TC Council Packet 03-25-2003STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, WILL BE HELD MARCH 25, 2003, AT 3:15 P.M. IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:15 PM - 4:00 PM 1) Financing Tools - Options for Redevelopment
(Dee Wiser, Sherman & Howard)
4:00 PM - 4:45 PM 2) Council Committee Updates
a. Proposed East Avon Resolution
4:45 PM - 5:25 PM 3) Staff Updates
a. Water Conservation Measures
(Ruth Borne)
b. Emergency Plan (Jeff Layman)
c. Transit Discussion
(Harry Taylor & Scott Wright)
d. Recreation Center Sponsorship Proposals
(Meryl Jacobs)
Council Questions
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
BY: )CL31
P tty cKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 21, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Avon Council Meeting.03.03.25
FINANCIAL MATTERS
March 25, 2003
1. Detail-Building Permit Report
2. Detail-Real Estate Transfer Taxes
3. Detail-Sales Tax Update
4. Detail-Accomodations Tax Update
Town of Avon 970-748-4030
P.O.Box 975
Avon, Co. 81620
748-4094 For Inspection Request
Permit Tally Printed: 3/18/2003
For: February, 2003 Page 1 of 2
Permit Purpose:
Public: Construction Value: $.00
# of Bldgs: # of Units: Permit Charges: $.00
Private: 1 Construction Value: $30,000.00
# of Bldgs: # of Units: Permit Charges: $2,898.63
Permit Purpose: New SF Residential
Public:
# of Bldgs: # of Units:
Private: 2
# of Bldgs: 1 # of Units: 1
Construction Value: $.00
Permit Charges:
Construction Value: $1,000,000.00
Permit Charges:
$.00
$6,936.39
Permit Purpose: Offices
Permit Tally Printed: 3/18/2003
For: February, 2003 Page2of 2
Permit Purpose: Offices
Public:
# of Bldgs: # of Units:
Private: 1
# of Bldgs: # of Units:
Construction Value: $.00
Permit Charges: $.00
Construction Value: $18,000.00
Permit Charges: $381.23
Permit Purpose: Tenant Finish
Public:
# of Bldgs: # of Units:
Private: 2
# of Bldgs: # of Units:
Totals:
Public:
# of Bldgs:
Private: 6
# of Bldgs: 1
Construction Value: $.00
Permit Charges:
Construction Value: $25,000.00
Permit Charges:
$.00
$927.71
Construction Value: $.00
# of Units: Permit Charges: $.00
Construction Value: $1,073,000.00
# of Units: 1 Permit Charges: $11,143.96
Town of Avon
Real Estate Transfer Tax Transactions
Calendar Year 2003
Feb-03
Purchaser
Name
January Balance Forward
Amount of RETT
Property Received
$113,380.90
Holiday Christie Lodge Timeshare $40.00
Holiday Christie Lodge Timeshare $6.00
Title Comp Rockies Christie Lodge Timeshare $180.00
Title Comp Rockies Christie Lodge Timeshare $155.00
Title Comp Rockies Christie Lodge Timeshare $140.00
Title Comp Rockies Christie Lodge Timeshare $150.00
Title Comp Rockies Christie Lodge Timeshare $201.60
1 st American Heritage Christie Lodge Timeshare $1,500.00
Title Comp Rockies Lakeside Terrace $274.90
Title Comp Rockies Lakeside Terrace $429.80
Title Comp Rockies Mtn. Vista $879.90
Title Comp Rockies Mtn. Vista $899.90
Potts, Nicholas Sunridge Condo 5-302 $0.00
Munoz, Rogelio Sunridge Condo C-101 $2,800.00
Shugart, Boyd Benchmark B-12 $1,515.00
Shaw Vaughan, Sarah Lodge @ Brookside 206 $6,200.00
Sugerman, James & Sara Canyon Run D-104 $8,000.00
Karpel, Daniel Avon Crossing 1`I $880.00
Betz, James & Marnie Pines Townhouse 1-D $7,090.26
Duffy, Michael & Kathleen Sage Hill Townhomes B Wildridge $4,470.00
Snownow II LLC A Colo Limited Lot 7 Blk 1 Wildridge(Suncrest Townhome $3,036.00
Franicevic, Zoran & Mariam Lot 72, Blk 4 Wildridge $4,360.00
McMonagle, Sharon & Patrick Lot 103-B Blk 1 Wildridge $11,400.00
$167,989.26
Total through -----February
$167,989.26
Total through -----January $113,380.90
February Receipts $54,608.36
TOWN OF AVON
SALES TAX BY MONTH
1999 98'-99'% 2000 99'-00'% 2001 00'-01% 2002 01'-02% 2003 02'-03% Total5-Yr
Change Change Change Change Change % Increase
January 384,939.69 1.45% 359,721.88 -6.55% 408,217.16 13.48% 411,790.30 0.88% 416,475.94 1.14% 8.19%
February 384,939.69 1.81% 397,291.59 3.21% 401,384.50 1.03% 400,493.88 -0,22% - -100.00% -100.00%
March 384,939.69 -16.35% 457,053.94 18.73% 503,411.30 10.14% 482,084.42 -4.24% -100.00% -100.00%
April 384,939.69 24.09% 337,087.43 -12.43% 344,079.71 2.07% 289,326.67 -15.91% -100.00% -100.00%
May 384,939.69 54.54% 286,191.36 -25.65% 317,331.11 10.88% 299,677.89 -5.56% -100.00% -100.00%
June 384,939.69 14.04% 398,869.89 3.62% 393,695.61 -1.30% 355,084.11 -9.81% -100.00% -100.00%
July 384,939.69 4.01% 415,978.51 8.06%• 434,867.02 4.54% 399,046.84 -8.24% -100.00% -100.00%
August 384,939.69 6.01% 400,447.52 4.03% 421,012.61 5.14% 391,457.32 -7.02% -100.00% -100.00%
September 384,939.69 15.42% 375,400.90 -2.48% 356,264.03 -5.10% 335,782.58 -5.75% -100.00% -100.00%
October 295,541.62 -3.11% 320,796.00 8.55% 361,688.95 12.75% 318,052.07 -12.06% -100.00% -100.00%
November 320,335.28 4.40% 329,170.99 2.76% 333,024.51 1.17% 321,486.88 -3.46% -100.00% -100.00%
December 564,813.35 2.68% 607,777.58 7.61% 615,165.05 1.22% 679,811.56 10.51% -100.00% -100.00%
YTD Total 4,645,147.46 6.26% 4,685,787.59 0.87% 4,890,141.56 4.36% 4,684,094.52 -4.21% 416,475.94 1.14% 7.15%
YTD Through January Collections 1999-2003
420,000.00
410,000.00
400,000.00
390,000.00
380,000.00
370,000.00
360,000.00
350,000.00
340,000.00
330,000.00
1999 2000 2001 2002 2003
Year
TOWN OF AVON
ACCOMMODATIONS TAX BY MONTH
1999 98'-99% 2000 99'-00'% 2001 00'-01'% 2002 Ot'-02'% 2003 02'-03'% Total5-Yr
Change Change Change Change Change % Increase
January 41,102.99 4.44% 24,753.92 -39.78% 35,913.75 45.08% 33,569.05 -6.53% 33,098.93 -1.40% -14.71%
February 36,985.03 -13.52% 32.158.10 -13.05% 42.137.63 31.03% 40,888.10 -2.97% -100.00% -4.40%
March 42,018.24 -17.67% 42,385.82 0.87% 55,435.56 30.79% 56,372.30 1.69% -100.00% 10.46%
April 11,609.15 -14.37% 10,166.11 -12.43% 12,152.00 19.53% 12,536.40 3.16% -100.00% -7.53%
May 6,117.50 6.15% 5,712.27 -6.62% 6,749.18 18.15% 8,424.93 24.83% -100.00% 46.19%
June 14,958.28 18.63% 15,610.67 4.36% 15,630.07 0.12% 13,301.20 -14.90% -100.00% 5.49%
July 21,120.57 1.32% 21,769.19 3.07% 22,567.70 3.67% 21,435.73 -5.02% -100.00% 2.83%
August 16,452.89 -28.08% 17,093.13 3.89% 19,873.96 16.27% 17,483.54 -12.03% -100.00% -23.57%
September 10,300.61 -8.54% 12,810.60 24.37% 13,059.89 1.95% 13,041.26 -0.14% -100.00% 15.80%
October 7,258.18 -12.72% 9,139.51 25.92% 7,065.21 -22.70% 9,998.17 41.51% -100.00% 20.23%
November 7,889.97 -27.03% 10,233.40 29.70% 7,592.38 -25.81% 10,582.27 39.38% -100.00% -2.14%
December 25,606.29 -21.46% 32,309.50 26.18% 29,964.55 -7.26% 32,498.49 8.46% 100.00% -0.32%
YTD Total 241,419.70 -11.18% 234,142.22 -3.01% 268,141.88 14.52% 270,131.44 0.74% 33,098.93 -1.40% -0.62%
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: March 21, 2003
Re: Financing Tools - Options for Redevelopment
Summary:
Council requested staff approximately a month ago to research the options the Town might
have for redevelopment and the financing mechanisms available. Staff decided it might be
better to hear it straight from the horses mouth. Dee Wisor from Sherman and Howard (the
Town's Bond Counsel) will be here Tuesday to discuss this topic with the Council and answer
any questions.
Town Manager Comments:
era
Page 1
Tax Increment Financing
Information Sheet
1. What is Tax Increment Financing?
Tax increment financing is a tool utilized by municipalities to finance public improvements in
identified areas of need, known as redevelopment districts. Tax increment financing can be
implemented through a down town development authority (DDA) or an urban renewal authority
(URA). A URA or DDA can provide public amenities that encourage and facilitate
corresponding new development. For example, an authority might use funds generated from a
new development to build streetscape or improve circulation that helps make the new
development possible. Another possibility is that if a property is to be redeveloped, the
authority might work with the developer to provide some public amenities such as a plaza or
pedestrian mall. An authority can also provide assistance to existing property owners who
might want to rehabilitate or expand their property. An example of this type of assistance might
be a facade improvement loan program. This tool is not new and has been utilized around the
country for decades to fund public improvements and encourage redevelopment. In Colorado
as of 1993, there were 18 cities utilizing tax increment financing (15 through Urban Renewal
Authorities (URA) and 3 through Downtown Development Authorities (DDA)).
2. How does TIF Work?
Once an URA or DDA has been established, the Town is able to adopt a plan to use TIF. Once
a redevelopment district is established and a plan is adopted, the property tax base for the
redevelopment district is frozen. This means that after the date of plan adoption, the assessed
value to which the mill levy for the Town, the water district, school district, and the County would
be the same each year with adjustment for general reassessments. For example, if the
assessed value in a redevelopment district is $1 million on the date of plan adoption, then the
mill levy for each of the overlapping taxing jurisdictions is applied to that $1 million assessed
value each year of the plan. As the properties in the redevelopment district begin to increase in
value due to the redevelopment efforts, that increase in assessed value times the combined mill
levy of the overlapping taxing jurisdictions goes to the URA or DDA. For example, if the
assessed value of property in the district increases to $10 million in year 5 of the plan, the taxes
derived from multiplying the combined mill levy times the $1 million base go to the overlapping
taxing jurisdictions and the mill levy times the $9 million increase goes to the URA and DDA So
revenues that would have ended up with the county and other entities through increases in tax
revenues, stay in the Town of Vail and, more specifically, in the redevelopment district. The
plan can also affect Town sales tax revenues; but not State or County revenues. The plan can
dedicate sales tax revenues above the base year revenues to the URA or DDA. The following
graph represents how revenues are captured by the redevelopment district.
$ Assessed
Values
Incremental Assessed Value in Future Years
/ Growth in assessed value
/ / captured in redevelopment
/ district
/
I /
..r .................. ..................................................................
Assessed
F I value used by
Base Year Assessed Value taxing
agencies
Time
Once these revenues are captured, this new stream of revenue can be utilized to pay debt
service on bonds that are issued by the Town for public improvements. Bonding is necessary,
as it would take a period of time to acquire enough revenue to fund public improvements.
Lending institutions find TIF a very stable source of revenue and therefore readily lend money
when secured by TIF. Bonds are only put in place once construction of public improvements
begins. TIF can be utilized for up to 25 years from the date of establishment.
3. Is TIF a new Tax:
No new taxes are established using TIF nor are taxes increased. The revenues produced by
increased property values and increased retail sales activity are simply redistributed to benefit
the redevelopment district. The following graph represents how revenues are captured by the
redevelopment district.
4. How much can it generate in Lionshead?
It depends on the geographic boundaries of the district and what improvements are actually
developed. If what is being proposed in Lionshead is actually developed and the district
includes the Lionshead Master Plan area and the area north of West Meadow Drive the
potential income is as follows:
• Property Tax: $16 million
• Sales Tax: $13 milUnn
Total $29 million
These are approximately numbers and will need to be further refined. Also the Town will need
to seriously consider whether to use sales tax since that growth in sales tax also pays for
increasing operational and maintenance costs for the Town of Vail.
5. If TIF is used, will developers pay for any improvements directly?
Yes, developers will still be asked to pay for a significant portion of public improvements that are
directly adjacent to private development sites or required because of private development. For
example, the Town has assumed that private developers would pay for the majority of the cost
of rebuilding West Lionshead Circle and new streetscape around a new hotel in the core site.
However, TIF will reduce the financial burden for paying for necessary public improvements
from both the Town's existing capital fund and the developer's pro-forma.
6. What is the difference between a DDA and a URA
A down town development authority (DDA) and a urban renewal authority (URA) work the same
in terms of how revenue is generated to pay for the debt service for bonds. Both use a the
incremental increase in property and/or sales tax that results from public and private
improvements. The differences between the two types of TIF districts are summarized below:
DDA's:
' DDAs are initiated by an oridance from the Town Council
' DDA's require a vote of owners, tenants, and business owners to establish the district
and to issue bonds.
' DDA's requires stating that blight is being prevented.
' DDA's require that a separate board be created to administer the District. Only 1
Council member can set on the board. The members of the Board must be appointed
by the mayor.
' DDA's do not have condemnation powers.
U RA's:
' URA's are initiated by 25 registered voters signing a petition
' URA's don't require a public vote to create the district or issue bonds.
' URA's require a resolution that blight is being eliminated.
' URA's can be administered by the Town Council or the Town Council can appoint a
separate board.
' If a URA is a separate Board from the Town Council it can have condemnation powers
to achieve the goals of the redevelopment plan.
7. Pros and Cons of Tax Increment District Financing
Pros:
TIF can fund needed public improvements without an increase in taxes.
TIF takes the additional incremental revenue resulting from public and private
improvements to help pay for public improvements in a redevelopment area. This form
of public revenue is paid for by the development without increasing taxes (User Pays).
Other taxing jurisdictions still get what they receive today in revenue. After the TIF
district expires (30 years) the other jurisdictions will receive the full benefit of the growth
in property and sales tax.
' This is common financing tool for redevelopment projects around the United States.
' Other TIF Districts in Colorado have generally reported that this financial tool has
achieved its goal for funding public improvements.
Cons:
' The Town must either declare that they are preventing blight (DDA) or eliminating blight
(URA).
If property values and sales tax don't increase with development the Town or authority
may not be able to pay for the debt service for the bonds.
' TIF requires legal, financial, land planning (TIF study), and communication expertise.
Consulting services can be significant to implement this financing tool.
' If a URA is used, citizens can be concerned about condemnation.
' This is a confusing financial tool and it is harder to communicate how this tool works
compared to other more traditional revenue sources (sales tax, property tax ect).
' Other jurisdictions don't receive the incremental growth in property and sales tax as the
result of redevelopment. This can lead to conflict and litigation which can delay the use
of TIF.
Characteristics of the Downtown Development Authority and the Urban Renewal Authority.
How are they formed?
Urban Renewal Authority
Any 25 electors of the Town file a petition with
the Town Clerk. After a hearing, the Town
Council passes a resolution establishing the Urban
Renewal Authority and district boundary.
Downtown Development Authority
The Town Council determines that a DDA is
necessary for the public health, safety, prosperity,
security, and welfare of the Town. By ordinance,
the Town Council shall submit a question for the
ballot for the next general or special election.
Who can vote in an election to form a redevelopment area?
Urban Renewal Authority Downtown Development Authority
No election is necessary. Residents, landowners, lessees, corporations,
second homeowners, and condo owners located in
the area set for the DDA may vote.
What findings are required in order to form a redevelopment area?
Urban Renewal Authority Downtown Development Authority
By resolution, the Town Council must find that at The Town Council must find that corrective
least 4 of 12 factors are present in the area being actions must be taken to halt or prevent the
considered which qualify it as a blighted area or a deterioration in property values or to halt or
slum. As an example here are some potential prevent the growth of blighted areas.
findings or conditions: Predominance of defective
or inadequate street layout; Deterioration of site
or other improvements; Inadequate public
improvements or utilities; Buildings that are
unsafe or unhealthy for persons to live or work in
because of building code violations, dilapidation,
deterioration, defective design, physical
construction, or faulty or inadequate facilities;
unusual topography; etc.
Who can be a member of the Authority which directs actions in the designated area?
Urban Renewal Authority
The Town Council can designate itself to act in
the capacity of the Authority. If a separate
authority is established, only one of its members
can be a Town Council person.
Downtown DevelopmentAuthority
One member of the Town Council must be a
member of the authority and a majority of the
members must reside, be a business lessee, or own
property in the redevelopment area. The Town
Council may not designate itself as the Authority.
Is a redevelopment plan required to be adopted?
Urban Renewal Authority
Prior to the use of tax increment financing, a
redevelopment plan must be adopted directing
activities to occur in the area.
Downtown DevelopmentAuthority
Prior to approving redevelopment projects, a
redevelopment plan shall be adopted directing
activities to occur in the area.
What sort of powers does the Authority have?
Urban Renewal Authority
The URA has the power to:
Downtown Development Authority
The DDA has the power to:
Issue bonds
Undertake redevelopment projects
Develop plans for redevelopment to submit to
the Town Council
Acquire property
Condemn property
The URA does not have the power to:
1w Levy taxes
Levy taxes
„F Propose redevelopment plans
,,. Implement plans for development
,,. Acquire property
The DDA does not have the power to:
Condemn property
Issue bonds, on its own behalf
In order for the Town to issue bonds for activities in the redevelopment area, who can vote?
Urban Renewal Authority Downtown Development Authority
Any registered electors in the Town of Vail. Residents, landowners, lessees, corporations,
second homeowners, and condo owners located in
the area set for the DDA.
TYPES OF REDEVELOPMENT FINANCINGS FOR COLORADO MUNICIPALITIES
1. Urban Renewal Authorities
A. Statutory Authority § 31-25-101 through 115
Urban Renewal Authorities ("URA") are independent governmental entities
formed pursuant to Title 31, Article 25, Part 1.
2. An urban renewal area is a slum or blighted area which the governing body
of the municipality designates as appropriate for an urban renewal project.
3. An urban renewal project may include acquisition of a slum area or a blighted
area or portion thereof, demolition and removal of buildings and
improvements; installation, construction, or reconstruction of streets, utilities,
parks, playgrounds, and other improvements; disposition of any property
acquired or held by the authority (including sale, initial leasing, or temporary
retention by the authority itself) at the fair value of such property; carrying
out plans for a program through voluntary action and the regulatory process
for the repair, alteration, and rehabilitation of buildings or other
improvements; and acquisition of any other property where necessary to
eliminate unhealthful, unsanitary, or unsafe conditions, lessen density,
eliminate obsolete or other uses detrimental to the public welfare, or
otherwise remove or prevent the spread of blight or deterioration or to
provide land for needed public facilities.
B. Formation
Formed after petition of 25 registered electors of the municipality, notice and
hearing, by a resolution of the governing body of the municipality.
2. Governing body must find that one or more slum or blighted areas exist in
municipality, and find that the acquisition, clearance, rehabilitation,
conservation, development, or redevelopment, or a combination thereof of
such area is necessary in the interest of the public health, safety, morals, or
welfare of the residents of the municipality, and declares it to be in the public
interest that the urban renewal authority for such municipality be created.
The mayor appoints an odd number of commissioners which must be not less
than five nor more than eleven. The governing body of the municipality may
designate itself as the authority when originally establishing the authority. A
transfer of an existing authority to the governing body may be accomplished
only by a majority vote at a regular general election.
4. An authority may not undertake an urban renewal project for an urban
renewal area unless the urban renewal plan has been approved by the
governing body after a hearing. Plan must be submitted to board of county
commissioners (board does not have veto power).
C. Financing by the URA
An urban renewal authority has no power to levy property taxes or special
assessments. It derives revenues from the sale or lease of property which it
has acquired and disposed of in conjunction with the urban renewal plan.
2. The principal financing power of an urban renewal authority is tax increment
financing. The urban renewal plan approved by the municipality may contain
a provision for tax increment financing. After the effective date of the
approval of the plan containing provisions for tax increment financing,
property taxes levied on all property within the urban renewal area and/or
municipal sales taxes collected within said area must be allocated to the
taxing entity and the authority based upon a statutory formula for a period not
to exceed 25 years after the effective date ofthe adoption of such a provision.
Bascially, increased tax revenues after the effective date go to the authority.
Counties tend to view these as lost revenues. School districts tend to be
neutral since the State makes up the difference to the districts in the school
finance act.
a. Tax increment is to be used to pay the principal of, the interest on,
and any premiums due in connection with the bonds of, loans or
advances to, or indebtedness incurred by, whether funded, refunded,
assumed, or otherwise, such authority for financing or refinancing, in
whole or in part, an urban renewal project within such urban renewal
area.
D. Bond Issuance
Th° authority may issue general obligation bonds secured by the full faith,
credit and assets (acquired and to be acquired) of the authority.
2. The authority may issue special obligations which are payable solely from
and secured only by a pledge of any income, proceeds, revenues or funds of
the authority, derived by it from or held by it in connection with its
undertaking of any project by the authority or from tax increment revenues.
-2-
The bonds may be special obligations of the authority payable solely from
and secured only by a pledge of any loans, grants, or contributions of funds
made or to be made to it by the federal government or other source in aid of
any project of the authority.
II. Downtown Development Authorities
A. Statutory Authority § 31-25-801 through 822
Downtown development authorities ("DDA") are independent governmental
entities formed pursuant to Title 31, Article 25, Part 8, Colorado Revised
Statutes.
2. The purpose of a DDA is to halt or prevent deterioration of property values
or structures within central business districts, to halt or prevent the growth of
blighted areas within central business districts, and to assist municipalities in
the development and redevelopment of central business districts.
The central business district means the area in the municipality which is and
traditionally has been the location of the principal business, commercial,
financial, service, and governmental center, zoned and used accordingly.
4. Primary function of a DDA is to create and propose within the central
business district a plan of development for public facilities and other
improvements to public and private property, including removal, site
preparation, renovation, repair, remodeling, reconstruction or other changes
in existing buildings, which may be necessary or appropriate to implement
the plan of development.
Public facilities include streets, parks, plazas, parking facilities, playgrounds,
pedestrian malls, rights-of-way, structures, utility lines or pipes, and buildings
designated for use by the public generally.
A plan of development must be approved by the governing body of the
municipality by resolution after notice and hearing.
B. Formation
To create a downtown development authority, a governing body must submit
the question of its creation at the next regular election or at a special election
held for that purpose.
-3-
2. The ordinance calling for the election must state the boundaries of the
downtown development authority.
3. The governing body appoints a board consisting of not less than five nor
more than eleven members, a majority of which must reside or own property
within the DDA. At least one member shall be a member of the governing
body.
C. Financing and Operation
1. The municipality is the issuer of the bonds to finance projects for the DDA.
The bonds must be approved by ordinance adopted by the governing body of
the municipality.
2. The bonds are payable from the tax increment or from any revenues received
by the downtown development authority from the sale or leasing of the
projects.
3. The tax increment procedures for downtown development authority are
substantially the same as those for an urban renewal authority except that the
tax increment is paid into a special fund of the municipality rather than the
authority. No official county involvement.
4. A governing body of a municipality is permitted to levy a five mill property
tax on all real or personal property in the downtown development authority
for operating costs of the authority.
III. TABOR Issues
A. Is the Authority a "District"?
URAs are not covered by TABOR. May issue bonds without a vote.
2. DDAs are covered by TABOR so an election is required on issuance of
bonds,
a. Must be held on general election, first Tuesday in November in odd
numbered years, or perhaps at municipality's local biennial election.
-4-
IV. Federal Tax Issues
A. In general, bonds issued to finance public infrastructure will be tax exempt.
B. In general, bonds issued to acquire land for conveyance to private owner will be
taxable.
It is sometimes possible to issue tax exempt qualified redevelopment bonds
for these purposes.
V. Major Differences
A. For a URA a finding of blight is required.
B. A URA can condemn private property but a DDA can not.
C. AURA can issue bonds without a vote.
D. Municipal governing body may govern URA but not DDA; although municipal
governing body must issue the DDA bonds.
-5-
MEMORANDUM
To: Vail Town Council
From: Dominic Mauriello, Chief of Planning
Date: April 11, 2000
Subject: Lionshead Redevelopment - Tax Increment Financing (TIF)
Introduction
As you may recall from the Lionshead Redevelopment Master Plan and the two year process
that resulted in its adoption, the Town discussed options for paying for public improvements in
the Lionshead area. Tax Increment Financing (TIF) was one of the options discussed and is
one of the methods identified during that process that will produce the kind of bonding capacity
needed to fund improvements in Lionshead over the next 20 years. The Lionshead
Redevelopment Master Plan identified numerous public improvements to be completed.
Examples of public improvements identified are: the new transportation center on the north day
lot; S. Frontage Road improvements; reconfiguration of the East Lionshead Circle bus stop
area; pedestrian area improvements; etc. (see attached portion of Lionshead Redevelopment
Master Plan for detailed descriptions of improvements).
This memo is intended to provide an overview of Tax Increment Financing and explain its use
as a redevelopment tool and the distinctions between Urban Renewal Authorities (URA) and
Downtown Development Authorities (DDA) which are the two types of vehicles for implementing
TIF having applicability in the Town of Vail. Other financing mechanisms have also be
researched including: Special Assessment Districts, raising the mill levy, general obligations
bonds, etc.
What is Tax Increment Financing a.k.a. TIF?
Tax increment financing is a tool utilized by municipalities to finance public improvements in
identified areas of need, known as redevelopment districts. This tool is not new and has been
utilized around the country for decades to fund public improvements and encourage
redevelopment. In Colorado as of 1993, there were 18 cities utilizing tax increment financing
(15 through Urban Renewal Authorities (URA) and 3 through Downtown Development
Authorities (DDA)).
The following is a simplified version of how it works. Once an URA or DDA has been
established, the Town is able to adopt a plan to use TIF. Once a redevelopment district is
established and a plan is adopted, the property tax base for the redevelopment district is frozen.
This means that after the date of plan adoption, the assessed value to which the mill levy for the
Town, the water district, school district, and the County would be the same each year with
adjustment for general reassessments. For example, if the assessed value in a redevelopment
district is $1 million on the date of plan adoption, then the mill levy for each of the overlapping
taxing jurisdictions is applied to that $1 million assessed value each year of the plan. As the
properties in the redevelopment district begin to increase in value due to the redevelopment
TOIff OF PAIL ?,
6
efforts, that increase in assessed value times the combined mill levy of the overlapping taxing
jurisdictions goes to the URA or DDA. For example, if the assessed value of property in the
district increases to $10 million in year 5 of the plan, the taxes derived from multiplying the
combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the
mill levy times the $9 million increase goes to the URA and DDA So revenues that would have
ended up with the county and other entities through increases in tax revenues, stay in the Town
of Vail and, more specifically, in the redevelopment district. The plan can also affect Town sales
tax revenues; but not State or County revenues. The plan can dedicate sales tax revenues
above the base year revenues to the URA or DDA. No new taxes are established using TIF nor
are taxes increased. The revenues produced by increased property values and increased retail
sales activity are simply redistributed to benefit the redevelopment district. The following graph
represents how revenues are captured by the redevelopment district.
$ Assessed
Values
......................... ...............
FBase Year Assessed Value
I /
/ /
Incremental Assessed Value in Future Years
/ Growth in assessed
/ / value captured in
/ / redevelopment
district
}
Time
Assessed
value used
by taxing
aaencies
The redevelopment district can capture sales tax or property tax or both. Therefore, the
redevelopment district is not precluded from only capturing property tax increases and leaving
sales tax as it exists or vice versa.
Once these revenues are captured, this new stream of revenue can be utilized to pay debt
service on bonds that are issued by the Town for public improvements. Bonding is necessary,
as it would take a period of time to acquire enough revenue to fund public improvements.
Lending institutions find TIF a very stable source of revenue and therefore readily lend money
2
when secured by TIF. Bonds are only put in place once construction of public improvements
begins.
TIF can be utilized for up to 25 years from the date of establishment.
Two vehicles exist by state law to allow TIF that have applicability to the Town of Vail. They are
the Urban Renewal Authority and the Downtown Development Authority. A comparison of the
two vehicles is provided below.
Characteristics of the Downtown Development Authority and the Urban Renewal
Authority.
How are they formed?
Urban Renewal Authority
Any 25 electors of the Town file a petition
with the Town Clerk. After a hearing, the
Town Council passes a resolution
establishing the Urban Renewal Authority
and district boundary.
Downtown Development Authority
The Town Council determines that a DDA
is necessary for the public health, safety,
prosperity, security, and welfare of the
Town. By ordinance, the Town Council
shall submit a question for the ballot for
the next general or special election.
Who can vote in an election to form a redevelopment area?
Urban Renewal Authority Downtown Development Authority
No election is necessary. Residents, landowners, lessees,
corporations, second homeowners, and
condo owners located in the area set for
the DDA may vote.
What findings are required in order to form a redevelopment area?
Urban Renewal Authority
By resolution, the Town Council must find
that at least 4 of 12 factors are present in
the area being considered which qualify it
as a blighted area or a slum. As an
example here are some potential findings
or conditions: Predominance of defective
or inadequate street layout; Deterioration
of site or other improvements;
Inadequate public improvements or
utilities; Buildings that are unsafe or
unhealthy for persons to live or work in
because of building code violations,
dilapidation, deterioration, defective
Downtown Development Authority
The Town Council must find that
corrective actions must be taken to halt
or prevent the deterioration in property
values or to halt or prevent the growth of
blighted areas.
3
design, physical construction, or faulty or
inadequate facilities; unusual
topography; etc.
Who can be a member of the Authority which directs actions in the designated area?
Urban Renewal Authority
The Town Council can designate itself to
act in the capacity of the Authority. If a
separate authority is established, only
one of its members can be a Town
Council person.
Downtown Development Authority
One member of the Town Council must
be a member of the authority and a
majority of the members must reside, be
a business lessee, or own property in the
redevelopment area. The Town Council
may not designate itself as the Authority.
Is a redevelopment plan required to be adopted?
Urban Renewal Authority
Prior to the use of tax increment
financing, a redevelopment plan must be
adopted directing activities to occur in the
area.
Downtown Development Authority
Prior to approving redevelopment
projects, a redevelopment plan shall be
adopted directing activities to occur in the
area.
What other governmental agencies are involved in the development of the plan?
Urban Renewal Authority
If tax increment financing is being used,
the school district shall be allowed an
opportunity to participate in an advisory
role. The County must be provided a
copy of the plan but is not required to
take any action. The Planning and
Environmental Commission is required to
review the plan and make
recommendations to the Town Council.
Downtown Development Authority
If tax increment financing is being used,
the school district shall be allowed an
opportunity to participate in an advisory
role. The Planning and Environmental
Commission is required to review the
plan and make recommendations to the
Town Council.
4
What sort of powers does the Authority have?
Urban Renewal Authority
The URA has the power to:
Downtown Development Authority
The DDA has the power to:
w Issue bonds
w Undertake redevelopment projects
w Develop plans for redevelopment to
submit to the Town Council
w Acquire property
w Condemn property
The URA does not have the power to:
w Levy taxes
w Levy taxes
w Propose redevelopment plans
w Implement plans for development
w Acquire property
The DDA does not have the power to:
w Condemn property
w Issue bonds, on its own behalf
In order for the Town to issue bonds for activities in the redevelopment area, who
can vote?
Urban Renewal Authority
Any registered electors in the Town of
Vail.
Downtown Development Authority
Residents, landowners, lessees,
corporations, second homeowners, and
condo owners located in the area set for
the DDA.
F:\EVERYO N E\DO M\TI F\ura-dda2.doc
5
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Director
Date: March 21, 2003
Re: Financing Tools - Options for Redevelopment
Summary:
Council requested staff approximately a month ago to research the options the Town might
have for redevelopment and the financing mechanisms available. Staff decided it might be
better to hear it straight from the horses mouth. Dee Wisor from Sherman and Howard (the
Town's Bond Counsel) will be here Tuesday to discuss this topic with the Council and answer
any questions.
Town Manager Comments:
Page 1
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Ruth Borne, Director, Community Development?
Date March 21, 2003
Re: East Avon Resolution
Summary:
Attached to this memo is a resolution proposed by the Community Development
Committee. The intention of the memo is to reaffirm the broader goals of the Town Center
Plan and East Avon Access and Circulation Plan in anticipation of redevelopment projects
for East Avon.
The Planning and Zoning Commission reviewed and passed this resolution on March 18,
2003. However, there was some discussion at the Planning and Zoning Commission about
the broader context of this resolution as it relates to the need to update the Town
Comprehensive Plan.
Town M nrager Coments
?
Attachments==
Planning and Zoning Commission Resolution 03-04
Memo to Town Council, March 21, 2003 Page 1 of 1
Re: East Avon Resolution
TOWN OF AVON
PLANNING & ZONING COMMISSION
RESOLUTION NO. 03-04
SERIES OF 2003
A RESOLUTION AMENDING THE AVON TOWN CENTER IMPLEMENTATION
PLAN AND THE EAST AVON ACCESS AND CIRCULATION PLAN TO AFFIRM THE
NEED TO ENABLE A VIBRANT AND UNIQUE COMMERCIAL REGION WITHIN
EAST AVON, TOWN OF AVON, EAGLE COUNTY COLORADO
WHEREAS, the Town of Avon recognized the potential for new development and
redevelopment of an area of town known as the "Town Center" and developed basic
concepts to guide development of this area in a phased approach, adopting the Town
Center Plan in 2001; and
WHEREAS, the Town of Avon recognizes that the East Avon Conunercial area is ripe for
redevelopment and there exists a unique and compelling opportunity to better define the
character and relationship of this area to the benefit of both the property owners and
community; and
WHEREAS, the Town of Avon recognized the necessity to develop a multimodal plan for
access and circulation within the East Avon commercial area and surrounding, including
the connectivity to the Town Center Mall on the west side of Avon Road, adopting the
East Avon Access and Circulation Plan in 1999; and
WHEREAS, the Town is moving forward with the initial implementation of the Town
Center Plan improvements, which includes the realignment of Benchmark Road and the
acquisition of a regional transit center on Lot 61 and the conversion of the pedestrian mall
to both pedestrian and local traffic, as well as the following goals:
• Begin creating a unique and vibrant shopping, entertainment, commercial and residential
experience for the community that is easily visible and accessible from Avon Road.
• Connect all commercial areas and improve mobility within the Town, in particular
between the Town Center and East Avon Commercial Area;
• Recognize the importance of pedestrian and vehicular movement across Avon Road;
• Encourage these concepts to be implemented through to the Village (at Avon);
• Explore, develop, and implement opportunities for shared parking between the East Avon
commercial area and the Town Center area.
WHEREAS, the Town recognizes the importance of agreeing upon a vision, and seizing
opportunities to achieve our goals as opportunities present themselves through the
redevelopment requests of private sector proposals.
NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby
recommends to the Town Council that both the Avon Town Center Implementation Plan
and the East Avon Access and Circulation Plan be formally amended to recognize the
necessity for improvements to include the area of East Avon to maintain, reinforce, and
create the community character and philosophy as set forth herein.
ADOPTED THIS 18th DAY OF MARCH, 2003
Sig d:
Chris Evans, Chair
Date: -?' ((-6 (u
Date:
Michael McClinton, Secretary
Memo
To:
Thru:
From:
Date:
Re:
Honorable Mayor & Town Council
Larry Brooks/Town Manager
Meryl Jacobs/Director of Recreation
March 18, 2003
Sponsorship banner program at ARC
or
1?
Summary: Staff has been researching the idea of placing promotional banners in
strategic places throughout the Recreation Center. The purpose of this program would be
to provide merchants the opportunity to promote their business as well as to generate
additional revenue for the Town of Avon.
Discussion: There are numerous Recreation Centers throughout the state that offer space
to sponsor/business owners in exchange for revenue. With 350-500 visitors per day, the
Avon Recreation Center would be an attractive venue for such a venture. The lobby and
aquatics area within the Recreation Center have wall space available for this type of
marketing program. Staff has developed a proposal that would be well received and easy
to implement. Attached for your review is a draft of the proposal. We will be available
to discuss this concept further on Tuesday.
Town Manager Comments:
Z2 ?4
ZZ
Gold Sponsorship- $2000.00
Benefit Package:
? Banner in Lobby of Recreation Center
? Banner in Aquatics Area- Location A
? (1) $500.00 sponsorship value at the special event of your choice
? (2) 25 punch cards for the Avon Recreation Center
? %2 page ad in the Winter and Summer Brochure
Silver Sponsorship- $1000.00
Benefit Package:
? Banner in Aquatics Area- Location B
? (1) $200.00 sponsorship value at the special event of your choice
? (1) 25 punch card for the Avon Recreation Center
? '/4 page ad in the Winter and Summer Brochure
Bronze Sponsorship- $750.00
Benefit Package:
? Banner in Aquatics Area- Location C
? (1) $100.00 sponsorship value at the special event of your choice
? (1) 10 punch card for the Avon Recreation Center
? 1 /8 page ad in the Winter and Summer Brochure
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Tambi Katieb, Community Developmen
Date March 21, 2003
Re: Proposed Water Conservation and Landscape Design Guidelines
Summary:
In light of the current drought, Town Council has requested that staff research practical
water conservation measures that can be adopted by the Town.
Staff has divided this project into two distinct areas: 1) The drafting of a Water Conservation
Resolution, and 2) Implementation of revised landscaping design guidelines for residential,
commercial, and industrial development in the Town of Avon.
The Water Conservation Resolution sets basic parameters for water use within the Town of
Avon, while the proposed revisions to the Design Guidelines further define landscaping
measures that promote efficient water use.
Highlights of the recommended Water Conservation Resolution include:
• Promotion of Water Conservation Education, in conjunction with the Eagle River
Water & Sanitation District.
• Implementation and monitoring of regulated watering schedules within the Town.
• A rebate incentive program for existing irrigators that promotes the reduction of turf
area, and the implementation of a xeriscape program. This program would be in lieu
of the fireplace rebate program, and we currently budget $6,000 for this program.
• Adoption of a fine program to discourage water waste to be administered by
Community Development.
The proposed revisions to the Landscape Design Guidelines are intended to be practical
and easy to implement. Highlights of the recommended revisions include:
• One half of the total landscape area for all projects required as xeriscape landscape
area only.
Memo to Town Council, March 21, 2003 Page 1 of 2
Re: Proposed Water Conservation and Landscape Design Guidelines
• Limitations will be placed on total irrigated area for all residential, commercial, and
industrial projects.
• The required use of a rain sensor on all automatic irrigation systems, to be inspected
prior to the issuance of a Certificate of Occupancy.
• Incorporation of the seven principles of xeriscape landscaping on all new projects
through the design review process.
• Turf areas will not exceed a certain percentage of the total irrigated area, based on
the type of development (i.e. Single Family, Multi-Family, etc.)
Planning and Zoning Commission reviewed this draft information at their March 18, 2003
meeting. Staff is continuing to work on the draft Landscaping guidelines, and will bring draft
guideline revisions back to the Commission in April.
Town Manager Comments: I / /G
1,2
Attachments:
c
A. Exhibit A - Existing Residential Landscaping Guidelines
B. Exhibit B - Existing Commercial and Industrial Landscaping Guidelines
C. Exhibit C - Proposed Draft Water Conservation Resolution
Memo to Town Council, March 21, 2003 Page 2 of 2
Re: Proposed Water Conservation and Landscape Design Guidelines
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
'00p?
From: Tambi Katieb, Community Developmen
Date March 21, 2003
Re: Proposed Water Conservation and Landscape Design Guidelines
Summary:
In light of the current drought, Town Council has requested that staff research practical
water conservation measures that can be adopted by the Town.
Staff has divided this project into two distinct areas: 1) The drafting of a Water Conservation
Resolution, and 2) Implementation of revised landscaping design guidelines for residential,
commercial, and industrial development in the Town of Avon.
The Water Conservation Resolution sets basic parameters for water use within the Town of
Avon, while the proposed revisions. to the Design Guidelines further define landscaping
measures that promote efficient water use.
Highlights of the recommended Water Conservation Resolution include:
• Promotion of Water Conservation Education, in conjunction with the Eagle River
Water & Sanitation District.
• Implementation and monitoring of regulated watering schedules within the Town.
• A rebate incentive program for existing irrigators that promotes the reduction of turf
area, and the implementation of a xeriscape program. This program would be in lieu
of the fireplace rebate program, and we currently budget $6,000 for this program.
• Adoption of a fine program to discourage water waste to be administered by
Community Development.
The proposed revisions to the Landscape Design Guidelines are intended to be practical
and easy to implement. Highlights of the recommended revisions include:
• One half of the total landscape area for all projects required as xeriscape landscape
area only.
Memo to Town Council, March 21, 2003 Page 1 of 2
Re: Proposed Water Conservation and Landscape Design Guidelines
• Limitations will be placed on total irrigated area for all residential, commercial, and
industrial projects.
• The required use of a rain sensor on all automatic irrigation systems, to be inspected
prior to the issuance of a Certificate of Occupancy.
• Incorporation of the seven principles of xeriscape landscaping on all new projects
through the design review process.
• Turf areas will not exceed a certain percentage of the total irrigated area, based on
the type of development (i.e. Single Family, Multi-Family, etc.)
Planning and Zoning Commission reviewed this draft information at their March 18, 2003
meeting. Staff is continuing to work on the draft Landscaping guidelines, and will bring draft
guideline revisions back to the Commission in April.
Town Manager Comments:
Attachments:
A. Exhibit A - Existing Residential Landscaping Guidelines
B. Exhibit B - Existing Commercial and Industrial Landscaping Guidelines
C. Exhibit C Proposed Draft Water Conservation Resolution
Memo to Town Council, March 21, 2003 Page 2 of 2
Re: Proposed Water Conservation and Landscape Design Guidelines
C. Residential Landscaain
Design Character
Landscaping should harmonize the building site with both the natural topography and existing
vegetation. All materials used should be indigenous to an area, represented by adjacent properties, and
not contain any noxious weeds or undesirable exotic plants.
Requirements:
1. Landscaping design should be compatible with other site improvements and with
neighboring properties.
2. Not less than 50% of the useable open space area required, shall consist of pervious
landscaped areas. The remaining useable open space requirements may be satisfied by
impervious patio or mall type areas containing seating, decorative fountains, planters,
recreational amenities and similar type facilities.
3. Consideration should be given to use of landscape material for snow fencing, visual
screening and wind breaks when applicable.
4. Plant materials should be adaptable to the area and selection and placement should include
Consideration of function and color coordination. A list of recommended plant species that
are compatible with various climate zones found in the Town is attached in Appendix 1.
No noxious weeds, as listed in Appendix 2, shall be permitted for use in the Town.
5. All lots to be covered by grass lawns shall utilize healthy sod material for complete
coverage. All grass sod shall extend to the property line or, where adjacent to a roadway, to
the bottom of adjacent drainage ditch or back of curb, as applicable. Fire Resistant
landscaping in areas with wildfires is required.
6. An automatic irrigation system is required to reduce losses and for ease of maintenance.
The landscaping site plan must include, at a minimum, a note regarding the proper
installation of an automatic irrigation system, its maintenance, and intended use.
I01
f
iW
Good landscaping that utilizes native vegetation should accentuate, not hide the structure. Wildridge.
Town of Avon Residential, Commercial, and Industrial Design Review Guidelines Page 19
Adopted November 6, 2001
C. Commercial and Industrial Landscaping
Design Character
Plant material selection and placement must ensure safe sight lines to traffic and signs. Care should be
taken that no hazards are created for pedestrians and vehicles by plant litter. Trees and shrubs with
thorns should not be used in or near pedestrian areas. All landscape development for commercial
projects, including specific landscaping elements such as planters, retaining walls and berms must be
I* specifically approved. Landscaping should accentuate a project design, not hide it from public view.
Requirements:
1. Landscaping design should be compatible with other site improvements and with
neighboring properties.
2. Trees should be massed or grouped together whenever possible to provide a greater visual
impact. Tree plantings may not interfere with utility or drainage easements, and their
location should be based on a function such as screening, shade, view enframement or
14% accent. Accent plantings should occur at locations such as building entries, parcel entries,
10% or pedestrian areas. Evergreen locations should consider shading sidewalks in winter to
avoid creating hazardous icing conditions, as well as avoiding south facing windows that
may be impaired to solar access.
3. Not less than 50% of the useable open space area required, shall consist of pervious
landscaped areas. The remaining useable open space requirements may be satisfied by
impervious patio or mall type areas containing seating, decorative fountains, planters,
recreational_Amenities and similar type facilities.
4. Consideration should be given to use of landscape material for snow fencing, visual
screening and wind breaks when applicable. Hedges, in winter, become snow fences and
j must be placed accordingly.
5. Plant materials should be adaptable to the area and selection and placement should include
Consideration of function and color coordination. A list of recommended plant species that
are compatible with various climate zones found in the Town is attached in Appendix 1.
No noxious weeds, as listed in Appendix 2, shall be permitted for use in the Town.
6. Grasses should be used close to pedestrian areas where visual relief from extensive
pavement is desired, or, in large open areas as a soils stabilizing agoht for visual effect
(primarily viewed from vehicular traffic). All grass sod shall extend to the property line or,
where adjacent to a roadway, to the bottom of adjacent drainage ditches or back of curb, as
applicable. Fire Resistant landscaping in areas with wildfires are required.
7. In large open areas numerous grass mixes should be considered depending on water
requirements and availability, maintenance requirements, potential fire hazard of dry grass,
and visual effect desired. In these areas, rough grass mixes should be utilized. Native
grasses and wildflower mixes require less water, less mowing and lend themselves well to
the perimeter areas of the Town Center blending into the existing vegetation.
8. An automatic irrigation system is required to reduce losses and for ease of maintenance.
The landscaping site plan must include, at a minimum, a note regarding the proper
installation of an automatic irrigation system, its maintenance, and intended use.
Town of Avon Residential, Commercial, and Industrial Design Review Guidelines Page 37
Adopted November 6, 2001
TOWN OF AVON
RESOLUTION NO. 03-XX
SERIES OF 2003
A RESOLUTION APPROVING WATER CONSERVATION STANDARDS AND
PROMOTING THE EFFICIENT USE OF WATER FOR THE TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, there is consensus between Town Council and the Planning and Zoning
Commission that water conservation in Avon is desired and beneficial to the Town at all times
and that several practical measures can result: in significant efficiency of water use; and
WHEREAS, the Town of Avon does not desire to rely solely on the local water authority
for the promotion and enforcement of water conservation programs; and
WHEREAS, the Town of Avon recognizes its role as a leader in water conservation
standards in the Eagle County, and understands that water conservation is not a temporary
solution but a long term commitment; and
WHEREAS, the Town of Avon desires to provide the community with practical water
conservation measures that can be easily implemented and enforced; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO that the `Town of Avon Water Conservation Standards' as
specificially described in "Exhibit A", attached hereto and incorporated herein by this reference,.
are recognized and ratified in this resolution.
ADOPTED THIS DAY OF )2003.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Mayor
ATTEST:
Town Clerk
FACounci1\Reso1utions\2003\Res 03-XX Water Conservations oc
"Exhibit A"
Town of Avon Water Conservation Standards
• Outside watering in the Town of Avon is restricted to between the hours of 8:00pm and
10:00am. No outside lawn or landscaping watering can take place before or after these
hours, and will be subject to the following penalties for violations:
First Violation: Written warning
Second Violation: $50 citation
Additional Violation(s): $100 citation for each violation
• All new residential, commercial, and industrial/mixed use irrigation systems are required
to install a rain sensor device to promote efficiency of the system, and this device shall be
inspected prior to the issuance of a Certificate of Occupancy.
• All irrigation shall be subject to the watering schedule as imposed by the Eagle River
Water and Sanitation District (ERW&SD) without exception.
The Town of Avon will not tolerate the flagrant runoff or waste of water, and violations
will be subject to the following penalties:
First Violation: Written warning
Second Violation: $50 citation
Additional Violation(s): $100 citation for each violation
• No irrigation shall be permitted by the use of a free running hose that does not feature a
nozzle or sprinkler attachment. Violations will be subject to the following penalties:
First Violation: Written warning
Second Violation: $50 citation
Additional Violation(s): $100 citation for each violation
Any irrigation system operator that can evidence and document a 50% reduction of
irrigation area, a 50% reduction in turf area, and the implementation of a xeriscape
program featuring native drought-tolerant plants will be eligble to apply for a Town of
Avon `Water Conservation Rebate Award' of up to $750. An application and a program
guideline package will be available to the public in the Community Development
Department after May 1, 2003, and a limited number of applications will be accepted
during the 2003 irrigation season.
FACouncil\Resolutions\2003\Res 03-XX water Conservation.doc
MEMORANDUM
To: Honorable Mayor and Council
Thru: Larry Brooks, Town Manager
From: Jeff Layman, Chief of Police
Date: March 21, 2003
Re: Emergency Management Update
Summary:
24-32-2107 (CRS) requires that municipalities be served by an Emergency Response
Plan to protect their citizens. Municipalities can develop their own plans or be served by
a multi-agency -plan. Eagle County developed the Eagle County Inter-Jurisdictional
Emergency Operations Plan over the last couple of years. It is currently under revision
by Barry Smith, Eagle County Emergency Manager and the newly created Office of
Preparedness and Security' region in which Avon resides.
We are, however, served by the I-70 Mountain Corridor Incident Management Program
for any emergencies that occur on the highway. This plan seeks to coordinate resources
for incident responses and was developed through a multi-agency planning process that
included response agencies from six counties, the state and federal agencies.
Should a major emergency occur in Avon and not be covered by the I-70 plan, and in the
absence of written mutual aid agreements, regional agencies would respond initially to
assist without such an agreement. It should be noted that the Avon Police Department is
active in the Eagle County Emergency Medical Service/Public Safety Council, a loose
alliance of all emergency responders in Eagle County. This forms the basis for close
cooperation between all of us who provide emergency services.
Town Manager Comments: 1
' Region 4 includes Mesa, Garfield; Moffat, Jackson, Rio Blanco, Eagle, Pitkin, Routt and Grand Counties
and is directed by a Colorado State Patrol Major, a Colorado Bureau of Investigation Agent and the
manager of the state's Office of Emergency Management.
WOMM Yawn of Awn
P.O. BcDc975
VON 400 BffrhTak Rmd
Awn, Cbbacb 81620
970-748.4005
C O L O R A D O
Office of the Town Manager
To: Honorable Mayor and Town Council
Fr: Larry Brooks, Town Manager
Dt: March 21,2003
Re: Transit discussion
We have been having discussions surrounding ways to save money on public
transportation. I recently talked about this subject with Jim Lair of ECO, and suggested that
we should have some action-oriented discussions about ways to mutually provide mass
transit in a more cost effective manor. Specifically, I proposed that we explore the possibility
of ECO providing the skier shuttle service between Avon and Beaver Creek. The thought
was that ECO could provide this service with the money saved by parking and staging the
local routes out of the Avon facility rather than driving them "home" to Gypsum every night.
Jim discussed this concept with the ECO board this week, and provided the attached memo
to that group as a backdrop to the discussion. While the board has not made any decision at
this time, the memo indicates that the ECO staff believes they could save $377,000/year by
employing the practice suggested.
With such discussions taking place, we believe we should present the financial changes that
might occur if the Skier shuttle service were to be out-sourced. Scott and Harry are
preparing overheads to guide the council discussion. At this point, the figures seem to
indicate a potential net savings for ECO as well as the Town of Avon. We encourage input
and questions, not only from the financial aspect, but any service implications as well.
MEMORANDUM
DATE: March 20, 2003
TO: Authority Board Members
FROM: David Johnson, Transit Planner
THROUGH: Jim Lair, Director
RE: Swift Gulch Bus Storage Cost/Benefit
PURPOSE
The purpose of this memorandum is to discuss the costs and benefits of storing all buses at the current
location in Gypsum, versus storing a fraction of the fleet at Swift Gulch in Avon.
BACKGROUND
In April of 2001, ECO Transit consolidated all regional transit operations under one roof, the Maintenance
and Service Center (MSC) in Gypsum. With the exception of Leadville routes, all vehicles are stored,
fueled, washed, and maintained in Gypsum, in heated, secured bays.
Many of ECO's routes begin at Lake Creek apartments in Edwards, Avon, or Vail, where the majority of
residents live and work. These locations are, respectively, 23, 30, and 42 miles from the MSC. ECO must
send vehicles directly to these locations under "out of service" status. This is called "deadheading." In
other cases, ECO will send vehicles to Lake Creek, Avon or Vail with the vehicles in service. If only a
handful of riders take advantages of these buses, they are the equivalent of deadhead routes.
FISCAL AND REGIONAL IMPACT
Cost of Deadhead Miles
ECO Transit estimates operating costs to be approximately $3.26 per mile. Consequently, every
unproductive mile translates to an annual cost of $1,190. Below is a list of all nonproductive routes and
routes where buses run out of service, as a consequence of the distance between the Gypsum headquarters
and the population centers. This list shows that ECO accumulates over $500,000 in costs from
deadheading.
Start End
Route Place Time Place Time Miles - MSC Miles - Swift Gulch
1 - MSC 4:15 Lake Creek 5:00 23 7
2 MSC 4:40 Lake Creek 5:25 23 7
3 MSC 5:10 Lake Creek 5:50 23 7
4 MSC 5:15 Lake Creek 6:05 23 7
4 WVC 11:40 MSC 12:40 42 12
20 MSC 13:40 Avon 14:30 30 1
23 MSC 15:05 Avon 15:58 30 1
6 WVC 12:00 MSC 13:15 42 12
12 VTC 7:48 MSC 8:48 42 15
24 Lake Creek 1:15 WVC 1:41 26 26
22 MSC 14:30 Lake Creek 15:26 23 7
19 MSC 13:30 WVC 14:33 42 12
18 MSC 11:00 Lake Creek 11:41 23 7
16 MSC 10:45 Beaver Creek 12:00 30 5
16 Beaver Creek 18:00 MSC 19:00 30 5
15 MSC 10:45 WVC 11:40 42 12
12 VTC 7:48 MSC 9:30 42 12
10 MSC 6:45 Lake Creek 7:15 23 7
1 Lake Creek 11:30 MSC 12:00 23 12
7 MSC 16:00 WVC 16:45 42 12
6 MSC 16:00 Beaver Creek 16:45 30 5
MSC Swift Gulch
Total miles - nonproductive routes 236 54
Total miles - true deadhead routes 418 137
Total miles - both nonproductive and true deadhead routes 654 191
Cost per mile $3.26 $3.26
Total Deadhead cost/day $2,132 $623
Total Winter days 135 135
Total Cost -Winter $287,825 $84,059
Summer Deadhead Miles (assume 50% daily reduction) 327 95.5
Total Deadhead cost/day - Summer (miles X $3.26) $1,066 $311
Total Summer days 230 230
Total Cost -Summer $245,185 $71,606
Total Deadhead Costs $533,010 $155,665
Cost-Benefit
If ECO were to start and end each of these deadhead routes at Swift Gulch, ECO would save $377,000
each year in deadhead costs. It is important, however, to consider the following additional factors,
costs and benefits:
¦ Starting routes from
Swift Gulch instead
of Gypsum may
reduce service to
down valley riders.
¦ If buses were stored
at Swift Gulch, it is
not valid to assume
that every deadhead
bus will travel to
and from Swift
Gulch instead of the
MSC.
Having the option
of storing buses in
Avon will provide
more possibilities
for bus routing,
which may provide
even greater
efficiencies.
I MSC Storage ; Swift Gulch Storage
All drivers report to MSC
Upvalley drivers can dri5 e
each day, at start and end directly to bus
i
of shift
All buses start and end at
U7 MSC where they can be
cleaned, maintained, More time and mileage
fueled and stored in devoted directly to routes
I heated, covered
surroundings
,; Drivers assured of having More possibilities for
a working bus routing and scheduling
`
All but five (6) year-round Reduce current
drivers live in deadheading/unproductive
Eagle/Gypsum routes to 179 miles/day
More possibilities for
downvalle service
U)
(D Deadheading and
unproductive routes (641 Drivers have reduced
contact with supervisors
miles/da) and other drivers
Less time and mileage Drivers not assured of
devoted to routes having a working bus
Increased costs to fuel
buses
U)
Maintenance unavailable
Outdoor storage
Cost of storage
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
MARCH 25, 2003 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
3. Ordinances
4. Resolutions
a. Resolution No. 03-13, Series of 2003, A Resolution Authorizing a Petition for
Exclusion of EagleBend Subdivision from Eagle Vail Metropolitan District and
Agreeing to Provide to EagleBend the Service now provided by Eagle Vail
Metropolitan District (John Dunn)
b. Resolution No. 03-14, Series. of 2003, A Resolution to Amend the 2003 Budget
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the March 11, 2003 Regular Council Meeting Minutes
12. Adjournment .
Avon Council Meeting.03.03.25
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
SUBJECT: EAGLEBEND EXCLUSION
DATE: MARCH 6, 2003
At your meeting on February 25, 2003, direction was given to initiate the exclusion
of Eaglebend from Eagle Vail Metropolitan District. You will therefore have before you a
resolution which will accomplish that purpose at your meeting on March 11.
If the resolution is adopted, the following steps will be taken:
1. A petition will be filed with the court.
2. Within ten days after the filing of the petition, the Eagle Vail board will be
notified, and the Eaglebend taxpaying electors will be notified by publication. The Town, the
Eagle Vail board and the taxpaying electors, as a class, are the parties to the exclusion proceedings.
3. At the time of filing the petition, the Town is required (in the language of the
statute) to submit a plan for the disposition of assets and continuation of services to all areas of the
district. The plan includes, to the extent applicable, a) provisions for the maintenance and
continuity of facilities to be utilized by the territories both within and without the municipal
boundaries and b) provisions for services to all territories served or previously served by the
district. In this case, the plan would be a simple one, providing for conveyance of water lines and
facilities within Eaglebend to the Town and providing for the Town's supplying of water to
Eaglebend. Services to the remaining areas of Eagle Vail and maintenance and continuity of the
facilities utilized without the Town boundaries would not be affected.
4. Eagle Vail will be required to submit a similar plan at some time after the filing
of the petition. I assume that, at that stage, Eagle Vail would take the position that it is entitled to
be compensated for transfer to the Town of the water rights now being used to serve Eaglebend
(out of its surplus).
5. If the district and the Town agree on a single plan and enter into a contract
incorporating it, the court is required to review the contract and, if it finds the contract is fair and
equitable, approve it and incorporate it into the exclusion order. The court's review of the contract
includes (again in the language of the statute) consideration of the district's outstanding bonds,
discharge by the Town or Eaglebend of the portion of the debt incurred to serve Eaglebend, the
value and source of district facilities located within Eaglebend, the facilities to be transferred
necessary to serve Eaglebend, adequacy of facilities retained by the district, availability of the
facilities transferred to continue to serve the district, the effect which the transfer of facilities and
assumption of indebtedness will have upon the service provided in the remaining area of the district
and the extent to which the exclusion reduces the services or facilities or increases the costs to
users in the remaining area of the district.
6. If the Town and Eagle Vail cannot agree on a single plan, the court is required to
review both plans and direct each to carry out so much of their respective plans as to which there is
no disagreement and make such other provisions as are fair and equitable, make such allocation of
facilities, impose such responsibilities for the discharge of indebtedness and impose such other
conditions and obligations on the district and the Town as the court finds necessary to permit the
exclusion of the territory and the transfer of facilities necessary to serve the territory excluded
without impairing the quality of service or imposing an additional burden or expense on the
remaining territory of the district.
7. In the case of special districts providing water, certain additional requirements
must be met. First, the district's outstanding bonds may not exceed ten percent of the valuation for
assessment of the taxable property in the remaining territory of the district or, as an alternative, the
Town or Eaglebend must discharge that portion of the district's indebtedness incurred to serve
Eaglebend or the Town must enter into a contract to purchase the entire system of the district at a
price sufficient to pay the outstanding indebtedness of the district, including interest. Second,
provision must be made that all areas of the district receive the water services for which the district
was organized in substantial compliance with and fulfillment of the service plan for the district or
the petition for organization if no service plan exists.
8. After filing of the petition, ten percent or 100 of the eligible electors of
Eaglebend, whichever is less, may petition the court for a special election to be held within
Eaglebend on the question of exclusion. If a petition is filed, the court orders a special election, but
only if the conditions described above have been met. The district bears the costs of the election.
9. Any order for exclusion becomes effective, after recording, on January 1 next
following the date the order is entered.
10. Once exclusion is effective, Eaglebend will not be subject to any property tax
levied by Eagle Vail for its operating costs. For the purpose of retiring the district's outstanding
indebtedness and interest existing at the effective date of the exclusion order, Eagle Vail remains
intact as a district, and Eaglebend will be obligated to the same extent as all other property within
Eagle Vail but only for the proportion of such outstanding indebtedness and interest existing
immediately prior to the effective date of the order.
Conclusion Staff continues to have a concern with respect to this matter, both as to its potential
cost and as to its necessity. You will find attached a spread-sheet analysis of the tax impact of the
exclusion of Eaglebend from Eagle Vail Metro.
JWD:ipse
Memo
To: Honorable Mayor and Town Council
Thru: Lang Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: March 7, 2003
Re: Eaglebend Annexation & Water
Summary: The following is brief outline and time frame of the Eaglebend
Subdivision and Annexation process and related water issues:
October 18, 1979 Division of Water Resources letter approving Eagle-Vail
Metropolitan district as designated water source contingent upon
written commitment from District for service
July 21, 1981 Service Agreement from Eagle-Vail Metropolitan District to
Eaglebend for 143 Units based on conveyance of water rights for
0.11 cfs and 80.04 ac-ft consumptive use per year
September 1, 1981 Eagle-Vail water attorney letter to Nottingham attorney
transmitting final Service Agreement and stating water right
amount and source to be transferred to Eagle-Vail
June 1, 1982 Eaglebend Subdivision Plat with 143 residential development
rights recorded by Eagle County
April 22, 1986 Eaglebend annexation, zoning and subdivision application filed
with the Town of Avon
May 1, 1986 Letter from Upper Eagle Valley Consolidated Sanitation District
(UEVCSD) indicating acceptance of Eaglebend water and sewer
.lines by UEVCSD and Eagle-Vail Metropolitan District
June 10, 1986 Resolution and Ordinances 86-10 and 86-12 approved Eaglebend
annexation, subdivision and zoning for 228 residential units
I:\Engineering\Administration\MisceHaneous\Eaglebend Exclusion0evlopment & Water Summary-Doc
July 10, 1990 Ordinance 90-8, PUD Amendment increasing density for
Eaglebend Apartment area from 139 units to 242 units -
(Eaglebend revised total - 331 units)
June 1992 Ordinance 92-13 PUD Amendment changing Filing 2 Zoning
from 32 Townhouse Units to 21 Single Family Units - (Eaglebend
revised total - 320 units)
February 12, 2003 Letter from Glen Porzak - Eagle-Vail is willing to provide water
to Eaglebend so long as they remain in the District but if the are
excluded from the district their consumption has been calculated
as being 14 ac-ft with 1.5 ac-ft augmentation required - estimated
cost to purchase from Eagle-Vail (12.5 @ $3000 plus 1.5 @
$12,000 = $55,500)
February 20, 2003 Eagle-Vail Metropolitan District Resolution formalizing position
that water rights will not be provided for Eaglebend if it is
excluded from the District
anager commen
0 Page 2
Avon vs. Eaglebend Mill Levy
Avon Eaglebend Drive
Town of Avon 14.234 14.234
Avon Metro District 3.478
Eagle-Vail Metro 15.435
Eagle County 6.999 6.999
Eagle County Library District 2.75 2.75
Colorado Mountain College 3.997 3.997
Eagle County School District 21.981 21.981
ER Water & San District 1.3 1.3
ER Fire Protection District 3.8 3.8
CO River Water Conservancy District 0.255 0.255
Eagle County Health Service District 2.011 2.011
Total 60.805 72.762
Annually, Eaglebend Drive Residents pay 11.957 more mills than other Avon residents
This translates into an additional $107.613 for every $100,000 of home value
For this, Eaglebend Residents are able to pay "in district" fees in Eagle-Vail for the following:
1. Outdoor Swimming Pool
2. Par 3 Golf Course
3. 18-Hole Golf Course
4. Pavilion Rental
There are no instances of double taxation
The Eagle-Vail mills are broken out as follows:
10 mills - debt service with an expiration date of 2009
5.435 - parks operations
If Eaglebend Residents exclude from Eagle-Vail Metro
they will still have to pay the 10 mills until 2009.
They will cease paying the 5.435 mills toward parks operations
This will result in a savings of $48.915 per $100,000 of home value
RESOLUTION 03-13
Series of 2003
A RESOLUTION AUTHORIZING A PETITION FOR
EXCLUSION OF EAGLEBEND SUBDIVISION FROM
EAGLE VAIL METROPOLITAN DISTRICT AND
AGREEING TO PROVIDE TO EAGLEBEND THE SERVICE
NOW PROVIDED BY EAGLE VAIL METROPOLITAN
DISTRICT
WHEREAS, the territory known as Eaglebend Subdivision, more specifically
described in Exhibit "A" attached hereto, in the Town of Avon ("the Territory"), is located in Eagle
Vail Metropolitan District; and
WHEREAS, § 32-1-502(1)(a), C.R.S., authorizes the governing body of any
municipality wherein territory within a special district is located to petition the court for exclusion
of the territory described in the petition from the special district; and
WHEREAS, § 32-1-502(2)(a), C.R.S., requires as a condition to exclusion, that the
governing body of the municipality agree by resolution to provide the service provided by the
special district to the area described in the petition on and after the effective date of the exclusion
order; and
WHEREAS, the only municipal service not now provided by the Town to the
Territory is the provision of a potable water supply for consumption for residential purposes;
NOW, THEREFORE, BE IT RESOLVED:
1. The Town Attorney is authorized and directed to file a petition with the District
Court for Eagle County for exclusion of the Territory from the Eagle Vail Metropolitan District.
2. On and after the effective date of any exclusion order entered by the District
Court, the Town shall provide a potable water supply for consumption for residential purposes.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 11th
day of March, 2003.
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
LZ -?. DESCRIPTION:
,i
thence leaving said centerline, S 01.24146" E 35.00 on on tt,e South bank 'of the Eagle River; thence along
Said Souto a th bankt
the following eleven courses:
A parcel of land located in the Southeast one-quarter of
Section 12, Township 5 South, Range 82 Y:est, and the Southwest
-On:-quarter of section 7, Township 5 South, Range 81 West of
"e Sixth Principal meridian, eagle County, Colorado, said
.parcel beina more particularly described as follows with all
tear_ngs relative to the Final Plat of Eagle-Vail Filing No. 2;
Beginning at a point on the South right-of-way line of
the Denver and Rio Grande Western Railroad from whence the
North one-quarter corner of said Section 7, a brass cap monument
lounc in place, beers N 050011540
said right-of-:gal; line the following four courses:
1) N 64°22'00" W 2064.00 feet to a point of curvature;
2) 578.05 feet along the arc of a 34,327.50 foot radius
curve to the left ::hose long chord bears t] 64°50'57" W 578.04
to a point on the common line of said Section 12 and 7;
3) thence continuing along the arc of said curve,
390.54 feet to a point of tangent, with -a long chord which
hears N 65139127" W 390.54 feet;
4) thence N 65°59'00" W 377.60 feet to a point from
whence the common one-quarter corner of said Sections 12 and
3, a brass cap monument found in place, bee=s N 67010139" E
756.94 feet;
thence S 23°28130" W 417_51 feet along the Last line of a
of land owned by :rank and Ir:ogene Doll parcel
,-as re 25
at Pace 291 of the Eagle County Records,
to aepointdonntheocente+-
1_ne of the Eagle River; thence along said centerline and the
:;o=th line of a parcel of land owned by Ken and Don Kriz, as
recorded in Book 227 at Page 259 of the Eagle. County Records, the
following rive courses:
1) S 59039932" E 398.03 feet;
2) S 610261300 E 300.36 feet;
3) S 59023149" E 305.09 feet to a point on the common
line between said Section 12 and 7, from whence the south-
east corner of said Section 7, a brass cap znoniunent found
in place, bears S 00017213" E 1458.64 feet;
4) thence continuing S 59°23'49" E 2_94 feet;
5) S 84014140" E 54.42 feet;
ce leaving
_t line o? a
c` Beginning,
1) S 65°00'10" E 43.16 feet;
2)
3) S
N 73-00@410
9
°
- E 27.24 feet;
Eagle-Vail 3
29
18"
riling No E
. 409.37
2; feet
4) S 86°34134" E 110.16 feet;
5) S 62°21'14" E 260.77 feet;
6) S 38°51'12" E 231.14 feet;
S 50824-14- E 315.36 Feet;
8) S 61'52'35n E 263.06 Pest;
9) S 76100'35" ? 301.96 feet;
10)
11) S
S 55°11136"
0
1 3 227.75 feet;
37
40
59" E 80.49 feet;
to Corner 11o. 17 of
said South bank, N 45053100" E 503.74 feet along the
-parcel of land owned by Susan Nottingham, to the Point
containing 1,395,474 SQ17Arob f___ __ ---
fee
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Scott Wright, Finance Directors- J
Date: March 21, 2003
Re: Resolution 03-14, Budget Amendment
Summary
A budget amendment is proposed to the General Fund for various items as identified below:
• Additional fleet maintenance charges in the amount of $3,882 for new equipment purchased
for operation at the Village.
• Carryover of two 2002 purchase orders in the amount of $2,400 for the Finance Department
for software and training that was not completed by December 31, 2002.
• Overtime of $12,000 pursuant to Council's acceptance of the 2003 Police LEAF Grant.
Revenues offset this cost.
• Contribution of $10,000 to summer air service program,
• Contribution of $20,000 to VVCTB.
• Contribution of $5,000 to the Vail Valley Economic Council.
• Identified salary savings in the amount of $131,298.
• Council approved performance bonuses in the amount of $$72,000. The general fund
amendment contains $55,200 of this amount. The remainder of $16,800 will be allocated to
transit, fleet maintenance and mall maintenance funds in later budget amendments.
• Additional sales tax revenues in the amount of $56,000.
• Additional zoning and design review fees in the amount of $10,000 due to a fee increase.
• Debt issuance fees in the amount of $13,725 to be collected from the issuance of Industrial
Development Refunding Bonds by the Kroger Co.
• Community Enhancement Revenues from the Town's franchise agreement with Holy Cross
Electric in the amount of $42,824 not previously budgeted.
Page 1
• Additional Conservation Trust Fund (Colorado Lottery) revenues in the amount of $24,000 due
to the increase in population credited to the Town in the 2002 census.
Recommendation:
Staff recommends that Council adopt the resolution discussed above as presented.
Town Manager Comments:
Attachments:
A- Summary of Proposed Amendment
B- Resolution 03-14
• Page 2
2003 Budget Amendment #1
General Fund
Variance
Favorable
Summary of Proposed Amendment (Unfavorable)
Expenditures:
- Additional Fleet Maintenance Charges on new equipment
purchased for the Village (Snowplow, Street Sweeper) $ (3,882)
- Carryover of 2002 Purchase Orders - Finance Dept. (2,400)
- Police LEAF Grant (Overtime) (12,000)
- Summer Air Service Contribution (10,000)
- Contribution to VVCTB (20,000)
- Contribution to the Vail Valley Economic Council (5,000)
- Identified Salary Savings from Attrition and Turnover 131,298
- Pay for Performance Bonuses (General Fund Only) (55,200)
Revenues:
- Additional Sales Tax Revenues 56,000
- Police LEAF Grant 12,000
- Zoning and Design Review Fee Increase 10,000
- Kroger Bond Issuance Fee 13,725
- Community Enhancement Revenues (Electric Franchise) 42,824
- Additional Conservation Trust Revenues 24,000
Total Projected Surplus 181,365
RESOLUTION NO. 03-14
SERIES OF 2003
A RESOLUTION TO AMEND THE 2003 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2003 BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF
JANUARY, 2003, AND ENDING ON THE LAST DAY OF DECEMBER, 2003.
WHEREAS, the Town Council of the Town of Avon has adopted the 2003
budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2003; and
WHEREAS, the Town Council finds it necessary to amend the 2003 budget to
more accurately reflect the revenues and expenditures for 2003; 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 fund is as
follows for 2003:
Original or
Previously
Amended
2003
Budget
General Fund
Beginning Fund Balance $ 3,152,201
Revenues and Other Sources 9,689,661
Expenditures and Other Uses 9,689,661
Ending Fund Balance $ 3,152.201
Current
Proposed
Amended
2003
Budget
$ 3,152,201
9,848,210
9,666,845
$ 3,333,566
1
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
Town Manager and made part of the public record of the Town.
ADOPTED this 25th day of March 2003.
TOWN OF AVON, COLORADO
Buz Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
2
General Fund #10
Amendment Budget #1
Fund Summa
Original or Current
Prev. Amend. Proposed Difference
Actual Budget Budget Amendment Increase
2001 2002 2003 2003 (Decrease)
REVENUES
Taxes $ 6,524,156 $ 6,427,439 $ 6,270,870 $ 6,326,870 $ 56,000
Licenses and Permits 192,672 579,203 147,860 147,860 -
Intergovernmental 582,992 633,280 637,117 673,117 36,000
Charges for Services 1,280,957 1,582,863 1,860,139 1,870,139 10,000
Fines and Forfeitures 60,486 58,675 58,675 58,675 -
Investment Earnings 277,308 125,000 117,500 117,500 -
Other Revenue 328,914 145,000 137,500 194,049 56,549
Total Operating Revenues 9,247,485 9,551,460 9,229,661 9,388,210 158,549
Other Sources
Sales of Fixed Assets 1,840 15,000 5,000 5,000 -
Transfer-In From Capital Projects Fund 100,000 - 150,000 150,000
Transfer-In From Employee Housing Fund - 4,676 - -
Capital Lease Proceeds - - 305,000 305,000
Total Other Sources 101,840 19,676 460,000 460,000 -
TOTAL REVENUES $ 9,349,325 $ 9,571,136 $ 9,689,661 $ 9,848,210 $ 158,549
EXPENDITURES
General Government $ 2,084,650 $ 2,017,052 $ 1,661,568 $ 1,575,670 $ (85,898)
Community Development 605,560 495,156 446,094 450,894 4,800
Public Safety 1,662,108 1,557,949 1,565,499 1,591,099 25,600
Public Works 2,474,795 2,568,737 2,762,516 2,781,598 19,082
Recreation and Culture 2,080,409 2,109,910 1,976,308 1,989,908 13,600
Total Operating Expenditures 8,907,522 8,748,804 8,411,985 8,389,169 (22,816)
Other Uses
Transfers-Out to Mall Maintenance 25,000 25,000 25,000 25,000 -
Transfers-Out to Debt Service 450,000 450,000 480,120 480,120 -
Transfers-Out to Finance Authority 135,015 136,036 137,556 137,556 -
Transfers-Out to Transit 900,000 600,000 495,000 495,000 -
Transfers-Out to Sherwood Meadows 160,000 182,500 140,000 140,000 -
Total Other Uses 1,670,015 1,393,536 1,277,676 1,277,676 -
TOTAL EXPENDITURES 10,577,537 10,142,340 9,689,661 9,666,845 (22,816)
NET SOURCE (USE) OF FUNDS (1,228,212) (571,204) - 181,365 181,365
FUND BALANCES, Beginning of Year 4,951,617 3,723,405 3,152,201 3,152,201 -
FUND BALANCES, End of Year $ 3,723,405 $ 3,152,201 $ 3,152,201 $ 3,333,566 $ 181,365
Page 1
General Fund #10
Amendment Budget #1
Revenue Detail
Original or Current
Prev. Amend, Proposed Difference
Account Actual Budget Budget Amendment Increase
Number Description 2001 2002 2003 2003 (Decrease)
Taxes:
51101 General Property Tax $ 1,074,882 $ 1,252,547 $ 1,295,978 $ 1,295,978 $
51102 General Property Tax - Delinquent Collections 227 250 250 250
51103 General Property Tax - Interest 2,371 1,500 1,500 1,500
51201 Specific Ownership Tax 189,666 205,000 205,000 205,000 -
51301 Sales Tax 4,890,142 4,645,142 4,445,142 4,501,142 56,000
51302 Utility Tax 112,666 100,000 100,000 100,000 -
51304 Penalties and Interest 11,868 10,000 10,000 10,000
51402 Franchise Fees 242,334 213,000 213,000 213,000 -
51000 Total Taxes 6,524,156 6,427,439 6,270,870 6,326,870 56,000
Licenses and Permits:
52101 Liquor Licenses 5,488 4,500 4,500 4,500 -
52102 Business Licenses 20,650 21,000 21,000 21,000 -
52103 Contractor's Licenses 19,336 17,500 17,500 17,500 -
52201 Building Permits 96,601 450,000 75,000 75,000 -
52202 Electrical Permits 4,942 - - -
52203 Plumbing Permits 14,928 37,035 9,100 9,100
52204 Mechanical Permits 22,375 40,668 9,100 9,100 -
52205 Road Cut Permits 2,220 3,500 6,660 6,660 -
52206 Other Licenses and Permits 6,132 5,000 5,000 5,000 -
52000 Total Licenses and Permits 192,672 579,203 147,860 147,860 -
Intergovernmental:
Federal Grants:
53101 COPS - - - -
53103 Federal Drug Forfeiture Funds 1,408 - - -
53199 Other Federal Grants 850 24,660 24,660 24,660
Subtotal: Federal Grants 2,258 24,660 24,660 24,660 -
State Grants
53299 Other 8,332 15,900 - 12,000 12,000
Subtotal: State Grants 8,332 15,900 - 12,000 12,000
State/County Shared Revenue:
53301 Conservation Trust 32,538 27,193 27,500 51,500 24,000
53302 Motor Vehicle Registration 20,755 20,000 2,000 2,000 -
53303 Highway User's Tax 161,096 157,600 156,488 156,488
53304 Cigarette Tax 40,622 45,000 45,000 45,000
53305 County Sales Tax 206,143 226,469 266,469 266,469
53306 Road & Bridge Fund 111,248 116,458 115,000 115,000 -
Subtotal: Shared Revenue 572,402 592,720 612,457 636,457 24,000
53000 Total Intergovernmental 582,992 633,280 637,117 673,117 36,000
Page 2
General Fund #10
Amendment Budget #1
Revenue Detail
Original or Current
Prev. Amend. Proposed Difference
Account Actual Budget Budget Amendment Increase
Number Description 2001 2002 2003 2003 (Decrease)
Charges for Services:
General Government:
54101 Sale of Map and Publications 115 500 500 500
54102 Photocopying Charges 1,179 1,500 1,500 1,500
54103 License Hearing Fees - 100 100 100
54104 Other Fees and Charges 156 250 250 250
54201 Plan Check Fees 155,638 102,440 61,625 61,625
54202 Subdivision Review Fees 3,500 165,000 60,000 60,000
54203 Design Review Fees 23,607 21,182 10,000 20,000 10,000
54204 Animal Control Fees 1,080 1,200 1,200 1,200 -
54205 Abatement Services 1,720 1,200 1,200 1,200
54301 Police Reports 628 1,200 1,000 1,000
54302 Police Contract Services 7,372 6,750 6,750 6,750
54303 Fingerprinting Fees 1,775 1,250 2,500 2,500 -
54304 VIN Inspection Fees 13,619 14,000 16,000 16,000 -
54305 False Alarm Fees - - 2,000 2,000 -
54452 Sherwood Meadows Maintenance Charges 6,812 10,000 10,000 10,000 -
54453 Village at (Avon) Municipal Services 3,898 17,397 291,370 291,370 -
Subtotal: General Govern. 221,099 343,969 465,995 475,995 10,000
Recreation Facility:
54601 Admission Fees 781,962 950,000 1,100,000 1,100,000 -
54602 Program Fees 39,980 45,163 45,163 45,163
54603 Rentals 4,780 5,001 5,001 5,001
54604 Merchandise Sales 24,918 17,730 17,730 17,730
54605 Childcare 12,264 13,875 13,875 13,875
54606 Rec Center Services 3,326 6,500 4,000 4,000
54607 Fitness Program Revenues 12,753 15,250 15,250 15,250
Other Recreation:
54651 Adult Program Revenues 19,897 22,500 22,500 22,500
54652 Cabin Equipment Rentals 43,843 43,000 43,000 43,000
54653 Athletic Field Rentals 3,161 4,100 4,000 4,000
54654 Cabin Concessions 7,755 8,000 8,000 8,000
54655 Youth Program Revenues 59,176 77,500 77,500 77,500
54676 Sponsorships 23,735 15,000 20,750 20,750
54677 Advertisements 3,390 1,500 3,600 3,600
54678 Event Fees 18,918 13,775 13,775 13,775
Subtotal: Recreation 1,059,858 1,238,894 1,394,144 1,394,144 -
54000 Total Charges for Services 1,280,957 1,582,863 1,860,139 1,870,139 10,000
Page 3
General Fund #10
Amendment Budget #1
Revenue Detail
Original or Current
Prev. Amend. Proposed Difference
Account Actual Budget Budget Amendment Increase
Number Description 2001 2002 2003 2003 (Decrease)
Fines and Forfeitures:
55101 Court Fines - Traffic
55102 Court Fines - Criminal
55103 Court Fines - Parking
55104 Court Fines - General
55105 Court Costs
55106 Jury Fees
55107 Bond Forfeitures
55108 Miscellaneous Court Revenues
55000 Total Fines and Forfeitures
Investment Earnings:
57101 Interest
57000 Total Investment Earnings
Other Revenues:
58101 Recreational Amenity Fees
58201 Lease of Town-Owned Property
58106 Community Enhancement Fees
58109 Debt Issuance Fees
58999 Miscellaneous Nonclassified Revenues
58000 Total Other Revenues
50000 TOTAL REVENUES
21,399 20,000 20,000 20,000
29,052 30,000 30,000 30,000
5,911 5,000 5,000 5,000
550 250 250 250
2,999 3,000 3,000 3,000
171 200 200 200
200 200 200 200
204 25 25 25
60,486 58,675 58,675 58,675
277,308 125,000 117,500 117,500
277,308 125,000 117,500 117,500
194,774 75,000 87,500 87,500
32,091 - - -
34,356 - 42,824 42,824
- - - 13,725 13,725
67,693 70,000 50,000 50,000 -
328,914 145,000 137,500 194,049 56,549
$ 9,247,485 $ 9,551,460 $ 9,229,661 $ 9,388,210 S 158,549
Page 4
General Fund #10
Amendment Budget #1
Department Expenditure Summaries
Original or Current
Prev. Amend. Proposed Difference
Dept./Div. Actual Budget Budget Amendment Increase
Number Description 2001 2002 2003 2003 (Decrease)
General Government:
Legislative:
111 Mayor and Town Council $ 100,504 $ 101,138 $ 92,439 $ 92,439 $
112 Boards and Commissions 13,397 16,695 15,205 15,205
113 Town Attorney 122,609 79,941 60,000 60,000
114 Public Relations 282,431 266,185 39,450 74,450 35,000
115 Town Clerk 70,912 85,691 77,151 75,223 (1,928)
Total Legislative 589,853 549,650 284,245 317,317 33,072
Judicial:
121 Municipal Court
Executive:
131 Town Manager
132 Human Resources
Total Executive
Finance Department:
141 Finance
142 Information Systems
149 Nondepartmental
Total Financial Administration
Total General Government
Community Development:
211 Administration
212 Planning
213 Building Inspection
Total Community Development
Police Department:
311 Administration
312 Patrol
313 Investigations
315 Neighborhood Services
Total Police
Public Works:
411 Administration
412 Engineering
413 Roads and Streets
52,416 72,403 76,312 69,908 (6,404)
310,983 311,140 302,803 181,837 (120,966)
143,024 151,765 183,688 184,888 1,200
454,007 462,905 486,491 366,725 (119,766)
574,120 459,988 422,326 428,726 6,400
146,880 164,851 128,502 129,302 800
267,374 307,255 263,692 263,692 -
988,374 932,094 814,520 821,720 7,200
2,084,650 2,017,052 1,661,568 1,575,670 (85,898)
209,434 115,366 105,515 106,315 800
129,208 128,660 131,240 132,840 1,600
266,918 251,130 209,339 211,739 2,400
605,560 495,156 446,094 450,894 4,800
351,524 332,096 261,142 263,542 2,400
1,145,669 1,062,568 1,141,245 1,162,845 21,600
85,849 79,853 87,351 88,151 800
79,066 83,432 75,761 76,561 800
1,662,108 1,557,949 1,565,499 1,591,099 25,600
150,263 156,360 155,161
184,825 337,681 246,321
913,584 840,271 1,170,041
156,761 1,600
248,721 2,400
1,177, 351 7,310
Page 5
General Fund #10
Amendment Budget #1
Department Expenditure Summaries
Dept./Div.
Number Description
414 Facilities Maintenance
415 Parks
Total Public Works
Recreation and Culture:
513 Special Events
514 Administration
515 Adult Programs
516 Aquatics
517 Childcare
518 Fitness
519 Front Desk
520 Maintenance
521 Youth Programs
Total Recreation and Culture
TOTAL OPERATING
EXPENDITURES
Original or Current
Prev. Amend. Proposed Difference
Actual Budget Budget Amendment Increase
2001 2002 2003 2003 (Decrease)
329,212 441,134 379,047 380,647 1,600
896,911 793,291 811,946 818,118 6,172
2,474,795 2,568,737 2,762,516 2,781,598 19,082
266,859 144,214
354,608 350,395
100,410 128,682
347,820 395,640
63,269 73,983
145,405 147,172
233,830 252,267
480,179 518,188
88,029 99,369
126,193 126,593 400
342,925 345,725 2,800
121,138 121,538 400
366,555 370,155 3,600
63,900 64,300 400
134,572 134,972 400
219,761 221,361 1,600
531,648 535,248 3,600
69,616 70,016 400
2,080,409 2,109,910 1,976,308 1,989,908 13,600
$ 8,907,522 $ 8,748,804 $ 8,411,985 $ 8,389,169 $ (22,816)
Page 6
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MARCH 11, 2003
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. Also present were Town Manager Larry Brooks, Town Attorney
John Dunn, Town Clerk Patty McKenny, Human Resource Director Jacquie Halburnt, Town
Engineer Norm Wood, Recreation Director Meryl Jacobs, Public Works Director Bob Reed,
Transit Director Harry Taylor, Finance Director Scott Wright, Police Chief Jeff Layman,
Community Development Director Ruth Borne, as well as members of the press and public.
Citizen Input
Don Cohen and Arn Menconi, Eagle County Commissioner, were present to address the
Council about the formation of the Vail Valley Economic Council. The Council is the outgrowth
of many meetings engaging community leaders that have taken place throughout the Valley
corridor. Don Cohen presented the business plan of the economic council and expressed
interest in getting Council feedback. He noted that the Council would serve as an organization
that would provide a more strategic role in economic development. He spent some time
explaining the mission, vision and objectives of the organization as well as describing a unique
economic model for the valley. He indicated that the funding sources would be targeted at
primarily the private sector as well as, hopefully, some funding from the public sector. The
Town Council showed support for the formation of the Vail Valley Economic Council by
providing some seed money for its initial development.
Ordinances
Public Hearing - Second Reading
Town Attorney John Dunn presented Ordinance No. 03-05, an Ordinance refunding bonds for
the Kroger Company noting that no changes had been made. He again reminded the Council
that the passage of this Ordinance did not present any potential liability to the Town. Mayor
Reynolds opened the public hearing, no comments were made and the hearing was closed.
Councilor McDevitt moved to approve Ordinance No. 03-05, Series of 2003, on first reading, an
Ordinance Authorizing The Issuance Of Not To Exceed $2,745,000 Adjustable Rate Demand
Industrial Development Revenue Refunding Bonds, Series 2003 (The Kroger Co.) Of The Town
Of Avon, Colorado (The "Issuer"), The Proceeds Of Which Shall Be Loaned To The Kroger Co.
For The Purpose Of Providing Funds For The Refunding Of Bonds Previously Issued By The
Issuer To Refinance Costs Of A "Project" Within The Meaning Of The Colorado County And
Municipality Development Revenue Bond Act; Authorizing A Loan Agreement And Trust
Indenture Appropriate For The Protection And Disposition Of Such Revenues And To Further
Secure Such Bonds; Authorizing A Bond Purchase Agreement And Tax Regulatory Agreement
And Authorizing Other Actions In Connection With The Issuance Of Such Bonds. Councilor
Sipes seconded the motion and it passed unanimously.
Town Engineer Norm Wood presented Ordinance No. 03-06 - An Ordinance Authorizing
Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5 McGrady Acres for second
reading. He noted that the Resubdivision of Lots 1, 2, 3, 4 and 5 along with reconfiguration of
public road rights-of-way has resulted in various lot lines and road rights-of-way overlapping lot
lines and rights-of-way in the original subdivision. This has created potential conflicts of
ownership between the old and new property lines. The Bargain and Sale Deeds (included in
the packet) resolves these ownership issues and clarifies title to the properties conforming to
There being no further business to come before the Council, the meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting
March 11, 2003
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