anticipated. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. None of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Member: American Institute of Certified Public Accountants Paul J. Backes, CPA, CGMA Avon: (970) Michael N. Jenkins, CA, CPA, CGMA Aspen: (970) Daniel R. Cudahy, CPA, CGMA Frisco: (970)

152 Town Council Town of Avon, Colorado Page 2 Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor s report. We are pleased to report that no such disagreements arose during the course of our audit Management Representations As is required in an audit engagement we have requested certain representations from management that are included in the management representation letter. This letter is intended solely for the information and use of the Town Council, management, and others within the organization and is not intended to be, and should not be, used by anyone other than those specified parties. Sincerely, McMahan and Associates, L.L.C. April 30, 2014

153 WILDRIDGE SHORT TERM RENTALS PAGE 1 OF 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, Planning Manager Date: May 6, 2014 Agenda Topic: 2015 Short Term Rentals in Wildridge SUMMARY Staff received a written request from Mr. Harry Greenberg (attached hereto), owner at 5070 Wildridge Road East, to permit short term rental in Wildridge during the 2015 World Ski Championships. The request comes from the sense that demand for rentals will far outstrip supply not only in Avon, but the valley as a whole. Short Term rentals are not currently allowed by the Wildridge PUD, therefore a zoning application would need to be processed in order to allow this land-use to occur. The purpose of this work session is to gain consensus on whether or not short term rental use in Wildridge should be considered on a property-by-property basis, entire subdivision basis for this event, or the entire subdivision should be reviewed beyond this isolated event. This report summarizes the Wildridge PUD zoning and process necessary to permit these types of rentals. WILRIDGE ZONING The Wildridge PUD was platted was intended as a residential community since inception. Language from the subdivision plat and zoning ordinance defined the permitted use of dwellings, excluding use of dwellings as hotel or lodge units. This was further clarified by Council approval of Ordinance , which elaborated on the definition of lodge and specifically prohibited this type of land use in the Wildridge PUD. PROCESS If Council wishes to consider short term rentals in Wildridge, a PUD amendment is required due to the strict nature of the Wildridge PUD as outlined above. A similar process was undertaken in recent years for two other PUDs to permit short term rentals Brookside Park and Canyon Run. Pursuant to (b) of the Avon Municipal Code, development applications (including PUD amendments) can only be initiated by owners of real property and therefore the Town could not apply for this type of zoning amendment on behalf of Mr. Greenberg. This type of amendment must come from a property owner and requires public notice and hearings before the PZC and Town Council. If there is an appetite to consider this type of zoning amendment, Staff recommends that it is limited in duration so as to maintain the intent of the PUD. With a limited duration of approval it can be argued that it does not change the character of the development and maintains the intent and integrity of the PUD, therefore, it would be processed as a Minor PUD Amendment which requires a public hearing with PZC and Council and approval by Resolution. ATTACHMENT: Letter from Harry Greenberg, April 29, 2014

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155 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Richelle Curran, Records Administrator/ Deputy Town Clerk Date: May 13, 2014 Action Item: Recap of April 22, 2014 Presentation and Discussion of Amendment 64 Report Marijuana: Cultivation, Manufacturing, Testing and Retail Operations At Council s April 22 nd meeting, Susan Fairweather, Director of Economic Initiatives, provided Town Council with staff s Amendment 64 Report on Cultivation, Manufacturing, Testing and Retail Operations. The Amendment 64 Report is not included in the Council packet for Second Reading, as no changes were made since the April 22 nd meeting; it can, however, can be retrieved at the link below and included the following information: Amendment 64 Report on Cultivation, Manufacturing, Testing and Retail Operations. Table of Contents Overview & Purpose of Work Session Avon s Brand Health Reports Scientific Findings Law Enforcement Findings Recreational Marijuana Considerations for Approving in Avon Private Smoking Clubs License Authority Fees Taxes Education Public Input Colorado Cities Overview Appendices Town Council at the April 22 nd meeting approved the First Reading of Ordinance No Prohibiting Marijuana and Marijuana Clubs in Avon. A public hearing will be conducted at the May 13 th meeting prior to Town Council action on the Second Reading of Ordinance No Attorney Eric Heil s memo and the ordinance are attached.

156 H EIL L AW & PLANNING, LLC M EMORANDUM TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Ordinance No Prohibiting Marijuana Establishments and Marijuana Clubs DATE: May 7, 2014 Summary: Ordinance No is presented for second and final reading. Ordinance No would enact a prohibition on marijuana establishments and marijuana clubs throughout the Town of Avon. Council passed first reading of Ordinance No at its regular meeting on April 22, Council is required to conduct a public hearing on Second and Final Reading by Charter Section 6.5. Discussion: Amendment 64 was passed by Colorado voters in Amendment 64 amends the Section 16 of Article XVIII of the Colorado Constitution to decriminalize personal use of recreational marijuana and to authorize marijuana establishments. "Marijuana establishment" is defined to mean a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. Section 16.5(f) of Article XVIII states in part, A locality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance.... Although Amendment 64 disallows public consumption of marijuana, Amendment 64 did not address consumption in private marijuana clubs. Ordinance No prohibits marijuana establishments and defines and prohibits marijuana clubs. Ordinance No does not affect the Colorado Constitution right to personal possession, cultivation and consumption of marijuana. Proposed Motion: I move to approve Ordinance No AN ORDINANCE AMENDING SECTION , SECTION , AND TABLE OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS Thank you, Eric Heil Law & Planning, LLC Office: South Colorado Blvd., Suite 550 Fax: Denver, CO eric@heillaw.com

157 Attachment A Ord Prohibiting Marijuana Establishments FINAL Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO SERIES OF 2014 AN ORDINANCE AMENDING SECTION , SECTION , AND TABLE OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS WHEREAS, Colorado voters approved Amendment 64 which amended Article XVIII of the Constitution of the State of Colorado by adding a new Section 16; and WHEREAS, Colorado Constitution Article XVIII Section 16(5)(f) allows local governments to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance; and WHEREAS, the Town Council of the Town of Avon previously passed legislation prohibiting medical marijuana dispensaries and medical marijuana cultivation operations in the Town; and WHEREAS, it is the Town Council s opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Avon Municipal Code Section Section is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: Medical marijuana business, marijuana establishment and marijuana club prohibited. Medical marijuana business, marijuana establishment and marijuana club, as defined in Section of this Code and as may be amended or recodified, is are each prohibited and unlawful in the Town. Section 3. Amendment to Avon Municipal Code Section Section is hereby amended by adding the following definitions, to read as follows:

158 Attachment A Marijuana club means an establishment that is not open to the general public and permits members of the establishment to consume marijuana at the establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store, and includes further definition of such facilities and store as defined in Colorado Constitution Article XVIII Section 16(2)(i). Section 4. Amendment to Avon Municipal Code Table Table is hereby amended by adding the following language, which added language is depicted with double underlining, so that the section shall read in its entirety, and is hereby adopted in its entirety, as follows: Medical Marijuana, Marijuana Establishment and Marijuana Club. Section 5. Codification Amendments. The codifier of the Town s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 6. 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 7. Effective Date. This Ordinance shall take effect thirty (30) days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 8. 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 9. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or Ord Prohibiting Marijuana Establishments FINAL Page 2 of 3

159 Attachment A obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 10. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for May 13, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on April 22, Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Debbie Hoppe, Town Clerk APPROVED AS TO FORM: Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on May 13, Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Debbie Hoppe, Town Clerk Ord Prohibiting Marijuana Establishments FINAL Page 3 of 3

160 TOWN COUNCIL REPORT To: From: Honorable Mayor Rich Carroll and Avon Town Council Scott Wright, Finance Director Date: May 9, 2014 Re: 2014 Supplemental Amendment Budget Discussion Introduction In prior years it has been the practice to adopt a supplemental budget amendment in order to update beginning fund balance estimates and generally recognize revisions to the budgets that were not identified at the time the budget was originally adopted. This particular year is unusual due to the large volume of unanticipated changes and revisions due largely to personnel changes, special events and new CIP projects. Below is a summary of proposed budget revisions by fund and estimated impacts to respective fund balances. This memo and its attachments are for budget discussion purposes during the Town Council worksession. We are proposing bring the final budget amendment resolutions to Town Council on May 27 th. Capital Projects Fund New projects that are being proposed not previously included in the budget include the following: Transit Bus Stop - Traer Creek Plaza - $60,000 (50% funded by ECO); Transit Bus Stops City Market/Christy Sports - $125,000 (80% funded by FASTER Grant); Nottingham Park Stage - $930,000. Design costs for the Nottingham Park stage in the amount of $70,000 were added to the 2014 Supplemental Amendment No. 1 on April 22. This project is being partially funded by Community Enhancement funds of $508,000; Avon Road Streetlights - $200,000; Village at Avon / Post Boulevard Street and Streetscape Improvements - $280,000 West Avon Parcel Trails - $95,000 (partially funded by an Eagle County trails grant of $15,450); [May be reduced to $81,750 as a result of trail design changes] Beaver Creek Blvd. Bike Lane (striping and signage) - $35,000; Pumphouse Pump Replacement - $100,000 (100% Funded by Water Fund); Avon Recreation Center Expansion Exhibits and Displays - $5,000. Sub-Total Net Impact on Fund Balance ($1,076,550) Page 1

161 Revised Projects Delay Fleet Maintenance Lift Replacement - $140,000; Increase Avon Recreation Center Showers and Pool Deck Repairs - $40,000; Delay Nottingham Park Restrooms and Showers - $275,000; Increase 2014 Avon Mall Improvements - $300,000; Delay Phase 3 (Eaglebend to Stonebridge) of the Eagle Valley Trail - $900,000. Delay CDOT grant revenues earmarked for Phase 3 to 2015; Split the Eagle Valley Bridges Project into Phases 1 & 2 and revise the cost based on bids from $725,000 to $517,000 and $492,791, respectively. Eagle County Trails grant revenues are revised upward by a net $275,086 by a proposal to move funds previously dedicated to Phase 3 to Phase 2. Sub-Total Net Impact on Fund Balance from New and Revised Projects - $310,295 Other Revisions Reduce transfers-in from Community Enhancement Fund for delaying the Nottingham Park restrooms and increase transfers-in for the Nottingham Park stage funding Net $233,000; Increase transfers-in from Water Fund for Pumphouse pump replacement ($100,000) and Nottingham Park Athletic Field Drainage Improvements ($14,000) net $114,000; Decrease Transfers Out to the General Fund for Engineering salaries associated with capital projects - ($39,438); Decrease Contingency from $150,000 to $0; Increase Transfers-In from the General Fund from $0 to $700,000 to provide adequate Ending Fund Balance Reserve. Other Fund Considerations Real Estate Transfer Tax revenues are budgeted at $1.6 million for YTD revenues through April total $895,378 or 56% of budget. It should be noted that one transaction of $490,000 was recorded in March for the sale of Chapel Place and without that one transaction, the monthly volume is averaging $101,345. Total Net Impact on Fund Balance from New and Revised Projects and Other Revisions, including $700,000 Transfer-In from 2013 General Fund Net Sources - $1,103,040 The estimated Ending Fund Balance of the Capital Project Fund based on all of the changes discussed above is $1,103,040. Staff is satisfied that this is adequate reserve given the assumptions of cost and revenues above. Page 2

162 General Fund A large number of necessary changes to the General Fund have been accumulated since the beginning of the year, including various staffing changes, changes and additions to special events, and other unforeseen items. A summary of the changes is listed below: Personnel Cost Savings - $299,521. Includes salary savings from Recreation Superintendent and Town Clerk positions, contracting-out of janitorial services, and reduction of part-time wages in the Engineering Department. Appropriation of special event related costs - $128,356. Includes Flavors of Colorado event cost, Highline Phase II & III and 2015 WASC advertising. Funding of Wildridge Fire Station Wildland Fire Module - $61,100. Branding and related Logo costs for design and priority products, such as stationery - $38,500. Barracuda Archiver - $14,688. Holiday Lights - $30,000. HVAC Contracts and Buildings and Facility Costs - $51,980. Village (at Avon) Add-on Retail Sales Fee Revenues - $625,000. Decrease in General Fund Subsidy to Transit - $82,000. Delay to 2015 External Community Survey - $15,000. Increase Transfers-Out to Capital Projects Fund to Fund new and revised 2014 Projects - $700,000. The net result of the above changes to the current net source (use) of funds creates a current year deficit of $75,731. However, because of the large increase in the General Fund beginning fund balance of $707,109 due to the surplus in 2013, the estimated ending fund balance is $624,944 greater than originally anticipated. After making revisions to the various assignments of fund balance based upon appropriations for special events and other items, the General Fund stabilization balance, which represents funds over and above the required 25% minimum fund balance, is increased by $553,612 to a total of $672,078. Page 3

163 Transit Enterprise Fund Revisions to the Transit Fund include the following: Remove $82,000 subsidy from the General Fund for the 20% match on bus. Fund Balance Reserves have been accumulated for this purpose. Reduce capital outlay for new bus from $410,000 to $120,000 to purchase a smaller bus versus the larger buses purchased in recent years. This will also reduce FTA grant funds from $328,000 to $96,000 resulting in a net cost saving to the Town of $24,000. Add I-70 Regional Transportation Facility maintenance costs that were not included in the original budget - $11,987 Various Personnel Savings - $13,800 Revise Beginning Fund Balance based on audit results - $24,669 The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $2,482 increase to the estimated Ending Fund Balance. Water Fund Revisions to the Water Fund include the following: Add tap fees for Wyndham project originally budget for in 2013 but not received until $232,000; Add $253,535 to operating Transfers-Out for carryover of the Nottingham Lake Liner project ($139,535), the Pumphouse Pump Replacement ($100,000) and Nottingham Park Athletic Field Drainage Improvements ($14,000); Eliminate Ditch Maintenance Contract Complete in-house - $40,000 The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $1,604 decrease to the estimated Ending Fund Balance. Attachments: Capital Projects Fund Supplemental Amendment No. 2 General Fund Supplemental Amendment No. 1 Transit Fund Supplemental Amendment No. 1 Water Fund Supplemental Amendment No. 1 Page 4

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176 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: May 8, 2014 Agenda Topic: West Avon Preserve Trails Proposal INTRODUCTION: At Town Council s April 22, 2014, meeting, several members of the Vail Valley Mountain Bike Association (VVMBA), Eagle Valley Land Trust (EVLT), and members of the public were present and voiced support for expanded mountain bike trail development in the West Avon Preserve*. Council provided direction to staff, based upon the comment, to proceed with a bid proposal for approximately 6.5 miles of trails to be machine built this spring. Council also asked for a comprehensive public outreach program, prior to expected action on the trails at the May 13 th meeting, be conducted. PUBLIC OUTREACH: Town Staff organized several outreach tactics to get public input on the new trail proposal. Outreach included: Three (3) open houses were held May 6, Town Hall with PZC; May 7, Wildridge Fire Station; and May 10, Wildridge Fire Station. The VMS board was placed on Metcalf Road for Open House awareness. Advertisements were run in the Vail Daily. Vail Daily Community Calendar listing. Press Release sent to the A list and Vail Daily. Trail Map and advertisement at Recreation Center, Town Hall, Library and trailheads. Event dates on calendar. PSAs on Radio Free Minturn and KZYR. The public Open Houses, held on May 6 th and 7th, yielded a great number of supportive comments for the mountain bike trails as well as concerns with the proposed trail network. In response to the first two Open Houses, the trail proposal was revised from the proposal, which Council reviewed, to respect and respond to the comments. There was a general consensus to maintain separation between casual trail users and mountain bikers, where possible. Working together at the May 7 th meeting, in Wildridge, an opportunity to create a mountain bike dominant loop was seen as a method to reduce mountain biking in the current casual areas near Beaver Point. Removal of a flow trail in that area as well would benefit hikers/walkers. Staff has also recognized that allowing Beaver Creek Point to remain as is and be a hiking only trail, would result in the elimination of the Beaver Creek Point improvements since the proposed trail change would result in limited use of the trail for mountain bikers (a short out and back) an outcome supported by public comments. WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 1 OF 4

177 Attachment A outlines the conceptual and comprehensive multi use trail plan prepared by VVMBA, from the meeting comments. The attachment includes Beaver Creek improvements, even though Staff is recommending no machine built improvements to that section. A more detailed, refined trail plan will be presented to Council on May 13, 2014, based on public comments received. A summary of oral comments received are attached for your review (Attachment D); the comments from Saturday s Open House will be presented at the May 13 th Council meeting. CONSTRUCTION PROPOSAL: Attachment B is the construction Proposal from Momentum Trail Concepts, a company that specializes in trail construction ( The attached proposal is for the trails identified at Council s April 22 nd meeting at a cost of $95,000; however, after the initial Open Houses, there was support to remove one of the two family flow trails, which lowered the total cost, to design build the trails for $86,750. The elimination of Beaver Creek Point improvements is an additional savings of $5,000, netting a total contractor cost of $81,750. The project would take approximately 12 weeks, and could commence as soon as June 1 st. FUNDING: Town staff has been in contact with Eagle County Staff and believe the County will be amenable to transferring the balance from a grant received for the Saddleridge Trail, which has been completed with volunteers, to trail construction of approved trails in the West Avon Preserve. The balance is $12,450, after expenditures for signage. There are several options for funding and constructing the balance of contractor proposal costs: New Town funds can be appropriated by the Town Council. There are generous grant opportunities available from the Colorado State Recreational Trails Grant Program for both planning and trail construction, with award amounts available for the total estimate from Momentum and greater ($200,000). A local 30% match (10% must be cash) is required. The earliest funding award would be for 2015 construction. Deadline for submittal of this grant is in November, 2014 for 2015 construction. The VVMBA can also continue to construct the trails by volunteers for little cost but it could take longer to complete the vision. A combination volunteer, grant funded, and Town funded program can also be considered. DISCUSSION & OPTIONS: Staff sees the opportunity for West Avon Preserve trail development to meet a number of important objectives for the Town, including development of a recreational amenity which provides for healthy activity and, if several trails are approved at different ability levels, the establishment of a notable mountain bike and hiking place for residents and tourists. At the same time, there has been a significant amount of public input regarding this proposed trail network and concerns with the rapid nature of the outreach process. Possible options include, but are not limited to: Option 1 WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 2 OF 4

178 Approve a Professional Services Agreement (PSA) with Momentum Trail Concepts for construction of Playground Way, Easy Loop, ASC Loop, and Lees Way trails on the West Avon Preserve, in an amount not to exceed $81,750, subject to the following conditions: 1. Appropriation of the $12,450 County grant to the project and new funds of $69,300 from the Capital Projects Fund. 2. Approval by EVLT** of trails prior to construction. 3. An Amendment to Recreational Trails Master Plan be processed. Option 2 Delay action to a later date to gather more information, update of the Recreational Trails Master Plan, approvals of the trails by the EVLT, and time for staff to apply for funding Colorado State Recreational Trails Grant Program, Eagle County Community Enhancement funds, Great Outdoors Colorado, or others. STAFF RECOMMENDATION: Based on the direction received at the April 22, 2014, and considering public comments received over the past two weeks, Staff recommends the following: 1. Appropriation of up to $69,300 in new monies from the Capital Projects Fund, and $12,450 Eagle County Trails Grant Funds, for a total of $81,750) for trail construction by Momentum Trail Concepts for Playground Way, Easy Loop, ASC Loop, and Lees Way trails. a. The elimination of.5 mile of flow trails at a cost of $8,250. b. Allow Beaver Creek Point to remain as is and be a hiking only trail. The elimination of the Beaver Creek Point improvements recognizes the limited use of the trail for mountain bikers (a short out and back) and comments by the public to reduce improvements in the area. This is a savings in the Proposal of $5, Retain the existing social trail network on the upper bench of the property adjacent to Beaver Creek Point and Saddleridge Loop Road as is for hiking use. 3. EVLT must approve all trail alignments prior to construction. 4. Amendment to Recreational Trails Master Plan will be processed. 5. Trail stewardship and enforcement, and emergency rescue programs be developed by Staff, with appropriate agencies as needed, and be developed, implemented and funding in the Town of Avon budget RECOMMENDED COUNCIL MOTION: If Council concurs with the Staff Recommendation, an appropriate motion would be: I move to authorize the Town Manager to execute a Professional Services Agreement with Momentum Trail Concepts in an amount not to exceed $81, 750 for trail construction of Playground Way, Easy Loop, ASC Loop, and Lees Way in the West Avon Preserve. The PSA will include the following conditions: 1. Construction must commence and be completed in 2014; 2. Prior to construction, the Eagle Valley Land Trust shall approve all trails. Funds in the amount of $69,300 are approved from the Capital Projects Fund Contingency line item, with $12,450 being allocated from the Eagle County grant, if approved by the Board of Commissioners. WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 3 OF 4

179 In addition, the Town staff shall prepare an Amendment to the Recreational Trails Master Plan as soon as possible for Town Council action, and the Town Manager shall develop a budget for stewardship enforcement, trail maintenance and emergency rescue needs, if any. *WEST AVON PRESERVE TRAIL BACKGROUND: The West Avon Preserve is a 478 acre open space parcel recently obtained by the Town of Avon. The Vail Valley Mountain Bike Association (VVMBA) is a local volunteer group that is in the process of constructing mountain bike trails in the West Avon Preserve. They completed the Avon Singletree connector trail (ASC) last year and are currently constructing the Saddleridge trail that will connect from the ASC to Beaver Creek Point in Wildridge. Last year, the Town, in partnership with VVMBA, received a $15,450 grant from Eagle County to complete the Saddleridge Trail, including monies for construction of the trail and trailhead signage. The Town has budgeted $10,000 for trailhead parking on Nottingham Road. Since the grant application, VVMA has nearly completed the trail without construction assistance and is requesting the Town and Eagle County transfer the grant monies from construction to preparing a master plan for the mountain bike trails in the West Avon Preserve and Wildridge. **EVLT TRAIL LOCATION APPROVAL: Presenting the mountain bike trails plan to the public is an important step prior to approval and funding. The trail locations must be approved by both the Town and the EVLT, the holder of the conservation easement on the property. The request to EVLT would be to modify the Management Plan, the guiding management document in place. In previous meetings, the EVLT has been positive about constructing more multi use trails as long as the trails are sustainable, respectful, and responsive to the natural resources (i.e. riparian areas identified during the land trade). ATTACHMENTS: A Trail Map provided by VVMBA B VVMBA Momentum Trail Concepts proposal, Spring 2014 C Written Public Comments D Summary of Public Comments received at Tuesday/Wednesday Open Houses WEST AVON PRESERVE TRAIL CONSTRUCTION PROPOSAL PAGE 4 OF 4

180 A Attachment B 5/8/14 Revised Trail Map

181 Attachment B Hay Meadow Trail Project P r o p o s a l West Avon Preserve Trails Project Spring 2014 Proposal Submitted to Town of Avon c/o Justin Hildreth, Town Engineer by Momentum Trail Concepts, LLC

182 Attachment B PROJECT Overview Together with the town of Avon, Momentum Trail Concepts endeavors to construct approximately 7-1/2 miles of trail in the West Avon Preserve area. Several unique trail experiences will be created, including: Easy Loop $16,500 Approximately 1 mile in length and located adjacent to the Wildridge neighborhood, this trail will serve as an introduction to mountain biking. Overall trail width and grade will be suited to the beginner rider, while wide-radius turns will ensure a comfortable experience for riders of all levels. Playground Way $16,500 This trail will begin at the playground in Wildridge and end at the Easy Loop. Also gentle in grade, this approximately 1-mile trail will serve to connect users and residents from Lee s Way to the Easy Loop, Beaver Creek Overlook, and Masher. Beaver Creek Overlook $5,000 An existing, bi-directional double track route, Momentum Trail Concepts will re-align this route to improve safety, slow rider speeds, and better address drainage issues. ASC Loop $8,250 Located near the eastern end of the Avon-Singletree Connector trail, this half-mile trail will allow users to have a shorter trail experience without the rigors associated with some of the climbs on the existing trail. West Avon Preserve Trails Project Spring 2014 Proposal

183 Attachment B Flow Trails $16,500 These short sections of trail (approximately 1/2-mile each) located in the middle of the Easy Loop and ASC Loop will serve users seeking to train on one particular trail for multiple laps. Designed to entertain and challenge, they will consist of banked turns, jumps, and rollers. These additions will prove popular with kids and young adults. Lee s Way Down $33,000 Approximately 2 miles in length, this unidirectional trail will begin at the terminus of the Beaver Creek Overlook Trail and end at the eastern portion of the Avon-Singletree Connector Trail. Masher has the potential to become the signature trail in the parcel featuring banked turns and rolling grade reversals to both enhance user experience and aid in sustainability. Trail Specifications Proposed Construction Specifications Single track trails constructed for this project will average between inches in width. Soil and vegetation will be cleared from the trail, exposing mineral soil underneath. Tread will require a minimal 5% outslope to facilitate drainage, along with the wide dispersal of removed soil onto downhill side. Final preparation of trail will involve the smoothing and/or compaction of exposed mineral soil to a reasonable standard. Exposed roots and stone need not be removed. Further stone may be used to denote trail line and corral users onto correct trail line. West Avon Preserve Trails Project Spring 2014 Proposal

184 Attachment B Proposed Construction Specifications (con t) Where necessary, constructed trail will be used in conjunction with full bench construction or other recognized trail construction techniques dependent on slope and ground conditions. It is anticipated that several features will be added to improve user experience on this trail, including berms, rollers, and beginner-level jumps. Statement of Qualifications Momentum Trail Concepts is ably qualified to undertake this project and provide a trail product of the highest quality. We have multiple examples of this type of work in our resume as recently as our work on the Hay Maker and Pool and Ice trails in Eagle County in 2013, in Chile in 2012 and 2013, and dating back to 2005 with our help in constructing the World Cup cross country track in Angel Fire, NM. Additionally, we constructed more than 5 miles of cross country trails at the SolVista Bike Park in Granby, CO from Please feel free to consult our website for examples of our work at References are available upon request. West Avon Preserve Trails Project Spring 2014 Proposal

185 Attachment B Work Schedule and Costs Schedule Momentum Trail Concepts estimates construction time for this project will take approximately 12 weeks. Although we have existing commitments for 2014, with sufficient advance notice we can be available to begin as early as June 1, Costs Momentum Trail Concepts submits a bid of $95,000 for the entirety of this project; including design, construction, lodging, fuel, and equipment rental. We request a 1/3 deposit upon execution of the contract, 1/3 payment upon 50% completion, and 1/3 payment upon full completion to the town s satisfaction. Local Volunteers Momentum Trail Concepts understands Avon has an incredibly strong biking population with a well-earned reputation for doing great trail work and being stewards of the land. It is understood we ll work closely with members of the VVMBA to make a great trail riding experience for riders of all abilities. West Avon Preserve Trails Project Spring 2014 Proposal

186 West Avon Preserve Trails Plan Summary of Public Comments/Questions received at May 6 & May 7 Open Houses Attachment C Questions Is this Grouse Sage habitat? Why are there no walking paths? Can this area be patrolled and effectively managed with more trails? What are the O&M costs after construction? Special events on the property? Will these trails connect to Berry Creek and Edwards eventually? Comments Walkers need to be at the table instead of only bikers Cigarettes are being found on the trails and this must be addressed Dog conflicts are a potential with more trails, and dogs are always off leash Examples of Successful multi use trail systems to review include Sedona, AZ, Boulder, and Eagle Signage and Education will be key to the success of these trails Easy Loop o This area is historically a hiking area and should not have bikes o Move away from private properties West Avon is a special place that must be protected Family Flow Track is at the heart of the preserve and should be a protected area. This is where dogs go now. Leave existing social trails on the upper bench between Beaver Creek Point and Saddleridge Loop pedestrian only as they have been used for years Dog waste is a major problem and more patrolling is needed These trails could result in more traffic Playground Way should be moved further away from private properties Lees Way o There should be a pedestrian option if possible and not restricted solely to bikes o Could this be rerouted to avoid user conflict? Sewer line adjacent to June Creek is already a trail used frequently and adding another trail in same vicinity does not make sense These trails will improve property values Resource concerns with Blue Grouse habitat Dept. of Agriculture has acknowledged the abundance of flora on this particular property Fences to help divert and control users creating their own trails might be consideration The process seems rushed compared to land exchange process which took years Examples of proposed signage should be added to the website for review. Speckled Hound has looked at the property for potential running race given the terrain Comments (not directly related to Trails) Wildfire mitigation must be addressed with or without this effort Cycle cross race has been considered in Nottingham Park not in West Avon Page 1 of 1

187 Attachment D

188 Attachment D Matt Pielsticker From: Sent: To: Subject: Dosch, Thomas (ICA) <tom.dosch@investmentcenters.com> Tuesday, May 06, :37 AM Matt Pielsticker West Avon Preserve trails 1

189 Attachment D Matt Pielsticker From: Sent: To: Subject: Jim Horan <Vailmtneer@comcast.net> Thursday, May 08, :05 AM Rich Carroll ; Matt Pielsticker Avon West Preserve Trails Plan 1

190 Attachment D Matt Pielsticker Subject: Attachments: FW: Preserve Trails trail.jpg From: Lisa and Doug Currey [mailto:douglisaj@yahoo.com] Sent: Thursday, May 08, :35 AM To: Matt Pielsticker Subject: Re: Preserve Trails Thanks Matt, Part of the easy loop got closer to the 5 homes of the Beaver Creek Pt HOA (2001 thru 2019 Beaver Creek Pt). That part would put it up along a small ridge that would be in view of the west facing homes. It's requested that that section be moved further SW, down the ridge some, as in the attached drawing. Thanks, Doug Currey Matt Pielsticker, AICP Planning Manager Community Development Town of Avon mpielsticker@avon.org From: Lisa and Doug Currey [mailto:douglisaj@yahoo.com] Sent: Thursday, May 08, :57 AM To: Matt Pielsticker Subject: Preserve Trails There was a promise last night for a quick turnaround on a revised trail plan to be online at the Avon website. When and where will we be able to see it? Thx, Doug Currey 1

191 Attachment D Matt Pielsticker Subject: FW: Avon West Preserve Trails Plan 1

192 Attachment D Matt Pielsticker From: Sent: To: Cc: Subject: Attachments: Tim Halbakken <tim@braunassociates.com> Thursday, May 08, :56 PM Matt Pielsticker 'timothy halbakken' Tim Halbakken comment on trails possible solutions.pdf; possible solutions.jpg Matt, Thanks for all your work on this. I am sure you will be receiving a lot of s regarding this, so I ll try to keep it to the point and hopefully useful. I have marked up some maps and attached them, probably best to look at while reading this. I have lived in Wildridge full time for 9.5 years and have a 6 year old son, a wife and 2 dogs. I am a mountain bike enthusiast and strongly support the development of new trails in the West Avon Preserve. Additionally, I work as a Landscape Architect and Planner (working with Pedro on Post blvd and transportation facility) and have background in multi-use trail design. As I opined at last nights open house, I was super excited to see the family flow section at the point, however, I now agree w/ a number of those that voiced their opinion against the proposed location of this and the green loop. The point really is a special place and I don t think enough thought has gone into how the trails would work up there. I believe that leaving the point area as unchanged as possible is the path of least resistance for approval and will result in less confrontations in the future (there are A LOT of bad hikers that frequent the point). I believe having one defined access point through the point area will best serve all users and I think a family flow area on and near the saddle ridge start is possible. As for a beginner loop, you can already ride on all of the trails, I just don t think it s a great idea to promote it (6 car parking lot etc.) I have attached a jpg and pdf of some ideas that I have for possible solutions for compromise that should make the majority of people happy. I hope you have the time to look these over and please ask me questions if you have any. Reply to all on this as I will be out of the office tomorrow. Other comments: -Except for lee s way, all trails should be two way. -Need to promote Avon, not Wildridge as the best access to trail network. -Really excited to have beginner and some flow trails to ride with my son -for the next public meeting, maybe consider breaking up the group, a lot was said by few people at last nights open house. Could be one area w/ the trails experts, one w/ process experts, one w/ con easement experts. Hey, thanks again for all your work, hope to see you out on the trails soon, Tim Halbakken Braun Associates, Inc. 225 Main Street, Suite G-2 Edwards, CO (970)

193 Attachment D Attachment D

194 Attachment D Avon Town Council, I have been a resident of Avon/Wildridge since 1996 and work full time in the town of Avon. I would like to voice my support for the proposed trails on the West Avon Preserve. I am a trail enthusiast (hiker, dog walker, volunteer trail builder and mountain biker). I am a father of 18 month old twins. I would very much like to see this area as a place where I can watch my children grow and develop skills. These skills would not be limited to hiking or mountain biking but also as active members of a community. The trail system provides opportunity for growth as a community member, volunteer, and advocate for the responsible use of mixed trails. As a parent of young children, the one mile easy loop would be a great place to take a stroller on an improved path. The one mile easy loop would provide an area for my children to learn to ride without the use of asphalt in a place they are familiar with. The proposed family flow trails would give them an opportunity to progress without an overwhelming jump to difficult trails. The interaction with other children and beginners doing the same would be extremely beneficial. This would all accessible from my front door. As a trail user, the ASI connector trail and the Saddleridge Trail have already opened up Avon for me. I have used the Saddleridge trail on my commute to work. I have enjoyed a meal at the Northside Café after a nice ride. During the mud season, I am excited about an improved trail for walking my dog or as mentioned above taking the kids for a stroll. Lee s Way trail would make for an incredible loop. I could ride up Saddleridge or Masher and down Lee s during my lunch break. As a volunteer working on the Saddleridge Trail, I have encountered a great deal of appreciation from hikers and mountain bikers alike. Masher, Wild West Ridge, Beaver Creek Overlook and other proposed trails all add to a great variety of trail and trail use choices. Some replace or improve dangerous rouge trails and will focus use on approved sustainable trails. I personally appreciate the great deal of work that has already gone into this project and would love to see the additional trails completed. Cody Wyse Also supported by my family: Jonna Wyse, Althea Wyse and Peter Wyse.

195 Attachment D Matt Pielsticker From: Sent: To: Subject: Peter Warren <pgwarren@comcast.net> Thursday, May 08, :14 PM Rich Carroll ; Matt Pielsticker West Avon Open Space Trails Proposal Rich and Matt I hope to attend the Saturday PM meeting regarding the proposed trail expansion plan. As a Wildridge resident, I was pleased to see the land swap successfully conclude and continue to enjoy a limited amount of this open space as one of a number of dog walkers in our neighborhood. During our 12 years of home ownership in Wildridge, most all the activity I ve seen across this land has been dog walkers the vast majority of folks being neighborhood residents. There are a few mountain biking residents as well. While deer and coyotes are seen infrequently, we ve yet to see any evidence of elk activity. In the spirit of welcoming further use of these natural resources, I have some concerns that I hope might be addressed on Saturday. It appears the Vail Valley Mountain Bike Association is a driving force for the proposed trail expansion. I d like to know more regarding the following: Overall projected investments for trail expansion. Sources of funds and amounts. Anticipated additional investments (rest rooms, parking, etc.). Size of the VVMBA membership. Percentage of members who are Avon residents. Forecasted usage by VVMBA (times of the year, weekend vs mid week use, average number of users/day, any special events, etc.). Projected impact on the Beaver Creek Point parking capacity. In essence, what the investments are for the Town, what s our return /benefits, what the usage impact might be compared to the current, rather minimal use and impact on the open space, and where this all may be headed in the future. I trust most of the above are well understood by the planning community and can be shared and communicated prior to any decisions being finalized. Thanks for your consideration and I look forward to seeing you and others on Saturday. Best regards, Peter Warren 1

196 Attachment D

197 Attachment D Matt Pielsticker From: Sent: To: Subject: Grant Smith <gsmith@ranelson.com> Thursday, May 08, :07 PM Rich Carroll; Dave Dantas; Buz Reynolds; Chris Evans; Jennie Fancher; Jake Wolf; Matt Pielsticker Wildridge Trails - West Avon Preserve Dear Avon Town Council, I would like to voice my support for the proposed Wildridge Trail System that has been subject to recent discussion and public input. As an Avon homeowner, avid mountain biker and trail runner I believe this plan to be a positive addition to our community in a multitude of ways. This project is being organized and planned with the utmost respect for all stakeholders within the community and I believe it deserves the support of our Town Council. This is an opportunity for the Town of Avon to add a unique and positive asset to town that raises the profile of the town within the community and state as a destination place to enjoy the outdoors in a positive and well managed way. Thanks for your service to our Town and hope you listen to the community as I believe there is overwhelming support for this project. Grant Smith LEED AP Project Manager Fax Office Cell gsmith@ranelson.com R.A. Nelson 51 Eagle Road #2 P.O. Drawer 5400 Avon, CO

198 Attachment D Matt Pielsticker From: Sent: To: Cc: Subject: scherpf911@aol.com Thursday, May 08, :47 PM Rich Carroll; Matt Pielsticker Lisa and Doug Currey; Scherpf911@aol.com; DeltaRetired@comcast.net Fw: Open Letter to the Town of Avon Officials Open Letter to the Town of Avon Officials From: scherpf911@aol.com Sent: Thursday, May 8, : 33 PM To: Scherpf911@aol.com My name is Dave Scherpf. Mary Ann and I live at 2001 Beaver Creek Point. I am the president of the 2001 Beaver Creek Point Homeowners Association. We have lived in our Wildridge home since it was built in 2001 and previously in states up and down the East Coast and Midwest. Colorado is simply the best with the Vail Valley having unsurpassed beauty. We are bikers (mountain, road, cruiser)and helped in the construction of the Wildridge/Singletree trail a couple of springs ago. We especially enjoy living next to and using the current trail system. Mary Ann and I attended the open house last evening at the Wildridge fire house. My initial thought was, what is the town of Avon thinking? The article in the 4/26 Vail Daily, town hall,and last night s meeting was, I believe, is the public s first exposure to the biker plan. The TOA is scheduled to have one more public meeting on 5/10 (mayor will not be attending) followed by a TOA decision meeting on 5/13. Apparently the VVMBA has been working the trail plan for some years. Translation: the bikers had years to plan and the public has had a few days to hear about the biker plan prior to the TOA decision date. This smacks of ramrodding the biker plan by the TOV and The VVMBA. Interestingly the public comment meetings are being held in the off season when many residents are out of town. I think it s fair to say that the TOA/VVMBA trail plan has been anything but transparent. I find this to be very unfortunate, had it been handled openly all groups could have contributed with a more favorable conclusion. In respect to the biker plan shared last evening, there were numerous pro and unresolved con comments. Personally I object to bringing in minibulldozers for building redundant 3 4 foot wide trails in the flat area. Why would TOV/VVMBA want to carve up a pristine flat area where trails already exist? Members of VVMBA commented that mountain bikers are not interested in unchallenging flat trails. How effective will the mini bulldozers be in carving out the severe down trails? We need to find more effective ways of dealing with people who abuse (smoking, fireworks, picking up after your dog) the trails. Signs are not always effective. I hope the TOA can find a way to make the trail system to work for all interest groups. I know it s not possible to make everyone happy, however the TOA can do better. Sincerely, Mary Ann & David Scherpf 1

199 Attachment D P.O. Box Beaver Creek Point Avon, CO (970)

200 Attachment D Matt Pielsticker From: Sent: To: Cc: Subject: Mark Luzar <doskiwme@yahoo.com> Thursday, May 08, :09 PM Rich Carroll; Dave Dantas; Buz Reynolds; Chris Evans; Jennie Fancher; Jake Wolf; Matt Pielsticker Casey Wyse; Jamie Malin; John M; Kathleen Sedillo; Peter Geyer; Lee Rimel Avon Multi-Use Trail Advocate Dear Avon Town Councilors and Managers, I am writing this mail to voice my total support and continued hands-on work for the multi-use and mountain bike trails that have been proposed, that have been constructed and that are currently under construction in Avon. These trails will add to the enjoyment of our local residents as well as draw more tourists to our valley in the spring and fall months. These specific Avon trails will add to our economy during the "off" seasons as they face south and thus are open for one or two months longer than the north facing trails. I believe our long term goal must be to become a better spring, summer and fall tourist destination. These new trails will draw people to our valley and will improve our off-season economy. As you are aware, other ski towns that have developed large and sustainable off-season trail systems over the past years have proven they can generate nearly as much and even more tourist revenue in the off-season as compared to ski season. The new Avon trails are being designed and will be built using all the knowledge gained from the other areas to guarantee long term sustainability. The designs also ensure a minimum of environmental impact and have minimum visibility from neighborhoods and roads. We are working closely with all the land managers and are using all of the most current techniques and methods. I understand that there are those who object to the new trails proposal for various reasons. However, as stewards for the Avon economy, I am sure you understand that we need a level of sustainable growth. These trails will benefit our community and our economy and will have an absolute minimum of environmental impact compared to any other method of growing our economy. It is clearly documented over multiple communities and over multiple years and that well designed and managed multi-use trail systems offer significant payback in tourist revenue. I am a property owner, small business owner and on/off resident of Avon since I am a permanent resident since I am a member of Vail Valley Mountain Bike Association and an active trail user and builder. Please give your support to our Avon trail proposals and thus help grow our economy and make our valley an even more pleasant place to live. Respectfully, Mark Luzar & Pegasus Rumaine 148 Deer Blvd Avon, CO 1

201 PAGE 1 OF 3 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Susan Fairweather, Director of Economic Initiatives Date: May 13, 2014 Work Session Topic: Town of Avon Branding: Presentation of Avon s Logo and Tagline Introduction On March 11, 2014, the Town Council reviewed and accepted the Avon Branding Platform - an internal document for use by the Town and stakeholders, which describes the essence of what Avon is and will serve to inform marketing and communications messages internally and externally. From this statement, Avon s Economic Development Advisory Committee (EDAC), advised by Avon s consultant group Origin Design & Communications, has crafted a new logo and tagline for Council s consideration and approval. EDAC, whose membership is provided below, is pleased to present the recommended Logo & Tagline, products developed through consensus of the group of several meetings and thoughtful conversations. Logo The new Logo is attached and described as follows: This modern, progressive and innovative design brings the elements of mountains and reflections into a simple word mark and graphic element. The shapes are angular, yet feature rounded corners that make an otherwise very contemporary typeface feel approachable and friendly. The graphic depicts a mountain reflected in Avon s river and lake but together create an enclosure that says community. The simplicity of the logo allows for the use of Colorado and a tagline where appropriate. The colors include a leaf green, water blue and a dark grey/brown that is strong, yet not as hard as pure black. The Logo will be used internally and externally as tool in developing the Town s identity as presented in the Brand Platform. It is the basis of the development of Avon s look, and those collateral pieces used by the Town to represent itself. Tagline: Endless Possibilities The consensus of the EDAC committee was to adopt the Tagline Endless Possibilities. The Tagline captures the essence of the Brand Characteristics and Story including: Characteristics: Entrepreneurial and energetic Optimistic and open to change Nature loving and adventurous Welcoming and engaging Complimentary and connected to its resort neighbors Progressive and ecologically aware Story descriptors: Intangible energy Promise and potential Optimism and openness to change

202 A community with initiative Undeniable passion of the people Enriched and diverse experiences Vibrant, genuine, progressive experiences The Avon tagline may be used with or without the logo and is subject to change if the environment in which it is used. An example might include an anniversary celebration or other special moment for the Town. Many entities change taglines yearly while others never change. A variety of logos and taglines were crafted and reviewed with Origin. The array of offerings is not included with this memo, but will be available at the meeting for review by the Town Council. Illustrative examples of the logo and tagline on stationery and fax documents are attached with this memorandum. Avon s Economic Development Committee Avon s Economic Development Advisory Committee (EDAC), has been the lead group in developing the Banding Platform and Logo &Tagline. The membership consists of: Chris Evans, Todd Goulding, Chris Romer Vail Valley Partnership, Danielle McNair Vail Resorts, James Deighan- Highline Entertainment, Jen Dean JD Design, Jerri Hoffmann Hoffmann Properties, Jorge Umana Meridian Intermountain, Kristen Pryor Westin Riverfront, Markian Feduschak Walking Mountains Science Center, Mike Brumbaugh Avon Venture Sports, Phil Struve - Avon Planning and Zoning Commissioner, Ross Iverson Vail Leadership Institute, Scotty Stoughton- WinterWonderGrass, Tim Baker Vail Resorts, and staff members Virginia Egger, Matt Pielsticker, Danita Dempsey and Susan Fairweather. A special thank you is given to each member for their inspiration, time, collaboration and attentive work in this process. Next Steps The Town of Avon contracted with Origin Design & Communications for a three step process, with funding approved for the first two steps: Step One. Brand Articulation Brand Platform accepted by Town Council on March 11, 2014 Step Two. Creative Development Logo & Tagline presented May 13, 2014 Step Three. Marketing Implementation Plan Origin, with the EDAC, now has completed Step Two. The work included: Presentation of four concepts of logo design Refinement of logos based on feedback from EDAC members/refinement of taglines for consideration Creative presentation of the Logo & Tagline options. Step Three: Marketing Implementation Plan If Council adopts the Logo and Tagline, Step Three is the Marketing Implementation Plan. This process will include: 1. Selection of Graphic Designer to further development of the adopted look in collateral materials. The estimated timeline for selecting a graphic designer is approximately 4 weeks. Origin and other qualified designers will be asked to bid on this work. 2. Establishment of Priority Collateral Items and assignment to Graphic Designer. Collateral materials will be prioritized on basis of public impact, e.g.; rollout for 2015 WASC and other highly visible public representations of the brand look. Collateral may include: PAGE 2 OF 3

203 Communications Set (Letterhead, Envelopes, Note Cards, Business Cards) Website Skin Street Banner Design Other design elements needed for immediate implementation such as Bus Logos Other design elements identified for future development and implementation. Newspaper Ad Template & Brochure (i.e., Creative Arts District) Design Standards Manual (internal and external use of developed brand elements) 3. Budget allocation for development and production of prioritized collateral items is estimated to range from $10,000 to $25,000. A $20,000 line item is recommended in the May 27 th General Fund Amendment for this work. Production of selected collateral items will be through bid or quote process established by the Town. The estimated timeline for design and deliverables will be established following the selection of the design firm. Staff Recommendation Staff recommends Town Council adoption, by motion and vote, of the new Logo & Tagline as presented. Attachments: Logo Logo with Tagline Example Stationery Example Fax Cover Sheet PAGE 3 OF 3

204 AVON LOGO Option 3 Colours

205 AVON LOGO Option 2 Colours

206 AVON LOGO Option 1 Colour Transparency

207 AVON LOGO Option 1 Colour Plain

208 AVON LOGO Option 1 Colour Plain White

209 AVON LOGO & TAGLINE Option B1 Endless Possibilities

210 Post Office Box 975 One Lake Street Avon, CO Fax TTY

211 5/7/2014 From: Susan Fairweather Phone: Fax: Company Name: Town of Avon To: Greg Johnson Phone: Fax: Company Name: ACME Grocery Store Comments: Sample Fax form example Urgent For Review Please Comment Please Reply Please Recycle

212 Post Office Box 975 One Lake Street Avon, CO Fax TTY

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216 H EIL L AW & PLANNING, LLC M EMORANDUM TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Lot 5 Restrictive Covenant Agreement DATE: May 8, 2014 SUMMARY: Traer Creek representatives contacted me several weeks ago to explain that two lenders to the project had expressed concerns about the potential for the Town of Avon to sell Lot 5, Filing 1, in the Village (at Avon). Lot 5 is the four acre public works facility property that was conveyed to the Town as a condition of the 1998 Annexation and Development Agreement. As one part of the settlement with Traer Creek the parties have sought subordination agreements from various lenders, including Royal Bank of Scotland and Laramie Participations, Inc. The lender subordinations are for the purpose of releasing deeds of trusts from properties to be conveyed to the Town and the Upper Eagle River Water Authority and for the purpose of securing lenders consents to the new Development Agreement. BNP Paribas also requires lender subordinations as a condition of re-financing the Traer Creek Metropolitan District bonds. Attached are letters from Royal Bank of Scotland and Laramie Participations, Inc., describing their concerns and requirements related to Lot 5. Traer Creek initially requested an amendment to the Development Agreement to reinsert language regarding the use and ownership of Lot 5 as stated in the 1998 Development Agreement. However, due to the cumbersome procedures for amending the Development Agreement the use of a Restrictive Covenant Agreement was deemed more efficient. Lot 5 was conveyed by a simple deed without any restrictions. The existing PUD Guide designates Lot 5 for commercial use whereas the new PUD Guide to be effective upon settlement designates Lot 5 as a Public Facility which may only be used by governmental entities for governmental purposes. The 1998 Development Agreement stated the public works land dedication obligation in Section 4.3(d) as follows: (d) When required for actual use by the Town, or earlier if determined by Owner or the applicable District, Owner or the Districts shall convey to the Town one or more parcels of land south of Interstate 70 (up to a maximum of three (3) parcels, the actual number of which shall be designated by the Town within ninety (90) days after request from Owner or the applicable District to do so) aggregating approximately four (4) buildable acres, provided that no such parcel shall be larger than two (2) buildable acres, the locations of which shall be designated by Owner or the applicable District, to be used exclusively for the Town's construction and operation of a public works facility and fire station (collectively, the "Public Works Dedication"). [emphasis added] Restrictive Covenant Agreement: The attached Resolution No approves a Restrictive Covenant Agreement Concerning Lot 5 which restricts the ownership of Lot 5 to the Town of Avon during the term of the new Development Agreement and restricts leases to 6 year terms. The Restrictive Covenant Agreement Concerning Lot 5 only takes effect if the settlement is finalized. REQUESTED ACTION: Consideration of Resolution No Thank you, Eric Attachments: Resolution No with Restrictive Covenant Agreement Letters from Royal Bank of Scotland and Laramie Participations, Inc. Heil Law & Planning, LLC Office: South Colorado Blvd., Suite 550 Fax: Denver, CO eric@heillaw.com