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TC Council Packet 12-08-2015 REVISED TA,C OWN OF VON OLORADO AMT,D8,2015 T OWN OF VON EETINGSFOR UESDAY ECEMBER ALAMB5:00 VON IQUOR UTHORITY EETING EGINS AT PM AURAMB5:05 VON RBAN ENEWAL UTHORITY EETING EGINS AT PM RMB5:10 EGULAR EETING EGINS AT PM ATH,OLS VON OWN ALL NE AKE TREET ALLAMB5:00(SSAP3) VON IQUOR ICENSING UTHORITY EETING EGINS AT PM EE EPARATE GENDA AGE AURAMB5:05 (SSA) VON RBAN ENEWAL UTHORITY EETING EGINS AT PM EE EPARATE GENDA RMB5:10 EGULAR EETING EGINS AT PM 1.CO&RC ALL TO RDER OLL ALL 2.AA PPROVAL OF GENDA C–CWILA 3.P UBLIC OMMENT OMMENTS ARE ELCOME ON TEMS NOT ISTED ON THE FOLLOWING GENDA 4.WS ORK ESSION 4.1.FCRT,FBR&D(TMJF) ISCAL ONDITIONS EPORT ON AXES UND ALANCE ESERVES EBT OWN AYOR ENNIE ANCHER 5.AI CTION TEMS 5.1 PH–A2015FRB,2016OB,2016 UBLIC EARINGS DOPTION OF THE INAL EVISED UDGETS PERATING UDGETS CPFB&L-RCP APITAL ROJECTS UND UDGET ONGANGE APITAL ROGRAM 5.1.1RN.15-22,RA2015TAOF ESOLUTION O ESOLUTION TO MEND THE OWN OF VON PERATING UNDS B(BAKH) UDGETS UDGET NALYST ELLY UITT 5.1.2RN.15-23,RA2016TAOF ESOLUTION O ESOLUTION TO DOPT THE OWN OF VON PERATING UNDS B(BAKH) UDGETS UDGET NALYST ELLY UITT 5.1.3RN.15-24,RA2015TACPF ESOLUTION O ESOLUTION TO MEND THE OWN OF VON APITAL ROJECTS UND (BAKH) BUDGET UDGET NALYST ELLY UITT 5.1.4R.15-25,RATAL-RCP ESOLUTION NO ESOLUTION TO DOPT THE OWN OF VON ONGANGE APITAL ROGRAM SA2016CPFB AND IMULTANEOUSLY DOPT THE APITAL ROJECTS UND UDGET (BAKH) UDGET NALYST ELLY UITT 5.1.5RN.15-26,S2015,RLGPT ESOLUTION O ERIES OF ESOLUTION EVYING ENERAL ROPERTY AXES FOR THE Y2015,GTA,C, EAR TO HELP DEFRAY THE COSTS OF OVERNMENT FOR THE OWN OF VONOLORADO FOR 2016BY(BAKH) THE UDGET EAR UDGET NALYST ELLY UITT 5.1.6RN.15-27,S2015,RLGPT ESOLUTION O ERIES OF ESOLUTION EVYING ENERAL ROPERTY AXES FOR THE Y2015,GTAG EAR TO HELP DEFRAY THE COSTS OF OVERNMENT FOR THE OWN OF VON ENERAL IDN.1,A,C2016BY MPROVEMENT ISTRICT O VON OLORADO FOR THE UDGET EAR (BAKH) UDGET NALYST ELLY UITT 5.2AATMPSA CTION TO UTHORIZE THE OWN ANAGER TO EXECUTE A ROFESSIONAL ERVICES GREEMENT FOR THE DMWWEBCBW, ESIGN OF IKAELA AY AND THE EST AND AST EAVER REEK OULEVARDS FOR IMPROVED ALKABILITY BR,O-P,TVTL ICYCLE IDERSHIP NSTREET ARKINGRANSIT AND EHICULAR RAVEL ANES (PDMP&TEJH) LANNING IRECTOR ATT IELSTICKER OWN NGINEER USTIN ILDRETH 5.3RRASMBSFB EVIEW AND ECOMMENDED CTION TO ET A AXIMUM UILDING QUARE OOTAGE AND UDGET FOR THE PD’RPSFBCPO OLICE EPARTMENTS ELOCATION TO THE UBLIC AFETY ACILITY AT UCK REEK AND REFERRED PTION CPF,VAM3,2016 OF ERTIFICATES OF ARTICIPATION FOR UNDING SUBJECT TO OTER PPROVAL ON AY (TEJH&TMVE) OWN NGINEER USTIN ILDRETH OWN ANAGER IRGINIA GGER _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 1 TA,C OWN OF VON OLORADO AMFT,D8,2015 T OWN OF VON EETINGS OR UESDAY ECEMBER ALAMB5:00 VON IQUOR UTHORITY EETING EGINS AT PM AURAMB5:05 VON RBAN ENEWAL UTHORITY EETING EGINS AT PM RMB5:10 EGULAR EETING EGINS AT PM ATH,OLS VON OWN ALL NE AKE TREET 5.4RA SAIAJF- EVIEW AND CTION ON THE ECOND MENDMENT TO THE NTERGOVERNMENTAL GREEMENT FOR A OINT IRE PSFTAERFPD OLICE TATION ACILITY BETWEEN THE OWN OF VON AND THE AGLE IVER IRE ROTECTION ISTRICT (TAEH&TMVE) OWN TTORNEY RIC EIL OWN ANAGER IRGINIA GGER 5.5 PH SO15-09,I2015I UBLIC EARING ECOND READING OF RDINANCE MPLEMENTING THE NTERNATIONAL BUILDING C(CBOWG) ODES HIEF UILDING FFICIAL ILLEY RAY 5.6 PH SRON.15-12AEVR UBLIC EARING ECOND EADING OF RDINANCE O PPROVING AN XTENSION OF ESTED IGHTS RHPUD.NOTE:A FOR THE ED OUSE LANNED NIT EVELOPMENT PPLICANT HAS REQUESTED CONTINUATION TO J12,2016,RTCM(PDMP) THE ANUARY EGULAR OWN OUNCIL EETING LANNING IRECTOR ATT IELSTICKER 5.7 PH:SRO15-14,AOEC2.34 UBLIC EARING ECOND EADING OF RDINANCE N RDINANCE NACTING HAPTER QOCMAPAZCMTA UALIFICATIONS F OUNCIL EMBERS ND LANNING ND ONING OMMISSION EMBERS OF HE VON MC(TAEH) UNICIPAL ODEOWN TTORNEY RIC EIL 5.8RARF2016 CWE LD EVIEW AND CTION ON A EQUEST FOR UNDING FOR A REATIVE RITING VENT ON ABOR AY W(PDD) EEKEND RODUCER ON ONAHUE 5.9A2016RMS(TCDH) PPROVAL OF EGULAR EETING CHEDULE OWN LERK EBBIE OPPE 5.10AB,C,C(TCDH) PPOINTMENTS TO OARDS OMMISSIONS OMMITTEES OWN LERK EBBIE OPPE 5.11 CA ONSENT GENDA 5.11.1AIACE,S PPROVAL OF THE NTERGOVERNMENTAL GREEMENT BETWEEN THE OUNTY OF AGLE TATE OF C,TAACS(PCBT) OLORADO AND THE OWN OF VON FOR NIMAL ONTROL ERVICES OLICE HIEF OB ICER 5.11.2AN17,2015RMM(TCDH) PPROVAL OF OVEMBER EGULAR EETING INUTES OWN LERK EBBIE OPPE 6.WR RITTEN EPORTS 6.1.PDT-AAR(PCBT) OLICE EPARTMENT RINNUAL CTIVITY EPORT OLICE HIEF OB ICER 6.2.2015EYFR(PCBT) ND OF EAR ORFEITURE EPORT OLICE HIEF OB ICER 6.3.RBS(PDMP) EPORT ON LACKSMITH HOP LANNING IRECTOR ATT IELSTICKER 6.4.MF(BAKH) ONTHLY INANCIALS UDGET NALYST ELLY UITT 6.5.GR–2015ABPGBVIPTBCP IFT EPORTING UDI IRDS OF REY IFT AGS AND ICKETS AND EAVER REEK ARKING M(EATMPN) EDALLIONS XECUTIVE SSISTANT TO THE OWN ANAGER RESTON EILL 7.CMU:CM OMMITTEE EETING PDATES OUNCILORS AND AYOR 8.M&CC AYOR OUNCIL OMMENTS 9.ES-T XECUTIVE ESSION HIS SESSION IS NOT OPEN TO THE PUBLIC 9.1.CTAPRLAUC.R.S.§24-6- ONFERENCE WITH THE OWN TTORNEY FOR THE URPOSE OF ECEIVING EGAL DVICE NDER 402(2)(),CMSWST B ONCERNING THE OUNTAIN TAR ATER TORAGE ANK 9.2.FPPMN, OR THE URPOSE OF DETERMINING OSITIONS RELATIVE TO ATTERS THAT MAY BE SUBJECT TO EGOTIATIONS §24-624-6- DSN,/N,C.R.S. EVELOPING A TRATEGY FOR EGOTIATIONSANDOR INSTRUCTING EGOTIATORS UNDER 402(2)(e), PEVVF RELATED TO A OTENTIAL VENT HOSTED BY AIL ALLEY OUNDATION 10.AI CTION TEM 10.1.RAUEWA’RF EVIEW AND CTION ON THE PPER AGLE ATER UTHORITYS EQUEST FOR ADDITIONAL UNDING PDEMSWT ARTICIPATION FOR THEESIGN AND NGINEERING OF THE OUNTAIN TAR ATER ANKIN THE AMOUNT $56,260(TEJH) OF OWN NGINEER USTIN ILDRETH 11.A DJOURNMENT _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 2 TA,C OWN OF VON OLORADO AMFT,D8,2015 T OWN OF VON EETING OR UESDAY ECEMBER ALAMB5:00 VON IQUOR UTHORITY EETING EGINS AT PM ATH,OLS VON OWN ALL NE AKE TREET CORC ALL TO RDER AND OLL ALL 1.AA PPROVAL OF GENDA 2.PC UBLIC OMMENT 3.PHO UBLIC EARING FOR TRANSFER OF WNERSHIP 3.1.A:3DLLC PPLICANT RAGONS CO:CG,I. URRENT WNER HINA ARDEN NC A:100W.BCB. DDRESS EAVER REEK LVD NO:LS EW WNER ANA WEENEY T:HRL YPE OTEL AND ESTAURANT ICENSE 4.RLL ENEWAL OF IQUOR ICENSES 4.1.A:CB,I.//CB PPLICANT OLUMBINE AKERY NC DBA OLUMBINE AKERY L:51BCP OCATION EAVER REEK LACE T:HRL YPE OTEL AND ESTAURANT ICENSE M:DN ANAGER ANIEL IEDERHAUSER 4.2.A:N,LLC//LJ’ PPLICANT OVA ENTERTAINMENT DBA OADED OES :82E.BCB.#14 L OCATION EAVER REEK LVD T:TL YPEAVERN ICENSE M:KB ANAGER ENT EIDEL 5.MO17,2015 INUTES FROM CTOBER 6.A DJOURNMENT _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 3 ALLA R EPORT TO VON IQUOR ICENSING UTHORITY To: Avon Liquor Licensing Authority From: Debbie Hoppe, Town Clerk Date: December 1, 2015 Re: PUBLIC HEARING for 3 Dragons, Inc. d/b/a China Garden – Transfer of Ownership Application Town Council acting as the Local Liquor Licensing Authority is asked to consider the Transfer of Owner ship Application for a Hotel and Restaurant Liquor License as submitted by: Applicant: 3 Dragons LLC Current Owner: China Garden, Inc. Address: 100 W. Beaver Creek Blvd. New Owner: Lana Sweaney Type: Hotel and Restaurant License Background on Application: A transfer of ownership must be reported to and approved by the Local and State Licensing Authorities prior to any actual change of ownership. The applicable state and local license fees must accompany these applications. Both the state and town will issue new licenses for all transfers of ownership. The Town's LiquorCodestatesthat"theburdenofproofinanapplicationforthetransferofanexisting applicant." The Avon Town Council acting as the Local Liquor Licensing license shall be upon the Authority has the duty to conduct hearings and make findings of fact as to whether to grant or deny a license. The Town Clerk, Town Attorney and Police Department transfer of ownership on an existing handle the review of the liquor license applications administratively. In the case of a transfer of license, parties is completed and a public hearing is set. The applicant an investigation of the background of the may also apply for a temporary permit which allows an applicant for a transfer of ownership to operate the application. the establishment until the Authority considers The Liquor Code of Colorado provides that in making any decision, the Local Licensing Authority must consider the following before approving or denying the application: Facts and evidence resulting from the investigation and any facts brought to the attention • of the Authority. Any other pertinent matters affecting the qualifications of the applicant for the conduct of • the type of business proposed. Requests for licenses may be denied for various reasons such as the applicant is not of good moral character, the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is within 500 feet of any school. Transfer of Ownership China Garden Page 1 Discussion: The Town Clerk and Town Attorney have reviewed the application materials and the Avon Police have been completed the background checks on the principal of the company. The Department applicant applied for and received a temporary permit dated November6, 2015 that allows them to operate for 120 days until the transfer of ownership application has been approved. Public notices th . The applicant, Lana were posted and published ten (10) days prior to the hearing date of December 8 Sweaney, will be present for the hearing. been included in the packet are outlined as follows: The documents that have Colorado Liquor Retail License Application (DR8404) Diagram of Premises Lease between SM Property Holdings LLC and # Dragons, LLC Amended and Restated Promissory note Individual History Record and Memo from Avon Police Department Articles of Incorporation Certificate of Good Standing Operating Agreement Temporary Permit & Affidavit of Transfer and Statement of Compliance Financial Implications: The transfer of ownership application fees have been submitted to the Town of Avon and the State fees will be forwarded with the application materials upon Local Liquor Authority approval. Findings: A background investigation has been completed by the Avon Police Department and the report indicates Lana Sweaney was a passenger in a vehicle on 9/1/15, the driver was arrested for DUI, Lana Sweaney was too intoxicated to care for herself and was taken to Detox as she would not cooperate with Officers in releasing her to a sober party. On 09/05/2015, Lana Sweaney was arrested and released on Summons for Driving while alcohol impaired and driving without headlights. The Colorado Bureau of Investigation show a driving under the influence charge December 24, 2004 for Lana Sweaney. The reports indicate no concerns with Daniel Goldberg’s background. Action Options: Requests for licenses may be denied for various reasons such as the applicant is not of good moral character, the applicant’s character, record, or reputation is unsatisfactory, or the proposed outlet is within 500 feet of any school. Recommended Motion: I move to approve or deny the Transfer of Ownership Liquor License for 3 Dragons, LLC d/b/a China Garden. Transfer of Ownership China Garden Page 2 TA,C OWN OF VON OLORADO ALLAMMT,O27,2015 VON IQUOR ICENSING UTHORITY EETING INUTES FOR UESDAY CTOBER ATH,OLS VON OWN ALL NE AKE TREET 1.CORC ALL TO RDER AND OLL ALL Chairman Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Scott Prince, Matt Gennett and Jake Wolf. Buz Reynolds arrived at 5:01 p.m. Megan Burch was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe. 2.AA PPROVAL OF GENDA There were no changes to the agenda. 3.PC–C UBLIC OMMENT OMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments made. 4.RLL ENEWAL OF IQUOR ICENSES 4.1.Applicant: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines Location: 101 Fawcett Road Type: Retail Liquor Store License Manager: Peter Cuccia Board member Prince moved to approve the Retail Liquor Store License for Avon Properties Leasing, LLC d/b/a Village Warehouse Wines; Vice Chairman Wolf seconded the motion and it passes unanimously by those present. Board member Burch was absent. 4.2.Applicant: Blackstar, LLC d/b/a FOOD! by Marc Location: 137 Benchmark Road 4W Type: Hotel and Restaurant License Manager: Marc Rouse Vice Chairman Wolf moved to approve the Hotel and Restaurant License for Blackstar, LLC d/b/a FOOD! by Marc; Board member Prince the motion and it passes unanimously by those present. Board member Burch was absent. 4.3.Applicant: Fork & Knife, Inc. d/b/a Blue Plate Location: 48 E. Beaver Creek Blvd. Type: Hotel and Restaurant License Manager: Adam Roustom Vice Chairman Wolf moved to approve the Hotel & Restaurant License for Fork & Knife, Inc. d/b/a Blue Plate; Board Member Smith Hymes seconded the motion and it passes unanimously by those present. Board member Burch was absent. FINAL -LA 10-27-2015 Minutes Page 1 TA,C OWN OF VON OLORADO ALLAMMT,O27,2015 VON IQUOR ICENSING UTHORITY EETING INUTES FOR UESDAY CTOBER ATH,OLS VON OWN ALL NE AKE TREET 5.MO13,2015 INUTES FROM CTOBER Board member Reynolds moved to approve the Minutes from October 13, 2015; Vice Chairman Wolf seconded the motion and it passed unanimously by those present. Board member Burch was absent. 6.Adjournment There being no further business to come before the Board, the meeting adjourned at 5:03 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ Megan Burch ______________________________________ Albert “Buz” Reynolds ______________________________________ Scott Prince ______________________________________ Sarah Smith Hymes ______________________________________ FINAL -LA 10-27-2015 Minutes Page 2 TA,C OWN OF VON OLORADO AMT,D8,2015 T OWN OF VON EETING FOR UESDAY ECEMBER AURAMB5:05 VON RBAN ENEWAL UTHORITY EETING EGINS AT PM ATH,OLS VON OWN ALL NE AKE TREET AURAMB5:05 VON RBAN ENEWAL UTHORITY EETING EGINS AT PM 1.CO&RC ALL TO RDER OLL ALL 2.AA PPROVAL OF GENDA 3.PC–CWILA UBLIC OMMENT OMMENTS ARE ELCOME ON TEMS NOT ISTED ON THE FOLLOWING GENDA 4.AI CTION TEMS 4.1.PH-RN.15-03,RA2015AR UBLIC EARING ESOLUTION O ESOLUTION TO MEND THE VON URBAN ENEWAL AB(BK) UTHORITY UDGET UDGET ANALYST ELLY HUITT 4.2.PH-RN.15-04,RA2016AR UBLIC EARING ESOLUTION O ESOLUTION TO DOPT THE VON URBAN ENEWAL AB(BK) UTHORITY UDGET UDGET ANALYST ELLY HUITT 4.3.AN10,2015URAMM(TCDH) PPROVAL OF OVEMBER EETING INUTES OWN LERK EBBIE OPPE 5.A DJOURNMENT _____________________________________________________________________________________ MA&P:://..AATH,R,&L. EETING GENDAS ACKETS HTTPWWWAVONORG GENDAS ARE POSTED AT VON OWN ALL ECREATION CENTER IBRARY Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancherand Avon Town Council From: Kelly Huitt,Budget Analyst Date: November 30, 2015 Re: 2016Proposed and 2015Revised Budgets Summary: Attached are the final proposed and revised budgetresolutionsfor the Avon Urban Renewal Authority. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act. The Authority’s budgetsummaryisattached as an exhibit to this memorandum and is also included for informational purposes in the Town’s budget summary as a component unitof the Town. Public Hearing. At the Avon URA meeting onDecember 8, 2015a public hearing will be held for members of the publicto comment on the proposed 2016budget. Recommendation: Staff recommends that the Board adopt the resolutionsas presented. Exhibits and Attachments: Avon Urban Renewal Authority budget Resolution No. 15-03 Resolution No. 15-04 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 15-03 SERIES OF 2015 A RESOLUTION AMENDINGTHE 2015AVONURBAN RENEWAL AUTHORITY BUDGET WHEREAS , the Board of Commissioners of the Avon Urban Renewal Authorityhas previously adopted the 2015budget; WHEREAS , the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2015; WHEREAS , the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2015budget to more accurately reflect the revenues and expenditures for 2015; WHEREAS ,upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2015budget was open for inspection by the public at a designated place, a public hearing was held on December 8, 2015and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS ,whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY : Section 1 . That estimated revenuesand expenditures for the Avon Urban Renewal Authority are revised as follows for 2015: Original orCurrent Previously Proposed AmendedAmended 2015Budget2015Budget Avon Urban Renewal Authority Beginning Fund Balance$826,178$826,178 Revenues and Other Sources701,303752,217 Expenditures and Other Uses720,454720,454 Ending Fund Balance$807,027$857,941 Section 2 . That the budget, as submittedandamendedhereby is approved and adopted as the budget of the AvonUrban Renewal Authorityfor the year stated above. Section 3 . That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 8thday of December, 2015. AVON URBAN RENEWAL AUTHORITY ______________________________ Jennie Fancher, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Debbie Hoppe AuthorityClerk AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 15-04 SERIES OF 2015 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2016, AND ENDING ON THE LAST DAY OF DECEMBER, 2016. WHEREAS , the Board of Commissioners of the Avon Urban Renewal Authority has directed the Authority’s Executive Director/Secretary to prepare and submit a proposed budget for its consideration; WHEREAS ,Virginia Egger,Town Manager, has submitted a proposed budget to said governing body on October 13, 2015; WHEREAS , upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the publicat a designated place, a public hearing was held on December 8,2015and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS , whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVONURBAN RENEWAL AUTHORITY: Section 1 . That estimated revenues and expenditures forthe Avon Urban Renewal Authority are as follows for 2016: 2016 Proposed Budget Avon Urban Renewal Authority Beginning Fund Balance$857,941 Revenues and Other Sources1,058,667 Expenditures and Other Uses1,211,810 Ending Fund Balance$704,798 Section 2 . That the budget, as submitted, hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3 . That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. th ADOPTED this 8day of December, 2015. AVON URBAN RENEWAL AUTHORITY ______________________________ Jennie Fancher, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Debbie Hoppe,Authority Clerk A,C T OWN OF VON OLORADO MURAMN10,2015 INUTES FOR THE RBAN ENEWAL UTHORITY EETING FOR OVEMBER ATH,OLS VON OWN ALL NE AKE TREET 1.CO&RC ALL TO RDER OLL ALL Chairman Fancher called the meeting to order at 7:05 p.m. A roll call was taken and Authority members present were Jake Wolf, Buz Reynolds, Matt Gennett, Megan Burch, Scott Prince, and Sarah Smith Hymes. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Treasurer Scott Wright, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Authority Clerk Debbie Hoppe. 2.AA PPROVAL OF GENDA There were no changes to the agenda. C–CWILA 3.P UBLIC OMMENT OMMENTS ARE ELCOME ON TEMS NOT ISTED ON THE FOLLOWING GENDA No comments were made. 4.AI CTION TEMS N.15-01,AUATCWURP 4.1.R ESOLUTION O MENDING THE SES IN THE VON OWN ENTER EST RBAN ENEWAL LAN A(TAEH) REA OWN TTORNEY RIC EIL Authority member Burch moved to approve Resolution No. 15-01, A Resolution Adopting Minor Modifications to the Avon Town Center West Urban Renewal Plan; Authority member Reynolds seconded the motion and it passed unanimously by those present. 4.2.AO13,2015URAMM(TCDH) PPROVAL OF CTOBER EETING INUTES OWN LERK EBBIE OPPE Authority member Reynolds Minutes from October 13, 2015; Authority member moved to approve the Smith Hymes seconded the motion and it passed unanimously by those present. Authority member Gennett abstained. 5.A DJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 7:20 p.m. RESPECTFULLY SUBMITTED: ______________________________ Debbie Hoppe, Authority Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ ______________________________ Sarah Smith Hymes 3. FINAL -URA 11-10-2015 Minutes.docx Page 1 FCR: ISCAL ONDITIONS EPORT ,& TAXES FUND BALANCE RESERVES DEBT D2015 ECEMBER THIS REPORT HAS BEEN PREPARED AS A RESOURCE GUIDE FOR QUICK REFERENCE REGARDING TRENDS AND CURRENT LEVELS OF TOWN TAXES, FUND BALANCE/RESERVES & DEBT ISSUES. I.TAXES – THREE PRIMARY SOURCES: GENERAL PROPERTY, SALES & REAL ESTATE TRANSFER II.FUND BALANCE RESERVES III.DEBT I.TAXES: THREE PRIMARY SOURCES GENERAL PROPERTY, SALES & REAL ESTATE General Property, Sales and Real Estate Transfer Taxes provide 90% of the Town’s revenues. This diversity of major tax revenue streams is important to maintaining a balance in revenue receipts through economic cycles. % of 2014 PRIMARY REVENUE SOURCES 19952000200520102014TOTAL OPERATING REVENUES GENERAL PROPERTY1,085,0002,670,0002,593,0003,609,0002,824,00018% SALES3,450,0004,696,0005,246,0005,105,0007,777,00049% OTHER544,000 491,000964,0001,234,0001,558,00010% TOTAL5,079,0007,857,0008,803,0009,948,00012,159,00076% CAPITAL PROJECT REVENUE REAL ESTATE TRANSFER1,011,0001,754,0003,254,0001,762,0003,765,00024% TOTAL REVENUES6,090,0009,611,00012,057,00011,710,00015,924,000 SALES TAXES In 2016, sales and accommodation taxes are projected to make up approximately 74% of the Town’s general fund revenues. Of that amount, approximately 40% is paid for by visitors and tourists. Accommodation taxes are included in Other. Sales tax growth from new businesses since 2013 appear to reflect the positive change in the economy, and private landscape and building improvements, particularly at HCRE properties, where the majority of the new business growth is reported New Business Sales Tax Analysis 2013-2015 Sales Tax Increase Sales Taxes from Total Increase from Existing New BusinessYear over Year Businesses 2013$255,700$520,100$775,800 33%67% 2014$278,700$428,000$706,700 39%61% 2015$247,000$200,000$447,000 55%45% Municipal tax revenues in Colorado are very diverse but are largely driven by sales tax th revenues. Compared to other states, property taxes in Colorado are quite low, ranking 10 in the nation for the lowest average real estate taxes. Page | 1 FISCAL CONDITIONS REPORT: TAXES, FUND BALANCE RESERVES & DEBT PROPERTY TAXES Total assessed values of the Town fell by 32% in the four years following the great recession. Although assessed values have gained back some of those values this year, total values for 2015 remain at more than 20% below those in 2010. 2010 and 2012 were Assessed Valuation re-evaluation years. Avon’s Net Assessed Valuation was at its greatest in 2010; in 2015 the Assessed Valuation is $50,500,000 below the 2010 value Avon’s mill levy rate has remained constant since 2005 Avon’s mill rate represents 13.8% of the overlapping jurisdictions property tax rate in 2015; a reduction from 15.7% in 2010 Town operating revenues have been reduced by a total of $1,866,416 over that same four year period. However, the level of municipal services has not changed. In 1998, the voters of Avon approved a ballot question that removed the constitutional restrictions of property tax revenue growth placed upon it by TABOR. However, decreases in assessed values cannot be made up for by increases in mill rate without an election Due to TABOR, any reduction to the Town’s operating mill rate would be of a permanent nature and could not be later increased without an election, unless the Town allowed a temporary mill levy rate reduction with re-imposition. Assessed Value & Overlapping Tax Rates Collection Year Assessed Value & Overlapping Tax Rates2000200520102015 Avon - Total Net Assessed Value120,272,000168,907,000245,052,000194,585,000 Property Tax Mill Rates Town of Avon General Operating11.4568.9568.9568.956 General Obligation Debt Service6.8914.8252.2523.251 TOTAL - Town of Avon18.34713.78111.20812.207 Eagle County 7.0508.4998.4998.499 Colleges and School Districts Colorado Mountain College3.6553.9973.9973.997 Eagle County School District RE-50J22.04721.12019.40221.517 Other Special Districts Eagle River Fire Protection District0.0003.8005.5509.392 Eagle Valley Library District2.7502.7502.7502.750 Eagle River Water and Sanitation Distict1.1541.3300.7950.954 Colorado River Water Conservancy District0.2820.2520.1660.253 Eagle County Health Services District0.8422.0131.7802.019 Upper Eagle Valley Cons. Sanitation District0.3850.0000.0000.000 Upper Eagle Valley Sanitation District0.4780.0000.0000.000 Excluding Metro Districts not Overlapping Entire Town: Total Mills56.99057.54254.14761.588 Avon's Percent of the Total Mills 12.37%14.77%15.70%13.80% Page | 2 FISCAL CONDITIONS REPORT: TAXES, FUND BALANCE RESERVES & DEBT REAL ESTATE TRANFER TAXES (RETT) The Town approved a 1% RETT in 1978. The rate was increased to 2% to 1987. While not limited to capital, the fund is utilized exclusively for the Town’s capital improvements, including the support of debt from existing revenue. Since 2001, the Town has collected $32,829,891 in RETT. This amount, along with various other grants and fees, has allowed the Town to invest almost $70 million in its infrastructure, road and streets, facilities, parks and trails, technology and development. The uses of the monies are shown in the graph below. In equivalent rates it would, on average, require either a 1.81% sales tax increase or a 13.01 property tax mill rate increase to offset the loss of the Town’s real estate transfer tax based on historical averages. Page | 3 FISCAL CONDITIONS REPORT: TAXES, FUND BALANCE RESERVES & DEBT II.FUND BALANCE RESERVES Purpose of the Reserve: To ensure the Town has adequate funds for cash flow purposes, to address unforeseen reductions in operating revenues or increases in expenditures, economic downturns, and the effects of natural disasters The Town is required by TABOR to have 3% of the General Fund operating expenditures as a reserve The Town’s policy requires a 25% reserve, based upon the General Fund operating expenditures The graph below illustrates that from 2005 through 2014 the Town has exceeded its 25% reserve policy by having greater reserves on hand than required The Town was able to retain greater reserves than required even during the recession period of 2008 – 2013, indicating that the Town is fiscally capable of new expenditures even during a long period of global or national economic downturn or through a catastrophic local event Variance to Recommended Reserve 60.00% 56.72% 55.43% 53.75% 50.00% 45.75% 40.00% 42.64% 36.19% 33.70% 33.65% 30.00% 33.07% 31.64% 20.00% 10.00% 0.00% 2005200620072008200920102011201220132014 Page | 4 FISCAL CONDITIONS REPORT: TAXES, FUND BALANCE RESERVES & DEBT III.TOWN DEBT HISTORY & CURRENT OBLIGATIONS Debt-financing allows the Town to pay for a high cost physical asset over a period of time, up to its useful life (generally not less than 10 years), which cannot be funded through pay-as- you-go collections. The use of municipal debt is a financially responsible practice for certain types of capital improvements within appropriate limitations and at appropriate interest rates. The Town follows GFOA Best Practices in its issuance and management of debt to ensure that the maturity structure and estimated debt service match the anticipated flow of revenues available for debt service in a manner that will not raise credit concerns and will not unduly contribute to unfavorable market reception. Town general obligation debt is at its lowest level in over twenty years. The Town’s legal debt limit (constitutional debt, i.e. general obligation and revenue bonds) is $41,683,695. There is no limit on Certificates of Participation or capital leases. Total Town debt service represents only 7% of total Town expenditures for 2016. Two debt issues have either been retired or will be in 2016. The Town’s debt service mill rate of 2.809 will expire at that time. Page | 5 FISCAL CONDITIONS REPORT: TAXES, FUND BALANCE RESERVES & DEBT TOWN OF AVON CURRENT OUTSTANDING DEBT Amount Series / Year of Interest Maturity Type of IssueOriginal PurposeAmount IssuedTermOutstanding IssueRateDate 12/31/15 3.00% - Series 2004G.O. RefundingRoundabouts$3,656,17320 years$515,00012/01/2016 4.00% New Money - 30% Local Certificates of match for Avon Regional 2.00% - Series 2010$6,825,00020 years$6,200,00012/1/2018 ParticipationTransit Facility; 3.25% Refunding - Refund of URA Tax Increment Series 2013Construction of Lake Stree$6,680,00015 years3.52%$5,435,00012/1/2028 Revenue Bonds Certificates of Series 2014AStreet Improvements$3,800,00015 years3.03%$3,585,00012/1/2029 Participation TOTAL $20,961,173$15,735,000 2014 Statistics2005 Statistics Legal Debt Limit - $41,683,695Legal Debt Limit - $38,236,245 Total Debt Applicable to the limitTotal Debt Applicable to the limit as a percentage of legal Debt Limit - 2.41% as a percentage of legal Debt Limit - 13.55% Debt per capita - $2,194Debt per capita - $2,427 Page | 6 FISCAL CONDITIONS REPORT: TAXES, FUND BALANCE RESERVES & DEBT Page | 7 FISCAL CONDITIONS REPORT: TAXES, FUND BALANCE RESERVES & DEBT TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancherand Avon Town Council From: Kelly Huitt,Budget Analyst Date: November 30, 2015 Re: Adoption of Proposed 2016and Final Revised 2015Operating Budgets Summary: The Town’s final revised operating budgets for 2015and proposed 2016are hereby submitted for adoption by the Avon Town Council. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. TheTown Managerand staffpresented therecommended budget at the Council work sessions thth held on October 13and 27.The following changes have been made to the operating budget subsequent to the October work sessions: 2016Changes General Fund-($81,700) total changes $25,000 for Augustana Senior Care Facility $35,000 for CoverStock Music and Art Festival $6,700 for Laserfiche Training $5,000 for Town Manager Training $10,000 for Wildridge Speed Table Transit Fund-($7,028) total changes $7,028for the addition of one full-time Transit Operator and the offsetting reduction in Part-time and Overtimewages WaterFund-$10,000 total changes $10,000 removal of the Urban Runoff donation Affordable Housing Fund-($25,000) total changes $25,000 for project development costs 2015 Changes General Fund-($28,000)total changes $2,500in office repairs for the HR Assistant and new HR Director’s offices $2,000 for water in the Parks Department $4,000 for HR advertising $1,900 for banners on Post Blvd $17,000 in retirement and worker’s comp adjustments due to a glitch in the PowerPlan budget software Transit Fund-($11,274) total changes $9,274 for the addition of one full-time Transit Operator and the offsetting reduction in PTS wages $2,000 for additional sludge pit removal fees Fleet Maintenance Fund-$12,304 total changes $13,304reduction to the Fleet Director’s salary and benefits $1,000 in additional Overtime for staff Town Center West Fund–($16,000) total changes $2,000 add back in for snow removal contracts $14,000 for changes to employee insurance selections Public Hearing. As required by Town Charter, onDecember8, 2015,a public hearing will beheld for members of the publicto comment on the proposed 2016budget. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Exhibits and Attachments: 2016Financial Overview, Total -All Funds 2016Financial Overview, Total by Fund ResolutionNo.15-22 Resolution No. 15-23 TOWN OF AVON Financial Overview TOTAL - ALL FUNDS Original orFinal Prev. Amend.RevisedAdopted ActualBudgetBudgetBudget 2014201520152016 REVENUES Taxes$15,964,273$15,924,726 14,948,841$15,722,595 Licenses and Permits 210,636 153,500 273,500 174,000 Intergovernmental 1,963,946 1,652,956 1,190,762 3,620,742 Charges for Services 3,903,522 3,680,356 3,808,779 3,766,691 Fines and Forfeitures 131,513 106,612 131,612 116,900 Investment Earnings 45,844 24,113 23,863 45,025 Other Revenue 566,111 538,709 538,709 603,594 Total Operating Revenues 22,785,845 22,080,972 20,916,066 24,049,547 Other Sources Sales of Fixed Assets 12,555 27,000 27,000 15,000 Capital Lease Proceeds 170,246 - - - Bond and Loan Proceeds - 3,800,000 3,800,000 2,500,000 Transfers-In From Other Funds 6,248,511 4,098,660 5,788,440 3,500,543 Total Other Sources 6,431,312 7,925,660 9,615,440 6,015,543 TOTAL REVENUES 29,217,157 30,006,632 30,531,506 30,065,090 EXPENDITURES General Government and Finance 3,084,616 2,879,121 3,061,517 3,167,179 Community Development 456,063 1,455,162 1,471,513 1,174,639 Public Safety 2,726,711 3,001,223 3,008,713 3,253,284 Road and Bridge, Engineering and Utilities 1,669,401 4,361,591 4,258,317 4,212,418 Transportation and Fleet Maintenance 2,785,188 3,727,970 3,234,651 3,734,465 Parks and Recreation 3,784,166 1,459,752 1,484,230 1,580,019 Total Operating Expenditures 14,506,145 16,884,819 16,518,941 17,122,004 Debt Service 1,842,421 1,900,419 1,912,313 1,908,719 Capital Improvements and Equipment Replacement 8,533,403 7,046,911 4,560,596 5,829,909 Contingency - 100,000 25,000 100,000 Other Uses Loan to ERFPD - - 717,989 - Transfers-Out To Other Funds 6,248,511 4,095,327 5,788,440 3,500,543 TOTAL EXPENDITURES 31,130,480 30,027,476 29,523,279 28,461,175 NET SOURCE (USE) OF FUNDS (1,913,323) (20,844) 1,008,227 1,603,915 FUND BALANCES, Beginning of Year 16,281,908 14,370,645 14,368,585 15,376,812 FUND BALANCES, End of Year$14,368,585$14,349,801$15,376,812$16,980,727 Section II, Page 1 TOWN OF AVON Financial Overview TOTAL - BY FUND Special Revenue Funds TownUrbanCommunityAffordable General CenterRenewalEnhancementWaterHousing FundWestFundFundFundFund REVENUE Taxes$11,977,899$ -$1,053,955$ -$ -$ - Licenses and Permits 174,000 - - - - - Intergovernmental 990,710 - - - - - Charges for Services 1,310,263 - - - 170,000 - Fines and Forfeitures 116,900 - - - - - Investment Earnings 25,000 - 4,712 - - 1,191 Other Revenue 364,900 - - 84,000 - 2,694 Total Operating Revenues14,959,672 - 1,058,667 84,000 170,000 3,885 Other Sources Sales of Fixed Assets - - - - - - Capital Lease Proceeds - - - - - - Bond and Loan Proceeds - - - - - - Transfers-In From Other Funds 219,735 300,000 - - - - TOTAL REVENUES15,179,407 300,000 1,058,667 84,000 170,000 3,885 EXPENDITURES General Government, Housing and Finance 3,141,229 - 950 - - 25,000 Community Development 1,174,639 - - - - - Police 3,253,284 - - - - - Public Works, Engineering and Utilities 4,090,065 - - - 122,353 - Transportation and Fleet Maintenance - - - - - - Recreation and Culture 1,281,738 298,281 - - - - Total Operating Expenditures12,940,955 298,281 950 - 122,353 25,000 Debt Service - - 660,860 - - - Capital Expenditures - - - - - - Contingency 100,000 Other Uses Transfers-Out To Other Funds 1,952,000 - 550,000 100,000 100,000 - TOTAL EXPENDITURES14,992,955 298,281 1,211,810 100,000 222,353 25,000 NET SOURCE (USE) OF FUNDS 186,452 1,719 (153,143) (16,000) (52,353) (21,115) FUND BALANCES, Beginning of Year 4,578,732 88,584 857,941 96,996 880,199 517,335 FUND BALANCES, End of Year$4,765,184$90,303$704,798$80,996$827,846$496,220 Section II, Page 2 TOWN OF AVON Financial Overview TOTAL - BY FUND Debt ServiceInternal FacilitiesFundCapitalEnterprise FundsServicePercent ReserveBondProjectsTransitFleetEquipmentof FundRedemptionFundFundMaintenanceReplacementTotalTotal $ -$546,531$2,100,000$44,210$ -$ -$15,722,59565.38% - - - - - - 174,0000.72% - -2,158,434 328,000 - 143,598 3,620,74215.06% - - - 208,8291,487,632 589,967 3,766,69115.66% - - - - - - 116,9000.49% - 750 13,372 - - - 45,0250.19% - - 80,000 72,000 - - 603,5942.51% - 547,2814,351,806 653,0391,487,632 733,56524,049,547100.00% - - - - - 15,000 15,000 - - - - - - - - -2,500,000 - - - 2,500,000 - 578,808 820,0001,282,000 300,000 - 3,500,543 -1,126,0897,671,8061,935,0391,787,632 748,56530,065,090 - - - - - - 3,167,17918.50% - - - - - - 1,174,6396.86% - - - - - - 3,253,28419.00% - - - - - - 4,212,41824.60% - - -1,948,4961,785,969 - 3,734,46521.81% - - - - - - 1,580,0199.23% - - -1,948,4961,785,969 -17,122,004100.00% -1,126,089 121,770 - - - 1,908,719 - -5,590,240 - - 239,669 5,829,909 100,000 - - 798,543 - - - 3,500,543 -1,126,0896,510,5531,948,4961,785,969 239,66928,461,175 - -1,161,253 (13,457) 1,663 508,896 1,603,915 - 510,3755,354,135 631,793 192,8191,667,90315,376,812 $ -$510,375$6,515,388$618,336$194,482$2,176,799$16,980,727 Section II, Page 3 TOWN OF AVON, COLORADO RESOLUTION NO. 15-22 SERIES OF 2015 A RESOLUTION TO AMEND THE 2015TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2015BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015AND ENDING ON THE LAST DAY OF DECEMBER, 2015 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2015budget; and WHEREAS , the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2015; and WHEREAS , the Town Council finds it necessary to amend the 2015budget to more accurately reflect the revenues and expenditures for 2015;and WHEREAS , whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO : Section 1 . That estimated revenues and expenditures for the following funds are revised as follows for 2015: Original orCurrent Previously Proposed AmendedAmended 2015Budget2015Budget General Fund Beginning Fund Balance$ 4,464,298$ 4,464,298 Revenues and Other Sources15,186,25815,969,885 Expenditures and Other Uses14,690,98815,855,451 Ending Fund Balance$4,959,568$4,578,732 Town Center West Fund Beginning Fund Balance$ 102,390$ 107,441 Revenues and Other Sources250,000250,000 Expenditures and Other Uses256,625268,857 Ending Fund Balance$95,765$88,584 Original orCurrent Previously Proposed AmendedAmended 2015Budget2015Budget Community Enhancement Fund Beginning Fund Balance$ 18,728$ 12,996 Revenues and Other Sources84,00084,000 Expenditures and Other Uses00 Ending Fund Balance$ 102,728$ 96,996 Water Fund Beginning Fund Balance$ 916,230$ 916,230 Revenues and Other Sources170,000170,000 Expenditures and Other Uses205,286206,031 Ending Fund Balance$ 880,944$ 880,199 Affordable Housing Fund Beginning Fund Balance$ 513,594$ 513,594 Revenues and Other Sources3,7413,741 Expenditures and Other Uses00 Ending Fund Balance$517,335$ 517,335 Debt Service Fund Beginning Fund Balance$507,988$507,988 Revenues and Other Sources1,105,3451,119,626 Expenditures and Other Uses1,105,3451,117,239 Ending Fund Balance$507,988$510,375 Transit Fund Beginning Fund Balance$639,476$639,476 Revenues and Other Sources1,921,3371,501,331 Expenditures and Other Uses2,029,1191,509,014 Ending Fund Balance$531,694$631,793 Fleet MaintenanceFund Beginning Fund Balance$204,027$204,027 Revenues and Other Sources1,672,3581,714,429 Expenditures and Other Uses1,698,8511,725,637 Ending Fund Balance$177,534$192,819 Equipment ReplacementFund Beginning Fund Balance$ 2,791,015$ 2,789,636 Revenues and Other Sources625,737697,536 Expenditures and Other Uses520,1701,819,269 Ending Fund Balance$2,896,582$1,667,903 Section 2 .That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3 . That the budget hereby approved and adopted shall be signed by the Mayorand made part of the public record of the Town. ADOPTED this 8thday of December, 2015 . AVONTOWN COUNCIL By:___________________________Attest:________________________ Jennie Fancher, MayorDebbie Hoppe, Town Clerk TOWN OF AVON RESOLUTION NO. 15-23 SERIES OF 2015 A RESOLUTION TO ADOPT THE 2016TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2016 AND ENDING ON THE LAST DAY OF DECEMBER, 2016 WHEREAS , the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS ,upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on December8, 2015, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS , whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO : Section 1 . That estimated revenues and expenditures for each fund are as follows for 2016: 2016 Proposed Budget General Fund Beginning Fund Balance$4,578,732 Revenues and Other Sources15,179,407 Expenditures and Other Uses14,992,955 Ending Fund Balance$4,765,184 Town Center WestMaintenance Fund Beginning Fund Balance$88,584 Revenues and Other Sources300,000 Expenditures and Other Uses298,281 Ending Fund Balance$90,303 2016 Proposed Budget Community Enhancement Fund Beginning Fund Balance$96,996 Revenues and Other Sources84,000 Expenditures and Other Uses100,000 Ending Fund Balance$80,996 Water Fund Beginning Fund Balance$880,199 Revenues and Other Sources170,000 Expenditures and Other Uses222,353 Ending Fund Balance$827,846 Affordable Housing Fund Beginning Fund Balance$517,335 Revenues and Other Sources3,885 Expenditures and Other Uses25,000 Ending Fund Balance$496,220 Debt Service Fund Beginning FundBalance$510,375 Revenues and Other Sources1,126,089 Expenditures and Other Uses1,126,089 Ending Fund Balance$510,375 Transit Enterprise Fund Beginning Fund Balance$631,793 Revenues and Other Sources1,935,039 Expenditures and Other Uses1,948,496 Ending Fund Balance$618,336 Fleet Maintenance Enterprise Fund Beginning Fund Balance$192,819 Revenues and Other Sources1,787,632 Expenditures and Other Uses1,785,969 Ending Fund Balance$194,482 2016 Proposed Budget Equipment Replacement Internal Service Fund Beginning Fund Balance$1,667,903 Revenues and Other Sources748,565 Expenditures and Other Uses239,669 Ending Fund Balance$ 2,176,799 Section 2 . That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon forthe year stated above. Section 3 . That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. th ADOPTED this 8day of December, 2015 . TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancherand Avon Town Council From: Kelly Huitt,Budget Analyst Date: November 30, 2015 Re: Adoption of Proposed 2016and Final Revised 2015Capital Projects Fund Summary: The Town’s final revised Capital Projects Fund budget for 2015and the proposed 2016 Capital Projects Fund budget arehereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year plan). Concurrently with the presentation of the Town’s operating budgets, the Town Manager presented herrecommended Capital Projects Fund budget at the Council budget work session th held on October 27.A public hearing will beheld on December 8, 2015. The following changeshave beenmade subsequent to theOctober 27thbudget work session: Revenues Increased RETT revenues by $100,000in 2016-2020 Increased GOCO Grant for restrooms in 2016 -$63,636 Revised URA Bond Proceeds to reflect issuance of $2.5 million in 2016, $1.6 million in 2017, and $1.5 million in 2018.Monies would be approved by Council for economic development projectsauthorized in the URA District Plan Facilities Eliminated$1.5 million appropriation for Town Hall Relocation/Renovation in 2016; placed as a reserve Land and Land Improvements Increased restroom cost in 2016 -$110,400to fully reflect total cost estimate of $260,400,which is itemizedin the GOCO grant application Added $28,050 for Eaglebend Affordable Housing landscaping in 2016– See Appendix A to this memo regarding the request and staff recommendation. Roads and Streets Added Trails Master Plan in 2015 -$17,000 Revised Soft and Hard Trails Development -$100,000 in 2016 and $50,000 in 2017 Revised the expenditure for the East Beaver Creek/West Beaver Creek street and walkability planning: Planning monies in 2016 -175,000 in 2016 o Construction funds totaling $1,750,000in2017 and $750,000 in 2018. o Other Added Historical Preservation in 2016for the Hannewald Barn Assessment- $5,000 Fund Balance Reserves Added fund balance reserve of $1.5 million for Town Hall Relocation/ Renovation Revised Fund Balance reserve for URA bond proceeds to 2.5 million for 2016- 2017 and $4.0 million for 2018-2020 Revised Fund Balance reserve for Joint Public Safety Debt Service to $450,000 per year cumulative for potential Certificates of Participation bond support for the Police Department Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented, and accept the long-range capital program as submitted. Exhibits and Attachments: Attachment A –Council Report Eaglebend Landscaping Request Capital Projects Fund Budget Long-range Capital Program (5-year CIP Plan) Resolution 15-24 Resolution 15-25 ATTACHMENT A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Town Engineer Justin Hildreth Date: December 3, 2015 Agenda Topic: Request for Funding – Contribution to Eaglebend Affordable Housing Landscaping BACKGROUND: The EagleBend Affordable Housing Corporation (EagleBend) is requesting the Town participate in improving the landscaping along Eaglebend Drive in the amount of $28,041.10. The total project cost is estimated at $56,082.20 and includes the installation of trees and native shrubs between the paved trail and parking lot. Approximately half of the landscaping will be installed in the Eaglebend Drive Right-of-Way and the other half on EagleBend property. EagleBend is requesting the Town participate in the project because most of the original landscaping was removed in 2007 by the Town during construction of the paved asphalt trail along Hurd Lane. There used to be numerous trees and bushes between the parking lot and EagleBend Drive that provided a visual barrier between the parking lot and road. The Town reseeded the area but did not replace any of the landscaping in 2007 because of budget constraints. EagleBend will provide the landscape design, manage the construction, provide irrigation and maintain the landscaping improvements. Town Staff recommends Council appropriate the $28,041.10 for the project in the 2016 Capital budget. Financials, as requested by Council are attached. ATTACHMENTS: Exhibit A – EagleBend Affordable Housing Corporation Summary Historical Statement of Operations Exhibit B – EagleBend Affordable Housing Corporation Multi-Year Capital Plan 1 Council Report – Request for Funding for EagleBend Landscaping pc:EBA Cap 2016 Budget TOA.xlsx EagleBend Affordable HousingMulti-Year Capital Plan 11/9/2015 3:01 PM MultiYr2016 20162017-2021 Replacement expendituresBudgetProjection Interior / Exterior Painting Exterior painting0300,000 Interior painting10,00065,000 0 Parking Lot Resurfacing0 Asphalt sealing/striping/patching25,000125,000 Resurface Phase I parking lot150,0000 Resurface Phase III parking lot150,000 Phase I drainage300,0000 0 Window / Door Replacements Window / Door Replacement25,000125,000 0 Carpet / Blind Replacement0 Unit Carpet/Blind replacement85,000375,000 Hallway carpet replacement030,000 Clubhouse carpet replacement010,000 0 Mechanical Replacement0 Mechanical replacement10,000140,000 100,000500,000 Boiler replacement Phase III Lift Station10,00010,000 0 Equipment Replacement0 Equipment replacement5,00025,000 0 Landscape Replacement/Improvement0 Landscape improvements / replacements50,00050,000 0 Appliance/Countertop Replacement0 Appliance replacement50,000250,000 Kitchen remodels100,000600,000 0 Building Repair / Replacement Reserve0 Roof Repair/Replacement050,000 Deck and misc. carpentry repairs 15,00050,000 Ph 1 project40,0000 Ph I siding replacement600,0003,000,000 Clubhouse /leasing office remodels / replacement050,000 0 Miscellaneous/Other0125,000 $1,575,000$6,030,000 pc:EBA Historical P&L 2011-2015 TOA.xlsx EagleBend Affordable Housing Corporation 11/9/2015 3:05 PM Summary Sum Historical Statement of Operations 201520152014201320122011 ForecastBudgetActualActualActualActual Average Physical Occupancy99.0%98.0%99.1%96.0%93.1%89.4% Economic Occupancy %98.8%97.4%98.7%95.2%87.3%85.3% Operating Income Monthly Rent$3,460,571$3,412,600$3,459,118$3,335,572$3,058,941$2,987,913 Other Income210,225184,450194,425227,002236,402144,804 Total Income$3,670,796$3,597,050$3,653,543$3,562,574$3,295,343$3,132,717 Operating Expense Administrative277,739243,190251,168243,900240,465245,369 Labor715,816704,450702,962615,408540,840531,451 HVAC/Plumbing68,61465,55080,38863,92548,23354,147 Grounds Maintenance78,67683,00083,36058,20464,51462,505 General Repair/Maintenance154,195138,210155,856176,022183,101135,400 Utilities42,38347,685101,95662,35748,399120,619 Janitorial37,76826,80024,19144,93343,82047,140 Other Expenses54,33853,11055,23949,95952,33556,288 Total Operating Expense$1,429,529$1,361,995$1,455,120$1,314,708$1,221,707$1,252,919 Net Operating Income$2,241,267$2,235,055$2,198,423$2,247,866$2,073,636$1,879,798 Owner Expense17,96517,80018,67013,83215,650682 Interest Income38,33131,98738,10819,51112,4698,730 Interest Expense673,578683,827718,467760,728804,502844,115 Income before Depr & Repl$1,588,055$1,565,415$1,499,394$1,492,817$1,265,953$1,043,731 Depreciation and Amortization596,856596,856596,850596,850597,840606,640 Replacements1,025,0001,025,000663,788548,520536,398976,748 Net Income (Loss)($33,801)($56,441)$238,756$347,447$131,715($539,657) Cash Flow Adjustments Less: Principal Payments825,000825,000784,998745,002705,000670,002 Asset Acquisitions Replacement Reserve-Req'd36,75036,25073,50073,50073,50030,625 Capital Reserve Funding Advances to Other Entities221,50080,000100,000 Plus: Depreciation / Amortization596,856596,856596,850596,850597,840606,640 Contribution-Buffalo Ridge55,57143,33197,370 Excess Cash Flow($298,695)($320,835)($22,892)($40,134)($85,614)($636,274) Page 1 MUNICIPAL SERVICES Capital Projects Fund #41 Fund Summary Original orFinal Prev. Amend.RevisedProposed ActualBudgetBudgetBudget 2014201520152016 REVENUES Taxes$ 3,764,526$ 3,825,312$ 2,250,000$ 2,100,000 Intergovernmental 1,026,019 232,500 40,000 2,158,434 Investment Earnings 13,298 3,741 3,741 13,372 Other Revenue 74,926 80,000 80,000 80,000 Total Operating Revenues 4,878,769 4,141,553 2,373,741 4,351,806 Other Sources: Bond Proceeds - 3,800,000 3,800,000 2,500,000 Operating Transfers-In 3,904,015 345,000 2,095,000 820,000 Total Other Sources 3,904,015 4,145,000 5,895,000 3,320,000 TOTAL REVENUES 8,782,784 8,286,553 8,268,741 7,671,806 EXPENDITURES Capital Improvements: Facilities 3,010,753 2,818,508 1,796,498 383,790 Land and Land Improvements 73,966 150,000 119,632 298,450 Roads and Streets 4,612,269 3,417,995 1,918,708 4,803,000 Utilities - - - - Water Fund Projects 161,506 - - 100,000 Communications and Technology 64,215 70,238 70,238 - Strategic Planning 5,000 30,000 64,240 - Other - - - 5,000 Debt Service: Bond Issuance Costs - 93,800 93,800 - Capital Leases 153,511 121,770 121,770 121,770 Total Capital Improvements 8,081,220 6,702,311 4,184,886 5,712,010 Other Uses Operating Transfer-Out - General Fund 207,121 1,538,335 1,538,335 219,735 Operating Transfer-Out - Debt Service Fund 732,375 559,992 578,106 578,808 - Total Other Uses 939,496 2,098,327 2,116,441 798,543 TOTAL EXPENDITURES 9,020,716 8,800,638 6,301,327 6,510,553 NET SOURCE (USE) OF FUNDS (237,932) (514,085) 1,967,414 1,161,253 FUND BALANCE, Beginning of Year 3,624,653 3,386,721 3,386,721 5,354,135 FUND BALANCE, End of Year$ 3,386,721$ 2,872,636$ 5,354,135$ 6,515,388 Fund Balances Restricted For: Street Improvements (COPs)$ -$ 1,624,521$ 2,616,333$ 1,356,333 Asphalt Overlay - 240,000 240,000 480,000 Assigned For: Avon Town Hall Relocation / Renovation - - 1,425,000 1,500,000 URA TCW Improvements - Bond Proceeds - - - 2,500,000 Joint Public Safety Facility Debt Service - - - - Unassigned: Unreserved 3,386,721 1,008,115 1,072,802 679,055 Total Fund Balances$ 3,386,721$ 2,872,636$ 5,354,135$ 6,515,388 Section IV, Page 1 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Proposed CurrentRevisedProposed ActualBudgetBudgetBudgetProjected 20142015201520162017201820192020 REVENUES Real Estate Transfer Tax:$3,764,526$3,825,312$2,250,000$2,100,000$2,100,000$2,100,000$2,100,000$2,100,000 Interest Earnings13,2983,7413,74113,37210,46016,38819,67520,000 Intergovernmental: Federal/State: FTA 90 SGR49,705------- FTA-5311 Capital Funding Grant (Bus Shelters)-125,000-125,000---- GOCO Grant - Eagle Valley Trail - Phase 1497,000------- CDOT Grant - Eagle Valley Trail - Phase 3---1,355,000---- GOCO Grant - Playground----350,000--- GOCO Grant - Restrooms (59/41)---154,900---- Local Government: ECO Grant - Traer Creek Bus Stop-30,000-30,000---- Eagle County Trails Grant - Phase 2463,864------- Eagle County Trails Grant - Phase 3---453,534---- Eagle County Trails Grant - Saddleridge Trail15,450------- Asphalt Overlay Contributions - TCMD-40,00040,00040,00040,00040,00040,00075,000 Short-Term Loan Repayment - ERFPD-37,500------ Other Revenues: Asphalt Overlay Contributions - Developer-80,00080,00080,00080,00080,00080,000- Donations and Contributions27,000------- Project Cost Reimbursements32,614------- Nonclassified15,312------- Total Operating Revenues4,878,7694,141,5532,373,7414,351,8062,580,4602,236,3882,239,6752,195,000 Other Sources: Debt Proceeds - Street Improvements-3,800,0003,800,000----- Debt Proceeds - URA---2,500,0001,600,0001,500,000-- Transfer in from General Fund - Assigned to Capital Improvements-225,0001,425,000-250,000250,000- - Nottingham Park Pavilion700,000------- - Short-term Loan1,325,000------- - Asphalt Overlay-120,000120,000120,000120,000120,000120,00075,000 Transfer in from the AURA - Mall Improvement Project - Mall Improvement Project700,000------- - Tract G / Town Hall---500,000400,000--- Transfer in from Community Enhancement Fund - Mall Improvement Project608,000------- - 2016 Power line Undergrounding---100,000---- Consolidation with Capital Projects Fund413,251------- Transfer in from Water Fund157,764--100,000---- Transfer in from Equipment Replacement Fund--550,000----- Total Other Sources3,904,0154,145,0005,895,0003,320,0002,370,0001,870,000120,00075,000 Total Revenues and Sources of Funds$8,782,784$8,286,553$8,268,741$7,671,806$4,950,460$4,106,388$2,359,675$2,270,000 Section IV, Page 2 CAPITAL PROJECTS FUND 5-YEAR PLAN SUMMARY Proposed CurrentRevisedProposed ActualBudgetBudgetBudgetProjected 20142015201520162017201820192020 EXPENDITURES Capital Improvements: Facilities3,010,7532,818,5081,796,498383,79075,00090,000300,000- Land and Land Improvements73,966150,000119,632298,4501,235,000--- Roads and Streets4,612,2693,417,9951,918,7084,803,0002,430,0001,545,000200,000335,000 Utilities-------- Water Fund Projects161,506--100,000---- Communications and Technology64,21570,23870,238----- Strategic Planning5,00030,00064,240----- Other---5,000---- Debt Service: Debt Issuance Costs-93,80093,800----- Capital Leases153,511121,770121,770121,770121,770121,77043,082- Total Expenditures8,081,2206,702,3114,184,8865,712,0103,861,7701,756,770543,082335,000 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations207,121213,335213,335219,735226,327233,117240,110247,314 - Repayment of Short-term Loan-1,325,0001,325,000----- Operating Transfers Out - Debt Service Fund: 255,081252,165256,719255,182255,881256,331251,800256,725 - 2010 COPs (ARTF) - 1999 Revenue Refunding Bonds (Rec Center)477,294------- - 2015 COPS (Street Improvements)-307,827321,387323,626322,263320,748324,082322,113 Total Other Uses939,4962,098,3272,116,441798,543804,471810,196815,992826,152 Total Expenditures and Uses of Funds9,020,7168,800,6386,301,3276,510,5534,666,2412,566,9661,359,0741,161,152 Net Source (Use) of Funds(237,932)(514,085)1,967,4141,161,253284,2191,539,4221,000,6011,108,848 Fund Balance, Beginning of Year3,624,6533,386,7213,386,7215,354,1356,515,3886,799,6078,339,0299,339,629 Fund Balance, End of Year$3,386,721$2,872,636$5,354,135$6,515,388$6,799,607$8,339,029$9,339,629$10,448,478 Fund Balances Restricted For: Street Improvements COPs$-$1,624,5212,616,3331,356,333$-$-$-- Asphalt Overlay-240,000240,000480,000720,000960,0001,200,0001,350,000 Assigned For: Avon Town Hall Relocation / Renovation--1,425,0001,500,0001,500,0001,500,0001,500,0001,500,000 URA Town Center West Improvements - Bond Proceeds---2,500,0002,500,0004,000,0004,000,0004,000,000 Joint Public Safety Facility Debt Service----450,000900,0001,350,0001,800,000 Unassigned: Unreserved3,386,7211,008,1151,072,802679,0551,629,607979,0291,289,6291,798,478 Total Fund Balances$3,386,721$2,872,636$5,354,135$6,515,388$6,799,607$8,339,029$9,339,629$10,448,478 Section IV, Page 3 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total2013 andCurrentRevisedProject CostProposed ProjectPrior Yr.ActualBudgetBudgetTo-DateBudgetProjected BudgetActuals201420152015201520162017201820192020 CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11011 Town Hall Relocation / Renovation$32,822$-$5,822$27,000$27,000$32,822$-$-$-$-$- 11012 Town Hall Tenant Finish----------- 12002 Short-term Loan to Fire District750,000--750,000------- Joint Public Safety Facility Project: 12003 Design320,000--270,000320,000320,000----- Transit / PW Facilities Improvement Project: 13005 Public Works Improvements, (On-site and Lot 5)719,474585,77377,21256,48956,489719,474----- 13009 Transit Facility Construction (Grant #90)8,281,8888,487,60130,065--8,517,666----- Public Works Facilities 13012 Cinder De-icer Storage200,000--------200,000- 13013 Large Vehicle Storage100,000--------100,000- Transportation Facilities 14010 Fleet Maintenance EPDM Roof Replacement80,000-----80,000---- Fleet Maintenance Floor Painting80,000-----80,000---- 14011 Transit Bus Shelters227,500--250,000--137,500-90,000-- 14012 Transit Bus Stop - Traer Creek Plaza60,000-4,49055,5104,4908,98051,020---- - Cultural and Recreational Facilities: 15009 Recreation Center - Locker Room Remodel120,000-106,673--106,673----- 15010 Recreation Center Remodel - Yoga Studio and Weigh 80,000-62,20717,79317,79380,000----- 15012 Nottingham Park Pavilion3,870,000-2,724,2841,145,7161,145,7163,870,000----- 15013 Recreation Center Exterior Renovation52,750--45,00052,75052,750----- 15014 Recreation Center - Remodel - Phase 298,530--92,00098,53098,530----- 15015 Recreation Center - Bouldering Wall50,000--50,00050,00050,000----- 15016 Recreation Center - Slide Flume Refurbishment and S59,000--59,00023,73023,73035,270---- Recreation Center - Fitness Floor75,000------75,000--- Land and Land Improvements: H.A. Nottingham Park Improvements 21016 Nottingham Park Zone C Improvements - Playground975,000-3,96675,00075,00078,966-900,000--- 21017 Nottingham Park - Remodel Restrooms (Grant)260,400-----260,400---- 21018 Nottingham Park Athletic Field Drainage Improvement 70,000-70,000--70,000----- 21019 Upper Athletic Field Replacement335,000------335,000--- Eagle River Whitewater Park Repair10,000-----10,000---- 21021 Fishing Pier Repairs75,000--75,00044,63244,632----- Eaglebend Affodable Housing28,050-----28,050---- Section IV, Page 3 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total2013 andCurrentRevisedProject CostProposed ProjectPrior Yr.ActualBudgetBudgetTo-DateBudgetProjected BudgetActuals201420152015201520162017201820192020 CAPITAL IMPROVEMENT PROJECTS Roads and Streets: Streetscape Improvements 31014 Avon Rd. Streetscape Update484,000-242,05210,00010,000252,052----- 31015 2014 Mall Improvements1,992,703-1,789,645203,058203,0581,992,703----- Mall Improvements - Phase 2240,000-----15,000-225,000-- 31018 Post Blvd. Landscaping Improvements368,000-308,98630,00030,000338,98625,000---- 31019 Post Blvd. Electrical Assessment and Street Lights78,000-44,40133,59933,59978,000----- Post Blvd. Light pole Replacement100,000------100,000--- 31020 Avon Rd. Street Lights200,000-165,753--165,753----- 31022 Avon Rd./I70 Overpass Pedestrian Safety Improveme88,000-----88,000---- Avon Rd./I70 Overpass Aesthetics Improvements270,000-------270,000-- 31024 Roundabout #4 TCW Art Element255,525---10,52510,52515,000230,000--- 32017 Metcalf Road - Retaining Wall Stabilization100,000------100,000--- 31025 2015 Avon Rd. Landscaping Project485,000--485,000485,000485,000----- 35003 Roundabout #4 TCW Feature60,000-75,343--75,343----- Street Improvements: Annual Paving/Road ImprovementsNA-740,622--NA--300,000200,000125,000 2015 Street & Road Projects (COPs)NA2,081,6791,059,8671,059,867----- 34014 Metcalf Bike Lane Phase 1 (COPs)860,000-----860,000---- 32017 Metcalf Bike Lane Overlay (COPs)400,000-----400,000---- West B/C Blvd. Slurry Seal - Lake Street to US 6 (URA) 150,000-----150,000---- Walkability - WBCB/EBCB (URA)1,330,000-----175,000575,000--- Walkability - WBCB/EBCB (COPs)1,330,000---30,00030,000-1,175,000--- Walkability - WBCB/EBCB1,468,667-------750,000-- Eaglebend Dr. Repaving (COPs)200,000------200,000--- 32015 US Hwy 6 Shoulder Widening Contribution50,000-50,000--50,000----- Post Blvd. Settlement Repair75,000-----75,000---- Wildwood Road Repair75,000-----75,000---- 34024 B/C Blvd. Bike Lanes35,000--35,000------- 32017 Metcalf Road Bike Climbing Lane - Phase 2210,000--500,000------210,000 Multi-Modal/Alternative Mobility: 34017 Eagle Valley Trails Phase 1 (Grant Funded)561,000-556,525--556,525----- 34023 Eagle Valley Trails Phase 2 (Grant Funded)522,000-469,146--469,146----- 34015 Eagle Valley Trails Phase 3 (CDOT Funded)2,775,000-10,34139,65939,65950,0002,725,000---- 34016 Eagle Valley Trails Undergrounding Project (CEF)100,000-----100,000---- Recreational Trails Program: 34019 West Avon Preserve Trail Improvements157,626-159,455--159,455----- Trails Master Plan17,000---17,00017,000----- Soft Surface Trail Improvements150,000-----100,00050,000--- Water Fund Projects 61010 Nottingham Lake Liner Replacement1,300,0001,160,465157,674--1,318,139----- 21020 Pump House Pump Replacement100,000-3,832--3,832100,000---- Section IV, Page 4 CAPITAL PROJECTS FUND 5-YEAR PLAN INVENTORY DETAIL Proposed Estimated Total2013 andCurrentRevisedProject CostProposed ProjectPrior Yr.ActualBudgetBudgetTo-DateBudgetProjected BudgetActuals201420152015201520162017201820192020 CAPITAL IMPROVEMENT PROJECTS Communications and Technology e-Gov.: 81008 Digital Ticketing60,000--60,00060,00060,000----- 81009 CityVision Budgeting and BPM Software40,000-39,453--39,453----- 81010 Timekeeping Software and Peripheral Devices35,000-24,76210,23810,23835,000----- Strategic Planning Planning and Consulting: 79110 Recreation Center Expansion: Exhibits and Displays5,000-5,000--5,000----- 79111 Space Needs Analysis30,000--30,00032,50032,500----- Tract G Feasibility Study25,740---31,74031,740----- Other Historical Preservation5,000-----5,000---- Total Capital Improvement Projects$33,798,675$10,233,839$7,927,709$6,486,741$3,969,316$21,390,242$5,590,240$3,740,000$1,635,000$500,000$335,000 Section IV, Page 5 TOWN OF AVON RESOLUTION NO. 15-24 SERIES OF 2015 A RESOLUTION TO AMEND THE 2015TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES ANDAMENDING THE 2015CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015AND ENDING ON THE LAST DAY OF DECEMBER, 2015 WHEREAS , the Town Council of the Town of Avonhas adopted the 2015 Capital Projects Fund budget; and WHEREAS , the Town Council has reviewed the revised estimated revenues and expenditures for 2015; and WHEREAS , the Town Council finds it necessary to amend the 2015Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2015; and WHEREAS , upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2015budget was open for inspection by the public at a designated place, a public hearing was held on December 8, 2015and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS , whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO : Section 1 . That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2015: Original orCurrent PreviouslyProposed AmendedAmended 2015Budget2015Budget Capital Projects Fund Beginning Fund Balance$ 3,386,721$ 3,386,721 Revenues and Other Sources8,286,5538,268,741 Expenditures and Other Uses8,800,6386,301,327 Ending Fund Balance$ 2,872,636$5,354,135 Section 2 .That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3 . That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. th ADOPTED this 8day of December, 2015 . TOWN OF AVON, COLORADO ______________________________ Jennie Fancher,Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk TOWN OF AVON RESOLUTION NO. 15-25 SERIES OF 2015 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2016 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2016AND ENDING ON THE LAST DAY OF DECEMBER, 2016 WHEREAS , the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit along-range capital program to said governing body for its consideration; and WHEREAS ,the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS , upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on December8, 2015, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS , whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO : Section 1 . That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2 . That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2016: 2016 Proposed Budget Capital Projects Fund Beginning Fund Balance$5,354,135 Revenues and Other Sources7,671,806 Expenditures and Other Uses6,510,553 Ending Fund Balance$6,515,388 Section 3 . That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4 . That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. th ADOPTED this 8day of December, 2015 . TOWN OF AVON, COLORADO ______________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancherand Avon Town Council From: Kelly Huitt,Budget Analyst Date: November 30, 2015 Re: 2015Property Tax Levies Summary: Resolutions#15-26and #15-27levying property taxes for Town of Avon general operating, Town of Avon debt service, and the Avon General Improvement District No. 1are hereby submitted for adoption. The property tax mill rates will be levied as follows: General operating purposes -8.956 mills, no change from the previous year; o Debt service -2.809mills, a decrease of 0.442mills from 2014; o Avon General Improvement District No. 1 –14.077mills,a decrease of 3.480 o mills from 2014 Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Exhibits and Attachments: A–Resolution15-26 B–Resolution 15-27 Page 1 TOWN OF AVON RESOLUTION NO. 15-26 SERIES OF 2015 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2015, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWNOF AVON, COLORADO, FOR THE 2016BUDGET YEAR WHEREAS , the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 8, 2015; and WHEREAS , the amount of money necessary to balance the budget for general operating purposes from property tax revenue is $1,742,708; and WHEREAS , the amount of money to balance the budget for bonds and interest is $546,591; and WHEREAS , the 2015net total assessed valuationfor the Town of Avon, as certified by the County Assessoris $194,585,530. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO : Section 1 . That for the purpose of meeting all general operating expenses of the Town of Avonduring the 2016budget year there is levied a tax of 8.956mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avonfor the year 2015. Section 2 . That for the purpose of meeting all bonds and interest of the Town of Avon during the 2016budget year there is levied a tax of 2.809mills upon each dollar of the net total assessed valuation of all taxable property within the Town of Avonfor the year 2015. Section 3 . That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon as hereinabove determined and set. th ADOPTED this 8day of December, 2015 . TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk County Tax Entity CodeDOLA LGID/SID/ CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO:County Commissioners 1 ofEagle County, Colorado. On behalf of theTown of Avon, A (taxing entity) theTown Council B (governing body) of theTown of Avon C (local government) Hereby officially certifies the following mills $211,061,910 to be levied against the taxing entity’s GROSS assessed valuation of:DE (GROSSassessed valuation, Line 2 of the Certification of Valuation Form DLG 57) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax $194,585,530 F the tax levies must be Increment Financing (TIF) Area calculated using the NET AV. The taxing entity’s total G (NETassessed valuation, Line 4 of the Certification of Valuation Form DLG 57) property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: Submitted:12/8/2015for budget/fiscal year 2016. (not later than Dec. 15)(mm/dd/yyyy)(yyyy) PURPOSELEVY 2 REVENUE 2 (see end notes for definitions and examples) H 1.General Operating Expenses8.956mills$1,742,708 <Minus> 2.Temporary General Property Tax Credit/ <><> I$ Temporary Mill Levy Rate Reductionmills 8.956$1,742,708 mills SUBTOTAL FOR GENERAL OPERATING: 3.General Obligation Bonds and Interest J 2.809mills$546,591 K 4.Contractual Obligationsmills$ 5.Capital Expenditures L mills$ M 6.Refunds/Abatementsmills$ 7.Other N():mills$ specify mills$ TOTAL: Sum of General Operating \[\] mills$2,289,299 11.765 Subtotal and Lines 3 to 7 Contact person:Daytime (print)Scott C. Wright,Asst. Town Managerphone: (970)748-4055 Signed:Title:Mayor Include one copy of this tax entity’s completed form when filing thelocal government’sbudget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to threedecimal places and revenue must be calculated from the total NET assessed valuation(Line 4 of Form DLG57 on the County Assessor’s finalcertification of valuation). Form DLG 70 (rev 7/08)Page 1of 4 TOWN OF AVON RESOLUTION NO. 15-27 SERIES OF 2015 A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE TOWN OF AVON GENERAL IMPROVEMENT DISTRICT NO. 1 FOR THE YEAR 2015, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWNOF AVON, COLORADO, FOR THE 2016BUDGET YEAR WHEREAS , on August 28, 2007, the Town Council of the Town of Avon passed on second reading Ordinance No. 07-07 declaring the Town of Avon General Improvement District No. 1 (District) organized and submitted to the electors of the District the question of imposing an ad valorem tax to pay the annual expenses of the District; and WHEREAS ,onNovember 6, 2007, an election was held under the requirements and procedures of the Uniform Election Code, the Mail Ballot Election Act, and TABOR, and amajority of the votes cast on the questionwere in favor of incurring such levy as provided in such question; and WHEREAS , the Town Councilis authorized to act as the ex-officio Board of Directors of the District and is authorized to proceed with the necessary action to levy the ad valorem taxes so authorized; and WHEREAS , the authority to levy ad valoremtaxesas conferred by the results of the election, is deemed and considered a continuing authority to levy the ad valorem taxes so authorized; and WHEREAS , the Town Council of the Town of Avon has adopted the annual budget in accordance with the Local Government Budget Law and Town Charter on December 8, 2015; and WHEREAS , the estimated cost of providing transportation and recreation services to and within the District is $44,210; and WHEREAS , the 2015net total assessed valuationfor the property included in the Districtas certified by the County Assessoris $2,855,020. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO : Section 1 . That for the purpose of providing transportation and recreation services to and within the Districtduring the 2016budget year there is levied a tax of 14.077mills upon each dollar of the net total assessed valuation of all taxable property within the District for the year 2015. Section 2 .That the Mayor is hereby authorized and directed to certify to the County Commissioners of Eagle County, Colorado, the mill levies for the Town of Avon Local Improvement District No. 1 as hereinabove determined and set. th ADOPTED this 8day of December, 2015 . TOWN OF AVON, COLORADO ______________________________ Jennie Fancher Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk County Tax Entity CodeDOLA LGID/SID/ CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO:County Commissioners 1 ofEagle County, Colorado. On behalf of theTown of Avon General Improvement District No.1 , A (taxing entity) theTown Council B (governing body) of theTown of Avon C (local government) Hereby officially certifies the following mills $2,855,020 to be levied against the taxing entity’s GROSS assessed valuation of:DE (GROSSassessed valuation, Line 2 of the Certification of Valuation Form DLG 57) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax $ F the tax levies must be Increment Financing (TIF) Area calculated using the NET AV. The taxing entity’s total G (NETassessed valuation, Line 4 of the Certification of Valuation Form DLG 57) property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: Submitted:12/8/2015for budget/fiscal year 2016. (not later than Dec. 15)(mm/dd/yyyy)(yyyy) PURPOSELEVY 2 REVENUE 2 (see end notes for definitions and examples) H 1.General Operating Expenses14.077mills$40,190 <Minus> 2.Temporary General Property Tax Credit/ <><> I$ Temporary Mill Levy Rate Reductionmills $40,190 14.077mills SUBTOTAL FOR GENERAL OPERATING: 3.General Obligation Bonds and Interest J mills$ K 4.Contractual Obligationsmills$ 5.Capital Expenditures L mills$ M 6.Refunds/Abatementsmills$ 7.Other N():mills$ specify mills$ TOTAL: Sum of General Operating \[\] mills$40,190 14.077 Subtotal and Lines 3 to 7 Contact person:Daytime (print)Scott C. Wright, Asst. Town Managerphone: (970)748-4055 Signed:Title:Mayor Include one copy of this tax entity’s completed form when filing thelocal government’sbudget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to threedecimal places and revenue must be calculated from the total NET assessed valuation(Line 4 of Form DLG57 on the County Assessor’s finalcertification of valuation). Form DLG 70 (rev 7/08)Page 1of 4 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Matt Pielsticker, Planning Director Date: December 3, 2015 Agenda Topic:Authorization to Issue PSA for Design Services for the 2016Beaver Creek Boulevard Reconstruction Project Introduction: Mayor Jennie Fancher has placed action on the Professional Services Agreement for the design of Beaver Creek Boulevard in 2016, on Tuesday’s agenda for reconsideration. At her request, staff has reached out to the property owners along West Beaver Creek Boulevard to present the proposed concepts and to solicit feedback on the project. Project Summary: East and West Beaver Creek Blvd is the primary east-west collector through the Avon Town Core and was originally designed with the vehicle in mind with little attention to other modes of transportation. The Town initiated a walkability audit this past summer to identify how to improve pedestrian and bicycle safety and methods to incentivize economic vitality and social connections by addressing obstacles to walkability. The Town’s comprehensive street assessment has rated West Beaver Creek Boulevard for major improvement in 2016, due to its deteriorated condition. Planning the street comprehensively now is an appropriate and timely step in anticipation of future Lot B and Sheraton phased expansion. The walkability audit recommended, as a priority project, redesign of East and West Beaver Creek Blvd. The project includes modification of the street section, potential mini-roundabouts at Sun Road and Beaver Creek Place, modifications to the existing Avon Road roundabout, on-street parking, bicycle lanes, improved sidewalks, storm water quality treatment, lighting, wayfinding signage and landscaping. Schematic level evaluation of on-street parking on Mikaela Way is included. th Note: During the November 10 discussion of the project, Councilor Jake Wolf asked about the potential for a sidewalk to be included in the project traveling along West Beaver Creek Boulevard from Lake Street to US 6. Exhibit A summarizes the background for the improvement and staff recommendation. Review of Blue Zones Walkability Report: Blue Zones, a leading company land use planning firm focused on walkability and community health, was contracted by the Town in the summer of 2015. Work was led by national walkability expert Dan Burden, who conducted a collaborative “Walkshop.” About 25 key stakeholders from the Town, including the Mayor, several Town Council members, staff, Planning Commission members, residents, businesses and property owners took to their feet during a walking audit and collaborated during interactive sessions to identify the Town’s assets and opportunities. PSA for Beaver Creek Boulevard Page 1 of 3 The primary goal of the Walkshop was to engage the community in transportation decision- making by walking together to evaluate existing conditions. Together, Walkshop participants determined next steps for encouraging active living and improving the quality of life through more walkable streets. Dan Burden’s presentation during the Walkshop highlighted several examples of walkability improvements across the United States and their lasting effects. For example, La Jolla Boulevard in San Diego (See Exhibit B – Case Study) was transformed when a string of five roundabouts allowed the city to reduce the road from five vehicle lanes to two. The changes resulted in less travel time, added on-street parking, and new businesses were attracted. The changes still carried the original 23,000 vehicles a day. The number of people walking went up, and the increase in walking, bicycling and street life is bringing new business to retailers. Beaver Creek Boulevard was showcased in the final Blue Zones report as a priority candidate for a modified streetscape design with added on-street parking, bicycle lanes, and potential “modern” roundabouts at Sun Road and Beaver Creek Place. Dan Burden, from his experience stated, “Walkability is a cornerstone of what we refer to as a sustainable community, one that has staying power.” When reflecting upon the sticker shock often associated with funding larger streetscape projects, Dan explained that “the big cost is not having access to bicycling, walking, and good social interaction. It’s not a matter of convincing people. It’s a matter of preparing for what the market is already demanding.” Public Outreach: In recent weeks the abutting property owners/managers on Beaver Creek Boulevard were contacted to discuss the project. Some were involved with the Blue Zones “Walkshop” in July and were pleased to hear about the prospect of this work moving forward. Matt Pielsticker, Planning Director, reached out to all of the properties and made direct contact with the following: Sheraton: David Weiss, General Manager Avon Center: Steve MacDonald, Avon Center Association Avon Center: Mike Brumbaugh, Venture Sports Alpine Bank: Brian Nestor, Vice President/Branch Manager FirstBank: Adina Dean, Executive Vice President – Eagle County Christie Lodge: Lisa Siegert-Free, Managing Director/General Manager Junction Building: Doug Jimenez, Hoffmann Commercial Real Estate Boat Building: Collin Baugh, Vin48 There was widespread support from everyone for the plan to revitalize Beaver Creek Boulevard with pedestrian and streetscape improvements. The Blue Zones report shows a comprehensive vision for a narrowed roadway, with more clearly defined spaces for the automobile and pedestrians; and, explains the potential for commercial renewal opportunities for the adjacent properties. The overall sense of excitement and support was overwhelming from the property representatives, when discussing the goals of the project. Learning that they must be actively involved, the representatives were eager to join in and to evaluate how to protect/enhance/relocate their entrances. PSA for Beaver Creek Boulevard Page 2 of 3 In addition, support for improvements and investments east of Avon Road were shared by multiple property owners acknowledging that there has been less Town investment in recent years in the east Avon core. Specific comments, which exemplify the property representatives’ responses are: “We love the concept for continuous, safe, sidewalks and real bike lanes. The lanes that were painted this year do not feel safe…” “This clearly adds value to the neighboring properties in terms of redevelopment.” “It’s going to be great, we can’t wait to be a part of it!” Long Range Planning Support In addition to the Blue Zone planning report, Avon’s Comprehensive Plan and adopted Transportation Plan support the walkability and safety concepts proposed for Beaver Creek Boulevard. Exhibit C provides specific excerpts from the plans. Staff Recommendation: The high rating by the Town’s street assessment is an important criterion in looking to implementing the proposed walkability program on West Beaver Creek Boulevard. Transportation planners and designers have made a significant shift in their approach to the design and intended function of streets. Conventional transportation planning was concerned primarily with the safe and efficient movement of cars. The existing design and layout of Beaver Creek Boulevard was a direct result of inflated traffic projections, prioritizing the automobile over other modes of travel, and minimizing the perceived congestion that can be confused with slower traffic speeds. Today, transportation planners are working with land-use experts and urban designers to create what has been termed “complete streets”. Complete Streets promote healthy communities by offering viable alternatives to driving. Not only do complete streets provide safe and accessible routes for all user groups, but they have been found to create marketable value for abutting private property. For the reasons of needed upgrade, planned future development and the opportunity to advance walkability and economic incentives, staff recommends full planning and bidding of the project in 2016, with construction planned for 2017, either as a complete project or in phases depending on the cost. We recommend Council authorize the Design Workshop Team to proceed with Tasks 1 thru 3; Project Start- Up, Development of a Preliminary Plan, and Public Outreach, which are provided as Attachment A. A more thorough understanding of project scope and construction cost would be gained, prior to completion of the remaining tasks: Design Development, Development of Construction Documents, and finally Construction. Recommended Motion: I move to authorize issuance of PSA for Design Services for the 2016 Beaver Creek Boulevard Reconstruction Project to Design Workshop for Tasks 1 thru 3 in the amount of $74,000, as described fully in Attachment A. Attachments: Exhibit A – West Beaver Creek Boulevard Sidewalk Report Exhibit B – La Jolla Case Study Exhibit C – Land Range Plans Attachment A – Project Approach & Schedule PSA for Beaver Creek Boulevard Page 3 of 3 EXHIBIT A TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From:Justin Hildreth, TownEngineer Date: December 3, 2015 Agenda Topic: West Beaver Creek Blvd sidewalk from Avon Elementary School to Lake Street Background: Currently, West Beaver Creek Blvd from Avon Elementary School to Lake Street has 2-12 FT wide lanes and a 8-FT wide bike/pedestrian lane on the south side of the road. The 8-FT wide bike/ped lane was constructed in 2007 as part of the asphalt road overlay. In 2007, Town Council’s direction was to improve safety with the 8-FT wide lane for pedestrian’s and bicyclists. Town Council did not recommend constructing a sidewalk because pedestrians can use the path system in the park. Discussion: The West Beaver Creek Blvd right-of-way is 80-Ft wide and is adequate to accommodate the construction of a 5-Ft wide sidewalk and the associated 2.5-Ft wide curb and gutter. The construction of the sidewalk may have an impact on some private landscaping located in the right-of-way. The leg from Avon Elementary School to Lake Street is 3,091 feet long and a preliminary cost estimate for the construction of the sidewalk is $945,000. The total project cost is estimated to be $1.2M which includes surveying, design fees and a contingency. The proposed 2016 capital project budget includes $150,000 to apply a surry seal on West Beaver Creek Blvd from US6 to Lake Street. The project includes a Walkability report recommendation to re-strip the road to include 6-Ft wide bike lanes on each side and not to strip the double yellow lines in the center from the railroad to Lake Street. The segment from US6 to the railroad will keep it’s current stiping configuration which includes bike lanes in each direction. The intent is to create a east-west bicyle corridor on East and West Beaver Creek Blvd. from US6 to Post Blvd. 9ĭƚƓƚƒźĭ.ĻƓĻŅźƷƭƚŅğƌƉğĬźƌźƷǤ Case Study: La Jolla Boulevard, Bird Rock Community, San Diego Priorto2003,LaJollaBoulevardintheBirdRock neighborhoodofLaJolla,Californiawasafour-lane boulevardmoving20,000carsperdaywithaverage speedsreaching38-42mph.Thedesignandwidthofthe roadwayandspeedoftrafficcreatedanenvironment unsafeforpediestransandunabletostilmuategrowth ffdidblilh amonglocalbusinesses. Inresponsetonumerouscommunitymembers demandingasaferwalkingenvironment,theCityofSan Diego,inpartnershipwiththecommunity,embarked uponastudytoimprovesafetyalongtheboulevard.The uponastudytoimprovesafetyalongtheboulevardThe result?Morenarrowtravellanes,fiveroundabouts, landscapedmediansandangledparking.Theseefforts slowedtrafficspeedsandimprovedpedestriansafety,but alsorevitalizedtheentirestreet. 160,000 δDƩĻğƷ 150,000 wĻĭĻƭƭźƚƓδ 140,000 wƚǒƓķğĬƚǒƷ Roundabout LƓƭƷğƌƌğƷźƚƓ InstallationYear; 130,000 (4Q2005) 120000, 120000 110,000 ActualSalesTax inGivenYear 100,000 20002002200520082010 Slif97llbi(2010)iBidRkhaes tax recepts rom oca usnesses n r oc sow an Slif97llbi(2010)iBidRkh upward spike in 2006 and 2007 immediately following the roundabout installation. hƷŷĻƩtƩƚƆĻĭƷ.ĻƓĻŅźƷƭ • Vehicular speeds decreased from 38-42 mph to 22-25 mph. • Businesses thrived: Bird Rock Coffee Roasters, a local business located on La Jolla Blvd, went from J doing an average of 275 transactions per day to 320-350 per day • Numerous new businesses opened during construction of the roundabouts, including CVS who signed a 40-year lease, indicating optimism for Bird Rocks long-term economic viability. Wiedemann, Liz. In Roundabout Way, Bird Rock Businesses Get Boost. San Diego Business Journal. 2008. EXHIBIT C LONG RANGE PLANS was developed with the In addition to the Blue Zone planning report, Avon’s Comprehensive Plan (2006) vision of a unified, multi-modal town center that includes mixed-use buildings and higher density construction. It acknowledges that there is a better approach to existing development patterns that contain large surface parking lots and low density development. Some of the Planning Principles, Goals, and Policies from the Comprehensive Plan that support this investment: Create strong auto, bicycle, and pedestrian connections to the East Town Center District via both East Beaver Creek Boulevard and Chapel Place. Encourage the design of Beaver Creek Boulevard to include a planted median. District 21: Nottingham Park Residential District. Nottingham Park is bordered to the west, north, and northeast by existing high quality residential development. “Provisions for pedestrians and bicyclists along West Beaver Creek Boulevard and adequate screening of parking and trash areas would help enhance the character of the area.” ) also speaks heavy to providing provisions for other modes of travel, The Town’s Transportation Plan (2009 especially where the right-of-way is wide enough to accommodate. An entire chapter is devoted to pedestrian and bicycle connectivity. The Transportation Plan supports the reduction of lanes on Beaver Creek Boulevard, while maintaining acceptable Level of Service. After lane reductions, the additional corridor width “could be used for streetscape improvements, pedestrian enhancements, and traffic calming measures.” The Transportation Plan contains these recommendations to support changes to Beaver Creek Boulevard: On-street parking should be considered to help reduce the off-street parking supply in the West Town Center. Traffic calming along West Beaver Creek Boulevard approaching Sun Road would help improve pedestrian safety. Pedestrian crosswalk on West Beaver Creek Boulevard just northwest of the Sun Road o intersection. This crosswalk would consist of texture/patterned pavement to give motorists a visual as well as tactile signal to slow down. By reducing the number of lanes and narrowing the existing lanes on West Beaver Creek o Boulevard, a raised center island could be installed to split the crossing into two stages. Streetscape improvements along West Beaver Creek Boulevard. Landscaping and street o furniture would enhance the pedestrian interest and experiences in this area. Similar road narrowing along East Beaver Creek Boulevard would improve the pedestrian environment and allow for streetscape enhancements and potential traffic calming measures. Collector roads should contain detached sidewalks, bike lanes, and reduced (11’) travel lanes. Attachment A PROJECT APPROACH + SCHEDULE PROJECT APPROACH TASK 1: PROJECT START-UP KICK OFF MEETING As part of the project initiation, the Design Workshop team will meet with Town of Avon staff (1) day kick-off meeting will outline the vision, goals and critical success factors and metrics for approach, schedule, public engagement and key stakeholder outreach strategy, scope and deliverables. FIRST MEETING WITH STAKEHOLDERS During this one day kick off meeting our team will also have an initial site meeting with the Stakeholders to identify their concerns and vision for the Beaver Creek Boulevard. We will tour the site and gather initial impressions that will inform the design of the preliminary plan. INFORMATION GATHERING Prior to the kick-off meeting, our team will coordinate with the Citys project manager to collect all available data, mapping resources and previous plans, and will identify any remaining data needs. This task includes the development of a new site survey, with mapping of existing facilities and topography. DELIVERABLES: Existing conditions base (1=20 scale) Project kick-off meeting email invites, agenda and meeting notes Memorandum outlining the goals and critical success factors for the project Memorandum outlining metrics and benchmarks for the project Written summary of utility research, Town requirements and other information impacting design drawings and execution Updated site survey As part of this Task, Design Workshop will coordinate and facilitate regular progress meetings to ensure on-going communication and coordination throughout the duration of the process and assure compliance with the project schedule outlined by the Town of Avon. We anticipate bi- weekly meetings via conference call as appropriate. TASK 2: PRELIMINARY PLAN The consultant team will utilize input from past planning efforts, stakeholder interviews and Town department representatives to generate recommendations for the development of two (2) preliminary plans that address both a possible mini roundabout at Beaver Creek Place and East Benchmark Road, and on street parking on Mikela Way. Both of these alternatives will involve close facilitation with our team members McDowell Engineering and MTJ Roundabout Engineering. These plans will provide recommendations for pedestrian facilities, bike facilities, mini-roundabout site furniture and a cohesive materials palette that will strengthen the aesthetic character 34 PROJECT APPROACH throughout the Boulevard. The proposed design alternatives will be in conformance with the Avon Town Center West Redevelopment Master Plan and Design Guidelines. The consultant team will provide graphics to communicate these conceptual ideas in the form of example photography and renderings for visual preference and character input. Each element will be integral to the future of Beaver Crek Boulevard and maximizing its economic and community The consultant team will develop a preliminary opinion of probable cost for the proposed alternatives, considering both the possibility of a new roundabout or a stop controlled intersection. DELIVERABLES: Preliminary plan: two (2) alternatives Reference image character boards Summary of the streetscape palette alternatives in the form of photos and text Two (2) rendered preliminary streetscape design alternatives in plan view Up to four (4) illustrative cross sections or illustrative graphics A preliminary opinion of probable cost for each of the two alternatives public review and input. Deliverables also will be provided in both electronic and paper format (up to 1 printed copies of each). TASK 3: PUBLIC OUTREACH Our team anticipates one (1) Public Open House and a series of Focus Group meetings to be held (on-site) following the development of the preliminary plans. During this outreach day, development of a preferred alternative. We will use these opportunities to base recommendations on a thorough understanding of what community members envision for the Boulevard. From a neighborhood and business community NORTH COLLEGE AVENUE CORRIDOR | Fort Collins, CO 35 PROJECT APPROACH required for implementation. Design Workshop utilizes a variety of tools to create worthwhile and useful public meetings, including real time keypad polling, small group exercises, mapping activities and prioritization exercises. The Design Team will attend meeting(s) for Planning and Zoning Commission review and approval, as well as up to two (2) Town Council Meetings. We anticipate that Town Staff will assist with preparing for and hosting the Open House and Focus Group meetings including reserving an appropriate space, advertising and sending invitations to the different stakeholder groups, ensuring support for the audio/visual presentation, preparation of comment cards and printing large format graphics provided by the Design Workshop team. DELIVERABLES: Agenda, Presentation Materials and Summary of results from initial Stakeholder meetings Large format graphics, in digital format PowerPoint presentation Keypad polling (optional) Public Open House and Focus Group meetings attendance - one (1) day Summaries of results from Public Open House and Focus Group meetings All of the materials from the public presentation, including keypad polling questions, will be available to be posted online after the meeting. TASK 4: DESIGN DEVELOPMENT The general objective for this phase of the work is to develop the character and detail of the approved Preliminary Plan, incorporating comments from the Public Outreach process. GONDOLA PLAZA PEDESTRIAN CROSSING | Aspen, CO 36 PROJECT APPROACH Prepare site demolition plans illustrating existing hardscape and landscape areas that will be demolished or preserved. Develop tree protection plans illustrating existing trees and other plant materials to be protected during the construction. sections, mini-roundabout(s) and on-site drainage systems. We anticipate that a geotechnical engineering report will be supplied by the Town, and will contain all relevant geotechnical design recommendations, including structural pavement sections and asphalt mix recommendations. We will coordinate with the Town, including all shallow utility providers and the Eagle River Water and Sanitation District for water and sewer. We will also review We will create models of the proposed alternatives intended to right-size the project corridor and compare them. Intersections will be analyzed as stop-control, mini-roundabouts and full roundabouts as applicable. Intersection treatments such as raised crossings, refuge islands, curb extensions, etc., will be incorporated. In addition, our team will review the pedestrian and bike route connectivity and recommend improvements within the project corridor. As the existing roundabout at Beaver Creek Boulevard and Avon Road was overbuilt, creating unfriendly pedestrian crossings, our team will collaborate to identify changes to the size, scale and performance of the roundabout, in order to make crossing simpler, safer and more attractive to pedstrians and bicyclists. We will analyze the impacts of each adjustment on the operation of the roundabout. Select site development materials and prepare design development details and enlargements. Prepare plans and cross sections for the boulevard and roundabouts, details for pedestrian and vehicular pavements, crosswalks, entries and site furnishings. Review materials and technical systems with potential fabricators and contractors. Develop site grading and drainage plans for all areas outside the building footprints including stormwater quality improvements. Prepare planting plans for all landscape areas to illustrate planting composition, plant species, locations and sizes of major planting features. Investigate plant availability. Prepare a preliminary irrigation plan illustrating overall irrigation intent in conformance with Town requirements. Prepare a preliminary lighting scheme. The design development materials will be assembled as a submittal package and submitted to the Towns Planning and Environmental Commission, Design Review Board, Art in Public Places Board and Avon Town Council. The submittal package will be in accordance with the Towns entitlement and approvals requirements and will include transmittals, graphic images, narratives and other information necessary to represent the park design for review. DELIVERABLES: 50% Design Development Submittal Package for staff review to include: Cover sheet Site hardscape and softscape reference plans Site demolition, plant protection and site preparation plans Site layout plans 37 PROJECT APPROACH Site material plans Site grading and drainage plans Landscape plans Irrigation plans Site details Site utility and lighting plans 90% Design Development Submittal Package for review by Town of Avon Boards Preliminary estimate of probable construction costs Attendance at entitlement and approval hearings TASK 5: CONSTRUCTION DOCUMENTATION + BIDDING construction drawings from the design development drawings and approvals. This set will to Avon Road roundabout, native and drought tolerant plantings, irrigation system, drainage, requirements for bidding, construction contracts, bonding, general conditions, engineers opinion bidding process. This work shall occur in the period after the completion of construction documents and prior to awarding a construction contract. responses. Prepare and issue addendums as required to answer questions. Avons standard construction documents and forms will be used in the construction bid package. DELIVERABLES: 90% Construction Drawings and Project Manual (Bid Package) Final opinion of probable construction costs Attend prebid meeting Addendums as required Written summary of bid results 100% Construction Drawings and Project Manual 38 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Virginia C. Egger, Town Manager Date: December 3, 2015 Agenda Topics: Agenda Item 5.3: Review and Recommended Action to Set a Maximum Building Square Footage and Budget for the Police Department’s Relocation to the Public Safety Facility at Lot 1B, Buck Creek Subdivision, and Preferred Option of Certificates of Participation for Funding, subject to Voter Approval on May 3, 2106 Agenda Item 5.4: Review and Recommended Action on the Second Amendment to the Intergovern- mental Agreement for a Joint Fire-Police Station Facility to Update the Design Schedule, to set the Methodology for the Land Purchase at Lot 1B Buck Creek Subdivision and the Conveyance Parcel, and to allow for a 2016 Construction Start Date BACKGROUND On November 10, 2015, Town Council tabled action a Second Amendment for a Joint Fire-Police Station Facility. Since that meeting, the following actions have occurred: Price of Land: Eagle River Fire Protection District (ERFPD) agreed to a purchase price of $852,042. The price was calculated based upon a review of methodologies for a schematic design completed th for the November 10 Council meeting, and most importantly, at the Town’s direction, without including financing costs for Lot 1A and adding the land calculation for the conveyance parcel to the total land area and value. Changes to the ERFPD Regional Facility Program:The ERFPD is evaluating reducing its current th program to eliminate the 4 fire bay, and move some storage and office demands to other facilities. The reduction of one fire bay and the smaller building size would free up a portion of the site, thereby allowing 10 to 14 additional surface parking spaces, which could be used for the Police Department needs. These proposed changes have allowed the Town the opportunity to revisit the schematic program layout developed to date. Efforts to Reduce the Price of the Avon Police Department Facility: The Council, during the th November 10 meeting, also voiced concerns about the size and cost of the project. The existing space needs assessment of the Police Department at Town build-out anticipates a staff of 28 employees, an increase from the current 22 police department employees. The assessment projected a need of 12,545 SF for the Police Department and 4,346 SF of shared space with the fire district. The shared spaces includes stairwells, elevator, mechanical and electrical room, lobby, 30- Page 1 of 6 seat conference room and workout area. Total parking at build out is projected at 32 vehicles, either in garage or surface parking. To meet the objective of reducing the scope and cost of the Police Department, other police stations were surveyed in mountain communities and the Breckenridge Police Station was found to be the most comparable having a current staff of 29. The Breckenridge station was constructed in 1996 and is 11,240 square feet. All vehicle parking is outdoors, with patrol cars provided canopy outdoor parking. A review of the Breckenridge space program meets or exceeds all the programmatic needs identified for a new Avon Police Department. ERFPD, Town of Avon, Davis Partnership Work Session st A work session was held on December 1 to review the changes described above for the design of the facility. The work group decided: 1.Davis Partnership, architect, and Evans Chaffee, General Contractor, should develop respective prices to update the schematic design based upon the proposed Fire District changes and Town’s direction to construct a Police Station of not more than 11,300 square feet. 2.The cost per square foot for the Town’s 11,300 square feet of building will not exceed $350/square foot including contingencies. 3.Davis Partnership will develop a new schedule to meet a July 1, 2016, ground break, as follows: a.If the Town and ERFPD approve the additional cost for schematic design changes, the redesign will be completed by December 22, 2015, and address whether the proposed changes can fit on the land and meet the needs of both parties. b.A go-no-go decision will be made at that time for a full revision of the schematic th design to be completed by January 25, and submitted to the contractor for pricing. c.The contractor requires three weeks to price the schematic design and is expected th to be completed by February 15, 2016. d.The pricing will be presented to Town Council for action not later than March 4, 2016, should Council wish to pursue a May 3, 2016, ballot question. th 4.The Town and ERFPD understood that being ready for the March 4ballot question deadline, will result in the full schematic redesign and pricing to be the best estimate of costs for ballot questions. The group understood, however, that Evans Chaffee’s level of pricing is much closer to development design pricing, and therefore, will be a reliable cost not to exceed. Updated Police Department Building Design Fees, Building Cost Estimate and Land Purchase Price Building Design Fees: In response to the fee update request, Davis Partnership has provided a total revised fee of $91,054 for the Schematic Plan Redesign. The existing Town share is governed by the Memorandum of Agreement Regarding Cost Sharing for Programming, Design and Pre-Construction Management of a Joint Fire-Police Station Facility between the Town of Avon and the Eagle River Fire Protection District dated June 9, 2015. Applying the formula in the MOU, total fees for the Town of Avon are now estimated to be: Page 2 Schematic Plan Redesign $ 59, 455 Plus Original Fees 290,435 Total Fees $349,890 It must be noted the MOU states the apportionment amounts are subject to change, “…when the actual designs for the Joint Public Safety Facility indicate a different square footage and different ratio of shared space, police department and fire department space”. Staff does believe the fees will change – and, most likely be somewhat higher. That number will not be known until after the Schematic Plan Redesign is completed. At Tuesday’s meeting, to move forward, Council will need to approve $59,455 in new fees for the Schematic Plan Redesign. In addition to Davis Partnership’s redesign fee, Evans Chaffee provided an additional fee for pricing the Schematic Plan Redesign totaling $8,500, Town share $4,250. These monies would be needed after the Schematic Plan Redesign is completed. st Building and Parking Cost Estimate: At the December 1 Work Session, the architect and contractor gave a preliminary and initial indication that the maximum square feet needed for the Police Department of 11,300 can be achieved and, without reservation, that $350/square foot is a reliable top estimate for construction cost. Police Chief Bob Ticer has asked if surface parking is best option to control costs, that covered canopy parking and secure fencing be provided for Police Department vehicles. In terms of staying within the 11,300 maximum square foot limit, the Chief Ticer will be working closely with the architect to meet that objective. With further thought after the work session. Town Engineer recommended that the Town use a cost per square foot of $315, with a 10% contingency. This approach provides $40,000 in less funding, but allows the Town a better approach to design development. Surface parking costs are estimated based upon the original Schematic Design estimates. Land Purchase Price: It is anticipated that, based upon the methodology to reach an agreed land price of $852,000, with schematic design changes, the Town’s cost of land will be less. This, nd however, cannot be calculated until the December 22 schematic update is completed. For now, the estimated price remains at $852,000. Based upon those parameters, the updated budget for the Police Department at Buck Creek is as follows: Page 3 Avon Police Station at Buck Creek Public Safety Facility Total Maximum Square Footage: 11,300 July 1, 2016 Ground Break* Facility Projected Cost Police Building at $315/SF$3,559,500 Contingency at 10%$355,950 Sub-total: Total Building Cost$3,915,450 Surface Parking Spaces: 28 $109,842 Sub-total: Building & Parking Costs$4,025,292 Soft Costs Estimate: Utility fees, dewatering, $309,224 survey, signage, IT, moving, legal, FFE, etc. Total Building & Parking $4,334,516 Construction Costs Estimated Land Acquisition Cost$852,000 Total Unfunded Project Costs$5,186,516 Architectural & Engineering Fees; & GC Pricing for Redesign $354,140 Currently Funded in the Capital Projects Fund: $320,000 Total Estimated Project Costs - 12/8/05$5,540,656 Total Estimated Project Costs - 11/10/05$7,527,224 *Estimated Additional Costs for a Spring 2017 Ground Break: $554,066 10% of Total Estimated Project Costs Updated Financing Options As shown in the table above, design fees are being funded currently from revenues in the Capital Projects Fund. Staff recommends these fees remain cash funded rather than being rolled into the debt issue needed for the balance of the project costs. (Funds needed beyond the current budget of $320,000, should first be considered from the contingency, then as a subsequent appropriation, if needed). As a result, funding in the amount of $5,186,516 will be needed for the project. Two options for financing a bond issue are: Real Estate Transfer Taxes – The Capital Projects Fund has shown its ability to finance debt up to $450,000 per year. The use of RETT, therefore, does not require a tax increase. The Council may or may not seek voter approval. Voter approval may be placed before the voters at any time. Page 4 Property Taxes – Either as a General Obligation debt issue or future exchange of RETT for property taxes, voter approval is needed and can only be presented at a November election. Annual Debt Service for the two options, with a range of terms, is as follows. The shaded cells indicate debt service which meets a maximum $450,000 annual payment, which can be supported by RETT. ANNUAL DEBT SERVICE TOTAL COST - BOND PROCEEDS $6,038,516 for Net of $5,186,516 True DEBT SERVICEDEBT SERVICE Interest Cost 30 YEARS COP (average interest rate)324,8963.18% G.O. (average interest rate)313,0872.92% 25 YEARS COP (average interest rate)358,7913.02% G.O. (average interest rate)347,0482.76% 20 YEARS COP (average interest rate)411,8852.79% G.O. (average interest rate)400,4492.53% 15 YEARS COP (average interest rate)505,8762.47% G.O. (average interest rate)494,6802.22% ACTIONS BEFORE TOWN COUNCIL I.Staff recommends Council consider the following action, by motion and vote to approve: 1.A Maximum Building Square Footage not to exceed 11,300 square feet, with surface parking; 2.A Maximum Budget as set forth in the line items shown in the table above, Avon Police Station at Buck Creek Public Safety Facility, with the exception of the land purchase cost, which is to be determined by the formula set forth in the recommended Second Amendment to the IGA (Agenda Item 5.4); 3.That Certificates of Participation are the preferred financing option, with a 20-year term, with rd the expectation of an election to be held on May 3, 2016; thth 4.That a Special Council Meeting be called for December 28 or 29 to review and approve the nd December 22Schematic Plan Redesign or authorize the Town’s Work Group elected representatives Mayor Jennie Fancher and Councilor Buz Reynolds to approve, if all parameters are met; 5.Authorize additional architecture fees to Davis Partnership in the amount of $59,455, for updating the December 22 Schematic Plan Redesign; Page 5 6.Authorize the Town Manager to release the balance of the design and pricing fees, subject to nd the December 22 Schematic Plan Redesign being approved. II.Staff recommends Council consider the approval of the Second Amendment to Intergovernmental Agreement for A Joint Fire-Police Station Facility between the Town of Avon and the Eagle River Fire nd Protection District, (IGA 2Amendment), as provided in this Council packet (Agenda Item 5.4). The Amendment changes include: 1.Updating the Design Schedule and allowing for a construction start date of July 1, 2016 2.Setting the methodology to determine the land purchase price for and required at Lot 1B Buck 3.Agreeing that upon the completion of the Avon Regional Fire Station, the Wildridge Station will no longer be used for ERFPD needs and the current Wildridge site will be vacated and returned to the Town in a clean manner 4.Agreeing that upon the completion of the Avon Regional Fire Station, the Avon Station lease will be terminated and the facility will be vacated and returned to the Town in a clean manner No other changes are recommended to the IGA at this time. Page 6 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Virginia C. Egger, Town Manager Date: December 3, 2015 Agenda Topic: Review and Recommended Action on the Second Amendment to the Intergovernmental Agreement for a Joint Fire-Police Station Facility Please reference the Town Council Report for Agenda Item 5.3, which provides a comprehensive review for the proposed action. Staff recommends Council consider the approval of the Second Amendment to Intergovernmental Agreement for A Joint Fire-Police Station Facility between the Town of Avon and the Eagle River Fire nd Protection District, (IGA 2Amendment), as attached.The Second Amendment changes include: Updating the Design Schedule and allowing for a construction start date of July 1, 2016 Setting the methodology to determine the land purchase price for and required at Lot 1B Buck Stating that upon the completion of the Avon Regional Fire Station, the Wildridge Station will no longer be used for ERFPD needs and the current Wildridge site will be vacated Stating that upon the completion of the Avon Regional Fire Station, the Avon Station lease will be terminated No other changes are recommended to the IGA at this time. ERFPD is not expected to take action until its regular meeting of December 18, 2015, therefore, the recommended motion should consider allowing minor, non-substantive changes to the IGA, to be approved by Mayor Jennie Fancher, upon review of Town Attorney Eric Heil. RECOMMENDED MOTION: Action to approve or approve with amendments or deny is as follows: “I move to approve/approve with amendments/deny the Second Amendment to the Intergovernmental Agreement for a Joint Fire-Police Station Facility, and to allow minor, non- substantive changes to the IGA to be made by the Town Mayor, subject to review by the Town Attorney. Attachments Second Amendment to the Intergovernmental Agreement SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT Second AmendmentEffective Date (“”) is made and entered into on December 18,2015,(“”)by Avon the Town of Avon, a home rule municipal corporation of the State of Colorado(“”) and the EagleRiver Fire Protection District, a quasi-municipal corporation and political subdivision of Fire the Stateof Colorado organized under Title 32 of the Colorado Revised Statutes (“ DistrictPartiesParty ”)(collectively, the “,”and each individually a “”). RECITALS WHEREAS , the Parties have entered into an Intergovernmental Agreement for a Joint Fire- Police Station Facility Between the Town of Avon and the Eagle River Fire Protection District IGA (“”), dated April 28, 2015; and, WHEREAS , the Parties have entered into a Memorandum of Agreement Regarding Cost Sharing forProgramming, Design andPre-Construction Management of a Joint Fire-Police Station Facility between theTown ofAvon and theEagle River Fire Protection District dated MOA June 9, 2015(“”); and, WHEREAS , the Parties have identified the need to update the schematic design and to set for a schedule to complete the design, engineering and pricing of aJoint Public Safety Facility; and WHEREAS, the Partiesdesire to determine the apportionment methodology for setting the cost for the acquisition of land;and,update and adjust the apportionment of costs and amend such other terms of the IGA as set forth in this Second Amendment; and, WHEREAS , Paragraph 14 provids that Parties may amend the IGA; and, WHEREAS ,this Second Amendmentis authorized pursuant to §29-1-201 and §30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. NOW THEREFORE , in consideration of the covenants and mutual agreementscontained herein, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by the Parties,the Parties hereto agreeas follows: 1.Effective Date. This Second Amendmentshall commence on the Effective Date. 2.Defined Terms. Capitalized terms used herein and not defined herein shall be as defined in the IGA and MOU. 3.Apportionment of Land Costs. The land for the Joint Public Safety Facility shall include Lot 1B, Buck Creek Subdivision,Filing No. 1, Avon, Coloradoand the Reconveyance Exhibit A: Bubble Diagrams –Original SD Package Parcel depicted as the “Buyback” area in to this Second Amendment. The Bubble Diagrams will be updated by not later than December 22, 2015, by Davis Partnership, architects for the Parties. Once the Bubble Diagrams have been approved by both Parties,the Parties agree that the cost of the land shall be apportioned using a ERFPD-Avon Second Amendment December 3, 2015 Page 1of 4 formula based on the proportionate share of the use by each party “at grade” as depicted in the Exhibit B: At Grade Site Use Analysis attached . An example,of how the formula shall be applied, is as follows: At Grade Use Approach + 50/50 Shared Land Split $1,682,063.94 Cost of Acquisition of Lot 1B, Buck Creek Subdivision Filing No. 1, Avon, CO $170,202.00 Cost of Reconveyance Parcel $1,852,265.94 TOTAL LAND COST Area and Share of UseAT GRADETOTAL LAND AREA89,050 Fire 25.00% 22,263 Police 17.00% 15,139 ERFPD AT GRADE Proportionate Land Cost $463,066.49 TOA AT GRADE Proportionate Land Cost $314,885.21 51,649 Remaining Shared Land and Unused Land Fire 50.00% 25,825 Police 50.00% 25,825 ERFPD Proportionate Land Cost $537,157.12 AVON Share of Land Cost $537,157.12 ERFPD SHARE OF TOTAL LAND COST= $1,000,223.61 AVON SHARE OF TOTAL LAND COST= $852,042.33 $1,852,265.94 Avon’s share of the land cost,is expected to not exceedthe amount of $852,042.33. Any amount greater,shall not be increased without an amendment to theIGA. 4.Schematic Design Layout. The Parties agree that the schematic design layout depicted in Exhibit A: Bubble Diagram –Orginal SD Package shall be updated by not later than December 22, 2015. At that time, the Parties shalladoptor shall not adoptaSchematic Plan Redesign, by not later than December 29, 2015,as final, by the respective Party’s elected representatives ordelegee, for cost estimating, and additional pre-construction work. Should a Party or Parties not adopt the Schematic Plan Redesign, the Parties shall make a determination as to whether to proceed in the Joint Public Safety Facilityat Buck Creek.Although the Parties acknowledge that additional revisions to the Schematic Plan Redesignlayout may occur during subsequent phases of thedesign process, each Party agrees that no changes to the Schematic Plan Redesign layout that adversely affects the design, construction, programming or expected maintenance and operation cost of either Party shall be made unless the adversely affected Party agrees to such change in writing and by amendment to the IGA to adopt a new Schematic Plan Redesign layout. 5.Update of Project Schedule. The parties agree that the attached schedule presented as Exhibit C shall serve as the project schedule. Minor modifications maybe made the Avon Town Manager and Fire District, when mutually agreed to in writing. ERFPD-Avon Second Amendment December 3, 2015 Page 2of 4 6.Construction Schedule. The Parties acknowledge that construction costs are expected to increase over the next 12 to 18 months and therefore the Parties agree to consider and pursue, to the extent feasible as determined by each Party, an accelerated construction schedule permitting construction to commence in 2016. 7.Vacation of the Wildrige. The District agrees that within 30 days of the District receiving its Conditional Certificate of Occupancy or Certificate of Occupancy the District shall fully vacate the Wildridge Fire Stationand return the property to Avon in a tenant-cleaned condition. 8.Termination of Lease and Vacation of the Avon Fire Station. The District agrees that agrees that within 10 days of the District receiving its Conditional Certificate of Occupancy or Certificate of Occupancy the District, the Town may terminate its existing lease with the District for the Avon Station. 9.Other Terms in FullForce and Effect. All other terms in the IGA shall remain in full force and effect. EXECUTION PAGE FOLLOWS \[\] ERFPD-Avon Second Amendment December 3, 2015 Page 3of 4 EXECUTED as of the date first written above. TOWN OF AVON, COLORADO BY:ATTEST: ___________________________________________________________________ Jenny Fancher, MayorDebbie Hoppe: Town Clerk APPROVED AS TO FORM: ____________________________________ Eric J. Heil, Esq., Avon Town Attorney EXECUTED as of the date first written above. EAGLE RIVER FIRE PROTECTION DISTRICT BY:ATTEST: _________________________________________________________________ Jennifer Cartmell Hays, ChairpersonClark Shivley, Secretary APPROVED AS TO FORM: ____________________________________ James P. Collins,Esq. ERFPD-Avon Second Amendment December 3, 2015 Page 4of 4 IDTaskNameDurationStartFinish rilJulyOctoberJanuaryAprilJulyOctoberJanuaryAprilJulyOctoberJanuaryAprilJulyOctob BMEBMEBMEBMEBMEBMEBMEBMEBMEBMEBM ЊЋΉБ DesignFeesApproved0daysTue12/8/15Tue12/8/15 1 2 SchematicDesign35daysTue12/8/15Mon1/25/16 ЊЋΉЊЏ 3 ReviewSDRevisonProgress0daysWed12/16/15Wed12/16/15 ЊЋΉЋЋ 4 SDSignoff0daysTue12/22/15Tue12/22/15 ЊΉЎ 5 GoToMeetingProgressReview0daysTue1/5/16Tue1/5/16 ЊΉЊЋ 6 SuperSDSetProgressReview0daysTue1/12/16Tue1/12/16 ЊΉЊВ 7 OptionalProgressMeeting0daysTue1/19/16Tue1/19/16 ЊΉЋЎ 8 IssueSuperSDSetforPricing0daysMon1/25/16Mon1/25/16 9 ContractorSuperSDEstimate15daysTue1/26/16Mon2/15/16 ЋΉЋЍ 10 ContractorEstimateReview&Approval0daysWed2/24/16Wed2/24/16 DesignDevelopment22daysThu2/25/16Fri3/25/16 11 12 DDCostEstimate10daysFri3/25/16Thu4/7/16 ЍΉА 13 DDApproval0daysThu4/7/16Thu4/7/16 14 ConstructionDocuments40daysMon3/28/16Fri5/20/16 BuildingPermitSubmittalReview15daysMon5/23/16Fri6/10/16 15 16 RespondtoBldg.PermitComments10daysFri6/10/16Thu6/23/16 ЏΉЌЉ 17 BuildingPermitsObtained0daysThu6/30/16Thu6/30/16 18 Construction365daysFri7/1/16Thu11/23/17 Page1 TOWN COUNCIL COVER REPORT To: Mayor and Town Council From: Willey Gray, Chief Building Official Matt Pielsticker, Planning Director Date: November 30, 2015 Agenda Topic: Second Reading and Public Hearing of Ordinance 15-09 Adopting the 2015 International Building Codes including the Wildland Urban Interface Code, and Implementing an Exterior Energy Offset Program Summary The attached Ordinance 15-09 adopts the 2015 International Building Codes(2015), including the Wildland Urban Interface (WUI) Code for fire preparedness. Additionally, an amendment to Title 15: Building Code, Avon Municipal Code, is included to implement a new Exterior Energy Offset Program(EEOP) to balance the high energy use demands of additional snowmelt systems, hot tubs, and pools in Town. This report is intended to provide Council with a summary of what is involved, what stays the same, what changes to expect, and staff’s proposed adoptions and exclusionsto the codes. th First Reading October 27 First reading of Ordinance 15-09 took place at the October 27, 2015 meeting, where direction was provided to delay second reading until December 8, 2015 and perform additional outreach to the building community. Staff targeted residential and commercial contractors who have worked or are currently working in Town including RA Nelson, Evans Chaffee, and others. There were few concerns with the new code adoption, however, there was general consensus that continuous insulation (ci) requirements could add approximately 7% to framing costs, and the payback for this modified insulation assembly could take several years to payback the upfront costs. Since this requirement is not a fire and life safety issue, Staff is proposing to leave the construction detail for continuous insulation as anoptionto residential contractors. Both The Town of Eagle and Vail have provided the same exceptionin their code adoptions. This is the only change to Ordinance 15-09 since first ready; please refer to Section 3.D. of the Ordinance in red text for added language. International Building Code The International Building Codes (IBC) are revised every three years. The Town of Avon adopts the most current edition of the International Building Codes every six (6) years. Currently, the Town of Avon utilizes the 2009 edition. A large portion of the IBCdeals with fire prevention. It differs from the related International Fire Code in that the IBC addresses fire prevention in regard Ordinance 15-09 International Building Codes Page | 1 to construction and design;the fire code addresses fire prevention with respect to the operation of completed and occupied buildings. For example, the building code sets criteria for the number, size and location of exits in the design of a building while the fire code requires the exits of a completed and occupied building to be open and not blocked in any way. The building code also deals with access for the disabled and structural stability. The IBC applies to all structures in areas where it is adopted, except for one and two family dwellings (see International Residential Code). Parts of the IBC reference other codes including the International Plumbing Code, the International Mechanical Code, the National Electric Code, and various National Fire Protection Association standards. Therefore, when the Town of Avon adopts the 2015 IBC, it also adopts those parts of other codes referenced by the IBC. New to Avon for 2015 is the WUI code that will implement fire mitigation strategies for new construction. Codes The 2015 Building Codes includes the following components: Building Code Fire Code Fuel Gas Code Mechanical Code Plumbing Code Existing Building Code (new to Avon) Energy Code Residential Code Wildland-Urban Interface Code (new to Avon) Latest edition of the International Electrical Code (IEC) Why does the Town update the IBC every six (6) years? To ensure the public’s safety To keep current with recent studies, industry standards, new technologies and materials To maintain reasonable insurance rates in the vicinity Adopting the new code updates every three (3) years would provide unnecessary burden on the Town’s limited staff resources. Many of the code changes will be refined in each edition and, any major changes that occur in an edition that is not in the code cycle are adopted by ordinance without having to adopt that entire edition thus keeping up with major changes without having to go through a re-write of the Town Code. Committee Analysis of the 2015 IBC The Town’s Building Official has participated in joint meetings with builders, Architects, engineers, building inspectors, and building officials. The meetings were held to go over the changes within the IBC and any proposed changes that may be added or changed for local jurisdictions. It is necessary to reach out to the build community in the process of code adoption to bring as many interested parties to the table to better inform them as to what is coming their way in any new code edition. In conversations with Martin Haeberle, Building Official for the Ordinance 15-09 International Building Codes Page | 2 Town of Vail, the committee came to the conclusion that a joint effort to conduct meetings and bring stake holders to the table would be the best way to proceed. The adoption of the 2015 IBC marks the first time that all local jurisdictions are aligned and on the same edition of the building code. In the past, each town and Eagle County tended to be on a different cycle of building code adoption, which created confusion among the building contractors in the valley. Minturn may be the only local jurisdiction not prepared for this new edition of the IBC. Meetings were held starting in the last half of 2014 to covereach of the different codes and the changes/amendments to consider locally. Some of the local amendments would be things that are unique to a specific area such as snow loads, wind, seismic and flooding requirements. Meetings were held in Vail and Avon with invitations to all other jurisdictions with the hope that the 2015 codes could be adopted either mid 2015 or not later than the first of the 2016. At present, both Vail and Avon are on track to adopt in 2015; Eagle County may be in early 2016, and Eagle not far behind. Other Municipalities Adopting the 2015 IBC Town of Estes Park – expected by end of the year Town of Vail – recently approved, effective 1/1/16 Eagle County – expected early 2016 Town of Eagle – expected in 2016 Changes and Proposed exceptions toIBC : Every community has a growing number of older buildings that 1.NEW, Existing Buildings were built to the most current code when they were built. These buildings may not meet the newer codes and yet are still viable and have many more years of service. It was determined by the code council that there must be a way to deal with the additions, alterations and change in occupancy of these buildings. The Building Code contained Chapter 34, which dealt with existing buildings, however, it was determined that the growing number of existing buildings represented a larger amount of the permits issued and there needed to be a more unified way to address these structures in a standalone code. There are several ways to look at existing buildings and bring them into compliance. The first way is a prescriptive method which looks at structural design and materials, making sure the building are structurally safe and can continue to be of service. Along with the structural elements, the Fire Code is used to bring life safety elements into compliance to further make these buildings compliant. The second way is a performance method which uses Chapter 14 in the existing building code, whereby the building information is put into formulas and a final score is given to the building based on Fire Safety, Means of Egress, and General Safety. A lower score would prompt upgrades in any or all of these categories. All elements of the code are applied with respect to not only life safety items but energy, mechanical, and ADA requirements. Staff Recommendation: Adopt as drafted. Ordinance 15-09 International Building Codes Page | 3 : Added in 2012, outside of the 2.NEW, Residential Efficiency and Continuous Insulation Town’s adoption cycle, there are changes to Chapter 11 (Energy Efficiency) in the Residential Code. Specifically, Table R402.1.2., requires a continuous insulation barrier while maintaining the same R value for the cavity requirements. Although the insulation, or R values, for cavity insulation did not go up, a continuous insulation barrier is now required. This was optional in the 2009 code as stated with “or” language. In the 2012 edition of the IBC the continuous insulation was required but only 5 or 10 R value depending on the cavity value. The 2015 code now requires the standard R 20 for cavity insulation plus an R 5 of continuous insulation either on the inside or exterior of the building. Continuous insulation (ci) is the only way to block thermal bridging. Wrapping the exterior wall in a continuous layer of rigid foam or other products protectsthe cavity and the stud, thereby providing a higherR-value in several ways: Continuous insulation minimizes the temperature differential between the cavity and the stud, reducing heat loss and increasing the effective R-value of the wall system With continuous insulation, the dew point moves from inside the cavity to the exterior wall, preventing mold and mildew accumulation inside the wall When combined with a drainage plane and moisture barrier, continuous insulation provides better protection against water intrusion, reduces material degradation and extends the service life of the home or building Cavity insulation(or batt insulation) limits thermal protection to the wall cavity and creates a thermal bridge (thermal shorts) for heattransfer through framing studs. Exterior walls with their inherent thermal bridging from the wood framing contribute to 1 17% of the total heat loss of the house This thermal bridging encourages condensation and moisture build-up between gypsum or conventional wood sheathing and batt insulation. Condensation compromises the wall assembly by: Reducing the R-value of cavity batts Encouraging mold and mildew Shortening the service life of the wall assembly Continuous insulation (ci) offers excellent performance. 1 “Energy Usage Comparisons of Identical, Non-inhabited Residential Homes with Two Types of Insulation and a Program Simulation of the Required Heating Loads” - Ohio State University Department of Mechanical Engineering Environmental Control Group Ordinance 15-09 International Building Codes Page | 4 Higher R-value: Building experts consider continuous insulation a best practice. Using closed-cell foam insulation provides a very high level of rated R-value per inch and the highest level of effective R-value per inch. Thinner wall profile: With roughly twice as much R-value per inch as traditional batt, closed-cell foam insulation maximizes thermal performance while minimizing wall thickness. Continuous insulation is now a prescriptive ASHRAE 90.1-2007 standard for above-grade, steel-frame commercial buildings in six out of eight U.S. climate zones (including Avon). In residential construction, continuous insulation is a very cost-effective option in climate zones where R-20 or R-13+R-5 is mandated under the International Energy Conservation Code (IECC). Less waste: Products such as high-performance foam insulation provide durability, moisture resistance, and the highest available R-values per inch – three qualities that help buildings last longer and send less waste to landfills. Staff Recommendation: Provide the option in 2015 code adoption with continuous or traditional insulation design. 3.EXISTING CODE BUT NEVER ADOPTED,Sprinklers for new Residential (R3)–In the 2006 Residential Code a provision was put into the code that required new single-family, duplex, triplex, and fourplex residential buildings to be fire sprinkled. These fire sprinkler systems were new to the code and did not need to be either 13 R or 13 D design (the common approved designs for fire sprinkler systems);they instead,were a newer hybrid design that usesthe building’s water distribution system to supply the fire sprinklers. These systems are not designed to protect the structure, but only to give more time to get out of the building. There was great concern by the Fire representatives at the code hearings that lives could be saved with the addition of residential fire sprinkler systems and it was therefore voted into the code. Not all jurisdictions believed that there was a large loss of life in residential fires and the newer systems were simply an added cost that resulted in no measurable increase in safety. In 2009, the Town of Avon deleted this section in the Residential Code and fire sprinkler systems are not currently required for 1-4 unit residential buildings. It should be noted that subdivisions such as Mountain Star that have a longer response time for the fire district are required by subdivision agreements to have fire sprinklers in their homes. Multifamily apartments and similar buildings are still required by the Building Code to have fire sprinklers. Staff Recommendation: Continue this code exception with the 2015 code adoption. 4.EXISTING CODE BUT NEVER ADOPTED,Wildfire Urban Interface Code Adopting the WUI code is the first step in addressing the fire danger to homes and brings the Town into alignment with Eagle County and other mountain jurisdictions. Thiscode has been available since 2012 but not adopted in Avon.The WUI Code sets the minimum Ordinance 15-09 International Building Codes Page | 5 requirements for mitigation of fire in the wildland-urban interface and is set to be adopted with this Ordinance. This code is designed to bridge the gap between enforcement of the building codes and the fire code by mitigating the hazard of wildfires through regulations, which safeguard the public health and safety in the community. Requirements within this code include design and installation requirements for exterior elements of homes such as walls, doors, roofs and eaves; it also extends to other elements such as vegetation and clearance around structures. The WUI code requires the Town to set the “Interface Area” where the regulations will apply. Staff has concluded that the applicable areas that meet the required findings include: Wildridge, Mt. Star, area South of Hwy 6 including Assent and Folson properties, and upper Village at Avon residential. For the purpose of this code, minimum requirements for emergency vehicle access and water supply for buildings and structures located within the WUI area will be established. Of note, most of the existing buildings in Mt. Star meet these requirements because fire hydrants and residential sprinklers are in place. Items that are considered in the building of new homes are: Roofing Exterior Walls/Siding Glazing, doors Vents Under floor enclosures Landscaping These requirements can generally be met with fire retardant wood products, heavy timber or other ignition resistant construction. Landscaping requirements for creating defensible space will be triggered and cross-referenced with the Development Code. Ordinance 15-09 International Building Codes Page | 6 Staff Recommendation: Adopt the WUI code as drafted and defined herein. NEW ENERGY PROGRAM, NOT IBC, Exterior Energy Offset Program 4. The concept for an Exterior Energy Offset Program (EEOP) was recently proposed by Walking Mountains Science School to members of Town staff and Councilor Smith-Hymes as a way to balance the high energy output systems with energy improvements elsewhere in Town. The collective group felt that the program had merit and should be pursued in Avon. The EEOP is a model that can be applied valley-wide and is intended to offset the energy produced by snowmelt systems and heated pools/spas which tend to consume proportionately large amounts of energy. If a property owner decided to install these types of outdoor improvements (and could not offset at least 50% of the power consumption needs of these outdoor improvements with alternative energy sources) a fee would be applied and collected at the time of building permit. Fees are are based on square footage of the system. For example, the Wyndham project includes a heated plaza entry and garage ramp totaling 9,454 square feet. The applicable fee would have been calculated as follows: 9,454–200=9,254 x $16/per sq. ft.= $148,064. The initial design drawings for the joint public safety facility included 11,772 sq. ft. of snowmelt, thereby requiring a $185,152 fee if on-site power generation (i.e. geothermal) equal to 50% of the energy needs of the snowmelt area could not be met on-site. Wyndham Fees would then be collected by the Town and could be diverted to the Walking Mountains Energy Smart Program to save energy on other properties through education, energy audits, incentives, and “quick fix” items installed by Walking Mountains trained staff or local contractors. While there would be flexibility with how the funds could be utilized, Walking Mountains has proposed the following allocation: Ordinance 15-09 International Building Codes Page | 7 Residential Energy Assessments = 25% (paid to local contractors) Residential Quick Fix Materials = 5% (installed during assessments: LED bulbs, weather stripping, water heater blankets, programmable thermostats etc.) Residential Rebates = 25% ($500 annual max is current amount: solar, energy efficiency, radon mitigation) Commercial Rebates = 20% ($1200 annual max is current amount) Energy Coaching/Education/Outreach/Marketing = 20% (Energy Smart staff time, seasonal marketing campaigns/ads/Avon specific materials) Avon Town Staff Admin = 5% with a maximum not to exceed These priorities could be adjusted based on the needs of the community. For example, the Town Council could determine that solar energy systems should receive a higher priority, or low-income housing improvements.As drafted, low-income and affordable housing incentives are already prioritized. Staff Recommendation Approve Ordinance 15-09 on Second Reading, thereby adopting the 2015 IBC and Exterior Energy Offset Program. Proposed Motion “I move to approve Ordinance 15-09 on Second Reading, approving the adoption of the 2015 International Building Codes, including the Wildland Urban Interface Code; and approving an Exterior Energy Offset Program for the Town of Avon.” Attachment Ordinance 15-09 Ordinance 15-09 International Building Codes Page | 8 TOWN OF AVON, COLORADO ORDINANCE NO. 15-09 SERIES OF 2015 AN ORDINANCEADOPTING THE 2015INTERNATIONAL BUILDING CODE BY REFERENCE, REPEALING, RE-ENACTING AND AMENDING CERTAIN INTERNATIONAL BUILDING CODE CHAPTERS, ADOPTING THE EXTERIOR ENERGY OFFSET PROGRAM, AND REPEALING CHAPTER 15.24 SOLID FUEL BURNING DEVICES WHEREAS, pursuant to C.R.S. §31-15-103,§31-15-104,and §31-20-105 and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council has the powerto adopt building code regulations, to provide penalties for violations of adopted building codes, to elect to collect delinquent charges and assessments by certifying such amounts to the Eagle County treasurer, and make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, the Town Council finds that the adoption of the 2015International Building Codes will improve the standards for construction and maintenance of buildings and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, the Town Council desires to adopt the 2015 International Building Codes by reference with certain amendments as described in this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended onlyto confirm that the Town Council desiresto comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN 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.Chapter 15.08 International Building CodeAmended. Chapter 15.08of the Avon Municipal Code is amended as follows: A.15.08.010–Adoption. is repealed and re-enacted to read as follows: Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 1of 27 15.08.010 -Adoption. (a)The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2015 International Building Code, excluding Chapter 27, Electrical, and including Appendix C, Group U—Agricultural Buildings, Appendix E, Supplementary Accessibility Requirements, Appendix J, Grading, and the generic fire-resistive assemblies listed in the FireResistance Design Manual published by the Gypsum Association, most current edition, as referenced in the specified International Building Code. (b)The 2015 International Building Codeis published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. Copies of the 2009 International Building Codeare on file in the office of the Town Clerk and are available for inspection during regular business hours. B.15.08.020–Additions or modifications. is repealed and re-enacted to read as follows: 15.08.020 -Additions or modifications. The 2015 International Building Codeis amended and changed as described in Sections 15.08.030 through 15.08.160 below. C.Sections 15.08.300–Violation, 15.08.310 –Penalty15.08.330–Validity , and are amended to change the reference “2009 International Building Code” to “2015 International Building Code.” Section 3.Chapter 15.10 International ResidentialCode Amended. Chapter 15.10of the Avon Municipal Code is amended as follows: A.15.10.010–Adoption. is repealed and re-enacted to read as follows: 15.10.010 -Adoption. (a)Section 6.9 of the Town Charter provides that standards codes may be adopted by reference with amendments. The Town adopts the 2015International Residential Code for One-and Two-Family Dwellings, excluding Chapters 36, 37, 38, 39 and 40 and including Appendix G. (b)The 2015International Residential Code for One-and Two-Family Dwellingsis published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2009 International Residential Code for One-and Two-Family Dwellingsis on file in the office of the Town Clerk and is available for inspection during regular business hours. B.15.10.020–Additions or modifications. is repealed and re-enacted to read as follows: 15.10.020 -Additions or modifications. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 2of 27 The 2015International Residential Code for One-and Two-Family Dwellingsis amended and changed as described in Sections15.10.030 through 15.10.140 of this Chapter. C.15.10.110–Table R301.2(1) –Climatic and Geographic Design , sub-section b) is amended to read in its entirety as follows: b) Wind speed: 115miles per hour b.1) Topographical affects –NO b.2) Special Windregion –NO b.3) Wind –borne debris –NO D.15.10.130–Table R402.1.2 –Insulation and Fenestration Requirements, by component is amended to read as follows: “Climate Zone 6-Wood frame wall R-value 20 or 20+5 or 13+10” E.Sections 15.10.300 –Violation, 15.10.310–Penalty15.10.330–Validity , and are amended to change the reference “2009 International ResidentialCode” to “2015 International ResidentialCode.” Section 4.Chapter 15.12 NationalElectricalCode Amended. Chapter 15.12of the Avon Municipal Code is amended as follows: A.15.12.010–Adoption. is repealed and re-enacted to read as follows: 15.12.010 -Adoption. The Town adopts the 2014 National Electrical Code. The 2014 National Electrical Code is published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. A copy of the 2014National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. B.Sections 15.12.300–Violation, 15.12.310–Penalty15.12.330–Validity , and are amended to change the reference “2008 NationalElectricalCode” to “2014 NationalElectricalCode.” Section 5.Chapter 15.14 International PlumbingCode Amended. Chapter 15.14of the Avon Municipal Code is amended as follows: A.15.14.010–Adoption. is repealed and re-enacted to read as follows: 15.14.010 -Adoption. The Town adopts the 2015International Plumbing Code and all appendix chapters thereto. The 2015International Plumbing Code is published by the International Code Council, Inc., 500 Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 3of 27 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2015International Plumbing Code is on file in the Town Clerk's office and is available for inspection during regular office hours. B.15.14.020–Additions or modifications. is repealed and re-enacted to read as follows: 15.14.020 -Additions or modifications. The 2015International Plumbing Codeis amended and changed as described in Sections 15.14.030 through 15.14.080 of this Chapter. C.Sections 15.14.300 –Violation, 15.14.310–Penalty15.14.330–Validity , and are amended to change the reference “2009 International Plumbing Code” to “2015 International PlumbingCode.” Section 6.Chapter 15.16 International MechanicalCode Amended. Chapter 15.16of the Avon Municipal Code is amended as follows: A.15.16.010–Adoption. is repealed and re-enacted to read as follows: 15.16.010 -Adoption. The Town adopts the 2015International Mechanical Code.The 2015International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2015International Mechanical Codeis on file in the Town Clerk's office, and is available for inspection during regular office hours. B.15.16.020–Additions or modifications. is repealed and re-enacted to read as follows: 15.16.020 -Additions or modifications. The 2015 International Mechanical Codeis amended and changed as described in Sections 15.16.030 through 15.16.060 of this Chapter. C.Sections 15.16.300 –Violation, 15.16.310–Penalty15.16.330–Validity , and are amended to change the reference “2009 International Mechanical Code” to “2015 International MechanicalCode.” Section 7.Chapter 15.18 International Fuel GasCode Amended. Chapter 15.18of the Avon Municipal Code is amended as follows: A.15.18.010–Adoption. is repealed and re-enacted to read as follows: 15.18.010 -Adoption. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 4of 27 The Town adopts the 2015International Fuel Gas Codeand all appendix chapters thereto. The 2015International Fuel Gas Codeis published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2015International Fuel Gas Codeis on file in the Town Clerk's office and is available for inspection during regular office hours. B.15.18.020–Additions or modifications. is repealed and re-enacted to read as follows: 15.18.020 -Additions or modifications. The 2015 International FuelGas Codeis amended and changed as described in Sections 15.18.030 through 15.18.070 of this Chapter. C.Sections 15.18.300 –Violation, 15.18.310–Penalty15.18.330–Validity , and are amended to change the reference “2009 International Fuel GasCode” to “2015 International Fuel Gas Code.” Section 8.Chapter 15.20International FireCode Amended. Chapter 15.20of the Avon Municipal Code is repealed in its entirety and re-eacted to read as follows: CHAPTER 15.20 -International Fire Code 15.20.010–Adoption. (a)The Town adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the certain standards known as the 2015International Fire Code, including Appendix E Hazardous Categories, and Appendix F Hazard Ranking, save and except such portions as are hereinafter deleted, modified or amended by this Chapter. (b)The 2015International Fire Codeis published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. A copy of the 2009 International Fire Codeis on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.20.020 -Additions or modifications. The 2015 International Fire Code is amended and changed as described in Sections 15.20.030 through 15.20.130. 15.20.030 –Section 102.4 -Application of building code. Section 102.4, Application of building code, is amended to read as follows: Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 5of 27 “102.4 Application of building code. The design and construction of new structures shall comply with the InternationalBuilding Code and theInternational Fire Code,and any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the International Building Code, shall be made in accordance therewith.” 15.20.040–Section 102.7 -Referenced codes and standards. Section 102.7, Referenced codes and standards, is amended to read as follows: “102.7 Referenced codes and standards.The codes and standards referenced in this code shall be the most currently published edition ofthose that are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.” 15.20.050-Section 104.6 –Official Records. Section 104.6 is amended by the deletion of 104.6.2 –Inspections, 104.6.3 –Fire Records and 104.6.4 –Administrative. 15.20.060 –Section 104.9 –Alternative materials and methods. Section 104.9, Alternative materials and methods, is amended to read asfollows: “104.9. Alternative materials and methods.The provisions of the code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provide that any such alternative has been approved. The fire code official is authorized to approve an alternative material or method of construction where the fire code officialfinds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the fire code official shall respond in writing, stating the reasons why the alternative was not approved.” 15.20.070-Section 104.11 –Authority at Fires and Other Emergencies. Section 104.11 is amended to read as follows: “104.11 Authority at fires and other emergencies.The fire chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or property, or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 6of 27 necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene, and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing that could impede or interfere with the operations of the fire department and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof. Fire alarm panel trouble signals, maintenance signals, testing signals or other signal as approved in writing by the Fire Chief shall not be construed as an emergency fire condition.” 15.20.080-Section 104.11.3 –Systems and Devices. Section 104.11.3 is amended by adding the following language: “Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire Chief shall not be construed as an emergency fire condition.” 15.20.090-Section 105–Permits Required. Section 105.1.1 is amended to read as follows: “105.1.1 Permits Required.Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. (For permit applications and inspections contact the Eagle River Fire Protection District at 351 Benchmark Road, Post Office Box 7980, Avon, Colorado, 81620. Phone: 970-748-9665)” 15.20.070 Section 105.6 –Required Operational Permits. (a)Section 105.6, Required operational permits, is amended as follows: “105.6 Required Operational Permits.The fire code official or authorized designee is authorized to issue operational permits or the operations set forth in Sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44.” (b)All subsections of Section 105.6 are deleted all except sections 105.6.2, 105.6.4, 105.6.9, 105.6.21, 105.6.30, 105.6.31, 105.6.37 and 105.6.44. 15.20.080 Section 105.7 –Required Construction Permits. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 7of 27 Section 105.7,Required construction permits, is amended to delete all subsections except Subsections105.7.1, 105.7.3, 105.7.11and 105.7.14.Section 105.7.14is amended to read as follows: 105.7.14Temporary membrane structures and tents.A construction permit is required to erect an air-supported temporary membrane structure, a temporary stage canopy or a tent having an area in excess of 400 square feet. Exceptions: 3. Tents and awnings open on all sides, which comply with all of the following: 3.1. Individual tents shall have a maximum size of 700 square feet (65m2) 3.2. The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (36558mm) shall not exceed 700 square feet (65m2) total. 3.3. A minimum clearance of 12 feet (3658mm) to structures and other tents shall be maintained 15.20.090 Section 108 –Board of Appeals. Section 108, Board of Appeals,is amended to read as follows: “108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by the Avon Town Council. The fire code official shall be an ex officio member of said board butshall have no vote on any matter before the board. 108.1.1 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 8of 27 108.2 Limitations on Authority.An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code.” 15.20.100 Section 202 –General Definitions (a) False Alarmis amended to read as follows: “False Alarm.The deliberate reporting of an alarm for which no such fire or emergency actually exists.” (b) Fire Areais amended to read as follows: “Fire Area. The aggregate floor area enclosed and bounded by fire wallsmeeting the requirements of the International Building Code andfire barriers, exterior walls or horizontalassemblies of a building. Areas of the building not provided with surrounding walls shall be included in the fire area if such areas are included within the horizontal projection of the roof or floor next above. For buildings constructed under the International Residential Code, the fire area is the aggregate floor area enclosed and bounded by exterior walls of a building.” (c)Fire Code Officialis amended to read as follows: “Fire Code Official. The Town of Avon Building Official or a duly authorized representative charged with the administration and enforcement of the code.” (d)Fire Departmentis added to read as follows: “Fire Department.The Eagle River Fire Protection District is the designated fire department in the Town of Avon.” (e) Marijuanais added to read as follows: “Marijuana.Marijuana or marihuana means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of theplant, its seeds or its resin, including marijuana concentrate. Marijuana or marihuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.” (f) Marijuana Accessoriesis added to read as follows: “Marijuana Accessories.Marijuana accessories means any equipment, products or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 9of 27 growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing or containing marijuana or for ingesting, inhaling or otherwise introducing marijuana into the human body.” (g) Marijuana Productsis added to read as follows: “Marijuana Products.Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments and tinctures.” 15.20.110-Occupancy Classification. The following Occupancy Classifications shall apply, replace and supersede any inconsistent provision in the 2015 International Fire Code: (a)Factory Industrial F-l Moderate-hazard occupancy.Factory industrial uses that are not classified as Factory Industrial F-2 Low Hazard shall be classified as F-l Moderate Hazard and shall include, but not be limited to, the following: (1)Marijuana Extraction Facilities (2)Marijuana Grow Facilities (b)Institutional Group I-I. Five or fewer persons receiving custodial care. A facility with five or fewer persons receivingcustodial care shall be classified as Group R-3 orshall comply with the International ResidentialCode provided an automatic sprinklersystem isinstalled in accordance with Section 903.3.1.3. (c)Institutional Group 1-2. Five or fewer persons receiving medical care. A facility with five or fewer persons receivingmedical care shall be classified as Group R-3 orshall comply with the International ResidentialCode provided an automatic sprinkler system isinstalled in accordance with Section 903.3.1.3. (d)Residential Group R-3. Care facilities within a dwelling. Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code provided an automaticsprinkler system is installed in accordance with Section 903.3.1.3 15.20.120-Section 304.1.2 –Vegetation. Section 304.1.2, Vegetation,is amended to read as follows: “304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with the 2015 International Wildland-Urban Interface Code.” Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 10of 27 15.20.130–Section 308.1.4 Open-Flame cooking devices. Section 308.1.4, Open-flame cooking device,is amended to read as follows: 308.1.4 Open-flame cooking devices.Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1.One and two family dwellings. 2.Where buildings, balconies and decks are protected by automatic sprinkler system. 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 48 pounds \[nominal 20 pound (9.1kg) LP-gas capacity\]. 4.Where a more restrictive code ordinance exists. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 11of 27 15.20.140 –Section 315.3 -Storage in buildings. Section 315.3, Storage in buildings,is amended to read as follows: “315.3 Storage in buildings.Storage of materials in buildings shall be orderly and stacks shall be stable. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur. Storage room doors shall be providedwith approved signs.” Section 315.3.3, Equipment rooms,is amended to read as follows: “315.3.3 Equipment rooms.Combustible material shall not be stored in boiler rooms, mechanical rooms, electrical equipment rooms, other rooms where a potential ignition source exists as determined by the fire code official, or in fire command centers as specified in Section 508.1.5.” 15.20.150 –Section 503.1 Section 503.1is amended to read as follows: “503.1 Where required.Fire apparatus access roads shall be provided and maintained in accordance with Eagle County Land Use Regulations (“ECLUR”) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. The ECLUR meets or exceeds the requirements of Sections 503.1.1 through 503.1.3. Section 503.1.1, Buildings and facilities,is amended to read as follows: 503.1.1 Buildings and facilities.Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior wallsof the first story of the building as measured by an approvedroute around the exterior of the building or facility. Exceptions: 1. The fire code officialis authorized to increase the dimension of 150 feet to no more than 300ft where any of the following conditions occur: 1.1. The building is equipped throughout with an approved automatic sprinklersysteminstalled in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 12of 27 1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3. There are not more thantwo Group R-3 or Group U occupancies.” 15.20.160 –Section 503.2.6 -Bridges and elevated surfaces. Section 503.2.6, Bridges and elevated surfaces, is amended to read as follows: “503.2.6 Bridges and elevated surfaces.Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals, or AASHTO HB-17, whichever is more restrictive. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official.Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approvedsigns or both shall be installed and maintained where required by the fire code official.” 15.20.170 –Section 503.2.7 -Grade. Section 503.2.7, Grade, is amended to read as follows: “503.2.7 Grade.The grade of the fire apparatus access road shall be within Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals.” 15.20.180 –Section 506.1 -Key boxes. Section 506.1, Key boxes,is amended to read as follows: “506.1 Key Boxes –Where required.All commercial and residential structures with a monitored fire alarm system that summons the fire department shall have a key box known as a knoxbox installed in an approved location, where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes. The knox box shall be of an approvedtype listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official. Commercial structures shall have a knox box that holds no less than 50 keys unless a different size is authorized by the fire official.” Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 13of 27 15.20.190 –Section 508.1 -General. Section 508.1, General, is amended to read as follows: “508.1 General.A Fire Command Center shall be required in buildings, structures, or facilities that are more than 4 stories (including basements) in height or are greater than 50,000 square feet (4645msq.) within surrounding exterior walls. (Delete “Where required by other sections of this code and in all buildings classified as high-rise buildings by the International Building Code, a) The fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.6.” 15.20.200 –Section 510.1 –Emergency responder radio coverage in new buildings. Section 510.1, Emergency responder radio coverage in new buildings, is amended to read as follows: “510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coveragefor emergency responders within the building based upon theexisting coverage levels of the public safety communicationsystems of the jurisdiction at the exterior of the building. Thissection shall not require improvement of the existing publicsafety communication systems.” 15.20.210 -Section 603.6.6. –Chimneys and heating appliances. Section 603.6.6, Chimneys and heating appliances, is added to read as follows: “603.6.6 Chimneys & Heating Appliances.Chimneys and fireboxes for solid, fuel burning appliances shall be inspected annually by a qualified individual or company. They shall be inspected for soundness, corrosion, proper support, and freedom from combustible deposits. A certificate of inspection in a form acceptable to the fire code official shall be forwarded to the fire department upon completion.” 15.20.220-Section 603.8.2 –Spark arrestor. Section 603.8.2, Spark arrestor,is amended by the addition of: “Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be maintained with an effective means of arresting spark.” 15.20.230 -Section 603.9 –Gas and utility meter. Section 603.9, Gas and utility meter, is amended to read as follows: Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 14of 27 “603.9 Gas & Utility meters.Above-ground gas & utilitymeters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas & utility meters and piping shall be protected from snow & ice shedding from a roof area. Snow & ice build-up around gas & utility meters shall be kept clear at all times.” 15.20.240 -Section 607.9 –Communication. Section 607.9, Communication, is amended by the addition of: “607.9 Communication.All elevators shall be equipped with two way communication equipment and the equipment shall be operable at all times.” 15.20.250 -Section 901.4.2 –Non-required fire protection systems. Section 901.4.2, Non-required fire protection systems, is amended to read as follows: “901.4.2 Non-required fire protection systems.Afire protection system or portion thereof not required by this code orthe International Building Code shall be installed throughout a building for complete protectionprovided suchinstalled system meets the applicable requirements of this code and the International Building Code.” 15.20.260 Section 901.4.3 –Fire areas. Section 901.4.3, Fire areas, is amended to read as follows: “901.4.3 Fire areas.Where buildings, or portions thereof, constructed under the International Building Codeor previous building codes are divided into fire areas so as not to exceed the limits established for requiring a fire protection system in accordance with this chapter, such fire areas shall be separated by fire barriers constructed in accordance with Section 707 of the International Building Code or horizontal assembliesconstructed in accordance with Section 711 of the InternationalBuilding Code, or both, having a fire-resistance rating of not less than that determined in accordance with Section 707.3.10 of the International Building Code.” 15.20.270 -Section 901.9 –Termination of monitoring service. Section 901.9, Termination of monitoring service, is amended to read as follows: “901.9 Termination of monitoring service.For fire protection systems required to be monitored by this code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing, to the fire code official by the monitoring service provider being terminated.” 15.20.280 -Section 901.11 –Responding to nuisance alarms. Section 901.11, Responding to nuisance alarms, is amended to read as follows: Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 15of 27 “901.11 Responding to Nuisance Alarms. Nuisance alarms are defined as “an alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, or an alarm activated by a cause that cannot be determined.” 15.20.290 Section 903.2.1 –Group A. Section 903.2.1, Group A, is amended to read as follows: “903.2.1 Group A.An automatic sprinkler system shall be provided throughout buildings used as Group Aoccupancies as provided in this section.” 15.20.300 -Section 903.2.2 –Ambulatory care facilities. Section 903.2.2, Ambulatory care facilities, is amended to read as follows: “903.2.2 Ambulatory care facilities.An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of thefollowing conditions exist at any time: 1. Four or more care recipients are incapableof self-preservation, whether rendered incapable by staff or staff has accepted responsibility for care recipients already incapable; or, 2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility. In existing buildings where ambulatory care is provided on levels other than the level of exit discharge, anautomaticsprinkler system shall be installed throughout the entire floor where such care is provided as well as all floors below, and all floors between the level of ambulatory care and the nearest level of exit discharge, including the levelof exit discharge.” 15.20.300 -Section 903.2.3 –Group E. Section 903.2.3, Group E, is amended to read as follows: “903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 12,000 square feet (1115 m2) in area. 2. Throughout every portion of educational buildings above and belowthe level of exit discharge serving that portion of the building.” 15.20.310 -Section 903.4 –Sprinkler system supervision and alarms. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 16of 27 Section 903.4, Sprinkler system supervision and alarms, is amended to read as follows: “903.4 Sprinkler system supervision and alarms.Valves controlling the water supply for automatic sprinkler systems,pumps, tanks, water levels and temperatures, critical air pressures and waterflow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit. Exceptions:Automatic sprinkler systems protecting one-and two family dwellings.” 15.20.320Section 905.1 –Standpipe Systems, General Section 905.1, General, is amended by adding a third sentence to read as follows: “The outside fire department connections shall be approved by the Fire Chief.” 15.20.330-Section 905.3.1 –Height. Section 905.3.1, Height, isamended to read as follows: “905.3.1 Height.ClassIstandpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than 20 feet(6035 mm) above the lowest level of the fire department vehicle access,or where the floor level of the lowest story is located more than20 feet(6035 mm) below the highest level of fire department vehicle access.” 15.20.340-Section 905.3.1.1 –Building Area. Section 905.3.1.1, Building area, is amended by the addition of: “905.3.1.1 Building Area.In buildings exceeding 30,000 sq. ft. (929 sq. m.) within surrounding exterior walls, an approved Class I standpipe system shall be provided where any portion of the building’s interior is more than 150 feet (46 m) of travel, vertically and/or horizontally, from the nearest point of fire department vehicle access.” 15.20.350 -Section 907.2 –Where required –new buildings and structures. Section 907.2, Where required –new buildings and structures, is amended to read as follows: “907.2 Where required-new buildings and structures.An approvedfire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. One manual fire alarm box shall be provided at all designated exits in anapproved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 17of 27 alarm boxes due to sprinklers, a single fire alarm box shall be installed at all designated marked exits. Exception:The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service.” 15.20.360 -Section 907.6.6 –Monitoring. Section 907.6.6, Monitoring, is amended to read as follows: “907.6.6 Monitoring.Fireprotection systemsrequired by this chapter or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72. Exception: Monitoring by a supervising station is not required for: 1. Single-and multiple-station smoke alarms required by Section 907.2.11. 2. Smoke detectors in Group 1-3 occupancies.” 15.20.370 -Section 1101.2 –Intent. Section 1101.2, Intent, is amended to read as follows: “1101.2 Intent.The intent of this chapter is to provide a minimum degree of fire and life safety to persons occupying existing buildings by providing minimum construction requirements where such existing buildings do not comply with the minimum requirements of the International Building Code. The 2015 International Existing Building Code can be used as a reference guide for existing buildings to provide direction when the provisions of this chapter are unclear.” 15.20.370 -Section 3103.2 –Approval required. Section 3103.2, Intent, is amended to read as follows: “3103.2 Approval required.Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents open on all sides that comply with all of the following: 2.1. Individual tents shall have a maximum size 400 square feet. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 18of 27 2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658mm) shall not exceed 400 square feet.” 15.20.500–Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2015 International Fire Codenamed in the title of this Chapter: “It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town of Avon or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter.” 15.20.510-Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2015 International Fire Codenamed in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.20.520–Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter 15.20.530-Validity. If any section, subsection, sentence, clause or phrase of the 2015International Fire Code named in the title of this Chapter, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 9.Chapters15.24, 15.26 and 15.27Repealed. Chapter 15.24 Solid-Fuel Burning Devices, Chapter 15.26 International Property Maintenance Code, and Chapter 15.27 International Energy Conservation Code of the Avon Municipal Code are hereby each repealed Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 19of 27 in their entirety. The repeal or the repeal and reenactment of any provision of the 2009 International Property MaintenanceCodeor2009 International Energy Conservation Codeof the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. Section 10.Chapters15.24, 15.25, 15.26 and 15.27 Adopted. Chapter 15.24International Property Maintenance Code, Chapter 15.25 International Wildland-Urban Interface Code, Chapter 15.26International Energy Conservation Code and Chapter 15.27 Exterior Energy Offset Program of the Avon Municipal Code is hereby enacted to readas follows: CHAPTER15.24-International Property Maintenance Code 15.24.010-Adoption. The Town adopts the 2015 International Property Maintenance Codeand all appendix chapters. The 2015International Property Maintenance Codeis published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2015International Property Maintenance Code are on file in the office of Community Development, and are available for inspection during regular business hours. 15.24.020-Additions or Modifications. The 2015 International Property Maintenance Code is amended and changed as described in Sections 15.24.030 of this Chapter. 15.24.030-Section 205 –Board of Appeal. Section 205 is amended to readas follows: "205Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code." 15.24.300–Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2015International Property Maintenance Code named in the title of this Chapter: “It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 20of 27 done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter.” 15.24.310–Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2015 International Property Maintenance Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.24.320–Repeal. The repeal or the repeal and reenactment of any provision of the 2015 International Property Maintenance Codeas provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding ascommenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.24.330–Validity. If any section, subsection, sentence, clause or phrase of the2015International Property Maintenance Codenamed in the title of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER 15.25 -International Wildland-Urban Interface Code 15.25.010–Adoption. The Town adopts the 2015 International Wildland-Urban Interface Codewithout and excluding allthe appendix chapters. The 2015 International Wildland-Urban Interface Codeis published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2015International Wildland-UrbanInterface Code are on file in the office of Community Development, and are available for inspection during regular business hours. 15.25.300 –Violation. The following clause concerning violations is set forth in full andadopted with reference to the the2015 InternationalWildland-Urban Interface Codenamed in the title of this Chapter: Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 21of 27 “It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of thecode or standards named in the title of this chapter.” 15.25.310 –Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the2015 International Wildland-Urban Interface Codenamed in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed,continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.25.330 –Validity. If any section, subsection, sentence, clause or phrase of the named in the title of this Chapter is for any reason held the 2015 International Wildland-Urban Interface Codeto be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER15.26 -International Energy Conservation Code 15.26.010 –Adoption. The Town adopts the 2015 International Energy Conservation Code and all appendix chapters thereto. The 2015International Energy ConservationCode was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor,Washington, D.C. 20001. A copy of the 2015 International Energy ConservationCodeison file in the Town Clerk's office, and isavailable for inspection during regular office hours. 15.26.020 -Additions or Modifications. The 2015 International EnergyConservationCodeis amended and changed as described in Sections 15.26.030 through 15.26.040of this Chapter. 15.26.030-Section 101.3 –Intent. Section 101.3 –Intent. is hereby amended with the addition of the following language: Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 22of 27 “The latest editions of Rescheck and Comcheck Software, as developed by the United States Department of Energy, may be used to demonstrate compliance with the 2015 International Energy Conservation Code.” 15.26.040 -SectionC403 Building Mechanical Systems. Section C403 is amended to add the following language: “C403.2.1.1 Snow Melt Boilers All gas fired boilers, used for snow melt shall have a minimum efficiency of ninety-two percent (92%) AFUE.” 15.26.300 -Violation . The following clause concerning violations is set forth in full and adopted with reference to the 2015 International Energy Conservation Code named in the title of this Chapter: “It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of the code or standards named in the title of this chapter.” 15.26.310 –Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2015 International Energy Conservation Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction foreach and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter1.09 of this Code. 15.26.320 –Repeal. The repeal or the repeal and reenactment of any provision of the 2015 International Energy Conservation Codeas provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.26.330–Validity. If any section, subsection, sentence, clause or phrase of the 2015International Energy Conservation Codenamed in the title of this Chapter is for any reason held to be invalid or Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 23of 27 unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions ofthis Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. CHAPTER15.27 -Exterior Energy Offset Program 15.27.010Intent and Purpose. The purpose of the Exterior Energy Offset Program (“EEOP”) Chapter is to encourage sustainable, energy efficient, exterior heating solutions that conserveenergy and natural resources. 15.27.020 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi-family exterior energy uses including but not limited tosnowmelt, spas, and pools. The completed EEOP form must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. 15.27.030 Fees and EEOP Fund Created. (a)EEOP considers exterior energy uses over a nominal amount as identified below. Fees are based on average British Thermal Units (BTUs) required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s) are installed on-site prior to completion of the amenity which generate the equivalent of 50% of the energy needed for the exterior energy use. Any partial renewable offsets and/or energy efficiency rebates earned may be credited accordingly. System design, calculations, and field inspection are required and must be verified by the Building Official. (b)The following EEOP fees shall apply at the time of Building Permit: (1)Snowmelt over 200 square feet:$16 per square foot (2)Spa/hot tub over 64 square feet:$176 per square foot (3)Exterior pool:$136 per square foot For example, if 500 square feet of snowmelt was proposed on a residential property, where 200 is exempt, 300 x $16 per square foot = $4,800. (c)EEOP Fund Created Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 24of 27 (1)Fees collected at Building Permit are placed in the Town of Avon EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. (2)The EEOP Fund will be utilized as follows: The Town of Avon EEOP Fund will be managed by the Town Manager, or their designee and such designee may be determined by Resolution of the Town Council of Avon. Expenditures of EEOP funds shall be used for the following purposes: (a)To provide educational materials and outreach for Town of Avon residents, businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, a webpage with available resources, links, and information. (b)Planning, design and implementation of renewable energy generation projects. (c)Providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects. (d)Funding other resources and administrative costs associatedwith green building and environmental sustainability oriented efforts. (e)Special consideration is given to projects that positively affect occupants of local affordable housing or low income residents in Town of Avon. 15.27.40Severability Provision. Should any provision of the EEOP be declared by a court of competent jurisdiction in any final judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. Section 11.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 theregulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 25of 27 Section 12.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 13.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 14.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 15.Publication . The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. SIGNATURE PAGE FOLLOWS \[\] Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 26of 27 INTRODUCED AND ADOPTEDON FIRST READING AND REFERRED TO PUBLIC HEARING on October 27, 2015 and setting such public hearing for December 8, 2015at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY:ATTEST: ________________________________________________________ Jennie Fancher, MayorDebbie Hoppe, Town Clerk ADOPTED ON SECOND ANDFINAL READING onDecember 8, 2015. BY:ATTEST: ________________________________________________________ Jennie Fancher, MayorDebbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord 15-09 Adopting 2015 IBC SECONDREADING DRAFT December 1, 2015 Page 27of 27 TOWN COUNCIL REPORT To: Honorable Mayor and Members of Town Council From: Matt Pielsticker, AICP, Planning Director Date: December 1, 2015 Agenda Topic: PUBLIC HEARING -Ordinance 2015-12 Project: Case #VPR15001 Request to extend Vested Property Rights for three years for development of the Red House property. Summary The Applicant has requested this file for an extension to the vested property rights associated with the Red House property, and corresponding Public Hearing, be continued to theJanuary 12, 2016 Town Council meeting. The written request is attached to this cover report. Staff recommends that the Public Hearing be opened, closed, and continued to the next Council meeting as requested. Proposed Motion “I move to continue second reading of Ordinance 2015-12 and public hearing to January 12, 2016.” Attachment Mauriello Planning Group letter – dated November 20, 2015 1 Ordinance 2015-12–Red House Vested Property Rights Extension November 20, 2015 Avon Town Council Brian Garner Town Planner Town of Avon One Lake Street Avon, Colorado 81620 Re: Red House - Vested Rights Extension Dear Town Council: The owner of this property would like to request that the second reading of the ordinance approving an extension of vested rights be continued until the Town Council meeting scheduled for January 12, 2016. The owner has discovered, and staff has verified, that Lot 2 of the Riverside Subdivision is NOT zoned open space as previously represented but is in fact zoned for development within the Riverside PUD approved in 1989. The Riverside PUD contains three parcels of land. Lot 1 (2.5 acres) is developed with Phase 3 of the Eaglebend Apartments, Tract A (6.4 acres) is designated as open space, and Lot 2 (0.3711 acres) is designated as a development parcel allowing 8 condominium units. At the hearing on November 17, the Town Council asked that the owner and the Town staff draft an agreement to allow an access easement across Lot 2. It has also been suggested to us that the owner fund the construction of a path on Lot 2 in addition to the grant of this easement in exchange for nothing more than a grant of more time to develop the project. Because these requests have come to us recently and given the need to analyze the impacts of the request on the rights inherent in the property, the owner would like more time to evaluate the property. We appreciate the opportunity to work with the Town on this issue and hope to have some resolution before January 12, 2016. Sincerely, Dominic F. Mauriello, AICP Principal PO Box 4777 970.376.3318 Eagle, Colorado 81631 www.mpgvail.com M HL EMORANDUM P EIL AW LANNING & ,LLC TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No. 15-14 Qualifications of Council member and Planning and Zoning Commission members DATE: December 3, 2015 Summary: Ordinance No. 15-14 is presented to Council for second and final reading. Council passed Ord. No. 15-14 on first reading on November 17, 2015. Ord. 15-14 enacts qualifications for Council members and Planning and Zoning Commission members to not permit employment relationships. This ordinance is a follow-up and supplement to Ordinance No. 15-05 which amended the Town Code of Ethics this summer. Council previously provided direction to have an ordinance prepared which would prohibit Council members and Planning and Zoning Commission members from serving on Council and the Planning and Zoning Commission when an employment relationship exists. The ordinance would enact a new Chapter 2.34 in the Avon Municipal Code. The authority, reasoning and definition of disqualification for employment relationships are set forth in the ordinance and are not repeated in this memorandum. Employment relationship is defined as the traditional employer and employee relationship as well as direct supervisor and subordinate. This would not include Officials who are employees in the same organization but do not have a direct supervisor and subordinate relationship. I have also included language to address agents, consultants and contractors who are not ÅemployeesÆ as defined for federal tax purposes but do have an economic relationship where one person compensates and directs another person. I am suggesting a 10% total compensation formula so as not to include non-substantive business relationships. For example, one member of Council hires another Council member who is a painting contractor for a painting job Ã this should not result in both Council members to be disqualified. However, if one Council member owns a painting company and hires another Council member as an Åindependent contractorÆ for significant work (defined as exceeding 10% gross revenues) and to avoid the ÅemployeeÆ status, then such relationship would meet the employment relationship test. I have found no examples in Colorado or nationally of qualifications that prohibit employment relationships, so I am not able to offer additional information on how such qualifications have worked in other communities. Council is required to conduct a public hearing on second reading per thehome rule charter. Proposed Motion: ÅI move to approve Ordinance No. 15-14 An Ordinance Enacting Chapter 2.34 Qualifications of Council Members and Planning and Zoning Commission Members of the Avon Municipal Code on second and final reading.Æ Thank you, Eric ATTACHMENT: Ordinance No. 15-14 Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com TOWN OF AVON, COLORADO ORDINANCE NO. 15-14 SERIES OF 2015 AN ORDINANCE ENACTING CHAPTER 2.34 QUALIFICATIONS OF COUNCIL MEMBERS AND PLANNING AND ZONING COMMISSION MEMBERS OF THE AVON MUNICIPAL CODE pursuant to C.R.S. ¤31-15-103 and ¤31-15-104, and pursuant to the home rule WHEREAS, powers of the Town of Avon (ÅTownÆ), the Town Council has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; Section 4.6(c) states that, ÅCouncil shall be the judge of . . . qualifications of its WHEREAS, own membersÆ; the Avon Town Council established a Planning and Zoning Commission and set WHEREAS, forth the qualification of Planning and Zoning Commission members in Section 7.12.040 of the Avon Development Code and has the authority to amend and supplement the qualifications of Planning and Zoning Commission members; and, the Avon Town Council finds that the disqualification of Council members and WHEREAS, Planning and Zoning Commission members with certain employment relationships will avoid the appearance of conflicts of interest, avoid the potential for any inappropriate influence in the performance of official duties and actions, and will promote the public confidence in the integrity of Avon Town Council and Avon Planning and Zoning Commission; approval of this Ordinance on First Reading is intended only to confirm that the WHEREAS, Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN the following: OF AVON, COLORADO . The above and foregoing recitals are incorporated herein Section 1.Recitals Incorporated by reference and adopted as findings and determinations of the Town Council. . Chapter 3.08 Sales Tax of the Avon Municipal Code is hereby Section 2.Section Enacted amended by enacting a new to read as follows: Section 3.08.037 Temporary tax credit CHAPTER 2.34 Ã Qualifications of Council members and Planning Commission members. Å Ord 15-14 Qualification of Council and PZC SECOND READING Ã December 8, 2015 Page 1 of 3 (a)Disqualification for Employment Relationship. For the purpose of avoidance of any appearance of a conflict of interest and for the avoidance of any potential for inappropriate influence of elected or appointed officials arising from employment relationships, the following additional qualifications shall apply to Council members and Planning Commission members: (1)Definition. For the purposes of this Section (a) only, the following definitions shall apply: Employment relationship means the following relationships between two or more persons: employer and employee; direct supervisor and subordinate; and, owner and agent, consultant or contractor where such relationship results in more than 10% of the gross annual revenues of such agent, consultant or contractor. Official means a Town Council members or a Planning and Zoning Commission member. (2) Disqualification of Officials. In addition to other qualifications established by the home rule charter, this municipal code and applicable statutes, an Official shall be disqualified to hold a position on Council or the Planning and Zoning Commission if such Official has an employment relationship with another Official on the same governing body or commission. If such employment relationship exists at the time of election or appointment, such Official shall not be qualified to be sworn in or commence serving the position. If such relationship arises after such Official is elected or appointed, then such employment relationship shall be disclosed at the next meeting of such governing body or commission and such Officials shall not be permitted to vote on any matters. If such disclosed employment relationship continues until the next meeting of the governing body or commission then both (or more) such Officials shall be deemed disqualified and removed from the governing body or commission by motion of the remaining members. Any member of the Council or Planning and Zoning Commission may raise the question as to whether an employment relationship exists. The unaffected members of the Council and Planning and Zoning Commission shall determine whether an employment relationship exists as applied to specific facts and circumstances.Æ . The codifier of the TownÈs Municipal Code, Section 3.Codification Amendments Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. . If any provision of this Ordinance, or the application of such Section 4.Non-severability provision to any person or circumstance, is for any reason held to be invalid or enforceable, such invalidity or effect shall render the entire ordinance void and not effective, it being the intention of the Council that is this all provisions of this Ordinance are not severable and that Council would not have adopted this Ordinance if any provision of this Ordinance is invalid or not effective. As used in this Section, the term ÅprovisionÆ means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term ÅapplicationÆ means and Ord 15-14 Qualification of Council and PZC SECOND READING Ã December 8, 2015 Page 2 of 3 includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. . This Ordinance shall take effect thirty (30) days after public Section 5.Effective Date notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. . The Town Council hereby finds, determines and declares that this Section 6.Safety Clause Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. . The Town Clerk is ordered to publish this Ordinance in accordance Section 7.Publication with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC on November 17, 2015 and setting such public hearing for December 8, 2015 at the HEARING Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk on December 8, 2015. ADOPTED ON SECOND AND FINAL READING BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Ord 15-14 Qualification of Council and PZC SECOND READING Ã December 8, 2015 Page 3 of 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Director of Festivals & Special Events Danita Dempsey Town Manager Virginia Egger Date: December 3, 2015 Agenda Topic: Request for Funding – Creative Writing Event – Labor Day Weekend 2016 Harry A. Nottingham Park & Performance Pavilion BACKGROUND: To further the Town of Avon’s economic development strategy, which calls for the Town to seed events with a goal of developing signature events for the Town, a Request for Qualifications (RFQ) was issued to producers and promoters covering music, dance, theatre, art and writer’s conference, for activation at Avon’s prominent venue – the Harry A. Nottingham Park & Performance Pavilion. PROPOSAL FOR USE OF THE AVON PERFORMANCE PAVILION & NOTTINGHAM PARK MAIN ATHLETIC FIELD: Mr. Don Donahue, owner of Donahue Entertainment LLC, a multifaceted music and event production company has responded to the RFQ with a proposal to produce the Avon Creative Writing Event, which will feature a broad scope of writing to include fiction, poetry, songwriting, screenwriting and storytelling. The event includes teaching seminars, evening concerts and readings. Avon Creative Writing Event - Nottingham Park Main Athletic Field Activation rdth Saturday and Sunday, Sept 3 & 4 – 10:00 a.m. to 4:00 p.m. – Tented venue to accommodate teaching space in the various styles of writing and private one-on-one author sessions and critiques th Monday, Sept. 5–10:00 a.m. to 12:00 p.m. –Potential wrap up brunch and keynote or conference speakers address Avon Creative Writing Event - Avon Performance Pavilion Activation nd 2016 – 6:00 to 8:30 p.m. - Intimate reception on event terrace with keynote address, Friday, Sept. 2 meet & greet with VIP’s and authors, gift/welcome bags and private one-on-one author registration rd – 6:00 – 8:00 p.m. – Concert “Nashville in the Round” and storytelling with hit Saturday, Sept. 3 songwriters from Nashville th – 6:00 to 8:00 p.m. – Musical performances and readings by industry professionals Sunday, Sept. 4 and “winners” from the weekend Avon Creative Writing Event - Request for Use and Attendance Projections The request is for exclusive use of the Avon Performance Pavilion, main athletic field and Town Hall parking lots for the production of a 3-day, ticketed conference and concerts First year paid attendance is estimated at 1,000 persons: 400 conference/600 concerts Attendance growth projections: Year 2 – 1,500 and Year 3 – 2,000 Producer will collaborate with local non-profit and concessionaire to provide alcohol The proposal is attached as Exhibit A and Mr. Donahue will be available via Skype to present his concept and th meeting. funding request at the December 8 Request for Funding – Creative Writing Event 1 PRODUCER QUALIFICATIONS: Mr. Donahue is a 25-year veteran of the music and destination event production industry. His achievements and creative approach to high-end destination events has earned him awards and the respect of his peers and artists across the globe. Mr. Donahue’s alliances and partners include AEG, Ticketmaster, NARAS (Grammys), BE Entertainment, Amy Grant and Live Nation to mention a few. He has developed and implemented events ranging in size from 100,000 (Taste of Addison, TX) to the Ritz Carlton Exceptional Experience weekends for 500 and Lauderdale Live for 4,000. RETURN ON INVESTMENT: Donahue Entertainment is asking for $75,000 in direct financial support in its first year. To conduct a return on investment analysis over three years, an ROI Assumptions Demonstration is provided in the attached Exhibit B. The resulting net unrecovered investment demonstrate that an event of this type and intimate scale can take more than three years before the Town begins to recover an investment. Seed funds year one = $75,000 Net Recovered/Unrecovered Investment = ($60,217) Seed funds year two = $60,000 Net Recovered/Unrecovered Investment = ($32,029) Seed funds year three = $50,000 Net Recovered/Unrecovered Investment = ($5,736) The proposal also asks for an in-kind commitment for banner installation/removal, delivery/removal of event assets and staff assistance of up to $5,000 in year one.These expenses are covered through ticket fee revenue or in the internal budgets of the department. STAFF RECOMMENDATION: Special events are integral and a key component in a resort community economy of which a mix and variety brings interest, culture, liveliness, creates a sense of place and community for residents. The Town has experienced success with seeding music, in particular, with WinterWonderGrass, Avon Live! and, the special one-time production of Après Avon. Recently, Council also funded the CoverStock Music Festival. The proposed Creative Writing Event provides the opportunity to further shape a diversity of cultural offerings, with the addition of a literary weekend. The Creative Writing Event program delivers a diverse array of writings, seminars/teachings, author one-on-one, intimate musician interaction, and concerts. The event provides the community an opportunity to participate in an exchange of ideas, literary learning sessions and conversations, which can enrich, challenge and inspire. The natural beauty and surroundings in Avon will provide the perfect background for a literary event, which are most often offered through universities or urban settings. In addition, seeding an event on Labor Day Weekend is highly valued. The need to secure desirable “anchor talent” that will attract a paying audience is a high risk and competitive venture. Donahue Entertainment has the experience, passion and financial resources to, in part, take on this level risk. Creating the level of cultural experience and return on investment to which Avon aspires, with a niche field of attendees, will require producer expertise, resourcefulness and patience. It is important to note that the three-year model of seeding the Town has been using as a “base model”, most likely will not be met. A longer horizon, with falling financial support should be expected. The proposed list of anchor talent is impressive of which the final selection will be the foundation of the event and largely determine the overall success. The Town Manager will work closely with the producer throughout the talent selection process to assure the highest quality of content. Furthermore, the final installment of financial support will be released upon mutual approval of talent. Staff believes the Creative Writing Event meets the Town’s desire to seed and support a concept that will provide literary stimulation for the community, bring notoriety, enhance the cultural fabric and add diversity to the festival and event line up. We find that the producer has the business capability, forward and creative thinking, industry connections and partnerships as well as background and passion to initiate and grow the event. Request for Funding – Creative Writing Event 2 The in-kind services contribution of $5,000 is commensurate with the size of the expected attendance and type of production. The request of $75,000 for talent acquisition in the first year, and forecasted unrecovered investment of $60,217 is felt to be realistic for launching the event requiring thoughtful consideration to the long-term investment to build a signature event. RECOMMENDED MOTION: If Council concurs, the recommended motion would be: I move to approve funding up to $75,000 for talent acquisition to Donahue Entertainment, LLC, producer of the event. Funding is will be from the 2016 General Fund Special Events Assigned Fund Balance. In addition, I move to approve up to $5,000 of in-kind services. ATTACHMENTS: Exhibit A – Creative Writing Event Proposal Exhibit B – Creative Writing Event ROI Projections Request for Funding – Creative Writing Event 3 1 Creative Writing Event Proposal AVON, COLORADO 2 Overview Avon, Colorado DonahueEntertainmentispleasedtopresentto thetownofAvon,Colorado–aplantobuildan evergreeneventinthenewNottinghamPark PavilionbasedaroundTheCreativeWriting Process.ThiseventistobeheldLaborDay weekend2016andwillbemarketedlocally, regionallyandnationallytoaspiringwriters,or simplyfansofcreativity. Coveringsongwriting, playwriting,screenwriting,story-telling,poetryand fiction–ourgoalwouldbetopartnerwithAvon producesignaturequalityeventsofcultural significancewhichenhanceandsupportthetown platform. The following are anchor type artists/writers/creatives, who will fill 3 out the weekend’s content…(pending negotiations): The Kirkpatrick Brothers Screenplay, Musicals, Songwriting WayneandKareyKirpatrickareaperfectmatchforthisevent.WayneisaGrammyaward-winningsongwriter/producer(Eric Clapton,GarthBrooks,LittleBigTown)andhisbrotherKareyisanawardwinningscreenplaywriteranddirector(ChickenRun, JamesandtheGiantPeach,TheHitchhikersGuidetotheUniverse)–andTOGETHERtheyhavewrittenthe10timeTony NominatedBroadwayhit,! SomethingRotten 4 Nashville Songwriters Tricia Rose Burt Songwriting Storyteller Nashvillethesayingis“itallstartswithasong”andatour eventwewillshowandteachthatprocesstoourregistrants, FrequentMOTHcontributorandNYCinternationalFringe aswellasproducea“songwriterintheround”eveningofhit Festivalawardwinnerwillbringherhilariousonewomanplay songsandsongwritersonSaturdaynight.Thesongsarethe “”aboutreinventingyourselffrom HowtoDrawaNekkidMan stars,andwewillsourcethewritersofdozensanddozensof thecorporateworldtothecreativeworld.Triciaisalsoan #1songsincludingCarrieUnderwood,LittleBigTown,Miley accomplishedteacherwhowillhelpguideourregistrants Cyrus,MirandaLambert,TaylorSwiftandmanymore. throughthecreativediscoveryprocess. 5 Steve Berry Sandra Brown Fiction Writer Fiction Writer SandraBrownistheauthorofmorethan60NewYorkTimes SteveBerryistheNewYorkTimesand#1internationally bestsellers,includingMEANSTREAK(2014),DEADLINE bestsellingauthorofThe14thColony,ThePatriot (2013),LOWPRESSURE(2012),LETHAL(2011),and Threat,TheLincolnMyth,TheKing’sDeception,The more…In2008,shewasnamedThrillerMaster,thetop ColumbusAffair,andmore…Historyliesattheheartof awardgivenbytheInternationalThrillerWriter’sAssociation. everySteveBerrynovel.It’shispassion,oneheshares In2009Browndetouredfromherthrillerstowrite, Rainwater withhiswife,Elizabeth,whichledthemtocreateHistory amuchacclaimed,powerfullymovingstoryabouthonorand Matters,afoundationdedicatedtohistoricpreservation. sacrificeduringtheGreatDepression. 6 Suzy Q. Slam Poet SuziQ.Smithisanartistandanactivist.Sheismothertoanamazingdaughter whofillsherlifewithjoy.Herworkhasbeenpublishedinnumerousanthologies andliterarymagazines,whilehernameiswellknownthroughoutthespoken wordcircuit.Herpassionateperformanceshaveearnedheraplaceamongthe bestSpokenWordartistsinthenation.SuziQ.hasworkedwithcivilrights organizations,victimadvocateorganizations,artsorganizations,peace organizations,amongothers.In2011,SuziQ.competedintheWomenofthe WorldPoetrySlamandiscurrentlyrankedthirdintheworld. 7 Viawebsite,wewillaskregistrantsto submitoriginalwritings,poemsandsongs forachancetoperformonthemainstage Sundaynight. Preliminary Schedule 8 Friday, Sept. 2 –Monday, Sept. 5, 2016 DAY 1 DAY 2 DAY 3 DAY 4 Potential Monday | Sept. 5, Sunday | Sept. 4, Saturday| Sept. 3, Friday | Sept. 2, 2016 2016 2016 2016 10:00am- 6:30-8:30 pm 10:00am- 10:00am-4:00pm 12:00pm 4:00pm In Nottingham Park Backstage of Performance In Nottingham Park In Nottingham Park Pavilion Tented areas will be set up to Tented areas will be set up to Wrap up brunch with Speakers Cocktails and Appetizer and accommodate classrooms in various accommodate classrooms in and/or winners styles of writing, including: mingle with VIPS and Authors various styles of writing, including: Fiction Music Fiction Poetry Keynote address Poetry Songwriting Gift Bag – overview of weekend Songwriting Screenwriting Screenwriting Storytelling Storytelling 6:00pm-6:00pm- 8:00pm 8:00pm Concert: Nashville Night in the Pavilion Stage Performances Round and Readings by Storytelling: Hit songwriters from Professionals and ‘winners’ Nashville from the weekend along with music to fit the style (bluegrass, Americana, storytellers, etc.) 9 Summary Donahue Entertainment is requesting seed funds in year one of $75,000.We also request in kind support of up to $10,000 for staffing assistance, banner installation, traffic assistance, police, etc. Ticket Price Point: Festivals of similar quality with like audiences range from $399-599 depending on access and content.Our goal is to have the ticket price fall within these tested ranges while also offering an evening only ticket for Sat/Sun night in the $29-49 range. . 10 Thank You! Exhibit B 2016-2018 ROI Creative Writers Event Weekend - 3 DAYS 201620172018 1,000 per day 1,500 per day 2,000 per day COMMODITY ASSUMPTION ASSUMPTION ASSUMPTION TOTAL TICKETS PER DAY 1,000400 conf/600 concerts1,500500 conf/1000 concert2,0001000 conf/1000 concert TOTAL PERCENT PURCHASING 3-DAY CONFERENCE PASS 40%16040%20050%500 ($599) TOTAL PERCENT PURCHASING 2-DAY CONFERENCE PASS 20%8020%10010%100 (No Friday) TOTAL PERCENT PURCHASING 1-DAY CONFERENCE PASS 40%16040%20040%400 ($399) 2-DAY CONCERT ONLY PASS 50%30050%50050%500 ($39) 1-DAY CONCERT ONLY PASS 50%30050%50050%500 ($29) TOTAL % STAYING IN LODGING 70%16870%21070%420 (70% of 3-day guest; 10% of 2-day guest) AVERAGE PERSONS PER UNIT28421052210 AVERAGE HOTEL RATE* 3 nights/per person $116$29,232$118$37,170$120$75,600 4% ACCOMMODATIONS TAX$1,169$1,487$3,024 TOTAL MEALS AVAILABLE FOR WEEKEND (7 meals/person)7,00010,50014,000 TOTAL PERCENT EATING MEALS IN RESTAURANTS85%595085%892585%11900 AVERAGE DAILY MEAL COST OUTSIDE VENUE**$35.00$208,250$40.00$357,000$40.00$476,000 4% SALES TAX $8,330$14,280$19,040 TOTAL PERSONS FOR THE WEEKEND 2,1603,2004,500 TOTAL % BUYING FOOD, RETAIL, INCREMENTAL80%1,72880%2,56080%3,600 AVERAGE EVENT PURCHASE AMOUNT - 3/days$75$129,600$85$217,600$100$360,000 4% SALES TAX $5,184$8,704$14,400 TOTAL TAXES$14,683$24,471$36,464 3 DAY SPECIAL EVENT TICKET ADMISSION FEE $3$1,440$1,800$4,500 2 DAY SPECIAL EVENT TICKET ADMISSION FEE $3$2,280$3,600$3,600 1 DAY SPECIAL EVENT TICKET ADMISSION FEE $3$1,380$2,100$2,700 TOTAL REVENUE$19,783 $31,971$47,264 ANNUAL TOWN OF AVON FINANCIAL CONTRIBUTION***$75,000$60,000$50,000 TOWN OF AVON IN-KIND CONTRIBUTION***$5,000$4,000$3,000 NET UNRECOVERED INVESTMENT-$60,217`-$32,029-$5,736 *Destimetrics ADR Reporting **Based on average cost for dinner ***Avon Investment drops year 2 and 3 $399 - $599 Conf. pass, $39 2-day concerts only, $29 1-day concert only TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Debbie Hoppe, Town Clerk Virginia C. Egger, Town Manager Date: December 1, 2015 Agenda Topic: 2016Regular Meeting Schedule Please find the proposed regular meeting dates below, which reflect the second and fourth Tuesdays of each month, unless otherwise noted. The Town Council meeting schedule includes special considerations for meeting dates, as follows: Suggested dates to cancel regular meetings include: 1.February 23 – Mid-winter break 2.April 26 – A review of the Eagle County School District’s school calendar reveals that school thth spring break falls during the 4th week of April (25 through 29) 3.August 23 – Summer break 4.November 15 – if needed 5.December 27 – if needed stnd March 1 – If Council does not meet the 2 Tuesday in February (school break week), and the Town rd to fund the Police Station at determines a ballot issue should be placed before the voters on May 3 the Public Safety Facility, a special meeting will be needed to set the ballot language, which is due no th later than March 4. th One Council Retreat date on January 5 is recommended, as requested by Mayor Jennie Fancher. Setting quarterly retreats may be considered as you set the schedule. Once the schedule has been confirmed, the dates will be posted to the town’s website and three posting locations. Recommended Motion: I move to approve the Avon Town Council Meeting Schedule as presented (with or without changes). 2016 Avon Town Council Meeting Recommended Schedule ndth and 4 Tuesday unless otherwise noted 2 DATE NOTES January 5, 2016 Council Retreat 9:00 – 4:00 January 12, 2016 January 26, 2016 February 9, 2016Mid-winter Break 2/22-2/26 Special Meeting – To set May 3 rd ballot issue, March 1, 2016 if needed, for Police Station at the PSF March 8, 2016 March 22, 2016 April 12, 2016 Spring Break 4/25 – 4/29 May 10, 2016 May 24, 2016 June 14, 2016 June 28, 2016 July 12, 2016 July 26, 2016 August 9, 2016 Summer Break 8/22 -8/26 September 13, 2016 September 27, 2016 October 11, 2016 October 25, 2016 November 8, 2016 Thanksgiving Break 11/21-11/25 November 15, 2016 If needed December 13, 2016 Holiday Break 12/21 –01/02/2017 December 27, 2016 If needed TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Debbie Hoppe, Town Clerk Date: December 1, 2015 Agenda Topic: Appointments to Boards and Commissions Please find attached a table showing the various boards, committees, commissions, etc. which require a Town representative to be appointed or offer a Town representative a liaison position. Eagle County’s Mayor/Managers meeting group is not included as the positions are determined by the organization. Appointments to the various organizations are made by motion and vote of the Council. TOWN OF AVON 2016 BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS December 08, 2015 2015 COUNCIL & TOWN MANAGER2016 MEETING AGENCYDESCRIPTION ASSIGNMENTSDATES Appointment: Primary appointment must be an elected official. Alternate may be Town Manager (or designee) Upper Eagle Regional Water Town's voting representative on the six member board; or citizen Authorityresponsible for all elements of delivering potable water to the Town Primary Representative: Meets on 4th Thursday of the month SARAH SMITH HYMES _____________________________8:00 a.m. Eagle River Sanitation District Office in Vail Alternate: TODD GOULDING _____________________________ Eagle County Regional A nine member board of elected officials from the incorporated Appointment: Elected or staff Transportation Authority towns was established to develop operating policy. This board & Eagle County Regional Trailshas since been reduced to eight members who represent the (ECO)towns of Red Cliff, Minturn, Vail, Avon, Eagle, Gypsum, Eagle Primary Representative: County Government and Beaver Creek. The half-cent county sales tax is dedicated to funding regional transportation. One-JAKE WOLF TBD tenth of this tax goes toward funding the regional trails system. _____________________________ Town's voting representative on Eagle County's Transit & Trails Advisory Board.Alternate: SARAH SMITH HYMES _____________________________ Appointment: Eaglebend, Kayak Crossing & Elected or Appointed Buffalo Ridge Housing The management of the Corporation is accomplished through a Town Council also must approve other board member CorporationsBoard of Directors (the "Board") which oversees administration, appointments when a vacancy occurs. operations and maintenance of the Project. The board consists of 5 directors. The property is being managed by Polar Star Appointment: Properties under an agreement with the Corporation. The TBD present members of the Board are Gerald E. Flynn, Jeffery M. MEGAN BURCH Spanel, Craig Ferraro and Megan Burch. _____________________________ Alternate: VIRGINIA EGGER _____________________________ January 13, 2016 - remainder of 2016 dates will be scheduled Public Access TV: Channel 5 Voting representative on the Board of the nonprofit organization Appointment: Elected Meet once a quarter that manages non commercial public, educational and governmental programming; receives Town's PEG fees from Appointment: 4pm - 5:30 pm COMCASTJAKE WOLF Channel 5 Studio _____________________________ Colorado Municipal League Policy The CML Policy Committee is a standing committee that Appointment: Elected or Town Manager Committeedevelops the League's legislative program. The membership is Primary Representative: composed of representatives from each member municipality, MATT GENNETTVarious dates 3 -4 times CML sections, and district presidents. _____________________________per year Alternate: Meetings in Denver Voting representative on policy matters before the State JAKE WOLF Legislature _____________________________ 12/4/2015 Page 1 2015 COUNCIL & TOWN MANAGER2016 MEETING AGENCYDESCRIPTION ASSIGNMENTSDATES Colorado Association of Ski TownsCAST members use the power of the coalition to seek support Appointment: for legislation that will benefit and sustain the mountain Elected, if desired January 20-21 Whistler, BC communities. We support actions that keep our communities Town Manager regulary attends; non-voting if an Elected March 10 Denver, CO (Annual Legislative Meeting) livable, protect our pristine environment, and promote Official is appointed June 23 Vail, CO (Annual community-based land use, mass transit, affordable housing, Meeting & Reception held during CML Conference) and sustainable tourism. Our goal is to foster growth that will Primary Elected Representative: JENNIE August 25-26 Fraser, CO ensure an exceptional quality of life for citizens and a positive FANCHER October 27-28 Pagosa Springs,CO (tentative) experience for visitors _____________________________ Voting representative on ski town consortiumAlternate: Has varied by interest I-70 CoalitionVoting representative from towns & counties along the I-70 Appointment: Elected or Town ManagerJan 14, Full Coalition Meeting, 1:00-3:00 - Silverthorne Library Feb 3, Board Meeting, 10-Noon, Frisco Town Hall corridor working to reduce I-70 vehicular congestion and March 2, Board Meeting, 10-Noon, Frisco Town Hall improve safety. Also continues to evaluate proposed magnetic April 7, Full Coalition Meeting, 1:00-3:00, Silverthorne Library train(Guideway System) May 4, Board Meeting, 10-Noon, Frisco Town Hall Appointment: June 1, Board Meeting, 10-Noon, Frisco Town Hall VIRGINIA EGGER July 14, Full Coalition Meeting, 1:00-3:00, Location TBD _____________________________ Aug 3, Board Meeting, 10-Noon, Frisco Town Hall Sept 7, Board Meeting, 10-Noon, Frisco Town Hall VVP: 1. EGE Air Alliance The EGE Air Alliance is a 501-c6 non-profit public-private Appointment: Elected or Town Manager partnership that provides the funding to make the Eagle County Regional Airport (EGE) a vital part of the Eagle County economy Appointment: with a vibrant flight service program. Formed in 2002, the EGE Next Meeting: Air Alliance partnership includes government entities and VIRGINIA EGGER 1st Monday of the month private business stakeholders in local towns within Eagle ____________________________VVP Conference Room County. Serves as representative to discuss regional airport topics of concern. VVP: 2. Economic Development Economic Development Leadership Council: Serves as Primary Representative: Elected or Appointed Leadership Council serves under representative on the advisory board to the VVP governing the umbrella of the Vail Valley board; assists with regional & local collaboration, research, and Appointment: Partnershipfollow through on economic development initiatives. January 14, 2016 April 14, Vail Valley Economic Development Advisory Council: The JENNIE FANCHER 2016 July 14, 2016 Vail Valley Economic Development Advisory Council is a resource and sounding board for the _____________________________ October 6, 2016 Time: Advisory Council Partnership. The Advisory Council will provide advisement on Alternate: 3:00-5:00 p.m. Location: TBD Contact Names: Chris Romerissues at hand to ensure that local economic development activities undertaken by VVED are relevant to the needs of the SCOTT PRINCE business community and remain aligned to the core mission. _____________________________ Vail Valley Mountain Bike Regional committee focused on achieving IMBA Gold Appointment: Elected or Appointed AssociationDesignation. VVMB coordinates volunteer trail work, organizes events, trains Appointment: volunteer trail construction crew leaders and contributes its SCOTT PRINCE talents, guidance and time to support local land managers in _____________________________TBD-New committee; various times; generally evenings various soft surface trail initiatives. Alternate: MATT GENNETT _____________________________ Eagle County Home Buyer The Eagle County Homebuyers Assistance Committee (HBAC) is Appointment: Elected Assistance Committee ("HBAC")a volunteer committee, who represents public and private Tori Franks: Eagle County (328-entities throughout the valley. We are an advisory committee, February 9, 2016 May 8775)to the Board of County Commissioners who, working closely Appointment: 10, 2016 August 9, 2016 Eagle County Housing & with the Eagle County Housing Department, recommends November 8, 2016 Valley Development Departmentpolicies regarding the Eagle County Home Buyers Assistance SCOTT PRINCE Home Store conference room in the Miller Ranch Community Center Programs and First Time Home Buyers Education Classes. _____________________________ from 4:00 - 5:00 p.m. 12/4/2015 Page 2 2015 COUNCIL & TOWN MANAGER2016 MEETING AGENCYDESCRIPTION ASSIGNMENTSDATES Traer Creek LiaisonsJoin the Town Manager in bi-weekly meetings to stay informed Appointment: Elected or Appointed & updated on development topics Appointment: JENNIE FANCHER _____________________________As determined by group Appointment: MATT GENNETT Hoffman Commercial Real Estate Join the Town Manager in bi-weekly meetings to stay informed Appointment: Elected or Appointed Liaisons& updated on development topics Appointment: JENNIE FANCHER _____________________________As determined by group Appointment: SARAH SMITH HYMES _____________________________ 12/4/2015 Page 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: Robert L. Ticer, Chief of Police th , 2015 Date: December 8 Agenda Topic: Intergovernmental Agreement for Eagle County Animal Control Services (Renewal) Summary: The Avon Police Department is recommending approval of the attached IGA to allow Eagle County Animal Control Services to continue to serve the Town of Avon. Previous Council Action: The Avon Town Council previously approved an IGA with Animal Control Services for Calendar Year 2015. This renewal IGA is for Calendar Year 2016, and has no substantive changes from the current and existing contract. Background: The Avon Police Department does not employ an Animal Control Officer or maintain facilities to manage the intake or safekeeping of domestic animals. This IGA will continue to allow Eagle County Animal Control Services to serve the Town of Avon and provide the following: Twenty-four hours per day emergency on call service. Animal shelter service. Investigation and reporting of animal bite incidents. Enforcement of the leash law by citing violators into the Municipal Court. Response to calls from the Police Department or from citizens. The following activity has been recorded by the Eagle County Animal Control in the Town limits of Avon: 2014 2015 through October 8 Bites to persons 12 Bites to persons 8 Field Enforcements 11 Field Enforcements (total animal related 5 Seizures, (owners in custody) calls for service) 37 Strays or At-large cases 3 Seizures, (owners in custody) 10 Animal Surrenders 50 Stray or At-large cases 1 Cruelty/Neglect investigation 21 Animal Surrenders 5 Cruelty/Neglect Investigation Discussion: Eagle County Animal Control Services will respond to calls; however, they do not provide routine patrol in Avon. Due to budget savings plans in 2011, the Avon Police Department eliminated the Police Service Officer (PSO) position. A portion of the PSO duties included enforcement of the leash law ordinance. Due to the staffing reduction, pro-active patrol for animal ordinance violations is conducted by Avon Police Officers. This Agreement is effective January 1, 2016, and shall end on the 31st day of December 2016. The Agreement shall run yearly from January 1, to December 31, each year, with a review by each party in August of that year. Either party shall have the right to terminate this Agreement with or without cause at any time by giving the other party thirty (30) days prior written notice of termination. Obligations of the Town and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. The contract is $800.00 per month under this IGA, which has been budgeted for in the 2016 Police Department Budget. Additionally, the County shall bill the Town for On-Call Emergency Services at the rate of $50.00 per hour in the case of a call-out after hours. If the IGA is not approved, the Avon Police Department will be required to provide animal control service to the community, which may reduce patrol coverage and law enforcement response times to active law enforcement incidents. Staff Recommendation: It is recommended that the attached IGA with Eagle County for Animal Control Services be approved. Recommended Motion: “I move to approve the Intergovernmental Agreement between the County Of Eagle, State Of Colorado and the Town of Avon, as presented.” Attachment: Intergovernmental Agreement between the County Of Eagle, State Of Colorado and the Town of Avon INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made on December 8,2015by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Avon, a municipal corporation (the "Town"). WITNESSETH WHEREAS , the Town desires to contract with the County for the performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS , the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS , this Intergovernmental Agreement is authorized pursuant to Section 29- 1-201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE , in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. Except for sheltering services, the services described herein will be provided within the municipal boundaries of the Town of Avon. SECTION 2. DEFINITIONS. Emergency On-Call Service is defined as any emergency call received by the County for which Animal Services assistance is required and no Animal Services Officer is on duty to respond. Shelter means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide General Animal Services and Emergency On-Call Service within the Town of Avonas follows: A. General Animal Services shall include: Eagle County –Town of Avon Intergovernmental Agreement for Animal Control Services December 8, 2015 Page 1of 5 i. Administration and enforcement of the Town of Avon Title 6 presently in effect and as may be subsequently amended to apply forthe control and licensing of animals within the Town boundaries.Eagle County Animal Services shall be considered the Animal Control Officer of the Town as defined by Section 6.04.020 of the Town of Avon Municipal Code. ii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Avon. iii. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are animals impounded within the Town of Avonand animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. B. Twenty-four (24) hours per day Emergency On-Call Service. i. Emergency on Call Service will be provided during the period when an Eagle County Animal Services Officer is not on duty. In the event that an Eagle County Animal Services Officer is not immediately available to respond to an incident or emergency, the Town of Avonwill provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Services Officer arrives to resolve said incident. SECTION 4. OFFICIAL STATUS. For the purpose of performing the AnimalServices and functions set forth in this Agreement, Eagle County Animal Services shall enforce, as the Town’s agent, the Town of Avon Animal Ordinances relating to animal control and licensing now in effect and as amended. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. A. The Town of Avonagrees to pay the County, monthly, the sum of $800.00 for General Animal Services. B. On Call Emergency Services shall be billed at: $50.00 per hour. C. The Town of Avonagrees to pay the County on or before the fifteenth day of each month for all General Animal and Emergency On-Call Services rendered the previous month. D. All fees and expenses recovered at or for the Shelter will remain with the County. Eagle County –Town of Avon Intergovernmental Agreement for Animal Control Services December 8, 2015 Page 2of 5 E. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. A. The Eagle County Animal Services Officer shall have full cooperation from the Town of Avon, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. B. The rendition of Animal Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. C. All persons employed in the performance of such Animal Services for the Town of Avon, pursuant to this Agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION 8. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County and the Town shall respectively provide its own insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. C. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to either party, its officials, employees, contractors’ or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This paragraph shall survive termination of this Agreement. SECTION 9. TERM AND TERMINATION. A. This Agreement is effective January 1, 2016, and shall end on the 31st day of December, 2016. Either party shall have the right to terminate this Agreementwith or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rate for the number of days the County performed General Animal Services and adding all charges for any additional services, including Eagle County –Town of Avon Intergovernmental Agreement for Animal Control Services December 8, 2015 Page 3of 5 Emergency On Call Services, performed by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. B. Obligations of the Town of Avonand the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avonand the County, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Avon: Chief of Police P.O. Box 975 Avon,CO 81620 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreementbetween the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. Eagle County –Town of Avon Intergovernmental Agreement for Animal Control Services December 8, 2015 Page 4of 5 F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town,that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void asof the date of such Court determination. IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By:______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Teak J. Simonton, Clerk to the Board TOWN OF AVON By:___________________________ Jennie Fancher, Mayor Attest: By:___________________________ Debbie Hoppe, Town Clerk Eagle County –Town of Avon Intergovernmental Agreement for Animal Control Services December 8, 2015 Page 5of 5 TA,C OWN OF VON OLORADO AMMT,N17,2015 VON EETING INUTES FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET 1.CO&RC ALL TO RDER OLL ALL Mayor Fancher called the meeting to order at 5:00 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Megan Burch, Matt Gennett, Buz Reynolds and Jake Wolf. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Police Chief Bob Ticer, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2.AA PPROVAL OF GENDA Mayor Fancher asked to add item 5.2 a presentation of body worn cameras and to reverse items 4.3. and 4.2. Council agreed to the change. 3.PC UBLIC OMMENT Michael Cacioppo commented. 4.AI CTION TEMS ARF CM&AF 4.1.R EVIEW AND CTION ON EQUEST FOR UNDING FOR THE OVERSTOCK USIC RT ESTIVAL (PTD) RODUCER OM OBREZ Mayor Pro Tem Wolf recused himself due to a conflict. Michael Cacioppo commented. Councilor Burch moved to approve funding in the amount of $35,000 to Local Events, LLC for the production of the CoverStock Music & Art Festival. Funding will be from the 2016 General Fund Special Events Assigned Fund Balance, and is conditional on the Avon Town Council approving this line item in the 2016 General Fund budget on December 8, 2015. In addition, I move to approve up to $7,500 of in-kind services; Councilor Gennett seconded the motion and it passed unanimously by those present. Mayor Pro Tem Wolf abstained. 4.2.FRON15-11,OAAMCT IRST EADING OF RDINANCE O AN RDINANCE MENDING THE VON UNICIPAL ODE ABLE 7.16-1S7.16.060()(1)CAWPUDA AND ECTION H ONCERNING MENDMENTS TO ILDRIDGE PPLICATIONS (TPBG) OWN LANNER RIAN ARNER John Minervini, Michael Cacioppo and David Standjord commented. Councilor Prince left the meeting at 6:06 p.m. thereby approving Case #CTA15001, an Councilor Reynolds moved to continue Ordinance No. 15-11, application for a code text amendment pertaining specifically to the Wildridge Subdivision in its entirety, an application to add a new Section 7.16.060(h)(1)(iii) Amendments to Wildridge PUD to the Avon Development Code and edit Table 7.16-1 accordingly, together with the findings of fact to January 26, 2016 meeting ;Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Prince was absent. 4.3.FRON.15-12AEVRRH IRST EADING OF RDINANCE O PPROVING AN XTENSION OF ESTED IGHTS FOR THE ED OUSE PUD(TPBG) LANNED NIT EVELOPMENT OWN LANNER RIAN ARNER Avon Council Meeting 11-17-2015 Minutes.doc Page 1 TA,C OWN OF VON OLORADO AMMT,N17,2015 VON EETING INUTES FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET on first reading and setting a public hearing date Councilor Prince moved to approve Ordinance No. 15-12 of December 8, 2015, thereby approving Case #VPR15001, an application to extend the vested property rights for the Red House Property ;Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. 4.4FRON.15-14PZCMWC IRST EADING OF RDINANCE O REGARDING EMBER ORK ONFLICTS (TAEH) OWN TTORNEY RIC EIL Councilor Reynolds moved to approve Ordinance No. 15-14 an Ordinance Enacting Chapter 2.34 Qualifications of Council Members and Planning and Zoning Commission Members of the Avon Municipal Code on first reading and setting a public hearing on December 8, 2015 for second reading;Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Prince was absent. 4.5.FRON.15-13,OAS8.25.030A IRST EADING OF RDINANCE O AN RDINANCE MENDING ECTION OF THE VON MC,ASFAO UNICIPAL ODEALSO KNOWN AS THE VON MOKE REE IR RDINANCE (EATMPN) XECUTIVE SSISTANT TO THE OWN ANAGER RESTON EILL Andrew Beaver, Leann Marshall, Camille Sautelle and David Standjord commented. Councilor Gennett moved to deny Ordinance No. 15-13, an Ordinance Amending Section 8.25.030 of the Avon Municipal Code, also known as the Avon Smoke Free Air Ordinance on First Reading;Mayor Pro Tem Wolf seconded the motion and it passed 5 to 1 vote. Councilor Reynolds voted no. Councilor Prince was absent. 4.6.ConsentA GENDA 4.6.1.AAECGTA PPROVAL OF AN GREEMENT BETWEEN AGLE OUNTY OVERNMENT AND THE OWN OF VON CPLTBCM ONCERNING THE URCHASE OF ARGE RANSIT USES UNDER THE OLORADO OUNTAIN PCP(TDJB) URCHASING ONSORTIUM ROCUREMENT RANSIT IRECTOR ANE URDEN 4.6.2AN10,2015RMM(TCDH) PPROVAL OF OVEMBER EGULAR EETING INUTES OWN LERK EBBIE OPPE Councilor Burch moved to approve the consent agenda; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Prince was absent. 5.WS ORK ESSION 5.1.RDUNPP,DP,JU ECREATION EPARTMENT PDATE ON OTTINGHAM ARK LAYGROUND OG ARK OINT SE RP,PHT20AOTARC TH ECREATION ASSROGRAM IGHLIGHTS AND HE NNIVERSARY F HE VON ECREATION ENTER (RDJC) ECREATION IRECTOR OHN URUTCHET Councilor Prince returned to the meeting at 7:55 p.m. 6.CMU:CM OMMITTEE EETING PDATES OUNCILORS AND AYOR 7.M&CC AYOR OUNCIL OMMENTS Avon Council Meeting 11-17-2015 Minutes.doc Page 2 TA,C OWN OF VON OLORADO AMMT,N17,2015 VON EETING INUTES FOR UESDAY OVEMBER ATH,OLS VON OWN ALL NE AKE TREET 8.A DJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 8:25 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Avon Council Meeting 11-17-2015 Minutes.doc Page 3 TOWN COUNCIL REPORT To: Mayor Jennie Fancher & Town Council From: Robert L. Ticer, Chief of Police th Date: December 8, 2015 Re: Avon Police Department 2015 Tri-Annual Report (January-September statistics) Department Overview The Avon Police Department is a full-service municipal law enforcement agency responsible for 24/7service tothe Town of Avon, with a population of 6410, as of 2013 U.S Census Bureau estimates. The Department consists of eighteen (18)sworn police officers, two (2)non-sworn employees, one (1) part time seasonal non-sworn employee, and one (1) part time police officer.The 2015 Avon Police Department adopted budget is $2,992,877, which is 18.63% of the Town’s budget. Avon Police employeesfocus attention to the Department’s Mission Statement and Goals on a day-to-day basis to ensure the safety and security of residents and visitors in the community. Administration of the Department The Police Department is administered by the Police Chief, and is assisted by a Deputy Chief and three (3) Sergeants.Each Patrol Sergeant oversees six (6) police officers, while the Detective Sergeant supervises the detective and major programs such as Police Training.The twelve (12) Patrol Officers and two (2) Patrol Sergeants work 11.5 hour shifts. Avon Police Department Organization Chart th Significant Activity Since May 12, 2015 Written Reportto Council: Avon Police Detective Sergeant Ken Dammen retired. Officer Coby Cosper waspromoted to Sergeant and now supervisesoneof the two patrol squads within the Department. Subsequently, Sergeant Jonathan Lovins wasmoved to the DetectiveSergeant position. Local Eagle County Resident Brad Stamp was hired as the Town’s newest police officer and is completing his basic trainingat the Colorado Mountain College Law Enforcement Training Academy in Glenwood Springs, with graduation scheduled for December 11, 2015. Ms. Brenda Torres washired as a temporary AdministrativeAssistant to augmentthe day to day administrative operations within the Police Department. Her bi-lingual skills have been instrumental in achieving day-to-day tasks within the organization. Assessors from the Commission onAccreditation forLaw Enforcement Agencies (CALEA) conducted their on-site assessment of the Avon Police Department in September. Currently the Department has CALEA Law Enforcement Recognition. During the assessment, assessorsevaluated the Department on 189 professional standards. The Avon Police Department was in compliance with all standards. It is expected that the Department will receive full CALEA Accreditation before the CALEA Commission in the spring of 2016. The Avon Police Department will be the smallest accredited police department in Colorado and the only accredited agency on the Western Slope. The Avon Town Community Survey was completed and the findings showed that 93% of community members feel safe in Avon. Additionally, the survey indicated favorable responses to patrol activitiesand showed excellent community relations throughout a variety ofneighborhoods and in diverse demographics. thrd A new cadre of community members graduated the 7Annual Avon Police Citizen’s Academyand the 3Annual Latino Citizen’s Academy in the fallof 2015. Tri-AnnualReporting of Crime and Traffic Statistics: The Avon Police Department is committed to reducing crime and improving traffic/community safety through community partnerships, education, and by enforcement of laws. The Department has been capturing known data since 1997, which is available for analysis and is used for strategic planning. Additionally, the data is used to identify when and where crimes and crashes are occurring and to efficiently and effectively deploy officersto further deter/reduce crime and improve traffic safety. Some crime is random, but utilizing data and identifying areas of concern allow the most efficient use of personnel to improve community safety. This document contains year-to-year historical crime reporting and traffic data, which highlights highs and lows in activity. There are many variablesthat contribute to crime and traffic crashes: such as weather, staffing, philosophy, prioritization, special events, population, economy, etc. Secondly, this memorandum contains current 2015 January-Septembercrime/traffic dataas compared to January-Septemberof 2013 and 2014. Lastly, additional programs and community projects that the Police Department is working on is documented. Year-to-Year Crime/Traffic Reporting The Police Department captures a wide variety of data and statistics for a variety of reasons. First, crime data is sent to the FBI for documentationin the Uniformed Crime Report (UCR). The FBI uses this information to produce a crime index for each community that voluntarily submits crime information. The latest index available is from 2013and lists the Avon UCR Index at99.1, which is lessthan a thirdof the national average of 294.7.The 2013 UCR in Avon is the second lowest in the town over the last 13 years (2010 had an index of 81.8). This is an excellent indicator of low crime rates in the Town of Avon. Between 2009 and through the current data available, Avon has had the lowest UCR indexes dating back to 2001. Additionally, the Police Department compares statistical data against the Annual Benchmark Cities Survey, which is anearly two decade long comparative police performance analytics. Twenty-nine(29)law enforcement agencies from throughout the country participatein this survey including Boulder, Ft. Collins, and Lakewood, Colorado. The latest available annual data for this national survey is 2014.http://www.opkansas.org/maps-and- stats/benchmark-cities-survey/ The yellow and red highlights in the table below indicate high and low ranges of the historical period. The larceny category includes shoplifting cases and has shifted year-to-year depending upon staffing of safety and loss departments at local retailers. Reporting procedures changed in 2004,therefore,data for total reports and calls for service are most accurate for comparison purposes moving forward to today’s data. Avon Police Department 1997-2014Activity Statistics 1999*200020012002200320042005200620072008200920102011201220132014 Total Crimes Reported101596511531119110113101191133014381227869786908613667912 Group A Crimes(1)498498620632495585553592571562438368440372313388 Group B Crimes(2)517467533487606725638738867665431418468241354524 Clearance Rate.33.62.56.40.43.52.42.35.49.41.43.43.48.59.44.40 Total Reports388045295223554453253947*128414061453133895289711111015925912 Calls for Service278732143608429419819212502121519359133641438216905162131382916909 Traffic Accidents282310330307270187221213204253177170161142174148 Traffic Accidents ETOH/Drug071416146871012 Total Arrests385452526533500595477568722607366334384450435501 Adult Arrests325402453472443520421512654549350291363419413478 Juvenile Arrests42507361577556566858164321312123 Felony Arrests878311786703971885450 Sexual Offenses48711986624661212410 Robbery353252110002 Burglary1936614541373047334138282491112 Larceny15817320423116617518419816415515314916087129159 Motor Vehicle Theft6141620151522151317794146 Assault657193779010185789074424841373645 Arson0044312100002113 Forgery/Counterfeiting92035181724202429382595549 34 Fraud425133214337494248322017283227 Vandalism6178961186974117110104117945464517269 Weapon Offense5926374869113406 Narcotics3139416755853443805036411011351536 DUI7076698512316995105154153937811889105150 Liquor Lawswhat is this249396871064948615237173125232316 Disorderly Conduct31463323614739615942252630332419 Domestic Violence31545342427570888464304041385537 Traffic Stops24772115203915531765**1193*1227189420552126238328604691429932834302 Traffic Warnings791116911431098143418113101252323713275 Traffic Summons6824955554435693972785546147726637821192961701820 Speeding237233340312393379275118169 Avon142708057633116514 Wildridge91118152324 WBC BL171949101864636922 EBC BL1693335317665 Swift35613761322 I 705911393614726519185103 Metcalf2416219223137 Nottingham7118441917747 Safety BeltTickets25086410407365316 Child Safety SeatsTickets2283715 Criminal Summons26632032929129391* Odor ComplaintsN/A28303220000000 Animal Control Warnings663020253319121028 Animal Control SummonsesN/A35321222202238341327967113 Wildlife Protection Ordinance N/AN/AN/AN/AN/A41891361036255231140329 (CFS) Wildlife Protection Ordinance N/AN/AN/AN/AN/A01516200700201 Summonses Bear CallsN/AN/AN/AN/AN/A12024321061610838351311860 Smoking Violation N/AN/AN/AN/AN/AN/AN/A772000000 Summonses Smoking Violation Warnings434000000 January 1-December 31, 2014 (1)Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense,Prostitution, Bribery and Weapon Violations. (2)Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping Tom, Runaway and Trespass. 1997 Traffic Stops June 20-December 31, 1997 2003 Traffic Stops January 1-December 28, 2003 Crime/Traffic Statisticsand Calls for Service: During January through Septemberof 2015, Vail Public Safety Communication Center dispatched 3,369calls for service to the Avon Police Department. In addition to these calls, officers logged 8,178self-initiated calls for service, whichinclude traffic stops, building checks,foot patrols, extra patrols as requested by community members, community contacts, etc. The Benchmark Cities Survey shows that the average number of annual calls for service per 1,000 citizens is 457.8. Calls forservice in Avon have been significantly higher over the last three years at 691 in 2012, 619 in 2013, and 652 in 2014. This indicates that the Avon Police Department is busier than the average law enforcement agency in response requests, which may be an indicator of public trust. Community members call when they need assistance, whether emergent or not. The Police Department, as part of the annual performance matrix, measures response times to calls for service. These times are documented and calculated through the Vail Public Safety Communications Center. Calls for service are brokeninto four priorities, which are: Priority 1:Life or property in immediate threat or just occurred.Unitsrespond immediately, lights and sirens. Priority 2:Respond promptly, no lights and sirens necessary. Priority 3:Normal everyday calls for service, needs to be handled in a timely manner. Priority 4: Calls can be held for a period of time. The Annual Benchmark Cities Survey indicates thatthe average response time for Priority 1 responses is 5.61minutes for the twenty- nine (29)agencies surveyed. The survey does not break down Priority 1 or 2 as does the Vail Public Safety Communications Center; however, the Avon Police Department’s response times for emergency calls (Priority 1 and 2) are significantlyless than the survey average. Avon Police Department Response Times: 2012 P1 –0:00:00 (No priority 1 events) P2 –0:03:39 P3 –0:08:08 P4 –0:08:56 2013 P1 –0:03:53 (2 Priority 1 events) P2 –0:03:53 P3 –0:11:38 P4 –0:09:18 2014 Priority 1 -00:00:57(2 Priority 1 events) Priority 2 -00:03:13 Priority 3 -00:10:59 Priority 4 -00:07:40 Crime Reporting/Incident Reports: During January through Septemberof 2015,crime reporting and incident reports remained stable in comparison to the same months of 2014.February 2015 was very busy with the Alpine World Ski Championship,the Après Avon two-week concert series, and the three-day Winter Wonder Grass Festival in Avon. Total reported crime for February increased 59%, and total incident reports increased 29% when compared between 2015 and 2014. Alcohol/Drugs: Persons under the influence of alcohol and/or drugs continue to be a root cause of crime, especially in relation to crimes against persons incidents and driving under the influence cases. Marijuana arrests have continued to declinesubstantially since the passage of Amendment 64 by Colorado votersover twoyears ago. Officers made 7% more DUI arrests between January and Septemberof 2015 compared to the same periodof 2014. DUI related crashes declined 56% from 9to 4 and narcotic arrests declined 23% over the same time period. Arrests: These arrest numbers include fullcustodial arrests, where the subject is booked into the Eagle County Detention Facilityand summons and releases for minor offenses. Due to the distance to the Detention Facility and currentstaffing levels, Avon Officers attempt to summons and release when possibleto ensure the Officers are within the town boundaries as much as possible. Between January and September of 2015, Avon Police Officers made the same number of arrests as they didduring the same time period in 2014. Felony arrests increased by 1 during the same time period. Property Crimes: Property crimes have remained at historic lows over thelast several years. Between January and Septemberof 2015, burglary, forgery, and fraud remained nearly the same as for the previous two years. Theft decreased 14% and vandalism saw an increase of 18% between January and September of 2015 compared to the previous time frame in 2014. In comparison to the Benchmark Cities Survey, the average annual number of burglaries per 1,000 residents is 4.5. Avon has seen an annual average below 2 for each of the last three years. In comparison to the Benchmark Cities Survey, the average annual number of auto thefts per 1,000 residents is 1.9. Avon has seen an annual average below one (1)for each of the last three years. Crimes Against Persons: There was 1 robberyreported between January and September of 2015, which is 1 more than reported during the same time period in 2014. Between January and September of 2015 compared to the same time period in 2014, sex offenses decreased 22%, assaults decreased 16% and domestic violence decreased 28%. In comparison to the Benchmark Cities Survey, the average annual number of reported domestic violence per 1,000 residents is 5.9. Avon has seen an annual average less than that number in 2014, yet higher at 8.5 in 2013and equal in 2012. In comparison to the Benchmark Cities Survey, the average annual number of reported sexual assaults per 1,000 residents is .37. Avon has seen a rate significantly higher than this average for each of the last three years at 1.8 in 2012, .62 in 2013, and 1.5 in 2014. The Avon Police Department tracks clearance rates for the most serious crime. Some crime has high solve rates such as narcotic arrestsand assaults, while other crime likesexual assaults, burglaries, and thefthave lesser solve rates. The Avon Police Department has a clearance rate that is significantly higher than the Benchmark Cities Survey average.The Avon rate has declined over the last two years, primarily because of less drug arrests as a result of the passage of Amendment 64 by Colorado voters. Traffic Crashes: Traffic Crashes have declined from 142in 2013 to 105in 2014 to 101in 2015, for January-September. Of the 101crashes in 2015, 10 involved injuries and 4involved an impaired driver. The majority of crashes occur on Interstate 70, Avon Road, Beaver Creek Boulevard, Beaver Creek Place, and Metcalf/Nottingham Roads.The Benchmark Cities Survey indicates that the crash rate for 1,000 citizens annually is23.4. Factoring this average wouldequate to 150crashes in Avonannually. Avon recorded 142 crashes in 2012, 174 in 2013,and 148 in 2014. 2012was the lowest number of crashes on record for Avon. Traffic Enforcement: Traffic crashescontinue to decline in the Town of Avon with historic lows being recorded. Crashes declined another 3.8% between January and September of 2015 compared to the same time period in 2014 and 29% from 2013 numbers.Trafficsummonsesbetween January and Septemberof 2015 decreased 21% in comparison to the same time period in 2014. Officers issued2079warnings to traffic offenders between January and Septemberof 2015, which was nearly the same for the same time period in 2014. Seat belt citations declined 52% between January and September of 2015 compared to the same time period in 2014. The Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at 159. In 2014, the Avon Police Department issues 970 traffic citations/summons, which included 150 arrests for Driving Under the Influence(DUI). This annual number is 151 citations per 1,000 citizens in Avon, which is below the survey data average. Patrol Vehicle Usage and Annual Mileage: The Police Department utilizes nine (9) black and white fully marked patrol vehicles for patrol operations. Each of the two Patrol Sergeants isassigned a vehicle and the other seven (7) vehicles are shared between the 12 Patrol Officers. Of the nine (9) vehicles, eight (8) are Chevrolet Tahoe and the other is a Chevrolet Caprice sedan. Annual mileage usage for these vehicles differed slightly over the last three years in comparison due to staffing and calls for service. Using the formula of 14 sworn personnel assigned to patrol operations, officers averaged 8,216 miles driven in 2014, 7,723 miles driven in 2013, and 7,304 miles driven in 2012. The Department was fully staffed in 2014. Patrol Vehicle Mileage Annual Comparison 201220132014 115073 108133 102260 8219 7723 7304 Total MileageAverage Per Officer/Sgt CommunityPolicing Projectsand Involvement: Kids, Cops, and Hoops Community Basketball Program. Eagle River Youth Coalition Partnership. Suicide Prevention Coalition of Eagle County(Speak up Reach out). Dinner and DialoguePresentation on Youth Substance Abuse. Eagle County Law Enforcement Immigrant Advisory Committee. Presentationat Colorado Association of Chiefs ofPolice Marijuana Summit. Planning of the proposed new Avon Public Safety Facility. Managing the Gore Range DUI Task Force grants. Special Events: 2015 Alpine WorldSki Championships. Incident Command, Tactical Command, Dignitary Protection, andcommunity presentations. AprèsAvon 2-week staffing. Winter Wondergrass Festival. Staffing/Incident Command. rd July 3Salute to the USA. Multiple Summer Nottingham Park Community Events. th 7Annual Citizen’s Academy rd 3Annual Latino Citizen’s Academy Special Projects/Personnel/Training: End of Year department reports completed. CALEA on-site assessment. Quarterly inspections and audits completed. Detective Sergeant Ken Dammen retired. Promotion of Officer Cosper to Sergeant. Hiring of Police Officer Brad Stamp. Hiring of Part Time Administrative Assistant Brenda Torres. Quarterly Department Training completed. Bi-monthly Eagle County Special Operations Unit Training completed. Implementation of Body Worn Cameras. Finalization of electronic citation/data system in partnership with multiple agencies through grant funding. Summary: The Avon Police Department believes that every crime victim is a victim regardless of what the crime rate is. Recognizing this, the Town of Avon has seen acommunity with low ratesof crime and improved traffic safety. Reasons for these successes are varied; however, it is apparentthat high visibility patrol, efficient use of data to deploy officers efficiently and effectively, and excellent community involvement/trust are significant factors. This document is the first requested quarterly report for the current Avon Town Council and should be utilized to ask further questions and provide additional ideas for community policing and problem solving to reduce crime and improve traffic safety. TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Town Council From: Robert L. Ticer, Chief of Police th Date: December 8, 2015 Police Department Disposition on Forfeited Properties for 2015 (Memo Only) Agenda Topic: In accordance with Avon Town Resolution 2000-12, The Committee on Disposition of Forfeited Property, consisting of Councilor Buz Reynolds, Assistant District Attorney Heidi McCollum, and Chief of Police Robert L. Ticer, met on November 10, 2015 to evaluate forfeited monies in the Forfeiture Account for law enforcement expenditures. These monies were from adjudicated criminal cases. There were no expenditures to this account in 2015 and no additions to the account from cases in 2015. The current balance remains at $204.02. Respectfully Submitted, Robert L. Ticer Chief of Police TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: November 30, 2015 Agenda Topic: Nottingham Blacksmith Shop Summary Staff continues to evaluate the potential to move and further preserve the Nottingham Blacksmith Shop log structure, currently located at 2000 Hurd Lane on private land. The property where the structure is located was sold earlier this year to Cory Phillips, who plans to redevelop the property in a few years. The building will likely get demolished if it is not relocated. Staff, Council and citizen representatives recently visited the site to evaluate the structural integrity and potential to move the structure. The findings and next steps are highlighted below. The relocation of this structure, if possible, is listed as a Tier 2 priority in the 2016-17 Strategic Plan. Site Visit On November 23, 2015, a site visit was conducted to further evaluate the current condition of the structure and to determine if moving it was feasible. Members of Council (Buz Reynolds, Sarah Smith-Hymes), Tamra Underwood, Willey Gray, and Matt Pielsticker visited the property and were granted access to view the interior. The following points summarize our site visit: The structure is in good shape for its age. Walls appear to be true and straight. Slab foundation and a functioning roof have helped to preserve the log siding. A combination of hand-sewn and logs compose the siding. What appears to be the original door was found next to the building and brought inside. Roof is minimally designed (i.e. no truss beam) and would need alterations for safety. Metal tools were found inside, believed to be constructed by the original forge. Historic Significance According to the Nottingham Blacksmith Shop Historical Background and Field Analysis, provided by Tatanka Historical Associates – dated November 10, 2008, the structure is estimated to be over 100 years old, and acknowledges it has been modified and moved at least twice over the years which inhibit some of its historical integrity. With that being said, the Analysis recommends preservation based on its “restorable condition,” rare nature being one of only a few remaining structures from Avon’s past, Nottingham family history, and interpretive opportunities if a new location can be identified. Next Steps Staff will obtain cost estimates for moving the structure and explore potential sites for relocation. Findings will be presented to Council in early 2016. NOTTINGHAM BLACKSMITH SHOP PAGE 1 OF 2 November 23, 2015 Interior Photographs NOTTINGHAM BLACKSMITH SHOP PAGE 2 OF 2 FISCAL YEAR 2015 FINANCIAL REPORT December 8, 2015 ______________________________________________________________________________________ 1.Fiscal Year 2015Financial ReportCover Memo 2.Sales and Accommodations Tax Reports-September2015 3.Real Estate Transfer Tax Report and Monthly Detail-October2015 4.GeneralFund Year-To-Date Expenditures -October2015 5.Fleet Maintenance Fund Year-To Date Expenditures -October2015 6.TransitFund Year-To Date Expenditures -October2015 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancherand Avon Town Council From:Kelly Huitt, Budget Analyst Date:December 3, 2015 Re: Fiscal Year 2015 Financial Report – September / October Revenues: SALES TAX Sales tax revenue for the month of September is up $49,219or 9.01% compared toSeptember2014, and up 3.30% compared to the budget. This increase includes $53,160 from new businesses, and after adjusting for new business growth, -.72% is the lossinrevenue from existing businessfor the month.Year-to-date sales tax is up $218,004compared to estimated monthly budgets, andnew businesses makeup 60.47% of this total growth. September collections are up compared to 2014 for all industries except Miscellaneous Retail, which was down -22.41% compared to last year. There was a group of atypical transactions in the Miscellaneous Retail category in September 2014 causing the year over year change to be skewed. Once these late payments are taken out of the 2014 total, the new year over year change is 5.46% for this category. The Other business category had a shift from closing businesses to newly opened entities mostly related to construction and building finishing contractors. Sales tax from Accommodations grew 17.87% for the month and Sporting Goods Rental/Retail Sales increased 19.04%. Sales Tax Monthly Totals 2014/2015Growth Growth Category VarianceExisting BusinessNew Business Home/Garden5,803.38-1.27%12.95% Grocery, Specialty, Health11,821.328.53%1.13% Liquor Stores2,395.2312.18%0.00% Sporting Goods Retail/Rental4,682.3518.83%0.20% Miscellaneous Retail(8,885.76)-23.19%0.78% Accommodations9,332.8016.95%0.92% Restaurants/Bars6,427.356.71%0.05% Other16,421.41-19.53%33.38% Service Related1,221.01-15.17%20.22% Total$49,219.09-0.72%9.74% ACCOMMODATIONS TAX Accommodations tax revenue for September is up $4,578, or 18.84% compared to September 2014, and up 9.64% compared to the monthly budget. Septemberaccommodations tax collections increased for Hotels and Timeshares at 30.23% and 30.94%, while Vacation Rentals are down -44.67%. REAL ESTATE TRANSFER TAX 2015 real estate transfer tax collectionsfor Octoberequal $172,855.22. Year-to-date real estate transfer tax collections through Octber total 87.73% of the total revised 2015 estimated revenue. Expenditures: General Fund expenditures through October 2015 total 78.70% of the total revised budget. These expenditures include the annual Cirsa insurance payment as well as contributionsfor several of the community grants and special event seed funding. Fleet expenditures to date are at 74.69% of the total revised budget. These costs include stock parts and several blanket purchase orders, which encumber funds for the year for ongoing expenditures such as regularly purchased shop supplies and monthly copier charges. Transit funds are 83.95% expendedcompared to the revised annual budget. This includes encumbered funds for the purchase of one bus scheduled for acquisition in 2015. TOWN OF AVON SALES TAX 2015 Actual vs. Budget Actual CollectionsBudgetYTD CollectionsBudget% of change 2010201120122013201420152015Variancefrom 2014 January$515,009.18$511,040.76$519,784.89$677,943.78$638,863.27$674,203$765,195.68$90,992.7519.77% February504,752.59532,903.25533,546.48636,702.27673,722.03710,990788,999.0678,009.1017.11% March620,937.20665,532.70643,910.29720,267.31793,301.96837,185875,499.5338,314.9010.36% April309,937.09305,269.73304,220.84307,407.13381,839.56402,962403,560.42598.845.69% May242,830.16236,424.93270,082.79309,938.72340,332.28359,158353,840.11(5,318.15)3.97% June377,920.42406,828.27430,588.57490,329.18538,517.31568,306570,424.512,118.325.93% July421,975.98452,873.44472,215.40537,479.66570,959.86602,543601,516.82(1,026.53)5.35% August361,702.25419,977.29455,439.86504,332.25547,085.80577,349572,647.57(4,701.09)4.67% September359,139.22391,546.49424,793.75475,362.88546,016.59576,220595,235.6819,015.389.01% October288,859.84299,193.35341,711.43356,925.96417,921.46441,039 November284,528.70301,407.41336,060.63362,460.94397,935.36419,948 December818,360.74921,815.61852,868.64981,917.791,221,263.981,288,820 Total$5,105,953.37$5,444,813.23$5,585,223.57$6,361,067.87$7,067,759.46$7,458,723$5,526,919.38$218,003.529.87% Sales Tax Collections for September $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 20112012201320142015 Year TOWN OF AVON SALES TAX 2015 Actual vs. Budget YTD Sales Tax Collections $5,000,000 $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- 20112012201320142015 Sales Tax Monthly Comparison 2013-2015 $900,000 $800,000 $700,000 $600,000 $500,000 2013 2014 $400,000 2015 $300,000 $200,000 $100,000 $- TOWN OF AVON ACCOMMODATIONS TAX 2015 Actual vs. Budget Actual CollectionsBudget YTD CollectionsBudget% change 2010201120122013201420152015Variance2014 January$ 87,938.84$ 85,233.73$ 90,118.88$108,508.43$129,851.78$ 140,746$164,361.04$23,615.1226.58% February 99,336.34 114,035.90 106,016.32 137,503.61 150,317.06 162,928 175,056.31 12,128.1416.46% March 105,518.15 122,145.16 115,043.42 153,208.80 168,597.39 182,742 183,650.29 908.138.93% April 26,496.88 26,214.58 20,786.24 26,494.49 31,626.02 34,279 34,825.13 545.7910.12% May 12,425.51 15,152.82 16,664.44 24,527.17 21,961.97 23,805 28,002.56 4,198.0527.50% June 32,857.68 49,999.66 56,012.17 66,578.91 54,232.23 58,782 53,397.46 (5,384.68)-1.54% July 51,170.82 62,928.07 66,726.73 73,008.92 81,083.01 87,886 86,301.22 (1,584.39)6.44% August 42,188.56 52,037.55 58,358.93 67,688.07 71,044.33 77,005 75,107.71 (1,897.01)5.72% September 30,090.34 35,521.81 42,245.24 44,661.37 50,840.16 55,105 60,417.74 5,312.2618.84% October 20,614.06 21,801.56 25,879.51 27,154.53 34,977.59 37,912 November 20,582.47 24,971.33 22,786.42 28,171.04 32,064.02 34,754 December 98,561.90 135,984.00 112,759.02 131,361.43 168,944.85 183,119 Total$627,781.55$746,026.17$733,397.32$888,866.77$ 995,540.41$ 1,079,063$861,119.46$37,841.4113.37% Accommodations Tax Collections for September 70,000.00 60,000.00 50,000.00 40,000.00 30,000.00 20,000.00 10,000.00 - 20112012201320142015 Town of Avon Real Estate Transfer Tax 2015 Actual vs. Budget Actual CollectionsBudget YTD Collections$ change% of change 201020112012201320142015201520142014 January$237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 94,169$ 48,640.40$(36,486.34)-42.86% February 362,719.22 230,705.50 41,750.07 55,872.69 562,219.70 260,794 85,479.08(476,740.62)-84.80% March 284,243.65 187,099.47 84,760.49 125,927.64 50,375.06 152,407 168,744.22118,369.16234.98% April 210,185.30 249,482.30 219,195.80 144,437.80 197,656.36 212,453 125,266.30(72,390.06)-36.62% May 112,431.30 187,668.62 270,170.12 121,784.12 183,745.60 182,246 237,971.0854,225.4829.51% June 66,271.14 49,606.58 169,040.47 90,309.74 220,009.15 123,864 294,434.84 74,425.6933.83% July 63,509.36 46,707.37 71,057.40 386,434.78 141,051.52 147,487 396,838.68 255,787.16181.34% August 88,823.40 106,785.21 232,505.93 97,579.70 154,032.32 141,445 152,380.93 (1,651.39)-1.07% September 159,861.96 140,876.56 96,389.34 157,010.67 267,886.92 171,056 291,223.61 23,336.698.71% October 222,575.20 64,005.33 176,889.62 169,839.80 178,044.24 168,836 172,855.22 (5,189.02)-2.91% November 115,654.16 98,057.44 150,549.86 112,491.82 122,582.66 124,717 December 236,117.45 198,448.03 145,134.57 83,382.60 1,598,062.92 470,525 Total$2,159,525.14$1,616,982.41$1,707,647.67$1,567,606.36$3,760,793.19$ 2,250,000$1,973,834.36$(66,313.25)-3.25% Budget 2,250,000.00 Variance, Favorable (Unfavorable)$(276,165.64) YTD Real Estate Transfer Tax Collections $2,250,000.00 $2,000,000.00 $1,750,000.00 $1,500,000.00 $1,250,000.00 $1,000,000.00 $750,000.00 $500,000.00 $250,000.00 $- 20112012201320142015 General Fund October 2015 Expenditures to Date Department Expenditure Summaries Dept./Div.2015EncumbrancesYear To DateAvailable NumberDescriptionBudgetOutstandingExpendituresBalanceYTD/Budget General Government: Legislative: 111 Mayor and Town Council$ 239,890$ 24$ 156,407$ 83,45965.21% 112 Boards and Commissions 15,299 - 9,840 5,45964.32% 113 Town Attorney 155,000 51,066 112,044 (8,110)105.23% 115 Town Clerk 119,162 7,753 100,622 10,78790.95% Total Legislative 529,351 58,843 378,913 91,59582.70% Judicial: 121 Municipal Court 109,262 4,304 76,921 28,03774.34% Executive: 131 Town Manager 359,067 - 277,250 81,81777.21% 133 Community Relations 132,355 - 99,602 32,75375.25% Total Executive 491,422 - 376,852 114,57076.69% Finance Department: 132 Human Resources 365,133 5,013 271,236 88,88475.66% 141 Finance 779,580 12,884 614,832 151,86480.52% 143 Information Systems 376,095 34,352 293,416 48,32787.15% 149 Nondepartmental 395,157 29,168 328,409 37,58090.49% Total Financial Administration 1,915,965 81,417 1,507,893 326,65582.95% Total General Government 3,046,000 144,564 2,340,579 560,85781.59% Community Development: 212 Planning 288,835 8,355 228,150 52,33081.88% 213 Building Inspection 135,274 - 105,550 29,72478.03% 214 Economic Development 130,568 3,633 83,730 43,20566.91% 215 Town Produced Events 364,963 961 286,575 77,42778.78% 216 Signature Event Seed Funding 302,122 100,796 235,000 (33,674)111.15% 217 Community Grants 247,850 50,650 137,822 59,37876.04% Total Community Development 1,469,612 164,395 1,076,827 228,39084.46% Police Department: 311 Administration 619,451 10,267 473,073 136,11178.03% 312 Patrol 2,188,121 21,528 1,550,658 615,93571.85% 313 Investigations 198,955 600 208,120 (9,765)104.91% Total Police 3,006,527 32,395 2,231,851 742,28175.31% General Fund October 2015 Expenditures to Date Department Expenditure Summaries Dept./Div.2015EncumbrancesYear To DateAvailable NumberDescriptionBudgetOutstandingExpendituresBalanceYTD/Budget Public Works: 412 Engineering 379,433 15,462 198,166 165,80556.30% 413 Roads and Bridges 1,494,783 56,514 1,132,751 305,51879.56% 415 Parks 1,016,043 50,565 756,459 209,01979.43% 418 Buildings & Facilities 1,157,527 111,324 778,586 267,61776.88% Total Public Works 4,047,786 233,865 2,865,962 947,95976.58% Parks and Recreation: 514 Administration 214,045 3,355 174,799 35,89183.23% 515 Adult Programs 34,146 40 23,267 10,83968.26% 516 Aquatics 435,468 2,874 325,765 106,82975.47% 518 Fitness 131,054 278 124,311 6,46595.07% 519 Guest Services 269,718 4,209 207,934 57,57578.65% 521 Youth Programs 119,952 347 94,061 25,54478.70% 522 Cabin 5,878 - 5,878 -100.00% Total Parks and Recreation 1,210,261 11,103 956,015 243,14379.91% TOTAL OPERATING EXPENDITURES $12,780,186$ 586,322$ 9,471,234 2,722,63078.70% Fleet Maintenance Enterprise Fund October 2015 Expenditures to Date Expenditure Summary Dept./Div.2015EncumbrancesYear To DateAvailable NumberDescriptionBudgetOutstandingExpendituresBalanceYTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance$1,737,941$43,485$1,254,650$439,80674.69% Total Operating Expenditures1,737,94143,4851,254,650439,80674.69% TOTAL EXPENDITURES$1,737,941$43,485$1,254,650$439,80674.69% Transit Enterprise Fund October 2015 Expenditures to Date Expenditure Summary Dept./Div.2015EncumbrancesYear To DateAvailable NumberDescriptionBudgetOutstandingExpendituresBalanceYTD/Budget EXPENDITURES 431 Transit Administration$235,325$2,138$174,338$58,84974.99% 432 Transit Operations1,130,144135,684869,921124,53988.98% 435 Wash Bay130,9674,71069,50956,74856.67% Total Operating Expenditures1,496,436142,5321,113,768240,13683.95% TOTAL EXPENDITURES$1,496,436$142,532$1,113,768$240,13683.95% TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: December 8, 2015 Agenda Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for December 2015, which lists 1) the 2015 Audi Birds of Prey World Cup gift bags and VIP tickets that have been given to each member of the Town Council for the event, and 2) the parking medallions, one each, which have been provided to the Mayor and Town Manager. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a report gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1.2015 Audi Birds of Prey World Cup Gift Bags and VIP Tickets– The eight (8) gift bags provided by the Vail Valley Foundation for the 2015 Birds of Prey World Cup event include a variety of items, including two (2) VIP tickets to the three-day Birds of Prey World Cup event, for use by one guest of the Mayor and each Councilor on December 4, 5 and 6, 2015. The total value of each gift bag equals $1,725, with the bag valued at $375 and each VIP ticket at $675. 2.Beaver Creek Resort Company Parking Medallions–Mayor Jennie Fancher and Town Manager Virginia Egger received parking medallions from the Beaver Creek Resort Company, allowing them to park for free for the year. The total value of each parking medallion is expected to exceed $50 as the Beaver Creek Resort Company has indicated that it costs approximately $1,200 per year to lease one of their parking spots. Submitted to the Avon Town Council on December 8, 2015. _________________________________ Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Town Engineer Justin Hildreth Date: December 3, 2015 Agenda Topic: Request for Funding – Mountain Star Water Storage Tank BACKGROUND: The Upper Eagle Regional Water Authority (UERWA) is requesting $56,250 from the Town to proceed with design work for a water storage tank above the Mountain Star Subdivision (Exhibit A). Previously, the Town and the Mountain Star developer, Mountain Star LLC, contributed $20,000 each to fund the schematic design of the water tank. As part of that work, the projected cost of the tank was reduced from $2.5M to $1.5M. The UERWA is requesting the funds to complete the final design of the tank so the project will be ready for a spring 2016 construction start date. An additional $56,250 is also being requested from Mountain Star LLC. STAFF RECOMMENDATION: Staff is recommending that the funds be appropriated in the 2015 water fund budget with the following conditions: All the parties acknowledge that this contribution comes from the Town of Avon Mountain Star water tap fees dedicated to this project Mountain Star LLC also contributes $56,250 to the design to acknowledge the partnership that is required to complete the project ATTACHMENTS: Exhibit A – UERWA letter requesting Town of Avon funds Exhibit B – UERWA Mountain Star Water Tank Budget Exhibit C – Mountain Star Water Tank Schedule for planning and construction 1 Council Report – Request for Funding for EagleBend Landscaping November 30, 2015 Virginia EggerDelivered via e-mail to vegger@avon.org Town of Avon 1 Lake Street Avon, CO 81620 Re: Mountain Star Water Storage Tank Funding Request Dear Virginia, Thank you for taking the time to meet earlier this month to discuss the progress onthe Mountain Star Water Storage Tank(WST)project. I sincerely appreciate the Town of Avon’ssupport of the projectthus far.As we discussedat the meeting, the Authority’s goalis to be in position to construct the tank in the summer of 2016. In order to achieve that goal, the Authority Board of Directors has authorized the use of analternative delivery method known as Construction Manager/General Contractor At-Risk (CMAR) contracting forthis project. This delivery method involves a contractor during the design, which will allow the Authority to find the best value approach to building the tank, particularly with respect to the deep foundation system, which carries the greatest cost risk to the project.We recently published a solicitation for a Construction Manager/General Contractorto participate in the design and construction of the project, and received proposals from sixqualified general contractors. After careful consideration of the responses, our selection committee has determined thatAslan Construction, Inc. was the most qualified general contractor for the project based upon their excellent qualifications, references,and experience in WST construction and alternative delivery methods.The Authority willnegotiatea guaranteed maximum price (GMP) contract with the general contractor during the design phase, in advance of construction. Thiswill preclude the project from a formal bidding processafter design documents are completed, which furthers our goal of constructing the project in 2016.I am anticipating that we will receive a GMPproposal from the contractor at the end of January, 2016 whichthe Town of Avon and the Mountain Star HOA can use to finalizefinancing arrangements for theproject.As the design progresses, Iwillwork with the contractor and design team tocontinue to refine construction costsand will provide regular updatesto the Town and HOA.I have prepared and attached a proposed project schedule for your information. Based upon an anticipated start of construction of April 19, 2016, financing for the project should be secured by March 15, 2016 in order to finalize the GMP contract. The design team hascompleted the 30%designof the tank using the $20,000 in funds contributed from the Mountain Star Tap Fee fund and the matching contribution of $20,000 from Mountain Star, LLC.I am anticipating that the construction contract for the tank should not exceed $1,250,000 based on a conceptual estimate that has been providedby Aslan Construction, and recommend that number be used for the budget.I have attached Aslan’sconceptual construction estimate for your review. Ialso recommend that the budgetinclude a 5% contingency to cover any unanticipated fluctuations in material or labor costs. This brings put the total estimated project costs atapproximately $1,552,190, including all other anticipated designandconsulting fees.I have also attachedatotal project budget estimate for your review. This total represents a significant decreasein costs from the conservative planning level estimates that had beenpreviously providedto the Town. In light of this informationand our goal to construct the tank in 2016, I am requestingthat the Town make an additionalcommitment of funds from the Mountain Star Page 2of 2 water tap feefundso that the Authoritymay complete the design of the tank. Based upon the design proposals that I have received, I anticipate the needfor additionaldesign fundstotaling$112,520. I understand that the Town’spreference isto release 50% of this total from the collected Mountain Star tap fee fund with the pledge of a matching contribution from MountainStar, LLC, thus the requested contribution from the tap fee fundand Mountain Star, LLCis$56,260each. Thank you again for your support of the project and for the Town’s assistance in moving this important project forward. If you have any questionsor need any additional information to provide to yourTown Council, please let me know. Sincerely, Jason Cowles, P.E. Planner Attachments:Mountain Star Water Storage Tank Budget Estimate Mountain Star Water Storage Tank Schedule Aslan Construction Conceptual Construction Estimate cc: Linn Brooks Mountain Star Water Storage Tank Project Budget Estimate November 25, 2015 Design & Permitting Budget Alpine Engineering (Civil Engineering)51,500$ SGM (Structural Engineering)50,080$ Eagle Valley Surveying (Surveying and Platting)10,180$ Michael West & Associates (Geotechnical Engineering)9,760$ Russ Sasakura Engineering (Instrumentation & Controls)6,000$ Aslan Construction (Pre-Construction Services)25,000$ Subtotal Design Budget152,520$ Design Contributions Mountain Star Tap Fee Contribution20,000$ Mountain Star, LLC Contribution20,000$ Subtotal Design Contributions40,000$ Total Current Design Funding Request112,520$ Construction Budget Alpine Engineering (Construction Engineering)24,000$ SGM (Construction Engineering)33,170$ Geotechnical (Materials Testing - QA/QC)30,000$ 270,000 gallon Water Storage Tank and All Appurtenances1,250,000$ Construction Contingency (5%)62,500$ Subtotal Construction Budget1,399,670$ Total Proposed Project Budget (Design + Construction Subtotals)1,552,190$ Mountain Star Water Storage Tank Schedule IDTaskTaskNameDuration g'15Sep'15Oct'15Nov'15Dec'15Jan'16Feb'16Mar'16 Mode 1623306132027411182518152229613202731017243171421286132027 0 aƚǒƓƷğźƓ{ƷğƩğƷĻƩ{ƷƚƩğŭĻЌЊЏķğǤƭ ğƓƉ5ĻƭźŭƓε/ƚƓƭƷƩǒĭƷźƚƓ tƩĻƌźƒźƓğƩǤ5ĻƭźŭƓВǞƉƭ 1 БΉЌЊ DesignKickoffMeeting1day 2 ЊЉΉЌЉ 30%DesignSubmittal1day 3 /aΉD/{ĻƌĻĭƷźƚƓЋЎķğǤƭ 4 PublishCM/GCRFP17days 5 ЊЊΉЊЉ InterviewCM/GCFinalists1day 6 ЊЊΉЊЊ AwardCM/GCContract1day 7 5ĻƷğźƌĻķ5ĻƭźŭƓεtĻƩƒźƷƷźƓŭЊЉЉķğǤƭ 8 ЊЋΉЊ 9 30%DesignReviewWorkshop1day ЊЋΉЌ 10 PreliminaryPricingSubmittal1day ЊΉЊЎ 11 60%DesignSubmittal1day 60%DesignReview10days 12 13 TownofAvon1041Permit7wks Submittal 14 CDPHEConstructionPlan7wks Submittal 15 CDPHEConstruction6wks StormwaterPermitSubmittal ЊΉЋВ GMPPricingSubmittal1day 16 ЌΉЊ 17 90%DesignSubmittal1day 90%DesignReview2wks 18 19 FinalizeGMPContract2wks ForConstructionPlans1day 20 21 NoticetoProceed1day /ƚƓƭƷƩǒĭƷźƚƓА͵ЎƒƚƓƭ 22 TaskProjectSummaryInactiveMilestoneManualSummaryRollupDeadline SplitExternalTasksInactiveSummaryManualSummaryProgress Project:MountainStarWaterSto Date:Mon11/30/15 MilestoneExternalMilestoneManualTaskStartonly SummaryInactiveTaskDurationonlyFinishonly Page1 Mountain Star Water Storage Tank Schedule IDTaskTaskName Apr'16May'16Jun'16Jul'16Aug'16Sep'16Oct'16Nov'16 Mode 273101724181522295121926310172431714212841118252916233061320 0 aƚǒƓƷğźƓ{ƷğƩğƷĻƩ{ƷƚƩğŭĻ ğƓƉ5ĻƭźŭƓε/ƚƓƭƷƩǒĭƷźƚƓ tƩĻƌźƒźƓğƩǤ5ĻƭźŭƓ 1 DesignKickoffMeeting 2 30%DesignSubmittal 3 /aΉD/{ĻƌĻĭƷźƚƓ 4 PublishCM/GCRFP 5 InterviewCM/GCFinalists 6 AwardCM/GCContract 7 5ĻƷğźƌĻķ5ĻƭźŭƓεtĻƩƒźƷƷźƓŭ 8 9 30%DesignReviewWorkshop 10 PreliminaryPricingSubmittal 11 60%DesignSubmittal 60%DesignReview 12 13 TownofAvon1041Permit Submittal 14 CDPHEConstructionPlan Submittal 15 CDPHEConstruction StormwaterPermitSubmittal GMPPricingSubmittal 16 17 90%DesignSubmittal 90%DesignReview 18 19 FinalizeGMPContract ЍΉЊ ForConstructionPlans 20 ЍΉЊБ 21 NoticetoProceed /ƚƓƭƷƩǒĭƷźƚƓ 22 TaskProjectSummaryInactiveMilestoneManualSummaryRollupDeadline SplitExternalTasksInactiveSummaryManualSummaryProgress Project:MountainStarWaterSto Date:Mon11/30/15 MilestoneExternalMilestoneManualTaskStartonly SummaryInactiveTaskDurationonlyFinishonly Page2