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TC Council Packet 12-09-2008TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 9, 2008 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN ATTORNEY: ERIC HEIL TOWN STAFF TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 1. CALL TO ORDER AND ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST 4. COMMUNITY INPUT a. Citizens Comments b. Sister City Presentation (Amy Phillips, Councilor and Jill Paradise) c. Recreation Center Special Events Update (John Curutchet, Recreation Superintendent) Preview of Icing on the Lake Event on December 20th 5. CONSENT AGENDA a. Minutes from November 11, 2008 and December 2, 2008 b. Resolution No. 08-53, Series of 2008, Resolution to Approve a Request for Allocation of PEG Funds Appropriated in the Town of Avon 2008 Budget (Scott Wright, Assistant Town Manager Finance) Review of request for funding from Public Access 5 Television for upgrades to system c. Resolution No. 08-54, Series of 2008, Resolution to Adopt an Economic Incentive Policy (Scott Wright, Assistant Town Manager Finance) Review of final draft of proposed Incentive Policy and Guidelines for Public Sector Participation d. Consent and Waiver of Conflict of Interest (Eric Heil, Town Attorney) Information related attorney professional conduction issue that addresses in writing conflict of interest when representing multiple clients e. Service Agreement with Eagle River Fire Protection District (Dan Higgins, Fleet Manager) f. Service Agreement with Eagle County Hazmat Team (Dan Higgins, Fleet Manager) g. Service Agreement with Town of Redcliff (Dan Higgins, Fleet Manager) h. Service Agreement with Western Eagle County Ambulance District (Dan Higgins, Fleet Manager) i. Service Agreement with Town of Minturn (Dan Higgins, Fleet Manager) j. Service Agreement with Beaver Creek Metro District Public Works (Dan Higgins, Fleet Manager) k. Service Agreement with Eagle County Ambulance District (Dan Higgins, Fleet Manager) I. Service Agreement with Greater Eagle Fire Protection District (Dan Higgins, Fleet Manager) m. Service Agreement with Eagle River Water & Sanitation District (Dan Higgins, Fleet Manager) n. Service Agreement with Vail Valley Foundation (Dan Higgins, Fleet Manager) Avon Council Meeting.08.12.09 Page 4 of 5 TOWN OF AVON, COLORADO REGULAR COUNCIL MEETING FOR TUESDAY, DECEMBER 9, 2008 MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET 6. ORDINANCES a. Public Hearing on Ordinance No. 08-11, Series of 2008, Second Reading, An Ordinance Amending Title 10 Of The Avon Municipal Code To Enact A Schedule Of Fines For Parking Violations, Enact Authority To Boot And Impound Vehicles With Parking Violations, And Establish A Commercial Core For Increased Parking Fines (Brian Kozak, Police Chief) Parking ordinance revisions to designate a commercial core are in Avon with enhanced penalties 7. RESOLUTIONS a. Resolution 08-51, Series of 2008, Resolution Approving the Final Plat, A Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5351 Ferret Lane) (Shane Pegram, Engineer II) This Final Plat resubdivides Lot 69, Block 4, Wildridge into two distinct lots, Lot 69A and 69B, and creates an access easement across 69B for the benefit of 69A b. Resolution No. 08-52, Series of 2008, Resolution Adopting a new Master Plan for the Harry A. Nottingham Park. (Matt Gennett, Planning Manager, Pedro Campos from VAg, Inc,) Review of the master plan document 8. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION 9. NEW BUSINESS 10. UNFINISHED BUSINESS 11. OTHER BUSINESS 12. TOWN MANAGER REPORT 13. TOWN ATTORNEY REPORT 14. MAYOR REPORT 15. FUTURE AGENDA DATES & ITEMS: January 13, 2008: Leaf Grant Agreement, Heat Recovery Plan, Revisions to Intergovernmental Agreement for Eagle County Animal Control Services, PEG Fee Update & Channel 5 Grant, Notice of Posting Locations Resolution January 27, 2008: Recreation Trails Master Plan 16. ADJOURNMENT Avon Council Meeting.08.12.09 Page 5 of 5 MEMORANDUM To: Thru: From: Date: Re: Honorable Mayor and Town Council Larry Brooks, Town Manager John Curutchet — Recreation Programs Superintendent Danita Chirichillo — Special Events Supervisor Y(� Meryl Jacobs — Director of Recreation and Cultural Services December 9, 2008 Icing on the Lake Summary: Avon's annual Icing on the Lake event will be held in Harry A. Nottingham Park on Saturday, December 20 from 2:00 p.m. until 5:00 p.m. This event will celebrate opening day for winter activities at the Avon Log Cabin. The event will include can food drive benefiting the Salvation Army, reindeer, face painters, balloon sculptor, snowmobiles rides for children, ice skating and ice games (if there is enough ice), winter characters, bonfire and so much more. Icing on the Lake will be marketed to the public via radio advertising, avonrec.org, avon.org, email blasts, event posters, recreation center brochure and potentially Vail Daily ads. Discussion: Financial Implications: Icing on the Lake is budgeted for $4,300 in the 2008 special events budget with $2,125 in sponsorship. Town Manager Comments: MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD NOVEMBER 11, 2008 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 6:45 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Underwood. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Director Administrative Service Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Community Development Eric Heidemann, Police Chief Brian Kozak and Public Works and Transportation Director Jenny Strehler as well as members of the public. APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST Mayor Wolfe made one addition to the agenda; to discuss a request for funding on behalf of the SDAT application as requested by Chris Green. There were no conflicts of interest noted. CONSENT AGENDA Mayor Wolfe asked for a motion on the consent agenda. Mayor Pro Tem Sipes moved to approve the consent; Councilor Underwood seconded the motion and it passed unanimously. a. Minutes from October 28, 2008 b. Resolution No. 08-48, Series of 2008, Resolution Establishing Procedures for Designating Authorized Volunteers of the Town of Avon (Patty McKenny, Director Administrative Services) Adoption of volunteer program procedures as recommended by CIRSA c. Change Order 002 — Town of Avon Recreation Center Remodel (Shane Pegram, Engineer II) Review of changes to complete remodel work NEW BUSINESS Greg Daly, Lieutenant, presented the Revisions of the Intergovernmental Agreement for Eagle County Animal Control Services and reviewed the reductions in animal control service due to personnel and budget shortfalls. There was some concern that there was a reduction in hours of service but not a reduction in the monthly costs; it was noted that Chief Kozak was concerned as well about the costs. All agreed that the services have been credible for the police and the public. The Town Manager preferred to continue engaging the services at the same costs and the fact that the service is 24 hours and 7 days a week is most valuable. Council asked that staff present at the next meeting further information about the logic related to the costs. Mayor Sipes moved to table the IGA until the next meeting; Councilor Phillips seconded the motion and it passed unanimously. ORDINANCES Eric Heidemann, Community Development, presented Ordinance No. 08-10, Series of 2008, Second Reading, an Ordinance approving Memo of Understanding with NWCCOG for performing Elevator Inspections on first reading. He noted that the Agreement outlines the roles of each of the parties as related to the inspection of elevators within the Town of Avon. It was noted that since this is an IGA a 2/3 vote is required. He noted that through dialogue with the State & with NWCCOG, the state is acceptable to the services provided by NWCCOG. Mayor Wolfe opened the public hearing, no comments were made, the hearing was closed. Councilor Underwood moved to approve Ordinance No. 08-10, Series of 2008, Ordinance approving Memo of Understanding with NWCCOG for performing Elevator Inspections on second reading; Mayor Pro Tem Sipes seconded the motion and it passed unanimously. Greg Daly, Lieutenant, presented Ordinance No. 08-11, Series of 2008, First Reading, An Ordinance Amending Title 10 Of The Avon Municipal Code To Enact A Schedule Of Fines For Parking Violations, Enact Authority To Boot And Impound Vehicles With Parking Violations, And Establish A Commercial Core For Increased Parking Fines. He reviewed some of the criteria used in drafting the parking ordinance revisions to designate a commercial core are in Avon with the enhanced penalties. The ordinance was drafted with input from the police, judge and prosecuting attorney to hopefully create legislation that accomplishes the goals identified. After some discussion about the details in the ordinance a motion was made. Councilor Underwood moved to approve Ordinance No. 08-11, Series of 2008, First Reading, An Ordinance Amending Title 10 Of The Avon Municipal Code To Enact A Schedule Of Fines For Parking Violations, Enact Authority To Boot And Impound Vehicles With Parking Violations, And Establish A Commercial Core For Increased Parking Fines on first reading with the following three changes to be made for second reading: • Revise the map to include the entire valley floor as the core area • Increase fine for disabled parking violation • Clarify the violation for parking in two spaces and on the line Councilor Ferraro seconded the motion and it passed unanimously. RESOLUTIONS Shane Pegram, Engineer II, presented Resolution 08-40, Series of 2008, Resolution Approving the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado (228 West Beaver Creek Blvd.). He noted that this Final Plat resubdivides Lot 37 into two distinct lots, 37A and 37B, and creates a common access easement. Council asked that the snow storage easements be provided on the final plat. Mayor Pro Tern Sipes moved to approve Resolution 08-40, Series of 2008, Resolution Approving the Final Plat, A Resubdivision of Lot 37, Block 2, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado (228 West Beaver Creek Blvd.). Councilor Phillips seconded the motion and it passed unanimously. Scott Wright, Asst. Town Manager Finance, presented the following two resolutions: • Resolution No. 08-38, Series of 2008, Resolution approving Town of Avon Public Employees Money Purchase Pension Plan Amendments. Revisions to plan in order to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001 • Resolution No. 08-39, Series of 2008, Resolution approving Town of Avon Police Officers Money Purchase Pension Plan Amendments. Revisions to plan in order to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001 A summary of the amendments was made and are consistent with both documents. Councilor Ferraro moved to approve the above two resolutions; Councilor Phillips seconded the motion and it passed unanimously. Scott Wright, Asst. Town Manager Finance, presented the budget resolutions as follows: • Resolution No. 08-41, Series of 2008, Resolution to amend the 2008 Town of Avon Budget • Resolution No. 08-42, Series of 2008, Resolution to amend the 2008 Town of Avon Capital Projects Fund Budget • Resolution No. 08-43, Series of 2008, Resolution to adopt the 2009 Town of Avon Budget Regular Council Meeting Page 2 of 4 08-11-11 • Resolution No. 08-44, Series of 2008, Resolution to accept the proposed Town of Avon Long Range Capital Program and Simultaneously adopt the Year 2009 Capital Projects Fund Budget Mr. Wright presented a synopsis of the budgets by outlining the budget process and describing the inclusion of those items discussed at the retreat related to marketing & community building activities. The fund balances were reviewed. Some comments were made related to the construction on Metcalf road to Wildwood road. Councilor Underwood moved to approve the above four resolutions; Mayor Pro Tem Sipes seconded the motion and it passed unanimously. Scott Wright, Asst. Town Manager Finance, presented the mill levy resolutions as follows: ■ Resolution No. 08-45, Series of 2008, Resolution Levying General Property Taxes for the Year 2008, to help defray the costs of government for the Town of Avon, Colorado, for the 2009 Budget Year • Resolution No. 08-46, Series of 2008, Resolution Levying General Property Taxes for the Year 2008, to help defray the Costs of government for the Avon Metropolitan District, Avon, Colorado, for the 2009 Budget Year ■ Resolution No. 08-47, Series of 2008, Resolution Levying General Property Taxes for the Year 2008, to help defray the Costs of government for the Town of Avon General Improvement District No. 1, Avon, Colorado, for the 2009 Budget Year Mr. Wright presented a synopsis of the mill levies set for the various funds with a description of the revenues generated. Councilor Underwood moved to approve the above three resolutions; Councilor Carroll seconded the motion and it passed unanimously. OTHER BUSINESS Ron Wolfe, Mayor, presented and read the Veterans Day Proclamation. Mayor Pro Tem Sipes moved to approve up to a $1500 for the SDAT Application for the Eagle River Valley as part of the AIA Colorado West Chapter Program. The motion was seconded and passed. TOWN MANAGER REPORT Larry Brooks, Town Manager, presented an update to the snow dump site arrangement with the ERFPD. He noted that the Fire District has informed the town that it has received correspondence from Traer Creek stated the ERFPD use of that property would be jeopardized by allowing the town to use the site for dumping snow. The Town has responded by citing an alternative snow dump site, as E. Beaver Creek Blvd. In the meantime, the town has asked for something in writing from Traer creek supporting that statement. Eric Heidemann noted that the following items from community development will be presented in the near future: • Harry A. Nottingham Parks Master Plan on December agenda • Joint meeting with P&Z to discuss parcel in Wildridge on December agenda • Red house annexation is before P&Z as a public hearing and proposed to be on the agenda in January or February • Meetings have been held related to the unified land code project • Kelly Enright has been appointed to the historic preservation council Regular Council Meeting Page 3 of 4 08-11-11 Updates were presented by Larry Brooks on the Eaglebend Affordable Housing Project related to onsite improvements. TOWN ATTORNEY REPORT ✓ Traer Creek LLC vs Town of Avon: Mediation on the 5 year vested rights provision topic scheduled for Thursday, 11/13/08 ✓ Town of Avon vs TCMD: suit against metro district for non -payments to the town on various items; follow up action from TCMD has not yet been made. ✓ E. Beaver Creek Blvd Improvements & Agreements: TCMD asked town to defer the improvements, meeting setup on 11/20/08 to discuss the status of the project. ✓ Discussions have taken place about the water tank project ✓ Discussion related to Nottingham-Puder Ditch as described at the work session Mayor Wolfe noted that the Eagle County Open Space Advisory Committee recommended helping to fund the land trade transaction; the topic would go before the County commissioners on November 18th There being no further business to come before the Council, the meeting was adjourned at 8:15 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 4 of 4 08-11-11 MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD DECEMBER 2, 2008 A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, One Lake Street, Avon, Colorado in the Council Chambers. Mayor Ron Wolfe called the meeting to order at 5 PM. A roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Brian Sipes, and Tamra Underwood. Also present were Town Attorney Eric Heil, Town Manager Larry Brooks, Director Administrative Services Patty McKenny, Town Engineer Justin Hildreth, Assistant Town Manager Community Development Eric Heidemann, Police Chief Brian Kozak and Public Works and Transportation Director Jenny Strehler as well as members of the public. READING OF THE NAMES OF NEWLY ELECTED COUNCIL MEMBERS Patty McKenny, Town Clerk, read the names of council elect as Kristi Ferraro, Amy Phillips, Albert "Buz" Reynolds, Jr. SWEARING IN OF NEW COUNCIL MEMBERS Judge Buck Allen swore in the new Avon Town Council members. NOMINATE & ELECT A TEMPORARY CHAIRMAN Rich Carroll was selected as the Temporary Chairman to assist with the selection of Mayor and Mayor Pro Tern. NOMINATE & ELECT MAYOR AND MAYOR PRO TEM Ron Wolfe was selected as Avon's New Mayor with a five to two vote as follows: In favor of Ron Wolfe: Carroll, Ferraro, Phillips, Sipes and Wolfe In Favor of Amy Phillips: Dantas and Reynolds Brian Sipes was selected as Avon's new Mayor Pro Tern with a four to two vote as follows: In favor of Brian Sipes: Carroll, Ferraro, Reynolds, Sipes In favor of Amy Phillips: Phillips In favor of Buz Reynolds: Dantas ROLL CALL OF NEW COUNCIL Mayor Ron Wolfe called the meeting to order and a roll call was taken and Council members present were Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian Sipes. RESOLUTIONS Mayor Wolfe read Resolution No. 08-49, Series of 2008, A Resolution in Appreciation of Tamra Nottingham Underwood's Years of Service. Council comments were heard with unanimous support of this resolution thanking Tamra Nottingham Underwood for her leadership and guidance during the past four years as Avon Town Council member. Mayor Wolfe asked for a motion on Resolution No. 08 - 50, Series of 2008, Resolution Reappointing C.G. Allen, III Municipal Judge. Councilor Phillips moved to approve Resolution No. 08-50; Councilor Carroll seconded the motion and it passed unanimously. TOWN MANAGER REPORT Larry Brooks, Town Manager, commented and submitted to Council a revised municipal services invoice to Traer Creek Metro District. Some discussion ensued on the breakdown of the invoice and how these monies were tracked. TOWN ATTORNEY REPORT Eric Heil provided updates to the suits pending with the Village at Avon owners and managers. He provided for the numerous deadlines related to the pending litigation. There being no further business to come before the Council, the meeting was adjourned at 5:35 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Town Clerk APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Regular Council Meeting Page 2 of 2 08-12-02 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town �Manager From: Dan Higgins 49"^ Date: 11 /17/08 Re: Service Agreement with Eagle River Fire Protection District Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Eagle River Fire Protection District for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Eagle River Fire Protection District. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this° day of/0" V. , 2008 by and between Eagle River Fire Protection District whose address is P.O. Box 7980, Avon Colorado, 81620 (hereafter know as "ERFPD") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of ERFPD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the ERFPD vehicles and equipment. Service will be performed on approximately 36 vehicles or other equipment, although the number of vehicles and equipment serviced may be increased or decreased in ERFPD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ERFPD ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless ERFPD has approved of such charges. Services may be commenced with verbal approval by ERFPD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ERFPD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ERFPD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10t of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by ERFPD. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by ERFPD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ERFPD to its employees. Contractor shall provide ERFPD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ERFPD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this✓�0 day of I v n , 2008. Eagle istrict By: EXECUTED this TOWN OF AVON By: day of , 2008. WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 3,000 miles or 250, 500 hours RATE $105.00 hr. Plus parts sublet every 12months $105.00 hr. 750, 1000 hours Plus parts NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008. sublet .. W 0 a 11/05/2008 11:35 cg 0 a. W ce Q W Z O oC M � Zcg O m LL Z 0 F•1 W 0 O (01 z W a. M 0' W TOWN OF AVON 0. 0 M CO O O o. 0 0 0 O CL 0 IL I -I 0 0 J 0 O • O U .. o 0 Q M N N N N M im CL' 001 0 CD S.00 o °'NN 1 1 .• \i .\i Q .. M M 11 • M M 0 0 0 W J0 r1 .. .-1 m 8 DEPARTMENT 00 0 0 0 0 J 2 0 D! 0 m co N \ J in N C SERIAL NUMBER DESCRIPTION w UIPMENT # W DEPARTMENT: 01 -AD / EAGLE RIVER FIRE PROTECTION DISTRICT-Admimistration 1GNDT13WXWK224749 X W K224749 1998 chevrolet BLAZER 1G1Z]57B28F195948 2008 CHEVROLET Malibu 1GNFK130X8R202218 2008 CHEVROLET TAHOE M o M N Tr a r1 r1 r1 Total Depreciated Value: 0.00 Total Cost to Acquire: 77,164.01 Distinct Count of Equipment: 3 DEPARTMENT: 01 -ER / EAGLE RIVER FIRE PROTECTION DISTRICT -Emergency Response 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000000000 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000001000000000000000 O 000000.0000000000000-I 0 0 0 0 0 0 0 .. o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 In OZ O CO O 00 O O O O N O O O CD 03 Tr O M M 1-1 .-1-1M O CO N CO P0'1 11'I N 10 P'I M M m 00 1!1 -1 0 0 0 0 .. N O1 CO M CO N N CO CO N N In 0000000 0 0 0 0 01 01 0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 0 0 0 01 01 0 01 0 0 0 0 0 0 0 0 0 0 0 0 N N .I N N N ,-1 .-I N .-I N N N N N N N N N N N N \ \ \ \ \ \ \ \ N \ \ \ \ \ \ \ \ \ \ \ \ \ N N O M M .I 01 N N O M 0 .I .I 0 N N M 01 .I 0 N N N O M O O N N N O N N O O O O O M O O O .. .I H 0 M 0 0 .1 CO0 M 0 M 0 0 0 co co 00 M 0 N N 1 1 .. .. O O O O O O O O O O O O O O O O O .. .. O < <<<<<< <<<<<<<<<<<<<<< w • w w w w w w w w w w w w w w w w w w w w w 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 an • f W S N m w 01 a m Q a Z 0. O. a a a 0. O 0 0 1D f rn 0 In f o n d EE EE Ea E o o Q LL LL LL Q W 7 LL 10 W LL N LL 0) ) 0) 61 OJ LL y LL LL Q Q Q N H 01 Q 11, F- Q 01 Q- I- F- F- H Q F a Q 2 4P1CTO2S9YA000935 2000 PIERCE QUANTUM 4P1CTO2SOYA000936 2000 PIERCE QUANTUM 1P9CTO1D21A040331 1988 PIERCE DASH-2DR. 1FDXF47F3XEB37439 1999 FORD F450/PIERC 4P1CT02S61A001708 2001 PIERCE QUANTUM 1FDAX57F82EC50563 2002 FORD F-550 1FV6TMDB6XHA41448 1998 PIERCE FL112-TANK 1GBHK33F1WF062189 1998 chevrolet 3500 4DR 0 .-I N M 01 7 N N .. .. .. .. .. N N N 4P1CT02HX3A003274 2003 PIERCE QUANTUM 16HPB1424WU011442 1998 HAULMARK K714BT-WT 4P1CDO1H76A005812 2006 PIERCE DASH 1GNFK13037R223541 2007 CHEVROLET TAHOE .. 2007 CHEVROLET K2500 HD 1FDAX57P87EB47966 2007 FORD F-550 1GNFK130X71401864 2007 CHEVROLET TAHOE 4P1CD01H97A007515 2007 PIERCE DASH 4P1CDO1H07A007516 2007 PIERCE DASH 3GNGK26K08G215700 2008 CHEVROLET SUBURBAN 2008 PIERCE QUANTUM 1985 PIERCE DASH 1HTSEAAN1VH402101 1996 INTERNATIO 4900 CREW .. .. O 0 0 N CI .. .~-I M a 1!1 10 N coO 01 .. 10 .-1 N LL M M C•1 M M M M M f•9 7 o N in Total Depreciated Value: 0.00 Total Cost to Acquire: 4,416,515.53 Distinct Count of Equipment: 22 DEPARTMENT: 01 -FP / EAGLE RIVER FIRE PROTECTION DISTRICT -Fire Prevention O O O O O O 000 0 00 0 0 0 000 000 N N N O O N 0 N 0, 0, 0 0 03/31/2008 LL LL LL 0 0 0 Y OTC ▪ r:1 Pt1 LL 0 Q 1D N 1GNEK13Z731319076 2003 chevrolet TAHOE 2CNDL23F456099517 2005 chevrolet EQUINOX 2CNDL63F286280384 2008 CHEVROLET EQUINOX CO N N M H r1 r1 Total Depreciated Value: 0.00 Total Cost to Acquire: 73,000.00 Distinct Count of Equipment: 3 DEPARTMENT: 01-T / EAGLE RIVER FIRE PROTECTION DISTRICT -Training N Q a TOWN OF AVON DATE: 11/05/2008 11:35 SORTED BY DEPARTMENT W 0 0 0 O 0 0 cc a O D LLI CL 0 0 0 0 0 0 CY 000 < in in in CL 00 CO N 0 N cy 0 0 0 W J O co O V~1I < < < DEPARTMENT H F _4 _4 - 0 0 0 w U, z U ¢ z z SERIAL NUMBER DESCRIPTION w UIPMENT # UJ 1GCHK29U33E308690 2003 chevrolet 2500HD 1GNFK130X8R204020 2008 CHEVROLET TAHOE 1GCHK29608E176691 2008 CHEVROLET K2500 HD O� N U1 N - V' .ti w w Total Depreciated Value: 0.00 Total Cost to Acquire: 94,000.00 Distinct Count of Equipment: 3 M w a 11/05/2008 11:35 ce O o. W eg J H Q p Z � W z O i% d c O W Z O M W in 5 U 'n H Z W o. a W TOWN OF AVON n 0 0 M Report Total Depreciated Value: 0.00 Report Total Cost to Acquire: 4,660,679.54 Total Distinct Count of Equipment: 31 DEPARTMENT ALL EQUIPMENT EQUIPMENT NUMBER RANGE: ALL YEARS MODEL YEAR RANGE: 0 0 0 0 o .4 0 0 0 PMENT COMPANY RANGE RANGE: PMENT DEPARTMENT RANGE: ALL CLASSES PMENT CLASS RANGE: 0 l7 O 0 0 0 z w Ili ylij 18 a O p a 1.1) f f m f u~i > 0 0 a < < < < a a 0 PMENT SHOP RANGE: PMENT SITE RANGE: W W W o z a IL 0 w 0' 0' w w z VI VI VI MAK: EQUIPMENT MAKE RANGE: MOD: EQUIPMENT MODEL RANGE: EBC: EQUIPMENT BILLING CODE RANGE: I EMG: MONITOR GROUP RANGE: STA: EQUIPMENT STATUS RANGE: EQUIPMENT USE CODE: Ui w Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins , Date: 11 /17/08 Re: Service Agreement with Eagle County Hazmat Team Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Eagle County Hazmat Team for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the service agreement with Eagle County Hazmat Team. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this 4i day of !AC«ir+5e-- , 2008 by and between Eagle County Hazmat Team whose address is P.O. Box 1388, Avon Colorado, 81620 (hereafter know as "ECHT") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of ECHT to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the ECHT vehicles and equipment. Service will be performed on approximately 1 vehicle and 3 trailers, although the number of vehicles and equipment serviced may be increased or decreased in ECHT's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ECHT ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless ECHT has approved of such charges. Services may be commenced with verbal approval by ECHT of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ECHT acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ECHT will pay Contractor the shop rate of $100.00 per hour ($105.00 per hour after December 31, 2008) for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10'h of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by ECHT. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by ECHT. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of November 13, 2008 and will terminate on December 31, 2009 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ECHT to its employees. Contractor shall provide ECHT an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ECHT, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this 61 day of ttenskcr , 2008. Eagle County Hazmat Team By: EXECUTED this day of , 2008. TOWN OF AVON By: WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 3,000 miles or 250, 500 hours every 12months 750, 1000 hours ($105.00 hr on 1/1/2009) RATE $100.00 hr. Plus parts & sublet $100.00 hr. ($105.00 hr on 1/1/2009) Plus parts & sublet Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins Date: 11/17/08 Re: Service Agreement with the Town of Redcliff Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town of Avon and the Town of Redcliff for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with the Town of Redcliff. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between the Town of Redcliff whose address is P.O. Box (hereafter know as "TOR") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of TOR to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of TOR vehicles and equipment. Service will be performed on approximately 1 vehicle and 1 piece of equipment, although the number of vehicles and equipment serviced may be increased or decreased in TOR's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by TOR ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless TOR has approved of such charges. Services may be commenced with verbal approval by TOR of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. TOR acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, TOR will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by TOR. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by TOR. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by TOR to its employees. Contractor shall provide TOR an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of TOR, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2008. Town of Redcliff By: EXECUTED this day of , 2008. TOWN OF AVON By: WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 3,000 miles or 250 hours every 12months NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008 RATE $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet _4 V V N — A m O 3 3 Q fo o o o o I-. F+ m O n O { ro cu 321330 NHOf OIIVN213INI cu N A m )IJn211 dWna O O N r N o o N O O 73 N O 0 a a m �o Q m N N f1 O 3 V N 0 0 D n rr m m rr -v m V ro ro V K 3 ro rf a ro V :punoj spuooab :epa;pJ LPJeas rn .0 C a CD rF sunsa)j yoaeas ICaoluanuI gams I(.IoIuanul 3uauldlnbg IAM bi:90:1 800Z/81/I I Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins J Date: 11 /17/08 Re: Service Agreement with Western Eagle County Ambulance District Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Western Eagle County Ambulance District for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Western Eagle County Ambulance District. Town Manager Comrcnts: SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between Western Eagle County Ambulance District whose address is P.O. Box 1809, Eagle, Colorado (hereafter know as "WECAD") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of WECAD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the Western Eagle County Ambulance vehicles. Service will be performed on approximately 6 vehicles, although the number of vehicles serviced may be increased or decreased in WECAD's sole discretion. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by WECAD. No payment for any repair or replacement work shall be due unless WECAD has approved of such charges. Services may be commenced with verbal approval by WECAD of a written estimate submitted by Contractor. Repair and Replacement work consists of the following types of work, including without limitation, transmissions repairs, engine repairs, rear end repairs and any work or repairs exceeding $2,000.00. WECAD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, WECAD will pay Contractor $105.00 per hour for repair and replacement work. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by WECAD. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by WECAD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 , and will terminate on December 31, 2009 unless Contractor fails to substantially perform the duties and obligations in accordance herewith. In such an event, WECAD may terminate this Agreement upon seven (7) days written notice to the Contractor, unless Contractor cures the breach within the Seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by WECAD to its employees. Contractor shall provide WECAD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient end workmanlike manner. Contractor shall promptly correct any defective work. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of WECAD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2008. Western Eagle County Ambulance District By: EXECUTED this day of , 2008. TOWN OF AVON By: EXHIBIT A WORK FREQUENCY "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection 3,000 miles or 250 hours every 12months NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008 RATE $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet m m m m m m 0 0 rD a rt. 800AW 801AW 802AW 803AW 804AW 805AW EQ Number 0 0 0 0 0 0 EQ Co 0 0 0 0 0 0 NJ NJ NJ NJ NJ N -< 0 0 0 0 0 t0 ID 0 0 0 0 0 t0 Dl V W W W A t0 FORD FORD FORD FORD FORD CHEVROLET 3 Ili Jr N EXPEDITION EXPLORER E450 E450 E450 TAHOE Model 0000000 461-KXH 0000000 960-HOL 0000000 836-RKE License 0 0 0 0 0 0 Shop 3 > > A A A Class C co 0 co C C 9 :algema!A spJooab :punod spaooa� m :epauo yomas Company - 001 ACTIVE EQUIPMENT; Type - Department; Value - 16 Equipment Inventory Search Results gams £.Ioluanui 3uauldmbg IAid 80:90:I 800Z/81/I I Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins Cirt— Date: 11 /17/08 Re: Service Agreement with the Town of Minturn Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and the Town of Minturn for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Town of Minturn. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between the Town of Mintum whose address is P.O. Box 309, Mintum Colorado, 81645 (hereafter know as "TOM") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of TOM to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of TOM vehicles and equipment. Service will be performed on approximately 11 vehicles, although the number of vehicles and equipment serviced may be increased or decreased in TOM's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by TOM ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless TOM has approved of such charges. Services may be commenced with verbal approval by TOM of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. TOM acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, TOM will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by TOM. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by TOM. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by TOM to its employees. Contractor shall provide TOM an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of TOM, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2008. Town of Minturn By: EXECUTED this day of , 2008. TOWN OF AVON By: EXHIBIT A WORK FREQUENCY "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection 3,000 miles or 250 hours every 12months NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008 RATE $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet to VI ut ut ut 4..41 Vt VI ut V1 V1 v v rD r* —I 3 4.13 00 V 01 Vt A W NJ 4-• 4-• f• EQ Number 3 Z 3 3 3 3 3 3 3 3 3 A 9 3 o o C C 0 0 o o C 0 0 o 0 EQ Co 0 o C 0 0 0 0 o C C C o 0 NJ NJ NJ NJ NJ NJ NJ NJ NJ NJ NJ M• f• C C C 0 0 0 C C C C C W W C C o 0 o C C C o 0 0 W 00 -< I'D m CO Vt A A V 01 A C NJ 4-• In NJ VI i - < r9 -n O V -no rl !1 n 7C i 0 > O 0 0 0 0 Z 3 Z m Z 3 < 70 0 0 A 0 m /D m Z < 0 C, C'1 o n < < < Z m mm m 70 -, A O 70 0 0 - r 0 -I > m to m x -I -I rT -I M 0 Make - - t--, -n 0 0 V 0 M M < -I 0 Model W LO x > a d o 00 C 0 r > > > -4• C .n rT Z r r -. > no C'1 D D O I--i 0 1--i no N I'D m X Z Z VI '.0 4.O —I '.0 '.0 '.0 LO '.0 V 01 License V W V VI M V VI V O1 00 O1 VI D D I-• '.O C 3 00 W W A V '.O o G m -0 III I II> C > x > > > > > CO .• A < C'1 < < < < < m NJ 7C 7C 7C 7C 7C m 0000000000000 V1 S S 0 a = = = = r = = r r r r = = m 3 3 r -I A -I -I A N NJ A < < VI VI VI 0 VI VI C > > C 0 0 N rl rl -o -0 N N :aIgemaIn spJoDab :punod spioDab W :e!Ja;!JD LiiieaS Company - 001 ACTIVE EQUIPMENT; Type - Department; Value - 15 m C �. a 1"f s;lnsaj y»eas ICao1uanul gams i.Io1uanui ivauldlnba 'Aid 10:90:i 800Z/81/1 i Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins cor Date: 11 /17/08 Re: Service Agreement with Beaver Creek Metro District Public Works Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Beaver Creek Metro District Public Works for vehicle and equipment maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Beaver Creek Metro District. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between Beaver Creek Metropolitan District whose address is P.O. Box 2560, Edwards Colorado, 81632 (hereafter know as "BCMD") and the Town of Avon whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of BCMD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the BCMD Public Works vehicles and equipment. Service will be performed on approximately 24 vehicles and equipment, although the number of vehicles serviced may be increased or decreased in BCMD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by BCMD ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless BCMD has approved of such charges. Services may be commenced with verbal approval by BCMD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. BCMD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, BCMD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's Fueling Facilities may be used by BCMD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. Contractor's vehicle washing facility may be used by BCMD. Contact TOA for current wash rates. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by BCMD to its employees. Page 1 of 3 Contractor shall provide BCMD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of BCMD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2008. Beaver Creek Metropolitan District By: EXECUTED this day of , 2008. TOWN OF AVON By: Page 2 of 3 EXHIBIT A WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection FREQUENCY RATE 3,000 miles or 250 hours every 12months $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008. 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G VI C1 2 0 m - A 0 Cl CO r D 0 m C IA Z (D 1--1 .0 3C 0 0 C1 01 Cl -I 0 I NJ 0 V T W V1 0 T W V1 0 T W V1 0 T W N 0 Model -I m 3 -I m 3 Z \ > Z \ > 1 m 3 o 01 V 01 3 NJ Z \ D In 00 ►, 3 NJ Z > Z > < 3 0 - A NJ 1 m 3 -0 1 m 3 -0 1 m 3 -0 00 - 1-+ I T T -I m 3 -0 Z \ > Z \ > A A l0 I = M-1 01 01 0 I 72 -0 m M+ 00 NJ W 1-+ 1 m 3 1 m 3 1 m 3 1 m 3 License 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Shop = 3 V1 n r 1 0 = r = 3 N n = 3 N n = 1 0 = r = -I 0 = r = 3 N n = 3 N n = vi = 3 N n = 3 N n = 1 0 = in = co = 3 C1 = -I 1 -0 r -I 0 = -I = A -0 = A -0 = A -0 = A -0 -0 n r 01 1n in sz :amennam spaoDaa :punoj spJoDaa NJ 1s :eiaalpD UDaeas Company - 001 ACTIVE EQUIPMENT; Type - Department; Value - 12 sulnsab LIDJeas I(aoivanuI gams £IoluanuI Iuauldinbg I"Id IS:SO:I 800Z/81/II Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins Date: 11/17/08 Re: Service Agreement with Eagle County Ambulance District Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Eagle County Ambulance District for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Eagle County Ambulance District. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this aU'- day of 008 by and between Eagle County Ambulance District whose address is P.O. Box 990, Edwards, Colorado (herea er know as "ECAD") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of ECAD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the Eagle County Ambulance vehicles. Service will be performed on approximately 12 vehicles, although the number of vehicles serviced may be increased or decreased in ECAD's sole discretion. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ECAD. No payment for any repair or replacement work shall be due unless ECAD has approved of such charges. Services may be commenced with verbal approval by ECAD of a written estimate submitted by Contractor. Repair and Replacement work consists of the following types of work, including without limitation, transmissions repairs, engine repairs, rear end repairs and any work or repairs exceeding $2,000.00. ECAD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ECAD will pay Contractor $105.00 per hour for repair and replacement work. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10'h of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by ECAD. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by ECAD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless Contractor fails to substantially perform the duties and obligations in accordance herewith. In such an event, ECAD may terminate this Agreement upon seven (7) days written notice to the Contractor, unless Contractor cures the breach within the Seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ECAD to its employees. Contractor shall provide ECAD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient end workmanlike manner. Contractor shall promptly correct any defective work. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ECAD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this klay o (2008. Eagle C ' ty A . ulanc District By: EXECUTED this day of , 2008. TOWN OF AVON By: WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 3,000 miles or 250 hours every 12months NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008. RATE $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet 0 0 0 0 0 0 0 0 0 0 0 0 O 'O0 M I— -C 2 V 00 01 V 00 In -4 00 A -4 00 W V 00 N V 00 r V -4 00 V 0 t0 -4 V 00 -4 V -4 -4 V O1 EQ Number O 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 0 0 0 0 m p n 0 M t0 t0 O N 0 C V1 NJ 0 0 W NJ 0 0 -4 N 0 0 V N 0 0 V NJ 0 0 A NJ N 0 0.0. 0 ® W 4- N 0 C N NJ 0 0 O1 NJ 0 O V -< (0 N 9 -1 O M v T1 0 70 0 T 0 A 0 T 0 70 0 T 0 73 v -1 0 70 v T 0 70 v T -n 0 0 73 m v O T 0 70 v -n 0 73 v T 0 70 0 3 0J 7c (D n X r O M 'A m w to 0 m W In 0 m W to 0 m W to O m W to 0 m W Ir 0 m` W\ to K 0 ]` 6 m X v m O -I —I H 0 z m X v r 0I 77 m 77 m X v m O —1 N 0 2 Model m 3 1 N r - U O 0 NJ N 000000 z 70 Cl 00 V .+ a+ I- 7O 01 V V v < X 00 •--• N 70 X A 00 -. o-+ 70 X 70 00 V al r X X t0 ►. 0 MO. v I ti "r'j = C'3 3 ta. r O1 CO n 3 -< W A t0 z co X t0 00 to 0 < X I- n fD 7 to (D 0 0 0 0 0 O 0 0 0 0 0 0 J 0 13 > A 3 C co > 3 W > 3 W > 3 Co > 3 Co > 3 Co > r 3 A CO C r A C r A C r A C n .-. 01 N N :punod spJooab :epalPD LpieeS Company - 001 ACTIVE EQUIPMENT; Type - Department; Value - 10 Equipment Inventory Search rD uI C uI Equipment Inventory Search IAId 8S:bZ:£ 800Z/0£/Oi Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins ,Or Date: 11 /17/08 Re: Service Agreement with Greater Eagle Fire Protection District Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Greater Eagle Fire Protection District for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the service agreement with Greater Eagle Fire Protection District. It is considered an Intergovernmental Agreement and according to our Town Charter, 16.2, it must be approved by a 2/3 vote of the Town Council. Town Manager Comments: SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between Greater Eagle Fire Protection District whose address is P.O. Box 961, Eagle Colorado, 81631 (hereafter know as "GEFPD") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of GEFPD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the GEFPD vehicles and equipment. Service will be performed on approximately 6 vehicles or other equipment, although the number of vehicles and equipment serviced may be increased or decreased in ERFPD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by GEFPD ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless GEFPD has approved of such charges. Services may be commenced with verbal approval by GEFPD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. GEFPD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, GEFPD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 101° of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by GEFPD. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by GEFPD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by GEFPD to its employees. Contractor shall provide GEFPD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of GEFPD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2008. Greater Eagle Fire Protection District By: EXECUTED this day of , 2008. TOWN OF AVON By: WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 3,000 miles or 250 hours every 12months NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008 RATE $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet LO to to to to to t0 Dept mW N N .+ .+ .+ EQ Number T N1 40. 0 cn A NJ MMM MM rn v O 0 0 0 0 0 O EQ Co N .+ — N N N N � 0 4O tD 4O tD 0 '.0 ID o to tD V t0 0 tD 01 CO tD V tD 4.41 W 00 1 - -0 -0 T -O -n -n 3 .-1 . , o .-1 O O Cu rn rn A m 70 A 71/4- 77 70 O 70 O v In n n m m m N - O N 1- to T T IModel > D1 tD 01 A v+ to c o c to LA = rD o N C 0 0 z W . . — — . ..... tD tD tD t0 I-- D. -I t0 tD tD tD n O N - - M m -< -< -< -< vii 70 3 3 3 3 M 0 0 0 0 0 0 0 IShop 3 r 2 2 2 r r (Class VI 1 -0 -I I-' L :algeMain spaooaa :punoj scuooaa :epa;p3 yDJeas V n 0 0 1 a .r rn rn 14.41 v rn z -i 3 a a rt s unsay yvaeas AJo1uanuI TAT.' /7:OA:T 011117/0 T IT T r Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Dan Higgins Date: 11/17/08 Re: Service Agreement with Eagle River Water & Sanitation District Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and Eagle River Water & Sanitation District for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Eagle River Water & Sanitation District. Town Manager Comme1ts: SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between Eagle River Water & Sanitation District whose address is 846 Forest Road, Vail Colorado, 81657 (hereafter know as "ERW&SD") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of ERW&SD to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the ERW&SD vehicles and equipment. Service will be performed on approximately 68 vehicles and 22 pieces of equipment, although the number of vehicles and equipment serviced may be increased or decreased in ERW&SD's sole discretion; provided, the combined number of vehicles and equipment shall not exceed 100 without the approval of Contractor. Routine Maintenance will be performed at least every 6,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by ERW&SD ("Repair and Replacement"). No payment for any Repair and Replacement shall be due unless ERW&SD has approved of such charges. Services may be commenced with verbal approval by ERW&SD of a written estimate submitted by Contractor. Repair and Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and any other work or repairs exceeding $2,000.00. ERW&SD acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that its facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, ERW&SD will pay Contractor the shop rate of $105.00 per hour for Routine Maintenance and Repair and Replacement. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10'" of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by ERW&SD. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by ERW&SD. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless either party fails to substantially perform the duties and obligations in accordance herewith. In such an event, the other party may terminate this Agreement upon seven (7) days written notice to that party, unless that party cures the breach within the seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by ERW&SD to its employees. Contractor shall provide ERW&SD an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of ERW&SD, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2008. Eagle River Water & Sanitation District By: EXECUTED this day of , 2008. TOWN OF AVON By: WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 6,000 miles or 250 hours every 12months NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008. RATE $105.00 hr. Plus parts & sublet $105.00 hr. 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Background: The Town of Avon operates fleet maintenance out of its Swift Gulch facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with neighboring districts. One of our goals is to secure more third party revenue to help reduce the subsidy of our operation. Discussion: Attached is a one-year service agreement for 2009 between the Town and the Vail Valley Foundation for vehicle maintenance. Financial Implications: The agreement contains our standard price of $105.00/hour for routine and preventive maintenance as well as repair and replacement. Recommendation: Staff recommends approval of the one-year service agreement with Vail Valley Foundation. Town Manager Comme SERVICE AGREEMENT This agreement is made and entered into this day of , 2008 by and between the Vail Valley Foundation whose address is P.O. Box 309, Vail, Colorado 81658 (hereafter know as "WF") and the Town of Avon whose address is P.O. Box 975, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor"). RECITAL In consideration of the obligation of WF to pay the Contractor as herein provided and in consideration of the other terms and conditions hereof, the parties agree as follows: 1. Contractor Services: Contractor will, during the term of this Agreement, provide: (a) Routine maintenance and preventive maintenance ("Routine Maintenance") of the Vail Valley Foundation vehicles. Service will be performed on approximately 1 vehicle, although the number of vehicles serviced may be increased or decreased in WF's sole discretion. Routine Maintenance will be performed at least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services outlined in Exhibit A attached hereto. (b) Repair and replacement work as requested by WE. No payment for any repair or replacement work shall be due unless WE has approved of such charges. Services may be commenced with verbal approval by WF of a written estimate submitted by Contractor. Repair and Replacement work consists of the following types of work, including without limitation, transmissions repairs, engine repairs, rear end repairs and any work or repairs exceeding $2,000.00. WF acknowledges that subcontractors will perform certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will be performed promptly and in accordance with the terms and conditions of this Agreement. (collectively the "Services") 2. Facilities: Contractor represents that it's facilities are in good repair and adequately equipped and that it has a sufficient staff to perform all work in a timely manner. 3. Compensation: In consideration of Contractor's services during the term of this Agreement, WE will pay Contractor $105.00 per hour for repair and replacement work. Materials and sublet work shall be charged at cost plus ten percent. Invoice shall be issued by the 10th of each month for services performed the previous month. Payment shall be remitted within ten (10) days of receipt of invoice. Contractor's washing facilities may be used by WF. Contact TOA for current wash rates. Contractor's Fueling Facilities may be used by WF. The cost of Unleaded Gasoline and Diesel Fuel will be at the Contractor's cost plus ten percent. 4. Terms and Termination: This Agreement will be effective as of January 1, 2009 and will terminate on December 31, 2009 unless Contractor fails to substantially perform the duties and obligations in accordance herewith. In such an event, WF may terminate this Agreement upon seven (7) days written notice to the Contractor, unless Contractor cures the breach within the Seven (7) day remedy period. Either party may terminate this Agreement without cause upon 30 Days written notice. 5. Relationships and Taxes: The relationship between the parties is that of independent contracting parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party as creating a relationship of principal and agent or partnership, or of a joint venture between the parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the Federal Social Security Act. Contractor is not entitled to unemployment compensation or other employment related benefits, which are otherwise made available by WF to its employees. Contractor shall provide WF an original of its Form W-9 (Request for Taxpayer Identification Number of Certification). 6. Warranty: Contractor shall perform all Services in a prompt, efficient end workmanlike manner. Contractor shall promptly correct any defective work. 7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be assigned to any third party without the expressed written consent of WF, and any attempt to do so shall render this Agreement null and void and no effect as respects the assignee (s) and shall constitute an event of default by Contractor. 8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any right or power hereunder at any time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors in interest, and legal representatives except as otherwise herein expressly provided. 10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 11. Modification: This Agreement contains the entire agreement between the parties, and no agreement shall be effective to change, modify, or terminate in whole or in part unless such agreement is in writing and duly signed by the party against whom enforcement of such change, modification, or termination is sought. EXECUTED this day of , 2008. Vail Valley Foundation By: EXECUTED this day of , 2008. TOWN OF AVON By: WORK "A" PM Preventive Maintenance Inspection "Annual" Preventive Maintenance Inspection EXHIBIT A FREQUENCY 3,000 miles or 250 hours every 12months RATE $105.00 hr. Plus parts & sublet $105.00 hr. Plus parts & sublet NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of October 30, 2008 CO v ro v 3 CD m P z c 3 Q !D -I 0 m P n 0 N 0 0 -< to a T 0 A V 3 O! Jr N SNVb1Vbb31 3 0 O. N N tD A 0 I- I -1 I— _.. n to 7 in N O N S O 'O r n N V1 V1 :amemain spaoDall :punoj spiopab :epalpJ ypeaS Company - 001 ACTIVE EQUIPMENT; Type - Department; Value - 18 m C _J. .a a (D et suns 4DJeas AJo4uaituI llamas J.Io3uanul luauldmbg IAid OZ:90:I 800Z/81/I I HEART o1' the VALLEY Memo To: Honorable Mayor and Town Council Thu: Larry Brooks, Town Manager From: Brian Kozak, Chief of Police Date December 4, 2008 AVON COL OR A D0 Re: Second Reading of Amendment to Title 10 of the Avon Municipal Code (Ordinance #08-11) Introduction: Ordinance 08-11 amends Title 10 of the Avon Municipal Code. Background: The Town desires to establish an ordinance regulating parking to prevent congestion, allow for emergency vehicle access and allow commercial operations. Thus, there is a desire to establish a commercial core, where penalty assessments for parking violations are increased. In addition, the ordinance specifies enhanced penalties for non payment of parking citations in an effort to increase voluntary payment. Discussion: Approval of the Ordinance No 08-11 will clean up Chapter 10 and cause the following: • Establish a minimum penalty assessment of $15 for parking violations. • Establish a minimum penalty assessment of $35 for violations occurring in a designated commercial core, to deter long-term and skier parking. (Commercial core area map is attached and has been expanded based on comments from the 1st reading of the ordinance) • Establish a $35 late fee for violations that are not paid in twenty (20) days after the date of the issuance of the citation, to increase voluntary payment. • Establish an additional $50 default judgment fee if the violation is not paid within sixty (60) days, to recover the cost of fine management and collection. Prior to this fee being assessed the Court will send a warning letter to the registered vehicle owner. • Establish a procedure to require the Court to notify the registered vehicle owner of default judgments. • Establish a procedure for parking violation hearings, if requested by the defendant. • Allow the Police Department to tow or boot repeat violators who have two (2) or more outstanding and unpaid violations. • Allow the Police Department to recover the cost of booting a vehicle, which is designated at $75. (The PD completed a survey of 15 municipalities — most charged $25 and the highest fee was in Aspen at $80 for a boot removal fee) • Allow the Court to designate a commercial core area • Establish guidelines for issuing of parking citations • Permit the Court to collect a $10 fee from a property owner who requests that a parking citation be issued and then later dismissed. • Clean up the chapter by placing all penalty requirements into one section. • Based on recommendations from the 1st reading section 10.10.060 was added to address the double parking issue. Recommendation: Staff recommends adoption of Ordinance 08-11 as written. Recommended Motion: I move to adopt Ordinance 08-11, an ordinance amending Title 10 of the Avon Municipal Code. Town Manager Comments: Attachments: Exhibit A: Ordinance No 08-11 Exhibit B: Map of the commercial core area TOWN OF AVON, COLORADO ORDINANCE NO. 08-11 SERIES OF 2008 AN ORDINANCE AMENDING TITLE 10 OF THE AVON MUNICIPAL CODE TO ENACT A SCHEDULE OF FINES FOR PARKING VIOLATIONS, ENACT AUTHORITY TO BOOT AND IMPOUND VEHICLES WITH PARKING VIOLATIONS, AND ESTABLISH A COMMERCIAL CORE FOR INCREASED PARKING FINES WHEREAS, pursuant to § 31-15-103, et. seq., C.R.S., and the home rule powers of the Town of Avon (the "Town"), the Town Council has the power to adopt ordinances for promotion and preservation of public health, safety, and welfare; and WHEREAS, pursuant to § 31-15-702(1)(a)(VII), et. seq., C.R.S., and the home rule powers of the Town, the Town Council has the authority to regulate traffic upon the streets within the Town; and WHEREAS, the Town has previously adopted Title 10 of the Municipal Code for the Town of Avon (the "Code") concerning the regulation of vehicles and traffic; and WHEREAS, the Town Council desires to designate a commercial core ("Commercial Core") as the area of town where significant commercial activity occurs; and WHEREAS, the Town Council finds that vehicles parked in violation of official posted signs providing notice of stopping or standing restrictions or prohibitions potentially endanger the safety of citizens and impede the efficient movement of traffic; and WHEREAS, the Town Council recognizes that the Commercial Core area of Avon have more vehicle traffic and that illegally parked vehicles increase congestion, interfere with commercial activity, inhibit emergency vehicle access, impede pedestrian movement and have a greater negative impact to public and safety and economic health of the community; and WHEREAS, such illegally parked vehicles also cause or risk causing a negative impact on the commercial operations of the Commercial Core; and WHEREAS, the Town Council desires to proscribe the negative effects of illegally parked vehicles within the Town by establishing penalty assessments for parking violations; and WHEREAS, the Town Council desires to proscribe the negative or potentially negative impacts of illegally parked vehicles on the commercial operations of the Commercial Core by the imposition of increased penalty assessments for parking violations within the Commercial Core; and WHEREAS, the Town Council desires to amend Title 10 of the Code by defining the Town's Commercial Core and by establishing penalty assessments for parking violations; and WHEREAS, the Town Council finds that the passage of this Ordinance will promote and preserve the health, safety and welfare of the Avon community. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Re ' ealed and Reenacted. Chapter 10.04.040 of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: 10.04.040 Violation — penalty. The following penalties shall apply to this Title 10: (1) It is unlawful for any person to violate any provision adopted in Title 10 of the Municipal Code for the Town of Avon. (2) Any person violating any provision of this Title 10 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06, or where punishment by a fine is not set forth in Chapter 10.06, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished in accordance with the provisions of Section 1.08.010 of this Code. (3) The Municipal Court reserves the authority to order a schedule of fines in accordance with Colorado Municipal Court Rules of Procedure Rule 210(b)(5) provided that such schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06. (4) In the event that a Complaint is signed by the owner, tenant or person in possession of the private parking lot or property under Section 10.04.060 and then such person subsequently withdraws the Complaint, the Municipal Court may charge a ten dollar ($10.00) fee. Section 2. Enacted. Chapter 10.06 of the Municipal Code for the Town of Avon is hereby enacted to read as follows: Chapter 10.06 Fines for Violations 10.06.010 Schedule of fines. (a) The fines listed in the following schedule are the minimum fines that may be imposed for violations of the Sections of the Avon Municipal Code or Adopted Model Traffic Code for Colorado Municipalities listed therein. Any vehicle parked in violation of a Town ordinance or other provision of this Code other than those in the following schedule shall cause the person or persons liable for the Page 2 of 9 Parking Violations Ord v8 12-4-08 violation to be assessed a minimum fine of fifteen dollars ($15.00). (b) Schedule of fines if paid by twenty (20) days after the date of issuance of the citation: Code Description Sanction Unlawful parking on private parking lots; violation of 10.04.060 posted signs (anywhere in Town) $35 Unlawful parking in restricted 10.08.020 use area (anywhere in Town) $35 10.10.060 Double Parking $35 Emergency lane parking 10.12.060 (anywhere in Town) $35 MTC Parking on the main -traveled 1202 portion of the roadway Or (non -Commercial Core area) $15 10.14.010 (Commercial Core) $35 Stopping, Standing, or Parking MTC prohibited in specified places. 1204 (non -Commercial Core area) $15 (Commercial Core) $35 Where permitted, parking with right-hand wheels in excess of MTC 12 inches from curb 1205 (non -Commercial Core area) $15 (Commercial Core) $35 MTC 1208 Or Disabled Parking 10.16.010 (anywhere in Town) $100 10.06.020 Automatic fine increase. The amount of a fine set forth in 10.06.10 (b) shall automatically increase by thirty-five dollars ($35.00) if not paid by twenty (20) days after the date of the issuance of the citation. The date of payment for this Section 10.06.020 shall be Page 3 of 9 Parking Violations Ord v8 12-4-08 the date the payment is delivered to the Municipal Court or, if mailed, the date the payment is postmarked if properly addressed to the Municipal Court. 10.06.030 Default judgment; Fee. If the fine has not been paid by sixty (60) days after the date of the issuance of the citation and the defendant has not requested a court hearing on the citation, a default judgment shall be automatically entered and a fee of fifty dollars ($50.00) shall be added to the fme amount. The date of payment for this Section 10.06.030 shall be the date that payment is actually received by the Municipal Court. 10.06.040 Mailed notice of default judgment. The Town shall send a mailed notice of the entry of a default judgment for the parking citation to the registered owner of the vehicle within five (5) business days of the entry of the default judgment. The Town's failure to provide such notice shall not render the Town liable for booting, towing or impounding vehicles for outstanding and unpaid parking citations in accordance with the provisions of Chapter 10.10. 10.06.50 Calculation of time. If the last day is a Saturday, Sunday or Legal Holiday, then the applicable day shall the next day that is not a Saturday, Sunday, or Legal Holiday. Section 3. Repealed and Reenacted. Chapter 10.08.080 Violation — penalty of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: 10.08.080 Violation — penalty. Any person violating any provision of this Chapter 10.08 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06 and shall also be subject to restitution for any property damage resulting from violation of this Chapter. Section 4. Enacted. Chapter 10.10 of the Municipal Code for the Town of Avon is hereby enacted to read as follows: Chapter 10.10 General Parking Regulations 10.10.010 Parking Violation Notice; Issuance. (a) A copy of the citation for unlawful parking need not be personally served upon the owner or operator of the vehicle but may be served by attaching a copy Page 4 of 9 Parking Violations Ord v8 12-4-08 of such notice or citation to the vehicle. Citations may be issued by Police Officers, a municipally hired police parking monitor or authorized private contractor approved by the Chief of Police. (b) The citation shall include the date, time, and location of the violation; the state license number of the vehicle unlawfully parked; reference to the Town ordinance or Code provision violated; a notice that (1) within twenty (20) calendar days after the date that the citation is issued the stated fine for the violation must be paid and received by the Town, (2) the fine amount shall automatically increase in accordance with 10.06.020 after twenty (20) calendar days, and (3) a request made for a hearing to the contest the alleged violation must be made and received by the Town by thirty (30) days after the date of the citation. (c) The citation, or copy thereof, shall constitute prima facie evidence of the parking infraction. (d) The Town may contract with a private person or entity for the collection of civil judgments in parking cases. 10.10.020 Request for hearing. The person or persons liable for the parking violation may request a hearing for consideration of the citation by one of the following methods: (a) By contacting the Town in person, by representation, by telephone, or by mail, within the thirty (30) calendar day period from the date on which the citation was issued and requesting a hearing to contest the alleged violation. A request for a hearing will be considered received by the Town if it is actually received by the Municipal Court within thirty (30) calendar days after the date the citation was issued. A request for a hearing made by telephone will be considered received the day it is made if it is received by a Municipal Court employee between the hours of eight (8:00) A.M. and five (5:00) P.M. of any day, except on Saturday, Sunday, or a Town holiday. (b) By appearing in person at the Municipal Court within the thirty (30) calendar day period from the date on which the citation was issued and requesting an initial appearance before a Hearing Officer to explain the circumstances of the alleged violation. 10.10.030 Parking violation hearings and trials. (a) A civil traffic hearing for a parking violation may be heard by the municipal judge pursuant to applicable State statutes and the Colorado Supreme Court Rules of Procedure in Traffic Violation Cases. The municipal judge may make such orders as may be necessary and proper to dispose of such cases, including reduction or increase of fine amounts notwithstanding the schedule of Page 5 of 9 Parking Violations Ord v8 12-4-08 fines set forth in Chapter 10.06. (b) The municipal judge at the initial appearance may accept the defendant's explanation and dismiss the citation or the municipal judge shall inform the defendant that the fine must be paid or a request must be made for a civil traffic hearing or trial to contest the alleged violation. (c) Failure to request a civil traffic hearing or trial for a parking violation will result in a default judgment for the amount of the civil sanction. 10.10.040 citations. Booting, towing and impoundment of vehicles for outstanding (a) Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion of a street or upon any place within this municipality in violation of the provisions of this Chapter, the Town may cause a boot to be placed upon the vehicle or may cause the vehicle to be towed and impounded if the registered owner of the vehicle has two (2) or more outstanding parking citations that have gone unpaid and have resulted in default judgments. (b) The Town shall cause the boot to be released upon payment of the outstanding parking citations and fees in addition to a seventy-five dollar ($75.00) booting charge. (c) If the boot is not released within 72 hours (which does not include the day the vehicle was booted, nor weekends or holidays), the officer shall require the vehicle to be removed or cause it to be removed and placed in storage in the nearest garage or other place of safety designated or maintained by this municipality in accordance with the impoundment provisions of Chapter 10.14. (d) The vehicle shall be released to the registered owner upon payment of the outstanding parking citations and the charges for towing and storage of the vehicle in addition to any impoundment charges. (e) Impoundment of vehicles for unpaid parking citation default judgments shall be in accordance with the authority and procedures for impoundment, notice and sale set forth in Chapter 10.14 Parking and Impoundment. 10.10.050 Commercial Core The Commercial Core of the Town of Avon shall include the streets, right-of- ways and areas of Town as approved by the Municipal Court by published order and prominently posted in a place where fines are to be paid. The Commercial Core area may be amended from time to time by the Municipal Court. Page 6 of 9 Parking Violations Ord v8 12-4-08 10.10.060 Double Parking Prohibited (a) No person shall park in a manner so as to occupy, or partially occupy, more than one designated parking stall area per vehicle. It shall be a defense to any violation that snow accumulations obscured parking stall designations or striping. (b) Any person violating any provision of this Chapter 10.12 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06. Section 5. Repealed and Reenacted. Chapter 10.12.060(b) of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: (b) Any person violating any provision of this Chapter 10.12 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06. Section 6. Enacted. Chapter 10.14 of the Municipal Code for the Town of Avon is hereby amended to enact Section 10.14.025 to read as follows: 10.14.25 Violation — penalty. Any person violating any provision of this Chapter 10.14 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06. Section 7. Repealed and Reenacted. Chapter 10.16.020 Violation - penalty of the Municipal Code for the Town of Avon is hereby repealed and re-enacted to read as follows: 10.16.020 Violation — penalty. Any person violating any provision of this Chapter 10.16 shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine set forth in Chapter 10.06. Section 8. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. Section 9. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and Page 7 of 9 Parking Violations Ord v8 12-4-08 each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 10. Effective Date. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 11. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right and for the enforcement of such penalty, liability, or right and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits or proceedings, or prosecutions imposing, inflicting or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings and appeals pending before any court or administrative tribunal. Section 13. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentional left blank — signature page follows] Page 8 of 9 Parking Violations Ord v8 12-4-08 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the day of , 2008, at the Council Chambers of the Avon Municipal Building, located at 400 Benchmark Road, Avon, Colorado, on the 11th day of November, 2008. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the — day of , 2008. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Page 9 of 9 Parking Violations Ord v8 12-4-08 a021R1 Far "Inv Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer..., .. a Shane Pegram, Engineer II Date: December 1, 2008 Re: Resolution No. 08-51, Approving the Final Plat, A Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado (5351 Ferret Lane) Summary: The applicant, David Forenza, owner of a duplex structure at 5351 Ferret Lane, has submitted a Final Plat to resubdivide Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This Final Plat resubdivides the existing Lot 69, Block 4, Wildridge into two distinct lots, Lot 69A and Lot 69B, and creates an access easement across Lot 69B for the benefit of Lot 69A. The party wall agreement and declarations have been referred to the Town Attorney, Eric Heil, and the Community Development department and all requested revisions have been made. The Final Plat is in conformance with Title 16 of the Avon Municipal Code, Subdivisions. Resolution 08-51 is attached as Exhibit A, and a copy of the Final Plat is attached as Exhibit B. Recommendation: Based on provisions of Chapter 16.48 and applicable sections of Title 16, Avon Municipal Code, staff recommends approval of Resolution No. 08-51, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Proposed Motion: I move to approve Resolution No. 08-51, Series of 2008, A Resolution Approving the Final Plat, A Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections identified by staff. Town Manager Comments: Exhibit A Resolution 08-51, Series of 2008 Exhibit B Final Plat, A Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado EXHIBIT A TOWN OF AVON RESOLUTION NO. 08 - 51 Series of 2008 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 69, BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, David Forenza has submitted a Final Plat for a Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, located at 5351 Ferret Lane; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be in conformance with all applicable sections of Title 16, Subdivision, of the Avon Municipal Code; and WHEREAS, the proposed resubdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat, A Resubdivision of Lot 69, Block 4, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2008. TOWN COUNCIL TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty Bierle-McKenny Town Clerk EXHIBIT B i i i /TOWN OF AVON BOUNDARY / / / / / / //// ////////////////// T5S "°°` µHIlE RIVER NATIONAL FOREST FND. PIN k CAP LS p447 LAND USE SUMMARY LOT AREA (ones) USE DWEL1)NG UNITS 69A 0.2478 AC Residential -1/2 Duple 7 698 0.2976 AC Re.Identlol-7/2 Duple I UBJECT SITE SEC. 35 WILDRIDGE SUBDIVISION SEC. 36 VICINITY MAP SCALE: 1"•'1000' ADDRESS 5351A FERRET LANE 53518 FERRET LANE FWD. PIN & CM LS 124869 LOT 70 9UILL NG\ i3 1� / / /mm / DRIVEWAY VTILITY le peNNAGE EASEMENT LOT 69A \ / \ o.xa6 AC. FINAL PLAT A RESUBDIVISION OF LOT 69, BLOCK 4, WILDRIDGE NOTES 7 Dote of Surety. 6/6/06 2 Ywwmentaton ao smo.n an drawing. 3 Basis of bearings e o IN. connecting found monuments the southwestbeing N29,18 Marking (os Mown~mid deeob.d hy Ike of Lot 69 erew). 4) Not.* According to Colorado low you must commence any Legal action based upon any defect N this survey within three )ears after you first decevar such d.feol In no vent, moy any action booed upon any defect in this survey be commenced more than ten years from the date of the certification Now hereon. 5) Land Title Guarantee Company Commitment No. VIT50019896 doted 9/15/07 was used for dl tit. information. 6) Prole.. Covenants are recorded at Reception No. 226436. 7) Access Easement is for the benefit of Lot 69A e) Per Avon Municipal Code Section 16.24.130 (6) h, the late created by this plot may not be sold w tlmeshorin9 units. 9) areaM11••t ehgllS1 mr9eyd,f � in�mimywRoprf of tit sflecutive dot.% fine an c terocL lobe proNded by the ewer o/ en* lot trod or parcel. O=69'21'22" R=45.00' L=54.47' T=31.13' C LEN=51.21' RG=N 59'42'32" W SLOPE MAINTENANCE. DRAINAGE & SNOW STORAGE EASEMENT \�` 10.0• y LOT 61 Owv V JAS. \ 10.O y \ 43O4 J O=17'45'54" R=150.00' L=46.51' T=23.44' C LEN=46.32' RG=N 54'32'14' W / fA661,f,N/T//` ) ////// -7Jh.AS/ 16.2D�Ct-. 11 ��( i• >/ LOT 698 0.2976 AC. UTILITY t DRAINAGE / 0, ILDNG EASEMENT 1SETBACN MD. FIN & CAP L.S. 15447 LOT 66 \ 41199 HIGHWAY 6 & 24. EAGLE-VAIL P.O. BOX 1230 EDWARDS. CO. 81632 970-949-1406 N 84 34 24 E I 10.0• 65.00 LOT 67 BUILDING SETBACK / FND. PIN t CAP LS /24669 EDGE DRIVEWAY MD. a REBAR LOT 68 0' 20' 40' 60' SCALE: 1" = 20' TOWN OF AVON, EAGLE COUNTY, COLORADO CERTIFICATION OF DECCATIOW AND ORNERSIP Know dl men by thou emote that Deere Faronso and Colorado Capitol Bank. being wet owner(*) in fn simple of dl that red property described oe fdlowc Lot 60, Block 4. Wgdrege. according to the plot thereof reloaded in Book 330 at Page 78, Reception No. 228467 N the office o1 the Eagle County. Colorado. Clerk and Records. containing 0.55 cars. more or Tess, has by these presents IoM out plotted and subdMded the some Into Lots w shown hereon and designate the same as Reubalveien of Lot 89. Block 4. Wildridg.. Town of Awn. County of Eools. Slots of Colorado and dedicate for public u the street* sheen herein including *venue*, drives. boulevard*. lanes. courts and alley. to the Town of Awn; and the utility and drainage easement* shown hereon for utility and drake. purposes only and do further stole that this subdivision shall be subject to the Prot.cTM CownontL fled and recorded for the SubdhleI n N the Office of the Clerk and Recorder of Eagle County, Colorado, w Document Numbs Executed the _ cloy of A.D. 2005. OWNER, Dow For.wo STATE OF Colorado) ra COUNTY OF Eagle) The foregoing Dedication woe acknowledged before m* this day of 2008 by Dave Forenra. My canmedan .xpker Witness my hand ands d Notary Public MORTGAGEE: Colorado Copilot Bank Adds= By. Home & iltic STATE OF Cdspdo) 55 COUNTY OF EAGLE The foregoing Dedication was acknowledged before me the day of 2008 by As of Colorado Capitol Bank. My commie. expires: Witness my hand and seal Notary Public SURVEYOR'S CERTIFICATE I, Michael 1. Post. do hereby certify thot Ian a Prof.,send Land Surveyor leans. under the lows of the Stole of Colorado. that this Plot is o ten., correct and complete Plot of 'A Reoubdh4.icn Of Lot 89. flock 4. Wnandge". as laid out plotted, dedicated and Nom hereon. that ouch Plot was mode from an accurate survey of said property by me and under my ouperveien and correatly Now. the location and dimensions at the lot., easement. and .Vento of SOW oubdlWen as the same wars staked upon the ground in compilance with applicable r.gulolens gowning the subdivision of land. All monuments were nt os rewind by 7h. SubdM.bn R.gulaticns of the Tom of Avon. In witness whereof I have set my hand and seal this _ day of AD, 2008. Michael 1 Peat Colorado PLS 30118 TORN CERTIFICATE ml. Plot Including vacolion of any lot INes. memento and rights of way. pr.Nously dedicated and not dedicated hereon. Is approved by the Town Council of the Tom of Awn. County of Eagle. Stole of Colorado this day of 2008• AD.. for &Ng with the Clerk ond Recorder of the County of Eagle and for conveyance to the Town of the public dsdicalbns shown hereon. the gams to seaweed* the prior Plot. ub).ct to the provision that approval in no way obligates the Town of Awn for financing or construction of Improvement. an lands. streets or easements dedicated except as .p.d Iodly Mall ddin noy way *bleat° see Town Council and o offurthfor maaNtenance of struts until construction of knprowmenle thereon .hall hove been competed to the ulbfoetlon of the Town Council. Approval of the plot by the Tom is consent only and is not to be oanWued as an apprised of the technical correctness of this plot or any document,. Mating thereto. WITNESS MY HAND AND SEAL OF THE TOWN OF AVON: TORN COUNCIL CF THE TOWN CF AVON By Moyer Attest: Tom Clerk 111LE INSURANCE COMPANY CERTIFICATE Land Ole Cusant.. Company do.. hereby certify that hem examined the the to di lands Nom upon this plot and thot title to ouch lands is vested N: Dace For.nro ire. and dear of on Ii.nc encumbrances, loxes and assessments except as follow.: Doted the day of AD, 2008. Lae the Covent« Company Ade.. 705 S Frontage Road West 3 Von. CO. 81557 By (Sipnoeure) (Print name and title) CER1W CATE OF TALES AND I. the undersigned. do hereby certify that the entire amount of taxes and oeeemnents due and payable as of upon all parcels of red ntot. described an the plot are paid in full. Dated this day of A.D. 2000. Treaanr of Eagle County CLERK AND RECORDER'S CERTIFICATE Thle Plot woe fled for record in the Office of the Clerk and Re:ador of _ o'clock - A.D. 2006 and e duly recorded as Reception Number Clerk and Recorder By Deputy Prolate Covenant* ors rewrded o* Reception No JOB NO. 3195 SHEET 1 OF 1 HEART the VALLEY Memo AVON COLORADO To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Gennett, AICP, Planning Manager P -14„„d. Date: December 9, 2008 Council Meeting Re: Resolution No. 08-52, Series of 2008, a Resolution Adopting a new Master Plan for the Harry A. Nottingham Park Summary: Staff is recommending the Town Council approve Resolution No. 08-52 thereby adopting the attached Master Plan for the Harry A. Nottingham Park (Exhibit A of Res. 08-52). Pedro Campos, on behalf of VAg, Inc. will present a brief PowerPoint presentation detailing the attached Master Plan document and Staff will be available to answer questions and provide further information if necessary. Background: A public process was embarked upon in February of 2008 to determine what modifications, if any, were needed to Harry A. Nottingham Park to ensure the park's highest and most beneficial use to the public as called for in the 2006 Town of Avon Comprehensive Plan. The public process began with a stakeholder group meeting to discuss potential changes and subsequently included numerous Public Meetings of both the Planning and Zoning Commission and Town Council. A survey was undertaken to acquire input from the citizens of the Town and to ascertain the most used areas in the park, the highest priority needs for improvements, and any desired features currently missing from the park. The Design Team, lead by Pedro Campos, Sherry Dorward, and members of the Town Staff, reviewed the comments made during the public review process and have produced materials to be assembled into a Draft Master Plan. The Draft Master Plan materials were presented to the Planning and Zoning Commission at their July 1st, July 15th, and August 19th, 2008 meetings. The Commission provided the Design Team with feedback on potential phasing, the need for specific improvements, and the timeframe for the proposed improvements; and directed staff to forward the document on to Council after making necessary revisions. Staff Recommendation: Staff recommends the Town Council approve Resolution No. 08-52, Series of 2008, including Exhibit A and as attached hereto. Town Manager Comments: Attachments: Resolution No. 08-52, Series of 2008 • Exhibit A (Master Plan for Harry A. Nottingham Park) TOWN OF AVON RESOLUTION NO. 08-52 SERIES OF 2008 A RESOLUTION ADOPTING THE MASTER PLAN FOR HARRY A. NOTTINGHAM PARK, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the 2006 Town of Avon Comprehensive Plan Policy I.1.6 states the following: "Conduct a master plan study of Nottingham Park so that potential program enhancements can be identified to better activate and enhance the park as Avon's primary recreational and cultural center"; and WHEREAS, the 2006 Town of Avon Comprehensive Plan Implementation Matrix (K.) lists the "Nottingham Park District Plan" as a priority project to be implemented; and WHEREAS, the Town of Avon sent out Requests for Proposals (RFPs) to conduct a master plan study of the Harry A. Nottingham Park in November of 2007 and awarded a contract to VAg, Inc, to do so upon determining their proposal to be the most qualified among the group of submittals received; and WHEREAS, commencing in February of 2008, the Town of Avon embarked upon a public process to create a new Master Plan for the Harry A. Nottingham Park; and WHEREAS, the Planning & Zoning Commission is appointed by the Town Council to make and recommend plans for the physical development of the Town, subject to the approval of the governing body; and WHEREAS, the Planning and Zoning Commission reviewed the Master Plan for the Harry A. Nottingham Park and forwarded it on to the Town Council for formal approval and adoption; and WHEREAS, the Town Council has reviewed the attached Master Plan for the Harry A. Nottingham Park (Exhibit A) prepared by VAg, Inc, and revised by Town Staff. NOW, THEREFORE, BE IT RESOLVED, that the Avon Town Council hereby approves and adopts the Master Plan for the Harry A. Nottingham Park as written and attached hereto (Exhibit A). ADOPTED THIS DAY OF DECEMBER, 2008 TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk TOWN OF AVON, COLORADO - V WORK SESSION MEETING FOR TUESDAY, DECEMBER 9, 2008 VON MEETING BEGINS AT 12 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RON WOLFE MAYOR PRO TEM BRIAN SIPES COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER NO. 2 BELOW ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH 12:00 PM —12:30 PM 1. EXECUTIVE SESSION pursuant to C.R.S. 24- 6- 402(4)(b), for the purpose of receiving legal advice from the Town Attorney, on specific legal questions related to the Village at Avon and pursuant to C.R.S. 24- 6- 402(4)(e) determining positions, developing strategies and instructing negotiators with regard to the Village at Avon 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 12:30 PM —12:45 PM 3. COUNCIL ORIENTATION DISCUSSION: CONFLICT OF INTEREST OVERVIEW (Eric Heil, Town Attorney) Overview of conflict of interest rules, guidelines and considerations 12:45 PM —1:15 PM 4. COUNCIL COMMITTEE AND STAFF UPDATES a. Eagle Vail Community Meetings Update (Kristi Ferraro, Councilor) Riverview Apartments renovation and the ULI study update b. Land Exchange Update (Ron Wolfe, Mayor) c. IronKids Triathlon Proposal (John Curutchet, Recreation Superintendent) Update on event's choice to use Avon's as its regional location to be held September 4, 5, 6, 2009 d. Allocation of PEG Funds (Scott Wright, Assistant Town Manager Finance) Review of request for funding from Public Access 5 Television for upgrades to system 1:15 PM — 2:15 PM 5. INCENTIVE POLICY / COMMUNITY REVITALIZATION (Scott Wright, Assistant Town Manager Finance, Anne Ricker, Leland Consulting Group) Review of final draft of proposed Incentive Policy and Guidelines for Public Sector Participation 2:15 PM — 3:15 PM 6. JOINT MEETING WITH PLANNING AND ZONING COMMISSION TO DISCUSS PRE APPLICATION FOR PARCEL IN WILDRIDGE (Matt Pielsticker, Planner II) Review of conceptual development options submitted by Philip Matsen for Tract B, Block 1, Wildridge Subdivision (immediately adjacent to the Fire House) 3:15 PM 7. ADJOURNMENT Avon Council Meeting.08.12.09 Page 1 of 5 1 VWIDNER MICHOW & COX- ATTORNEYS AT LAW MEMORANDUM TO: Honorable Mayor Wolfe and Town Council members CC: Larry Brooks, Town Manager FROM: Eric Heil, Town Attorney DATE: 12 -5 -08 SUBJECT: Conflict of Interest Overview INTRODUCTION: This memorandum provides an overview of conflict of interest rules, guidelines and considerations. Conflict of interest rules and guidelines apply to Town Council members as well as Town employees and members of Town boards and commission. This memorandum discusses general considerations, sources of conflict of interest laws, consequences of violations, and recommended best practices. GENERAL CONSIDERATIONS: Conflict of interest rules and guidelines are an integral safeguard in our system of democracy because they protect against abuse of governmental power. C.R.S. §24 -18- 103(1) states, "The holding of public office or employment is a public trust, created by the confidence which the electorate reposes in the integrity of local government officials, and employees. A local government official or employee shall carry out his duties for the benefit of the people of the state." The Avon municipal code sets forth a Declaration of Policy in Section 2.30.020, which states, "The proper operation of democratic government requires that public officers be independent, impartial and responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government." Two basic considerations for conflict of interest matters are whether the conduct is an actual conflict of interest and whether the conduct creates the appearance of impropriety. The latter consideration is important because often times conduct that does not constitute a clear conflict of interest for private financial gain can include other interests affecting the Town as well as the appearance that the interest of a public official is other than the public interest. Note that Avon Municipal Code section 2.30.060 Conflict of Interest December 5, 2008 Page 2 of 3 (8) states that a Town officer shall not, "Perform any official act under circumstances which give rise to appearance of impropriety on the part of the officer;" Ethical rules, statutes and guidelines should be treated as minimum standard, or floor, rather than the ceiling. Actions that are legal may not be ethical. Consultation with the Town Attorney is recommended when the application of conflict of interest rules and guidelines to a specific situation is uncertain. Public officials should always consider the appearance of their conduct as viewed in the harshest public light, not by their own standards of reasonableness. CONFLICT OF INTEREST LAWS: There are five areas in which conflict of interest laws arise, including: Colorado Constitution: Articles IV, §19; art 5, §40; Art. XI § §6 and 7. 2. Statutory Standards of Conduct: C.R.S. §24 -18 -101 et. seq., Code of Ethics, C.R.S. §24 -18 -201 et. seq. Proscribed Acts Related to Contracts and Claims, C.R.S. §31 -4- 404(2) and (3) Requirements and Compensation of Officers. 3. Criminal Code: §18 -8 -302 (criminal bribery), §18 -8 -304 (soliciting unlawful compensation), §18 -8 -303 (compensation for past official behavior); §18 -8 -305 (trading in public office); §18 -8 -308 (failure to disclose a conflict of interest). 4. Avon Municipal Code: Chapter 2.30 Town Code of Ethics 5. Common Law Doctrine of Conflict of Interest: Soon Ye Scott v. City of Englewood Avon Code of Ethics: Avon's Code of Ethics is more extensive than the Statutory Code of Ethics. The definition of financial interest tracks the statutory definition in C.R.S. §24 -18- 102(4) but also extends the definition to the interest of the public official's spouse and dependent children. The Town Code of Ethics proscribes conduct which gives rise to the appearance of impropriety and failure to disclose ex parte contacts. The latter two conflicts of interest are discussed in the Recommend Best Practices section below. The Avon Town Council determines if a conflict of interest exists. Council determines whether a conflict of interest exists for Council members and the Planning Commission determines whether a conflict of interest exists for Planning Commission members. PROCEDURES AND PENALTIES FOR VIOLATIONS: Avon's Code establishes the Town Council as having the primary responsibility for enforcement of the Town Code of Ethics. The Town Council may direct the Town Attorney to investigate and prosecute Widner Michow & Cox LLP Eric Heil, Esq., A.I.C.P. 13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392 Centennial, CO 80112 eheil@wmcattorneys.com Conflict of Interest December 5, 2008 Page 3 of 3 violations. Violations of the Town Code of Ethics are punishable by up to $1,000 and one year in jail for each offence. Independent of the Town's Code of Ethics, C.R.S. § 24 -18- 103(2) provides that the District Attorney may bring appropriate judicial proceedings on behalf of the people for a violation of the public trust. These proceedings may be in addition to any criminal proceedings. RECOMMENDED BEST PRACTICES: "Appearance of Impropriety" is a general and subjective term. Much like the definition of pornography, it is difficult to define, but one knows it when one sees it. Generally, the potential impropriety of conduct should be evaluated by how it may appear to the general public. Particular attention should be given to conduct which may appear to involve the use of governmental authority to provide an advantage or benefit for a financial or personal benefit that is not in the public interest and not available to general public. Ex Parte contact is contact by a public official concerning a matter subject to public hearing which contact occurs outside of that public hearing. Ex Parte contact can create a common law conflict of interest if such contact evidences a personal interest. Matters subject to public hearings are considered to be quasi - judicial and applicants are entitled to fair and impartial review by the decision makers. Although there is a presumption of integrity, honesty and impartiality in favor of those serving in quasi - judicial capacities, stating a position on a matter subject to a public hearing prior the hearing evidences personal interest and bias and will disqualify that person's vote. I recognize that inadvertent contact with members of the public can often occur when public officials are approached by interested citizens. Also, it may be viewed as impolite and inappropriate for a public official to not communicate with members of the public. A recommended appropriate response is to explain (1) the matter is subject to public hearing, (2) you are sitting in a judicial capacity by reviewing the application and must remain impartial, (3) you are not permitted to discuss the application or formulate an opinion before review all information at the hearing, (4) if you discuss the matter you may be disqualified from voting, and (5) information regarding the application and review procedures are available through the Town Hall. Inadvertent contacts and an explanatory response as to why the matter cannot be discussed do not constitute "ex parte" contact and do not need to be disclosed. However, any discussion of an application subject to a public hearing prior to the public hearing should be disclosed. Widner Michow & Cox LLP Eric Heil, Esq., A.I.C.P. 13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392 Centennial, CO 80112 eheil @wmcattorneys.com MEMORANDUM To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: John Curutchet — Recreation Programs Superintendent t Danita Chirichillo — Special Events Supervisor Meryl Jacobs — Director of Recreation and Cultural Services Date: December 9, 2008 Re: IronKids Triathlon Summary: Staff is pleased to announce that the Town of Avon has been chosen to host one of eight regional triathlons scheduled for September 4 — 6, 2009. The race will take place on Sunday, September 6 with additional activities planned for September 4th and 5th Discussion: The recreation staff has started discussions regarding the operations, selling, marketing and promoting of the event with the IronKids Director. The Westin Riverfront Resort & Spa will be the host hotel for the event weekend. IronKids Avon, Colorado is targeting 800 youth athletes participating in one of three lengths depending on age. Category Age Swim Bike Run Junior 6-8 50 yards 2 mile 500 yards Intermediate 9-11 150 yards 4 mile 1 mile Senior 12-14 300 yards 8 mile 2 miles Financial Implications: The $9,500'rights fee to host a regional event is currently in the 2009 budget. Staff will work towards recouping any additional operating costs through sponsorship. Additional funds have been requested to support operations through the Holy Cross Community Enhancement Program. Town Manager Comments: Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Director Date: December 3, 2008 Re: Allocation of PEG Funds History Due to the 1984 Cable Franchise Policy and Communications Act, US cable companies are required to fund local organizations to provide training and access to media technology and cable distribution on the local cable systems. This legislation was intended to enrich communities with the opportunity to produce community - initiated programming and address local issues and concerns on the electronic medium. In its conception, public- access television pertained only to the cable television technology of the times, but many public- access organizations now include television, radio and the internet within the spectrum of communications. Public- access television is one type of PEG access, short for Public, Educational, and Governmental, the three traditional structures of access within a municipality. Through the Town's franchise agreement with Comcast, a $0.50 charge to be utilized solely for PEG access equipment and facilities is collected and remitted to the Town quarterly. For 2008, the Town has estimated in its budget that it will receive /$10,000 in PEG access charges. Public Access 5 Attached to this memo is a funding request from JX Perry, General Manager of Public Access 5, for an allocation of funding of the PEG fees collected by the Town for 2008 in the amount of $10,000. The funds requested are to be used to reimburse Public Access 5 for the cost of the installation of fiber optic cable from their location to Comcast in the amount of $8,100 and $2,900 to assist in the purchase of new cameras for filming Town Council and other meetings. Page 1 Financial Implications: A budget appropriation in the amount of $10,000 is included in the Community Relations program in the General Fund budget for PEG fee expenditures. Recommendation: Staff recommends approval of the above request by approving Resolution No. 08 -53. Town Mana er Comment . Attachments: A — Letter of Request from Public Access 5 B — Attached documentation C —Resolution No. 08 -53 • Page 2 J.K. Perry PO Box 5600 Avon, CO 81620 October 7, 2008 Avon Town Council PO Box 975 Avon, CO 81620 Dear Council Members: Thank you for your continued support of Public Access 5. In the past year we've made great strides in increasing local programs while decreasing outside programs. We will continue to work hard to improve Public Access 5 so that it accurately reflects the community we serve. It became apparent several months ago that the equipment and wire we used to send our signal to Comcast was dilapidated and outdated, which resulted in inferior video and audio compared to other local stations. We have since installed a fiber optic cable from our location to Comcast and invested in the equipment necessary to transmit the signal. If you've watched Public Access 5 recently, you've probably noticed the image and sound are much clearer. This improvement has made it easier for viewers to both watch and hear our station. It also puts us on par with the two local commercial stations and ecoTV. The total cost to install the wire and purchase the equipment came to $8,100. We ask that the Council please disperse the approximately $10,000 allocated for capital improvements in our franchise agreement. If approved, we plan to use the difference to partially pay for new and improved cameras to film Council and other meetings. Thank you for your consideration. Please call me with any questions, comments and concerns either now or in the future. Sincerely, J.K. Perry General Manager Public Access 5 (970) 949 -5657 vailchan5 @comcast.net www.publicaccess5.org 745 -08 !1 J.PPerry L For Channed 5 Did to run 6 ccamt 1111sam , lloilr�l bull dln Run Aerind Fibm and Leer to . 1W ROO and to" mound pipes a" pull fiber kvio Comeast Building Im a trtal *0' �+ Trench blind building, A, Run ftw underground; behAnd building A. in, cl rti 5 building, K TOTAL 7 checli nraw to _ _ gip. • l 1s fw Do work d"crlbed oody. Any vmr'lanc�. or aifd l w'11.' nwW to Do Oft to bs dmftrmin Gary Herman 7 41 n Corp, Nww CastIC 1orad* IM"? 4 Radiant Communications Corp. 5001 Hadley Road - South Plainfield, NJ 07080 - Phone: 9087577444 - Fax: - Email: mguise @rccfiber.com 23 YEARS of DEDICATED SERVICE 1985-2008 Quote To: Vail Channel 5 JK Perry Phone: 970- 949 -5657 Fax: Email: vailchan5 @comcast.net Q UO T-+ Date Quote # 06/18/08 MFFGQ1040 From: Mike Guise Phone: (908) 757 -7444 x Fax: (908) 757 -8666 Email: Terms Validity 60 Days Qty I Part Number Description Unit t Price Ex� t. Price 1 VAB705S -R -UA3 Fiber Optic singlemode one way baseband video /stereo audio receiver $1,200.00 $1,200.00 over 1 fiber 18db @ 1310 nm SC /APC in lU high rack 1 VAB705S -T -UA3 Fiber Optic singlemode one way baseband video /stereo audio $1,200.00 $1,200.00 transmitter over 1 fiber 18db @ 1310 nm SC /APC in 1U high rack 1 $0.00 $0.00 SubTotal $2,400.00 Total $2,400.00 Your Customer Service Rep is: Kim Barrios x204 SHIPPING PRE -PAID AND ADDED TO INVOICE Delivery ARO: FOB: South Plainfield, NJ 07080 Authorized Signature: Creating cost effective solutions with cutting edge technology since 1985 06/18/08 20:31:04 rk Page 1 601 J.K. Perry Public Access 5 PO Box 5600 Avon, CO 81620 Camera Estimate 10/20/08 Canon XHA1 HDV Camcorder — $3,299.95 Capital Improvement Grant — $1,900 Public Access 5 — $1,399.95 E RESOLUTION NO. 08 -53 SERIES OF 2008 A RESOLUTION TO APPROVE AN REQUEST FOR ALLOCATION OF PEG FUNDS APPROPRIATED IN THE TOWN OF AVON 2008 BUDGET WHEREAS, the Town Council of the Town of Avon has appropriated the expenditure of PEG funds in its 2008 budget in the amount of $10,000 to be used solely for PEG access equipment and facilities; and WHEREAS, the Town of Avon anticipates collecting PEG fees from cable subscribers during the 2008 budget year the estimated amount of $10,000; and WHEREAS, a request has been made to the Town from the local public access television station, Public Access 5, for an allocation of such funds for the appropriate purposes as set forth above. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1: That the attached request for allocation of $10,000 of PEG funds is hereby approved. ADOPTED this 91h day of December, 2008. TOWN OF AVON, COLORADO Ronald C. Wolfe, Mayor ATTEST: Patty McKenny Town Clerk Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Asst. Town Manager - Finance Director Date: December 3, 2008 Re: Incentive Policy / Community Revitalization Anne Ricker from Leland Consulting Group will be present on Tuesday to review with the Town Council the final draft of the proposed Incentive Policy and Guidelines for Public Sector Participation that staff and Ms. Ricker have been working on for the past few months. Drafts of the policy have been commented on by the Planning and Zoning Commission and the Town Council and have also been reviewed by legal counsel. Staff believes that this policy provides guidelines that will help the development community in understanding when and what incentives may be appropriate, establishes an orderly public process for consideration and approval of incentives, and promotes the efficient use of incentives to maximize the public benefits to the Avon community. Financial Implications: There are no direct financial implications to the adoption of this policy. Recommendation: Staff recommends approval of Resolution No. 08 -58 adopting the attached Incentive Policy. Town Manager Commen - Attachments: A — Resolution No. 08 -58 B - Incentive Policy and Guidelines for Public Sector Participation C — Funding Request and Development Review Process Page 1 RESOLUTION NO. 08 -54 SERIES OF 2008 A RESOLUTION TO ADOPT AN ECONOMIC INCENTIVE POLICY WHEREAS, the Town of Avon desires to promote, encourage and stimulate private development and investment that realizes public benefits for the Avon community; and WHEREAS, the Town believes that certain types of development and investment lead to positive economic growth and stabilization while also advancing a public benefit; and WHEREAS, the Town acknowledges that different areas of Avon face varying degrees of challenges in attracting private sector capital for quality (re)development; and WHEREAS, the Town desires to provide greater assistance to meritorious projects in areas of Avon where development and investment activity has lagged behind community needs and goals. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Town Council of the Town of Avon, Colorado, adopts the attached Incentive Policy and Guidelines for Public Sector Participation. ADOPTED AND PASSED, this 91" day of December, 2008 TOWN OF AVON ATTEST: Patty McKenny Town Clerk Ronald C. Wolfe Mayor LELAND CONSULTING GROUP L' INCENTIVE POLICY & GUIDELINES FOR PUBLIC SECTOR PARTICIPATION Town of Avon, Colorado I. INTRODUCTION The Town of Avon ( "Town ") believes that certain types of investment in the Town lead to positive economic growth and stabilization while also advancing a public benefit. However, the Town also acknowledges that different areas of Avon face varying degrees of challenges in attracting private sector capital for quality (re) development. Therefore, the Town has designed this Incentive Policy ( "Policy ") to: provide greater assistance to meritorious projects in areas of Avon where market activity either has, or has the potential to, lag behind community needs and goals; and / or, raise standards of development in an effort to level the financial "playing field" and effectively ready the environment for catalyzing investment. (See discussion of Catalyst Investment Areas.) To this end, and in accordance with the provisions and conditions of this Policy, the Town will, on a case -by -case basis, consider the granting of incentives for new development and redevelopment that advances the community's vision in accordance with adopted Town Planning Documents ( "Town Planning Documents "). II. PURPOSE The Town of Avon desires to promote, encourage and stimulate private development and investment that realizes public benefits for the Avon community. Such public benefits include, but are not limited to: economic stabilization, enhancement and / or diversification, preservation of property values, provision of public amenities and / or facilities identified in adopted Town Planning Documents; and, promotion of self - sufficiency and sustainability on a community -wide basis. This Incentive Policy outlines specific resources that might be made available to meritorious projects, as well as defines the process that will be used to evaluate project requests. Specific Policy purpose statements include: 1. Provide guidelines for the development and investment community to understand when incentives may be appropriate; 2. Establish an orderly public process for consideration and approval of incentives; 3. Provide short -term assistance for eligible projects that have verifiable financing gaps; 4. Promote the efficient use of incentives to maximize the public benefits to the Avon community; 5. Make available assistance for the minimum possible length of time; ■ Real Estate Strategists, zuww.lelcaidcorasiiltircg.coni Page 1 of 24 3 LELAND CONSULTING GROUP 6. Discourage the use of incentives when not necessary to realize the L' proposed public benefits or not appropriate as a matter of public policy; and 7. Promote accountability to the general public in the use of public funds and resources. It is the objective of this Policy that the Towri s strategic investment of its incentive resources improve Avor s entire portfolio of community assets and facilitate the development and redevelopment of projects that provide a public benefit. Further, it is the Towri s intent to manage the implementation of the Incentive Policy so that incentives are fairly distributed across geographic and market sectors and appropriately applied based on the community vision. To that end, this Policy may be updated from time -to -time so as to remain consistent with adopted Town Planning Documents. Note: Incentives are subject to approval by the Town Council. This Incentive Policy is not intended, and shall not create, any entitlement or right of any applicant to approval of an incentive. III. DEFINITIONS Capitalized terms used in this Policy, but not defined elsewhere, shall have the following meanings: Applicant: An individual or entity proposing to advance a new development or redevelopment project for which they are requesting participation by the Town. Business Recruitment/ Retention: A program, frequently administered by an economic development entity, which assists with the recruitment or retention of business into or within a designated area. Program elements might include financial assistance, regulatory assistance, and / or marketing. Capital Improvement Plan (CIP): Dollars earmarked for improvement and extension of infrastructure in municipalities. Density Bonuses: Allowance for additional density in the form of increased units, building height, floor area ratios and / or maximum square footage in consideration of a public benefit. Note: This tool is sometimes used with the Transfer of Development Rights (TDR) tool which allows a property owner to transfer density rights from one parcel to another within a specific geographic area. ■ Real Estate Strategists, www.lelandconsulting.cwn Page 2 of 24 Or LELAND CONSULTING GROUP L Development Fee Waivers: A program intended to reduce development costs by waiving or deferring various fees and charges associated with a development project, i.e. tap fees, building permit fees, processing fees, etc. General Obligation Bonds: Bonds secured be the general taxing authority of the Town. In Colorado, the issuance of general obligation bonds require approval by the general electorate of the Town. Improvement District: Both an organizing and financing technique for area revitalization. Improvement districts provide a stable stream of income for activities and projects considered special to an area or in addition to general municipal services. Improvement districts are a vehicle for providing additional services for a fee and should not be considered a substitute for services funded through traditional tax revenues. Infrastructure Cost Participation: The sharing of infrastructure costs (either on- site or off -site) by developers and / or property owners with an entity (public, private, or semi- private) which will benefit from its availability. Land Assembly: Land assembled by public, private or non - profit entities in an effort to position it for development of larger projects. Assemblies can happen through purchases of properties, vacations and / or the rerouting of streets, alleys, etc. Land Donation/ Write -Down: The contribution of land to a project by a property owner either as a donation without an expected return, or at a reduced price. Land Swap: The offer of an exchange of town -owned land for land of similar value in an alternative location in order to develop specific infill sites in a specified manner. Loan Pool (Lending Pools): Several lending organizations contributing financing to a project or projects, thus sharing risk. An amount of capital pledged by several entities for lending to businesses based on some agreed upon goals or other criteria. Pledges can be in the form of loans, letters of commitment and stock purchases. Pools can be either organized formally or on a case -by -case basis. Parking District: Designated area wherein parking design, development and management issues among multiple facilities beyond that provided for by standard municipal levels of service are controlled by a select entity. Pedestrian Enhancements and Linkages: Various public, private and non - profit initiatives to improve the pedestrian environment in a designated area, i.e., ■ Real Estate Strategists, www.lelandconsulting.coal Page 3 of 24 S LELAND CONSULTING GROUP L' permanent and temporary streetscape elements, sidewalk widening, reduced speeds, etc. The resulting environment is designed to accommodate the needs of pedestrians, as well as through- and destination- traffic, by incorporating select infrastructure improvements, design elements, and traffic management mechanisms. Methods to achieving this include: separating traffic through the use of parallel streets; limiting access points; linking parking lots; coordinating traffic signals; adding alternative transportation lanes; widening sidewalks; providing crosswalks, street lights and furniture; preventing "deadening" uses without building fronts; and, incorporating transit stops. Predevelopment Funding Grants: Financing for project expenses incurred prior to construction, i.e., soft costs including consulting, design, engineering, planning, marketing, etc. Public Subordination: Town guarantee to a lending institution that, in the event of default, debt service will be paid. Redevelopment: The reconstruction or improvement of an area within an existing built - environment. Revenue Bonds: Bonds secured by, and by which may be issued and amortized from, the anticipated revenue which results from the improvement that was funded. Revenue Sharing: An incentive program by which certain anticipated future revenues from a development can be shared, rebated or refunded to the developer to assist in paying for infrastructure. Streamlined Development Approval: Initiatives by government entities to facilitate a timely approval process for (re) development projects meeting certain criteria. Also referred to as a "green -tape" permitting program. Critical elements of these types of programs include: 1) streamlined permitting and entitlement process; 2) greater predictability; and, 3) fairness in fees and exactions. Example components might include: 1) an appointed case manager; 2) a consolidated permitting process; 3) waived or reduced fees; 4) a single public hearing; and, 5) a streamlined environmental review process. Streetscape: Improvements to streets that enhance pedestrian activity. Streetscape enhancements may include: special paving; trees, planters, kiosks, fountains, plazas, benches, bicycle racks, vehicular and pedestrian lighting, and other public space amenities deemed desirable by the Town. Tax Exempt Bond Financing: Method of financing long -term debt issued by the government whereby bondholders need not include interest payments on taxable income. ■ Real Estate Strategists, www.lelandconsniting.com Page 4 of 24 G LELAND CONSULTING GROUP L Tax Increment Financing (TIF): A financing concept whereby increases in property and sales tax revenues that arise from new development over and above a designated revenue base are pledged to finance the debt services of a bond issue, or may be used to finance redevelopment activities. Town Planning Documents: All documents adopted through the public hearing process by the Town Council after review by the Planning Commission, including but not limited to the West Town Center Investment Plan, the Town Center West Area Urban Renewal Plan, the Avon East Town Center District Plan, and the Town of Avon Comprehensive Plan. Transfer of Development Rights (TDR): Ability to transfer property entitlements from one property to another when one of the parcels is located in a designated development area. Urban Renewal: Tool used for the purpose of eliminating slum or blighted areas within a municipality, and positioning properties for development or redevelopment. Actions under urban renewal can include tax increment financing, demolition of structures; construction of infrastructure and public spaces; sale of property; and, relocation of businesses and residents. IV. INCENTIVES The incentives offered under this Policy are not intended to replace other project financing from private or public sources. Rather, they are intended to be supplemental and flexible resources that spur worthy projects by bridging funding gaps which may be created by the difficult and sometimes costly nature of such purposeful developments. The primary incentive programs available include: Financial Incentives: • Urban Renewal (Tax Increment Financing) • Infrastructure Cost Participation • Operating and Maintenance Costs • Revenue Sharing • Fee Waivers • Tax Exempt Bond Financing • Local Grants • Low Interest Loans • Federal and State Grants ■ Real Estate Strategists, www.lelandconsniting.com Page 5 of 24 I Fl� LELAND CONSULTING GROUP Non - Financial Incentives: • Land Transactions • Pedestrian Enhancements and Linkages • Predevelopment Due Diligence • Special Districts • Parking Districts • Loan Pool Facilitation • Business Relocation / Retention Assistance • Development Approval Facilitation • Project Participation Detailed descriptions of those tools which will likely be most frequently requested and provided are presented below with the balance defined in the Appendix section of this Policy. Urban Renewal (TIF) Purpose of Incentive Tax Increment Financing (TIF) is a tool authorized under Colorado State statute by which local governments can publicly finance the rehabilitation or demolition of existing structures, construct or install new streets, utilities, open space and other improvements that serve a public purpose. Expenditures are made within a defined area called an urban renewal area. The tax increment is derived from the difference in appraised value between the year in which the area and TIF was formally established by Council (base year) and each year is in existence, for a period not to exceed 25 years. The increment is generated by real property taxes resulting from new construction and increases in market values due to public improvements and redevelopment efforts. Project Use The Town will consult with property owners within a designated area to ensure that TIF is awarded to meritorious projects. Note: If not otherwise in existence this would be accomplished through creation of an urban renewal area and plan where the project is located. The Town may provide a rebate to the developer of the property tax increment or pledge the increment as payment of principal and interest on bonds issued to fund the improvements. The Town may also elect to retain tax increment to meet operating or other demands within the TIF area. ■ Real Estate Strategists, www.lelandconsdting.com Page 6 of 24 H LELAND CONSULTING GROUP L: The percent of TIF revenue made available to projects will be negotiated on a case -by -case basis and considered relative to those factors described in this Policy's guiding principles. Limitations TIF can only be used on expenses that provide a public benefit. Eligible project costs include: capital costs, financing costs, real property assembly costs, professional service costs for public improvements, imputed administrative costs, relocation costs, organizational costs, interest before and during construction, and costs associated with operating the urban renewal area and project facilities. Infrastructure Cost Participation Purpose of Incentive The Town may elect to participate, either through a formal program or on a case -by -case basis, in the cost of construction and / or maintenance of infrastructure that will benefit multiple projects and properties. Project Use ■ The Town will work with the developer and / or property owner to identify all on -site and off -site capital improvements necessary to service and / or support the project. ■ Where dollars have already been earmarked (i.e., in the Town Capital Improvement Plan) or quantified; and public expenditures are eminent, the Town may elect to contribute these dollars to the project. ■ Where dollars have not been earmarked, but improvements are considered to benefit from the project and area, the Town may still elect to contribute dollars to the project. ■ The Town will consider the quality of materials and their consistency with prevailing policies, standards and regulations. In instances where the Town desires to raise standards of design and / or development, it may elect to participate in the cost of delivering these improvements. Limitations As identified through policies of the Town Council. ■ Real Estate Strategists, mm.lelandconsniting com Page 7 of 24 LELAND CONSULTING GROUP Operating & Maintenance Costs See discussion under Pedestrian and Roadway Enhancements and Linkages. Revenue Sharing Purpose of the Incentive Revenue sharing is a tool by which certain anticipated future revenues from a development may be shared, rebated or refunded to assist in paying for infrastructure costs, business start -up or relocation, or assisting a development towards stabilization as expeditiously as possible. Project Use The Town will consider applications for revenue sharing that meet the eligibility requirements set forth in this Policy and that are compliant with relevant restrictions stated in the Avon Home Rule Charter. In addition, the Town requires that the source of the revenue to be shared match with the use of the shared revenue. Limitations As identified through the Avon Home Rule Charter. Fee Waivers Purpose of Incentive The purpose of this incentive is to encourage investment by waiving or delaying development fees until the developer sees a positive cash flow. Project Use The Town may waive or delay project - related development fees on a case - by -case basis for meritorious projects. Limitations Developers will need to negotiate with the Town a specific threshold (to be determined) that they can demonstrate in order to be eligible for waivers or delays. ■ Real Estate Strategists, www.lelandconsdting.com Page 8 of 24 I LELAND CONSULTING GROUP L' Land Transactions Purpose of Incentive The purpose of this incentive is to assist developers with land acquisition and assemblage for meritorious projects in targeted investment areas. Project Use See Section 18.3 of the Avon Home Rule Charter for limitations on the use of this tool. Limitations As identified through policies of the Town Council. Pedestrian and Roadway Enhancements and Linkages Purpose of Incentive It is the Town's intent (and past practice) to encourage pedestrian connections, access to multiple modes of transportation and linkages among activity areas both within the Town's economic core and surrounding neighborhoods. To this end, the Town may participate in projects that advance this objective in the form of expending capital for infrastructure and maintenance of public improvements. In the context of the catalyst areas, public improvements are considered to encompass streetscape and roadway improvements that encourage pedestrian and transit access, as well as public space amenities. Project Use The Town may use CIP, bond and / or general funds for redevelopment within the catalyst areas to leverage grants and private funding sources. Grant programs are often administered by the Federal Highway Administration, the Federal Transit Administration, and the Colorado Department of Transportation. The Town's goal is to use funds to leverage private dollars, yielding investment for streetscape improvements in the near -term. Limitations The Town will identify and evaluate projects as grant and /or other funds become available. Projects will be selected according to the criteria established by the grant program and any additional criteria that further ■ Real Estate Strategists, www.lelandconsulting.com Page 9 of 24 V LELAND CONSULTING GROUP L the goals of this Policy and other adopted plans and policies. These criteria may include, but are not limited to, the following: Consistency of proposed improvements with the purpose of the grant program Equitable distribution of funds among the catalyst areas (over time) Ratio of private investment to public investment Limitations In order for the Town to expend funds, resources must be in support of a catalyst project that advances the vision for that area. Predevelopment Due Diligence Purpose of Incentive The purpose of this incentive is to provide property owners and developers with market, financial, design, engineering and other related information in an effort to both educate them about opportunities, as well as save them pre - development dollars. Project Use ■ The Town will establish an electronic "library' of studies and reports solicited by, and shared with, the Town in the context of development and investment projects in targeted areas. ■ As these studies and reports are made available, they will be submitted to the library for use by the private sector. ■ The Town may also elect to dedicate staff or retain the services of consultants and other professionals at no cost to the developer in an effort to save them pre - development dollars, while ground - truthing project feasibility. Limitations As identified through policies of the Town Council. Special Districts and Improvement Districts Purpose of Incentive ■ Real Estate Strategists, www.lelandcons lting.com Page 10 of 24 LELAND CONSULTING GROUP L■ Special districts are special- purpose units of local government created to provide a service or services to a specific group of constituents. Assessed taxes are exclusively property taxes. Improvement districts allow a municipality to levy and collect special assessments on property that is within the Town or the Town's extraterritorial jurisdiction (ETJ) to be used in the district. The assessment can be used to fund things including streetscape, infrastructure, security, parks, recreation, parking and other public improvements. Project Use See Section 18.01 Establishment of Special Districts of the Town Municipal Code. Limitations As improvement districts are enacted, primarily to raise money for the provision of certain services or improvements, eligible projects which require the revenue of a special district must serve a public purpose. Development Approval Facilitation (Streamlining) Purpose of Incentive The Towri s organizational structure is expressly designed to allow for interdepartmental coordination for development projects. Its mission is to focus on and provide assistance to priority projects that are eligible as defined under this Policy. Through staff project facilitation, the Town will attempt to resolve questions that arise through a main point of contact who will then work with other departments as necessary, in order to facilitate a streamlined process for projects in pre - development. Project Use Town staff representatives on the team will host a pre - development conference to address construction, platting, zoning and permitting issues. A project manager from the Town will be assigned to serve as the primary contact for addressing internal problems and issues related to the project. Key staff will continue to facilitate issues that arise and eventually serve as advocates for projects between departments and with Town M Real Estate Strategists, www.lelandconsdting.com Page ii of 24 �3 LELAND CONSULTING GROUP L Council, assisting with formal presentations and soliciting timing guarantees. Limitations This service applies to projects which meet the catalyst project criteria as outlined in this Policy. V. CATALYST INVESTMENT AREAS Town Council has identified geographic areas of Avon within which to target its incentives. The Town acknowledges that different geographic areas face varying degrees of challenges in attracting private sector capital for development consistent with the community's goals and objectives. While projects outside these areas might prove worthy, the Town has specifically targeted its incentives to provide greater assistance to catalyst projects in areas of Avon where market, support has either lagged behind community needs and goals, or where economic conditions are fragile or susceptible to market forces. This Incentive Policy defines catalyst investment areas as follows: "A catalyst investment area is an 'urbanized' place that has a concentration of jobs, housing units, commercial uses, public spaces, public transportation, and /or pedestrian activity and a sense of place. These areas are frequently located at significant activity nodes. Predominant land uses are commercial, non - commercial and public. Within these relatively compact geographic areas, different land uses are found side by side or within the same structures. The mix of uses are often located in developments with minimal setbacks, reduced parking requirements and taller structures, all in an effort to achieve higher densities necessary to support multiple nodes of transportation and pedestrian activity (where relevant), private investment and a sense of place. These areas are catalysts for public and private investment and economic activity, effectively building off the strengths of the surrounding area and connecting to surrounding uses. Implementation and management of catalyst areas is generally the responsibility of a combination of entities including business organizations, special districts, neighborhood and other interest groups, and individual property owners." What follows is a description of the vision for each of the Town identified catalyst investment areas as expressed in the supporting Town Planning Document. Projects outside these areas should address a significant public benefit, as well as show evidence of a market opportunity and/or development project with potential in the near -or long term. ■ Real Estate Strategists, www.lelandconsniting.com I I Page 12 of 24 10- LELAND CONSULTING GROUP L' West Town Center Investment Plan The West Town Center Investment Plan was adopted in August 2007. The stated vision for West Town Center in the plan is taken from the Town of Avon Comprehensive Plan. Specifically, "The West Town Center District will serve as the heart of the community. 'Social, cultural, intellectual, political, and recreational gatherings occur in this district. In addition, the district acts as the common ground between the full -time residents, part -time residents and destination guests through diverse retail and entertainment opportunities. The West Town Center District will be an intensely developed mixed -use, pedestrian- oriented area that serves as the primary focus for residential and lodging development within the overall Town Center. "' Town Center West Area Urban Renewal Plan The Town Center West Area Urban Renewal Plan was adopted in August 2007. The vision expressed in the plan states that " revitalization of the Town Center West Area is the creation of high quality commercial and mixed -use developments which integrate a range of non - residential uses with residential uses (vertically integrated) where appropriate, as well as property improvements, supported by strategic public investment in infrastructure (including utilities) and parking within and adjacent to the Area boundaries. Development within the Town Center West Area is positioned to serve as the catalyst for change in this commercial core of the Town. The combination of uses will further promote development and redevelopment of the entire Town Center District as an urban "neighborhood" with retail, business, lodging, residential, civic, cultural and public elements while physically connecting existing uses and improving circulation among multiple forms of transportation. " Avon East Town Center District Plan The Avon East Town Center District Plan was adopted in May 2008. The stated vision of the plan for the Avon East Town Center District is "to make the most of redevelopment opportunities by considering the needs and desires of the community, establishing a cohesive mix of uses, including retail, office and residential; planning for public gathering spaces; and creating strong pedestrian and street connections." Additionally, "the East Town Center District will be a jewel of the community, a complement to the West Town Center District, and a source of pride for the residents and business owners." Specific investments that will be encouraged include: residential units, pedestrian enhancements, branding elements, vibrant nodes of activity, parking, entertainment uses, roadway and public transportation improvements, diversity and economic sustainability in all of these components. ■ Real Estate Strategists, wwwlelandconsulting.com Page 13 of 24 1� LELAND CONSULTING GROUP L: Town of Avon Comprehensive Plan A general plan for the Town known as the Town of Avon Comprehensive Plan was adopted in February 2006. The plan specifically states, "In order for Avon to realize its vision and its associated community goals and objectives, the key challenge facing Avon is to enhance its Town Center Districts." Additionally, it says, "The Town Center Districts (East and West) are intended to be Avon s focal point for social, business and cultural activities. Specifically, the Town Center Districts are anticipated to provide mixed -use development of the highest intensity within the community supported by an exceptional pedestrian- oriented environment including comfortable spaces, exceptional views, and intimate gathering places." VI. REVIEW CRITERIA The Towns decision to invest in a project will be based on several important findings, not the least of which include: • number and type of public benefit elements (direct or indirect); • potential of the project to succeed; • demonstrable financial need; and, • evidence that the project accomplishes the goals of the community as specified in the Town of Avon Comprehensive Plan, Avon West Town Center District Investment Plan, Avon East Town Center District Master Plan, and all other Council- approved community plans related to the growth and development of the Town (see Catalyst Project Investment Areas). Project applications will be reviewed relative to the following Review Criteria: 1. The Application is complete. 2. The Applicant's ( "Applicant ") proposal advances the vision, goals and objectives of a Town Planning Document (i.e., transit- supportive development, employee housing, etc.) 3. The Applicant's proposal provides a public benefit that would not be provided without the incentive. 4. The Applicant's proposal promotes one or more purposes of the Incentive Policy. 5. The requested incentive is in proportion to the proposed public benefit. 6. The requested incentive and project will not increase Town expenses more than the projected increased revenues. 7. The requested incentive and project allows the Town and Applicant to leverage grant funding from other sources. (optional) ■ Real Estate Strategists, www.lelandconsniting.com Page 14 of 24 /6 LELAND CONSULTING GROUP L: 8. The proposal includes a practical method of demonstrating the effectiveness and success of the incentive. In order to be considered for Town incentives, a project falling within a catalyst investment area must advance and exceed stated community goals and the application must positively address the above criteria. A project that has the potential to advance stated community goals, yet located outside a preference area, may also be considered for Town incentives, but will be expected to undergo a greater level of scrutiny to ensure that it is consistent with the objectives presented herein. VII. APPLICATION PROCESS AND DECISION In order to have a project request considered for participation by the Town of Avon, Applicants must complete the attached forms and submit the completed forms to the designated Town representative. Once the (above) criteria are considered to be satisfactorily addressed, Town staff will work with the Applicant to further analyze specific details about the project's financial need and other factors as warranted. The financial need of the project will be determined based upon the nature and extent of the "gap' between the total project costs and amount of private investment to cover those costs, assuming a market - average rate of return on the private investment. Based upon this information, Town staff will then determine the extent of the Towri s potential participation (including specific incentives) in the project. The level of Town participation will be dependent, in part, on the fiscal impact of the project to the Town and expected private investment leverage resulting from its participation. Another factor will include the extent of public benefit the project provides. The map presented in the Appendix section of this Policy illustrates the Towri s target areas for catalyst private investment. Final documentation for meritorious projects will be packaged along with Town staff recommendations for final review and consideration by Town Council. Together, the Town representative and Applicant will then present the project concept and request to Town Council for consideration. In select instances, Town Council may decide to refer the project and application to Planning and Zoning Commission for a recommendation. Note: Private financial information provided in conjunction with the project submittal will be reviewed in confidence by the Town Manager, Town Finance Director, and one representative from Town Council. All matters related to this confidential private financial information will be considered in executive session if deemed necessary and appropriate. ■ Real Estate Strategists, www.lelandconsniting.com Page 15 of 24 LELAND CONSULTING GROUP VIII. BENCHMARKING THE MARKET The ability of the Policy to successfully marry market opportunity with market investment will hinge upon continual feedback to the Town by representatives of the real estate and business investment markets and incentive recipients. Therefore, the Town has an expectation of investment partners to provide information on the performance of projects during start -up and through stabilization'. The receipt of project information beyond the period during which the Town participates will be appreciated, but not required. Access by the Town to this information will assist in staying current on market conditions and expectations among different geographic and market sectors, as well as provide the basis for refinements to the Policy and the Town's decision - making parameters for participation in future projects. ' The total value of the incentives will only be available at a level not to exceed the incremental dollars generated by the planned investment as determined by the Town through regular review of the project's performance (open books). Select information will be kept confidential from the general public. ■ Real Estate Strategists, umnv.lelandcoasWting.cow Page 36 o124 i LELAND CONSULTING GROUP L' Appendix Tax Exempt Bond Financing Purpose of Incentive The purpose of this incentive is to provide long -term financing for select economic development projects. Bonds are issued by the Town and exempt from state and local taxes. Project Use Bond revenue can be used for specific purposes, as determined by the bond documentation, including right -of -way improvements (public and private), parking, streetscape, infrastructure, as well as land acquisition. The Town may provide support to projects that meet the Town's bond documentation criteria for funding. The funds will be available in the form of 1) loans, 2) loan guarantees, 3) equity investments, and / or subordinated debt for construction, or, 4) permanent financing. Bond revenue may also be available to projects located in an urban renewal area. Criteria for funding within an urban renewal area are defined in the urban renewal plan for that area. Limitations Limitations will be largely dictated by the rules and regulations associated with the bond issuance and the terms and conditions that the Town may ask developers to pledge when issuing the bonds. Private Activity Bonds Private activity bonds are designed to provide taxable and tax - exempt bond financing primarily for local improvement projects. Private Activity Bonds (PAB) are bonds that can be issued for specific purposes, as determined by federal tax law. PABs are not a direct source of funding, but rather a tax- financing mechanism. Local Grants Purpose of Incentive The purpose of local grants is to reimburse private developers for the range of expenses which may contribute to a financing gap yielding projects financially infeasible. To this end, the Town will also be sensitive to the ■ Real Estate Strategists, wwwAlandconsulting.com Page 17 of 24 19 LELAND CONSULTING GROUP L' taxable implications these grants may have for the developer and where possible, use transfer mechanisms (i.e., soft loans, accrual notes, etc.) which result in a favorable financial impact. Limitations This incentive is often used as a gap - financing tool of last resort. The use of this incentive is for projects facing extraordinary impediments to development and offering significant positive impact to the community and the surrounding area where the project is located. Limitations on how this incentive is used are predicated on the source of the funds and terms and conditions of the award to the Town and the project. Low Interest Loans Purpose of Incentive The purpose of this incentive is to provide funds to developers at a lower rate of interest compared to conventional loans. This incentive effectively reduces the financial gap of a project, thereby enhancing its financial feasibility. Project Use The Town may facilitate the provision of this type of support to development projects that meet the Town's criteria for funding. Loans can be used to support commercial, residential or mixed -use development projects, for both rehabilitation and new construction related expenses. Types of loans available include predevelopment, interim financing and bridge. The program can be expanded to include a set -aside for facade improvements in targeted areas. Limitations Limitations will be largely dictated by the rules and regulations associated with the funding source and the terms and conditions of the specific award. Federal and State Grants Purpose of Incentive The fundamental premise of the Towns Incentive Policy is to catalyze investment and reinvestment in targeted areas. Whereas experience has ■ Real Estate Strategists, unmlelandconsulting.com Page 18 of 24 MW LELAND CONSULTING GROUP L' proven that "catalyst projects" serve to prove to private sector investment markets that demand for community- beneficial developments exists; they set a positive precedent for future development. Given the importance of supporting catalyst projects in priority areas, the Town may, at its sole discretion, elect to compete for federal or state grants to support deserving real estate development projects. Project Use If awarded, the Town may provide this type of support to projects in an effort to close a demonstrable funding "gap." Use of the funds will be contingent on the project's ability to advance key community goals including sustainable development principals, as well as the guiding principals of this Policy. Grant funding is generally used for infrastructure improvements, environmental remediation, pedestrian and streetscape enhancements in the public right -of -way, and other costs as appropriate to the funding source. However, they may also be used for a range of economic development initiatives including business retention, relocation and expansion initiatives. Limitations Limitations on how this incentive may be used are often predicated on the source of the funds and terms and conditions of the award to the Town and the project. Town Council will determine which projects they will submit for competition. Submittal is not a guarantee of Town funding and Town participation will be contingent upon award of grants. Parking Districts Purpose of Incentive A parking district is a designated area wherein parking design, development and management issues, beyond those provided for by standard municipal levels of service, are controlled by a select entity. The purpose of this incentive is to allow property and business owners to share in the cost of infrastructure and services in an effort to stabilize and distinguish a business and/or neighborhood district, and thereby potentially improve its market position. Project Use ■ Real Estate Strategists, zozozo.lelandconsultiiig.cozii Page 19 of 24 Myi LELAND CONSULTING GROUP L ■ In order for a parking district to be established, 51 % of the property owners must submit a petition request. ■ Upon creation of the district, property owners will be assessed an additional fee to fund improvement projects within its area. ■ The district can then pledge the assessment revenue as payment of principal and interest on bonds issued to fund public improvements which benefit projects within it. Limitations As improvement districts are enacted primarily to raise money for the provision of certain services or improvements, eligible projects which require the revenue of a special district must serve a public purpose. Loan Pools Purpose of Incentive The purpose of this incentive is to spread risk across multiple funding entities. Pools can be assembled with private, public and semi -public dollars. An obvious resource can be Community Reinvestment Act (CRA) dollars, managed by private lending entities that are required to be invested directly in the community. Commitments can take the form of loans, letters of commitment and stock purchases. Loan pools may also include program partnerships. Project Use The Town will facilitate discussions with various local and regional lending entities (public, public, and semi- private) to identify set - asides for a loan pool to be used by credible borrowers for the development of projects in targeted areas. ■ The Town may consider subordinating the loan pool fund, if necessary. Limitations Limitations will be largely dictated by the rules and regulations associated with the funding sources and terms and conditions of the specific award. Project Participation Purpose of Incentive ■ Real Estate Strategists, www.lelandcorisniting.com Page 20 of 24 LELAND CONSULTING GROUP L: The purpose of this incentive is to offer public sector support to projects in an indirect way, as an alternative to direct financial participation. Project Use ■ The Town will consider taking space (relocating a department) in a newly developed or redeveloped commercial project. ■ If their CIP plan includes the expansion of public facilities or spaces, the Town may consider doing this in cooperation with the developer. (See Pedestrian Enhancements and Linkages.) ■ The Town may provide the services of one of their departments or affiliates (Chamber, Tourism, Economic Development) to either the developer or tenants in the development to advance the success of the project or their individual business. Limitations As identified through policies of the Town Council. Business Relocation/ Retention Assistance Purpose of Incentive The purpose of this incentive is to assist existing businesses with their expansion, retention and relocation needs. Costs associated with relocation are an acceptable expense within an urban renewal area. However, projects not located within an urban renewal area may be required to buy -out leases (at a minimum) and possibly cover relocation expenses in an effort to advance (re) development projects in infill areas. In addition to providing dollars for actual expenses, the Town may partner with various economic development entities to assist with marketing and disruptions in operations. Project Use ■ The Town may identify and/or retain someone to serve as a point - person for relocation inquiries. ■ Within existing urban renewal areas, the Town will make sure that a relocation plan with specific provisions is in place. ■ Real Estate Strategists, www.lelaitdconsilting.com Page 21 of 24 "3 LELAND CONSULTING GROUP C ■ The Town may preemptively solicit the participation of a range of economic development partners to assist the Town in their redevelopment goals and objectives. Limitations As identified through policies of the Town Council and any other participating entities. ■ Real Estate Strategists, zvzvzv .lelaiadcortsieltiizg.coai7 Page 22 of 24 2k LELAND CONSULTING GROUP L' Appendix 1 Map ■ Real Estate Strategists, mumlelandconsulting.com Page 23 of 24 11� -1Z 0 co c 0 d 2 0 Lu ID a) ca 0) (D �' E L- -1-1 L- cn -I.- a) > C: 0 2:cn -, M m N a) > cu m (D L- C: < 0 (D 4- c O (D w ca -0 L- D LELAND CONSULTING GROUP LAppendix 2 Forms ■ Real Estate Strategists, www.lelarndconsiiltiug.conr Page 24 of 24 17� Town of Anon, Colorado Date: Reviewer: Request Agent: (For confidential official use of the Town of Avon, Colorado and /or its agents) 1. a. Name of Offerer: b. Address: 2. The Land which the Offerer proposed to redevelop is described as follows: 3. The financial condition of the Offerer, as of (date), is as reflected in the attached financial statement. NOTE: Attach to this statement a certified financial statement showing the assets and liabilities, including contingent liabilities, fully itemized in accordance with accepted accounting standards and based on a proper audit. If the date of the certified financial statement precedes the date of this submission by more than six (6) months, also attach an interim balance sheet not more than sixty (60) days old. a. Name and address of auditor or public accountant who performed the audit on which said financial statement is based. 4. If funds for the development are to be obtained from sources other than the Offerer's own funds, provide a statement of the Offerer's plan for financing the acquisition and development, indicating a proposed source and amount of equity investment, proposed source of debt financing, and evidence of ability to obtain financing. 5. Sources and amount of cash available to Offerer to meet equity requirement of the proposed undertaking: a. In Banks: Name and Address of Bank Amount b. By loans from affiliated or associated corporations or firms: Name and Address of Bank Amount `I'oct)lr (ff Az >oza, Calorado Confidential Statement of Financial Capability (cont'): c. By sale of readily saleable assets: Description Market Value Mortgage or Liens 6. Name and address of bank and financial institution references: 7. Has the Offerer or the parent corporation, or any subsidiary or affiliated corporation, if any, of the Offerer or said parent corporation, or any of the Offerer's officers or principal members, shareholders or investors, or other interested parties (as listed in the response to Item 3 of the "Statement of Qualifications') been adjudged bankrupt, either voluntary or involuntary, within the past 10 years? Yes No 8. Has the developer or anyone referred to in Number 7 above been indicated for or convicted of any felony within the past 10 years? Yes No If Yes, give for each case (a) date; (b) charge; (c) place; (d) court; and, (e) action taken. Attach any explanation deemed necessary. Confidential v1 Tocoar of An)ir, Colorado Confidential Statement of Financial Capability (cont'): Certification I (We) *, , certify that this Confidential "Statement of Financial Capability" and the attached evidence of the financial responsibility, including financial statements, are true and correct to the best of my (our) knowledge and belief and request that the information be treated confidentially. Date: Firm Name Firm Title Firm Address Title Firm Address * If the Offerer is a corporation, this Statement should be signed by the President and Secretary of the corporation; if an individual, by such individual; if a partnership, by one of the partners; if an entity not having a President and Secretary, by one of its chief officers having knowledge of the financial status and qualifications. 111� Town of Avon, Colorado Form: Funding Request 1evelopment Concept Proposal Date: Name: Company: Project Name: Ph #: Reference: Applicant shall submit a conceptual design proposal consisting of the following elements: 1. Narrative Description of Development Concept: Provide a narrative description of the development objectives: size, nature and location of the proposed land uses, urban design and architecture. Include specific statements indicating how the Development Concept advances the goals of the Town and any relevant Policy or Vision Documents, specifically its ability to provide a public benefit. 2. Conceptual Design: Applicant shall submit a Conceptual Design and state (illustrate) any aspect of the design that does not conform to applicable Town of Avon, Colorado codes and standards. The Conceptual Design shall consist of drawings (elevations and perspectives optional). Additional descriptions of color, material and size of structures, and landscaping will be appreciated. 3. Project Fact Sheet: The Applicant shall provide a project fact sheet indicating the following data and information (as applicable): a. Gross Building Area: b. Housing (Number of Units and Type): c. Restaurant Space (SF): d. Office Space (SF): e. Retail Space (SF): f. Parking Requirements: g. Building Height: h. Floor Area Ratio: Confidential 31 Town of Avon, Colorado Funding Request o (cont'd' Development Co t Proposal Date: Name: Company: Project Name: Ph #: Reference: The Applicant shall provide information in the form of a Preliminary Summary Pro Forma to indicate the economic basis for the request. The purpose of this information is to demonstrate the economic feasibility of the proposed development and shall be in such detail necessary to illustrate such feasibility including all major assumptions concerning costs, income and any economic "gap." Project Cost: Land and Parking Cost: Land, xx square feet @ xx: $ Parking Costs, xx spaces @$xx: _ Total Land and Parking Costs: $ Building Costs (including soft costs and contingency): $ Operating Start -Up Costs: $ Financing and Carrying Costs: $ Total Project Cost: $ Project Operating Results, Stabilized Year (rental project): Number of Rentable Square Feet @ xx % Efficiency: Scheduled Gross Rent @ $xx $ Less Vacancy and Credit Loss, xx %: Effective Gross Income: $ Confidential 32,- Town of Avon, Colorado Funding Request Form (contd): Development Concept Proposal Date: Name: Company: Project Name: Ph #: Reference: Less Operating Costs, xx% Real Estate Tax @ xx% Facility Cost: Net Operating Income: Operating Income as a Percentage of Project Cost: xx% Difference in Value and Cost: Notes: 1. Building pad sites are available for sale or long -term lease. The asking sale price is $xx per square foot; the asking long -term lease rate is $xx per square foot per year. 2. Parking costs reflect private sector contribution to parking construction. 3. The number of required parking spaces will vary depending upon the mix of land uses proposed. 4. Operating costs should include a fee to be charged for maintenance of common areas. This Common Area Maintenance (CAM) fee is estimated to range between $xx and $xx per square foot of gross building area. 5. As shown on the enclosed site map, portions of the common areas, e.g. patio area, will be made available for lease by building owners and /or tenants. Confidential Funding Request Form (contd): Development Concept Proposal Date: Name: Company: Project Name: Ph #: Reference: Applicant shall provide an estimated timeframe for the following items (where available): 1. Initial purchasing and due diligence period: 2. Additional period for pre - leasing and due diligence, upon request from and showing of need and progress by the Applicant: 3. Completion and submission to Town of final construction plans for development: 4. Completion and submission of construction financing commitment for development: 5. Satisfaction of the conditions contained within construction loan commitment: 6. Commencement of development of project: 7. Completion of construction of project: Confidential 2 q Torttta of Amit, Colorado Date: Name: Company: Ph #: Reference For: 1. When did you work with the [ "Request Agent "]? 2. Can you describe the project they developed / participated in? 3. Was their concept similar to their other projects or was it customized to reflect your vision? 4. Who was the project manager? 5. Did you issue a request for proposals or did you sole- source to this firm or individual? 6. Had you heard of them before (if they responded to a request)? 35 °I our ll of Awil, Colorado Reference Check Questionnaire (cont'd): 7. In your consideration process, why did you end up selecting [ "Applicant / Team "]; what was it about them that caused you to conclude that they were the "right fit" for you and your community? 8. If a public sector reference, did the financing for your project involve public dollars (incentives)? How creative and /or flexible were they with these resources? 9. If a public sector reference, how well did they understand your need for a quantifiable return on your investment? 10. Knowing what you know now, would you select them again? 11. What firms comprised the team that worked with [ "Applicant "], (if any)? Had they worked together before? (Were they the same group that submitted this request ?) 12. We would like to understand how well you felt that ["Applicant/ Team"] performed for you. Please tell us how you would rate them in each of the following dimensions on a 1 -10 scale (with 1 representing Poor, 5 representing Average and 10 representing Outstanding) 31-9 Tcroaa of Az)orr, Colorado Reference Check Questionnaire (cont'd): 13. In retrospect, what would you do differently to have had a more productive / profitable experience with [ "Applicant "]? (How can we learn from your experience ?) 14. Any other comments you wish to make. 31 Town ofAvoit, Cblorndo Reference i it (cont'd): Personal Interview Form Dimension 1 2 3 4 5 6 7 8 9 10 Quality of leadership (helping you anticipate and address issues; design and implementation of an appropriate project approach) Quality of presentations and communication with a range of audiences Availability -- responsiveness Timeliness in meeting deadlines and/or project milestones Creativity demonstrated in financing How satisfied were you with the overall project and the solutions they provided you? How satisfied were you with their adherence to the project budget? Toz1711 of Avon, Colorado Date: Reviewer: Request Agent: Rating = Poor, Fair, Good, Excellent Evaluation Criteria Rating Comments Disciplines of Firm / Team (comprehensive, experience working together, unique/ beneficial relationships) Project Management Office (location — local or out -of- state, staffing capacity, reputation) History, Size, Depth of Firm (length of time in business, orientation of clients or projects — change over time, perceived as having a niche, infill vs. suburban experience) Implied Understanding of Vision (articulated vision and partnership roles) Experience / Public - Private Partnerships (number, infill vs. suburban, project types, complexity of financing) 31 Town of Avon, Colorado Request Agent (consistency with vision and goals expressed in Town Plans and documents, complimentary integration) ME= ?�otential Community Benefit Impacts (similarity with advancing community goals, infill vs. suburban, public sector role (if any), design quality) (expectations, description, % of effort) (see form) 7p M (appearance, communication with Town, expressed desire) �(D >* (D ) § . §2 � 2c -. 0 « �o !:-k ■2 ■ ■■ U)E m 0 CL § 0 _ ■2� ■ .CL$. _ .U) c.._■o 'A C 'A> 2 CL0 ■ ■�� ■© o c> CL ■o- �.- o $ 2 2 0.� CL © � \ 2 0 2 m o ±c= ■ � u�� 2 ■ ©2 0 4) c 'k d §CL c k0 \��k §�02 vu_ ■ = §c■ >, / J V } � 2 � � ` c ° \ C M �. ■ § \ a N 2�§ »2' cL E§ § \0 / 20/§ > 0 7 §� ƒ \m ■ 2&�±\§ c § \ § � k k ■ ■ - 0 2k2k ul cc� © ° ° ° \ k ° 2 �k ems■ §_� 02c © g g� E-E E \§ u 2 C ` § � 9§ 3 ° \ c \ ©■ § ■ 0 «22�2 2 _4) — \ ®2, 2� ■ 2 § 2 § \ & § 0) o © v§ —§ F\2 0 22 _ 0 ■\2�0 J __ ■ ■ ■ ., ©c o ©�2 . c c ;�c . ,� � 2 �2 ■ 0 § \CL - } ■ k C � � \2 ° \§ / \ � r2 c ■ § 0k\2 0o\^ ■/■ ac c� \ o c \ - ° 3 ■ CL _M 4) © $N \§40 = \% CL c ■ \ ; (D Ord@ \ ■ 2 § ® § ko E % 4 = § C2g2 c 0 ^�� \�2 V �oA § � d 30WC §2 § § 2 2 CL �0 ■ -M o 0 , k © C ° _ N - � �. _ 0c0 J CL CL $ / ■m « >Fc £ ■o. (D § AW �E § 0 U Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Matt Pielsticker, Plannerl:ip� Date: December 9, 2008 Council Meeting Re: Joint Work Session with Planning and Zoning Commission Tract B, Wildridge Summary: The Community Development Department received a `Pre- Application/Conceptual Review' application for a vacant piece of property in Wildridge — Tract B, Block 1. Prior to submitting a formal application for a design review or zoning application, applicants have the option to submit a Pre - Application /Conceptual Review application for non - binding feedback. A Pre - Application /Conceptual Review application can take one of three courses: 1) Staff Review & Development Review Committee (DRC); or 2) Community Development Committee (CDC); or 3) Planning and Zoning Commission and Town Council. The applicant/owner of the property, Philip Matsen of Gandorf Tract B, LLC, has elected to use the joint work session format with the Planning and Zoning Commission and Town Council. Attached to this Memorandum is the proposal from the applicant, which includes several proposed development options for the property. There is a vicinity map and a short narrative included, as well as conceptual site plan layouts showing different points of access. The subject property measures .38 acres and is located immediately north of the Wildridge Fire Station. The property is bordered by three streets: Wildridge Road, Old Trail Road, and Saddle Ridge Loop; hence, there are three 25' building setbacks that restrict site planning options. According to the Wildridge PUD, the property is currently zoned "Light Commercial" with 4 Apartments assigned. This particular zoning is unique for the Wildridge Subdivision and is the only commercially zoned piece of property in the subdivision. The PUD further defines `Light Commercial' as "retail sales and commercial service uses limited to food, groceries, household and automotive items limited to the sale of gasoline, oil, and related products, but not automotive repairs, provided for the convenience of Wildridge residents, their guests, and visitors; caretaker apartment units and municipal services are included in Light Commercial." Town Manager Proposal with Narrative, Vicinity Map, and 6 Design Alternatives r Gandorf Tract B Tract B, Block 1, Wildridge Subdivision AKA 2101 Saddle Ridge Loop / fire station lot. Proposed plans Plan A (The Original Plan) Light commercial units 2@ 900sf 2@ 600sf Caretaker apartment units 4@ 800sf Zoning approved. Plan B Rezone into two affordable housing duplex lots with a max of 2,200.00sf per unit (living space) New zoning Plan C Rezone into 6 affordable housing units 900.00sf each max. New zoning Plan D Sell %2 of the lot to Town Of Avon for 1/2 the appraised value for a park and ride, overflow park & fire station parking. The other half, build a post office and small cafe to make over 21 parking spots for the town of Avon. New zoning Plan E Sell the lot to the Town Of Avon for $489.000.00 and make it into a park and ride, park & fire station overflow parking. Plan E Trade lot for old unused Avon shop and lot on wildwood road. Tract n parcel # 194335404006 Rezone into 3 triplex lot for affordable housing units 1,800sf max per unit EDGE A91MOkT RM d " PLAN A. x GANDORF'S ORIGINAL PLAN 1": 20' LOWER LEVEL- PARKING S 3o MAIN LEVEL: (2) 600 SF + (2) 900 SF LIGHT COMMERCIAL UPPER LEVEL- (4) 800 SF CARETAKER'S APT. O �r cu A� 0 c 142 EAGLE MA4 PO 130X 46n AVOK 0081628 F. 9MAI49A48 MAC o Q rrrr z 0 wAftmw aw"whift dapdrdmi ■dbndbbn M*E ASWWT MA Ol PLAN B: 2 DUPLEXES I': 2C MFUEeS WrM ZWO SF PM KALF MWL" s In! F. 97049MG :z It3. 0. tiV c: F. 97049MG :z It3. a �_ ROD A5PKM-T ROAD LOWER LEVEL: PARKING MAIN U=PPER .900 UNIT R L... • 900 UNIT LOWER LEVEL 900 SF UNT MAIN LEVEL: 900 SF UNIT UPPER LEVEL: 900 SF UMT euttMNO . F.9" S0 y 4. °' N i rr _ .. EM. AW,WALT'F" . jl PLAN C: N (6) AFFODABLE HOUSING UNITS :w ; $ 1": 20' (6) 900 SF AFFORDABLE HOUSMG UNITS s. ff ily 3q D10E ASPK%LT RDA 3 a If PLAN D: PARK AND RIDE/ BUS STOP w $ 1": 20' BUS STOP, POST OFFICE, CAFE, (2) 900 SF APARTMENTS s Q SD' 2fY 3D' 0 0 cu c U) 142 EAGLE DR. A4 PO BOX 4873 AVON, 0081620 P. 97016D:M F. MAW MS T Z c W0 J�> �aa ac � maw to z o 4a C , } EDGE ASPHALT JtDA r �e 0 vvvv vs 8 ; COMMUNITY CENTER PLAN E: N COMMUNITY CENTER w $ 1": 20' RELOCATE BASKETBALL COURTS TO PROVIDE VIEWS OUT OF THE COMMUNITY CENTER s OP o� cu w_ c 142 EAGLE. DR, A0 OX 4 PO.O6n AVON,,0081620 P. 970290.5=, F. 94.948.094&