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TC Res. No. 2013-24 TOA Authorizing a Tabor Election on Nov 5,2013;fixing the ballort Title and QuestionTOWN OF AVON, COLORADO RESOLUTION NO. 13 -24 A RESOLUTION OF THE TOWN OF AVON AUTHORIZING A TABOR ELECTION ON NOVEMBER 5, 2013, FIXING THE BALLOT TITLE AND QUESTION, AND SETTING FORTH OTHER DETAILS RELATING THERETO. WHEREAS, the Town of Avon (the "Town "), is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the Town; and WHEREAS, the members of the Town Council of Town of Avon (the "Council ") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution ( "TABOR ") requires voter approval for any new tax, the creation of any debt and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 5, 2013, one of the election dates at which ballot issues may be submitted to the eligible electors of the Town pursuant to TABOR; and WHEREAS, §31 -11- 111(2), C.R.S., authorizes the Town to submit any question to the vote of the registered voters of the municipality by adoption of a resolution; and WHEREAS, the Council hereby determines that it is necessary to submit to the electors of the Town, at the regular election to be held on November 5, 2013, the question of incurring debt to finance certain public improvements as described in the ballot issue attached hereto as Exhibit A (the "Project ") and levying taxes to pay such debt; and WHEREAS, Section 3.1 of the Avon Home Rule Charter ( "Charter ") states that special and general municipal elections shall be governed by the Colorado Municipal Election Code of 1965 as now existing or hereafter amended or modified, except as otherwise provided in the Charter or as Council may prescribe by ordinance; and WHEREAS, pursuant to §31 -10- 102.7, C.R.S., of the Colorado Municipal Election Code of 1965 and Section 1.12.010 of the Avon Municipal Code, the Town has determined to utilize the requirements of the Uniform Election Code of 1992, Articles 1 lo 13 of Title 1, C.R.S. (the "Uniform Election Code "), and to coordinate a regular municipal election with Eagle County; WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated is hereby ratified, approved and confirmed. Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings defined in the Uniform Election Code. Section 3. A special election of the Town shall be held on November 5, 2013, and shall be conducted as a coordinated election to be conducted by the County Clerk and Recorder in accordance with the Uniform Election Code. Section 4. Pursuant to the applicable provisions of the laws of the State of Colorado and the Town Charter, the Town Council hereby submits to the registered electors of the Town, at such regular Town election to be held on November 5, 2013 (the "election ") the ballot issue specified in Exhibit A attached hereto. The ballot title shall be as set forth in Exhibit A attached hereto. Section 5. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in connection with the election. Section 6. If a majority of the votes cast on the question to authorize the bonds and the levy of taxes submitted at the election shall be in favor of issuance of the bonds and the levy of taxes as provided in such question, the Town acting through the Council shall be authorized to proceed with the necessary action to issue the bonds and levy the taxes in accordance with such question. Any authority to issue the bonds and levy the taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue the bonds and levy the taxes so authorized at any one time, or from time to time, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Section 7. If a majority of the votes cast on the ballot question authorize the issuance of bonds, the Town intends to issue such bonds in the approximate aggregate principal amount set forth in the ballot issue set forth in Exhibit A hereto to pay the costs of the Project, including the reimbursement of certain costs incurred by the Town prior to the execution and delivery of such bonds, upon terms acceptable to the Town, as authorized in an ordinance to be hereafter adopted and to take all further action which is necessary or desirable in connection therewith. The Town shall not use reimbursed moneys for purposes prohibited by Treasury Regulation §1.150-2(h). This resolution is intended to be a declaration of "official intent" to reimburse expenditures within the meaning of Treasury Regulation §1.150 -2. Section 8. Pursuant to the Uniform Election Code, any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 9. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution. Section 10. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. Section 11. The effective date of this resolution shall be immediately upon adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon, Colorado, on ( w WS a� , 2013. TOWN COUNCIL: By: Rich Carroll, Mayor CEA ATTEST: By: �a c wn Clerk [seal] APPROVED AS TO FORM: r.e.,i C Weiljown Attorney EXHIBIT A (Attach Form of Ballot Issue) PUBFIN /1676092.1 EXHIBIT A UNLIMITED TAX GENERAL OBLIGATION TOWN OF AVON DEBT BE INCREASED BY UP TO $12,560,000 WITH A UM REPAYMENT COST OF UP TO $22,685,936 AND SHALL TOWN TAXES BE SED BY UP TO $900,398 ANNUALLY SUBJECT TO THE FOLLOWING: (1) SUCH DEBT MAY BE ISSUED FOR THE PURPOSE OF FINANCING NOTTINGHAM PARK AND OTHER TOWN PARKS AND RECREATIONAL FACILITIES AND IMPROVEMENTS INCLUDING AN EXPANSION OF THE AVON RECREATION CENTER, AND ANY COSTS NECESSARY OR INCIDENTAL THERETO, INCLUDING WITHOUT LIMITATION, ANY COSTS WHICH THE TOWN MAY INCUR IN CONNECTION WITH THE DEBT OR IMPROVEMENTS TO BE FINANCED AND THE COST OF ESTABLISHING RESERVES TO SECURE THE PAYMENT OF SUCH DEBT; (2) SUCH DEBT MAY BE EVIDENCED BY THE ISSUANCE OF BONDS, LOAN AGREEMENTS, INTERGOVERNMENTAL AGREEMENTS OR OTHER MULTIPLE FISCAL YEAR FINANCIAL OBLIGATIONS WHICH CONSTITUTE A GENERAL OBLIGATION OF THE TOWN PAYABLE FROM ANY TOWN REVENUES AS THE TOWN COUNCIL MAY PLEDGE TO THE PAYMENT OF THE DEBT; (3) THE TOWN'S MILL LEVY MAY BE INCREASED IN ANY YEAR WITHOUT LIMITATION AS TO RATE BUT ONLY IN AN AMOUNT TO PAY THE PRINICIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND (4) SUCH DEBT MAY BE SOLD OR ENTERED INTO FROM TIME TO TIME AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT, ON SUCH TERMS AND CONDITIONS AS THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF PREMIUM; AND SHALL THE TOWN BE AUTHORIZED TO ISSUE DEBT TO REFUND THE DEBT AUTHORIZED IN THIS QUESTION, PROVIDED THAT AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT SET FORTH ABOVE, AND PROVIDED FURTHER THAT ALL DEBT ISSUED BY THE TOWN PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION; AND SHALL THE PROCEEDS OF SUCH DEBT AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED, AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? 1 PUBFIN /1666893.1 STATE OF COLORADO ) ) COUNTY OF EAGLE ) SS. ) TOWN OF AVON ) I, Patty McKenny, the Town Clerk of the Town of Avon, Colorado (the "Town "), do hereby certify: 1. Attached hereto is a true and correct copy of Resolution No. 13 -24 (the "Resolution ") passed and adopted by the Town Council of the Town (the "Council ") at a regular meeting of the Council held on August 27, 2013. z. The Resolution was duly introduced, moved and seconded and passed on at the regular meeting of August 27, 2013, by an affirmative vote of a majority of the members of the Council present at the meeting as follows: Name "Yes" "NO" Absent Abstain Rich Carroll, Mayor X David Dantas X Chris Evans X Todd Goulding X Jennie Fancher X Buz Reynolds X Jake Wolfe X 3. The members of the Council were present at the meeting and voted on the passage of such Resolution as set forth above. 4. The Resolution was approved and authenticated by the signature of the Mayor, sealed with the Town seal, attested by the Town Clerk and recorded in the minutes of the Council. 5. There are no bylaws, rules or regulations of the Council which might prohibit the adoption of said Resolution. 6. Notice of the regular meeting of [date], 2013, in the form attached hereto as Exhibit A was posted at the Avon Town Hall, 40o Benchmark Road, Avon, Colorado, not less than twenty - four h . r to the meeting in accordance with law. �NOFq�0 .AL . N SEAL: c n Clerk EXHIBITA (Attach Notice of Meeting) PUBFIN /1676102.1 r� AVON l TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 27, 2013 REGULAR MEETING BEGINS AT 4:00 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT "Buz" REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATH MCKENNY ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. 4:00 PM AVON LIQUOR AUTHORITY MEETING (SEE PAGE 3 FOR DETAILED AGENDA) 4:15 P.M. REGULAR COUNCIL MEETING 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) 3.1. Meet with Town Attorney for the purpose of receiving legal advice pursuant to Colorado Revised Statute §24- 6- 402(4)(b) related to settlement matters regarding Town of Avon v Traer Creek Metropolitan District, 2oo8 CV 0385 and Traer Creek, LLC, et.al. v Town of Avon 2010 CV 316. 3.2. Meet Pursuant to Colorado Revised Statute §24- 6- 402(4)(e) for the purpose of determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators. 5:45 PM REGULAR MEETING RECONVENES 4. MAYOR COMMENT 4.1 Update on Investigation in regards to Residency and Claims of Impropriety 5. PUBLIC COMMENT 6. ACTION ITEMS 6.1. Public Hearing Second Reading of Ordinance No. 13 -11, Series of 2013, Ordinance Establishing a Temporary Moratorium on the Operation of Marijuana Cultivation, Product Manufacturing and Testing Facilities, Retail Marijuana Stores and Marijuana Clubs (Patty McKenny, Assistant Town Manager) 6.2.Review and Possible Action on an Unlimited Tax General Obligation Voter Question for the November 5, 2013 Ballot for Recreation Center Phase 2 Expansion and Recreational Amenities (Estimated to begin at 6:30 PM) 6.2.1.Review of Facility and Improvements, including Program, Estimated Revenues and FINAL - Avon Council Meeting Agenda 13 08 27 final Page i AVON 0 1 11 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 27, 2013 REGULAR MEETING BEGINS AT 4:00 PM AVON TOWN HALL, ONE LAKE STREET Expenditures (Virginia Egger, Town Manager) 6.2.2. Resolution No. 13 -24, Series for 2013, A Resolution of the Town Of Avon Authorizing a Tabor Election on November 5, 2013, Fixing the Ballot Title and Question, and Setting Forth Other Details Relating Thereto (Scott Wright, Finance Director) 6.3. Action on Letter of Engagement with Sherman & Howard Attorney Calvin Hansen for the EagleBend Refinancing (Gerry Flynn, Executive Director EagleBend Housing Corporation) 6.4. Action on Request from the Vail Leadership BaseCamp for 1St Annual Corporate Leadership Conference to be held in Avon /Beaver Creek in October (Ross Iverson, General Manager Entrepreneurs BaseCamp) 6.5. Action on Intergovernmental Agreement with Eagle County for the Lease of Spaces in the 1 -70 Regional Transportation and Operations Facility (Jane Burden, Transportation Superintendent) 6.6. Public Hearing on Second Reading for Ordinance No. 13 -10, Series of 2013, Ordinance authorizing the execution and Delivery of a State & Municipal Lease /Purchase Agreement dated August 27, 2013 between the Town of Avon and Commerce Bank to purchase a loader, forklift and sander pursuant to the Exhibit A of such Agreement (Scott Wright, Finance Director) 6.7.VILLAGE AT AVON 6.7.1. Settlement Update (Eric Heil) 6.7.2. Remaining actions, if any, including but not limited to Bond Approval & Access Road WORK SESSION 7.1. Establishment of September 1o, October 8, 22 and 29 for Budget Work Sessions; and Public Hearing on November 26th (Virginia Egger, Town Manager) 7.2. Update on Bus Service to Buffalo Ridge Apartments (Jane Burden, Transportation Superintendent) 8. MINUTES FROM AUGUST 7, 2013 SPECIAL MEETING 9. FINANCIAL REPORT FOR AUGUST 2013 10. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 11. COUNCIL COMMENTS 12. MAYOR REPORT AND FUTURE AGENDA ITEMS ADJOURNMENT FUTURE AGENDA ITEMS: September loth: Meet with Eagle River Fire Protection District Representatives, Budget Discussion on 1) 3 -Year Revenue Projections, 2) Fees and Charges, 3) Fund Balances /Contingency Levels, URA Meeting: Bond Refinancing: Pedestrian Mall, Special Event Ticket Fee, Appoint Town Manager to serve on Housing Boards, Process for Hiring a Director of Economic Initiatives, Action on Agreement to Retain Special Water counsel FINAL -Avon Council Meeting Agenda 13 08 27 final Page 2 -rn NOTTINGHAM PARK RECREATION AMENITIES &INDOOR SPORTS /COMMUNITY CENTER - PHASE II RECREATION CENTER EXPANSION - DESTINATION JUMP, SPLASH, LEARN - UPPER FIELD IMPROVEMENTS - ICE RINK /SUMMER ACTIVITY CENTER RESOLUTION 13 -24 AUTHORIZING A TABOR ELECTION ON NOVEMBER 5, 2013 SOURCES Town of Avon Comprehensive Plan, February 20o6 Master Plan for Harry A. Nottingham Park, November 2008 Avon West Town Center District Investment Plan, August 2007 Town of Avon Comprehensive Transportation Plan, October 2009 NOTTINGHAM PARK RECREATION AMENITIES & INDOOR SPORTS /COMMUNITY CENTER PREPARED BY Justin Hildreth, Town Engineer Matt Pielsticker, Senior Planner John Curutchet, Interim Recreation Director Charlie Wolf, Recreation Program Supervisor William Gray, Building Official Joe Histed, Parks Supervisor Scott Wright, Finance Director Patty McKenny, Assistant Town Manager Pedro Campos, Landscape Architect & Land Planner, Zehren and Associates, Inc. Virginia Egger, Town Manager ZONE C - MASTER PLAN RECOMMENDATIONS ,41.M�lM!•nwMWwlw.. ,. Z Rbl�'Fgikfiy:ry - MnW w.triw�wlhl+l TYDM AUGUST 2013 •.•r. n.r . •w r.r.rn. LM^ rJ DEVELOPMENT PROGRAM FOR RECREATION AMENITIES TABLE OF CONTENTS Section 1: Overview & Purpose of Work Session Section z: Summary of Recreation Facility and Improvements Survey: August 15 - 22, 2013 Section 3: Recreation Center Expansion - Phase z 3.1 Phase z Expansion - Programming 3.2 Estimated Cost of Phase z Expansion, including Parking Section 4: Playground & irrigation Ditch: Destination Jump, Splash, Learn 4.1 Playground and Irrigation Ditch Enhancement: Destination Jump, Splash, Learn • Park Playground Vision • Preliminary Budget Section 5: Ice Rink & Upper Field Upgrade Options 5.1 Ice Rink Options 5.2 Upper Field Upgrade Options 5.3 Restroom Renovation 5.4 Estimated O &M Costs & Annual Revenues Section 6: Recreation Center Phase 2 Financing and Ballot Question • Sources and Uses Of Funds • Residential and Commercial Cost Analysis Based On Market Value Increments Of $300,000. • Election Considerations • Election Campaign • Resolution No. 13 -24: A Resolution of the Town of Avon Authorizing a Tabor Election on November 5, 2013, Fixing the Ballot Title and Question, and Setting Forth Other Details Relating Thereto Appendix 1: Summary of 2013 Town of Avon Council meetings - Recreation Facilities /Amenities Appendix i: Coordinated Ballot Election Section 1: Overview & Action on Resolution 13 -24 Authorizing a Tabor Election on November 5, 2013 ACTION REQUIRED: Action on Resolution 13 -24 Authorizing a TABOR election on November 5, 2013, is scheduled for a vote at the Avon Town Council meeting on August 27th. Resolution 13 -24, found in Section 6, presents to the voters a ballot question for approval of up to $12,56o,000 in long -term debt, financed by property tax. The debt is an extension of current property tax supported General Obligation bonds. There is a marginal increase to the property tax payer which is detailed below. The uses of the proceeds are described in the following sections. A final review of all proposed facilities and improvements has been completed since Council's work session on August 13, 2013, and are itemized in the table below. Key changes included: • Greater analysis was completed on meeting the parking demands for the Recreation Center Expansion. Section 3.2 provides updated calculations. • An in depth review of artificial turf on either the Upper or Lower Fields found that it is not a good alternative for the programs planned in Nottingham Park. The Lower Field takes on many shells during USA Salute and the proximity to elementary school could diminish exiting general uses by the school and public to protect the turf. Artificial turf does not accommodate large tents for special events. At this time the recommended use of funds is for reconstruction of the Upper Field with grass. • A detailed estimate of new programming and personnel and equipment costs was completed for the rte. additional space afforded by expanding the Recreation Center. The net result was a slight increase in the estimated net revenue. The work concludes that the expansion of the Recreation Center, with an indoor sports and multi -use community space, will cover all personnel and maintenance /operations costs. • Recreation Improvements Survey - A Recreation Facility and Improvements Survey was made available at the Recreation Center on August 15th The tabulations through August 22nd are provided in Section z. With 131 forms returned: ■ 72% of those who identified themselves as a "voter in Avon" indicated they would vote for the new tax for the facilities and improvements. ■ 92% supported the indoor sports area and community multi -use center. ■ Strong interest in upgrading the outdoor playground (79 %) and climbing wall addition (75 %) was checked. ■ All amenities on the survey were supported, with at least 52% of the respondents in favor of the item. The survey will continue through August 26th, when an update of the responses will be summarized. SECTION 1- Page i of 3 Summary of Nottingham Park Recreation Amenities &_Indoor Sports /Communi_ty-Center ESTIMATED COSTS FOR RECREATION FACILITIES /AMENITIES - CAPITAL WITH A 20+ YEAR LIFE AUGUST 13, 2013 IMPROVEMENT /PROJECT Estimated Cost & Status of Improvement in Bond Totals 5 -Year CIP - Pay -As- You -Go Recreation Center: Indoor sports areas and multi -use community center to include additional space for activities such as basketball, yoga and fitness space, $7,700,000 increased area for cardio/weights and special events (birthday parties, film or writer's festivals) Not included Parkingfor Recreation Center 1,290,000 Not included Destination Jump, Splash /Learn 770,000 2014 - 70,000 2015 - $700,000 Restroom Remodel 275,000 2o16 - $25,000 2017 - $250,000 Upper Field Reconstruction: Grass 350,000 Not included Ice Rink /Summer Activity Center 290,000 Not included Shower Remodel 6o,000 Not included Water Slide Replacement 100,000 2o16 Heat Recovery/HVAC -For Phase z Expansion 100,000 2010350,000 Transit Center SUB -TOTAL $10,935,000 Contingency 13% 1,421,550 TOTAL $12,356,550 a Property Tax Payments: To gain proceeds of $12,40o,000, a bond would be issued in the total amount of $12,56o,000. If the bond were issued for 30 years, the monthly cost to residential and commercial property owners, based on assessed value increments of $300,000, would be as follows: Residential Property Tax: Current 2013 Property Tax Paid on Debt: $6.02 /month Increase in 2014 for New Debt: $2.84 1month Commercial Property Tax: Current 2013 Property Tax Paid on Debt: $21.45 /month Increase in 2014 for New Debt: $7.91 /month Nottingham Park Stage: No monies are proposed for a stage in Nottingham Park. If a bond question were offered to the voters and successful, the funds can only be used for "Recreation" projects. Obviously, the passage of a bond issue for projects scheduled in the 5 -Year CIP, such as the playground, would free up funds for a stage. Town Council, in adopting the 2013 -2014 Strategic Plan, provided direction for work to be done as it pertains to Economic Development, the 2015 World Alpine Championships and general business practices of the Town. On May 28th, Town Council met in a Work Session and did a site walk with the purpose of reviewing: SECTION 1- Page 2 of 3 ■ Planning concepts for the development of Town -owned properties; ■ A preliminary update of Capital Projects Fund improvements expenditures to implement the Wyndham Mall construction ; other projects tied to the 2015 Alpine World Championships; and, implementation of special event venues as a key element in attracting, retaining and growing a diverse event calendar, and ■ The preliminary update of the Capital Projects Funds revenue projections, including the Town's available debt funding capacity utilizing existing revenue streams. The outcomes of that meeting and subsequent Council Work Sessions, which are summarized in Appendix 1, have resulted in a focus on major recreational facilities /amenities being considered for the November Stn ballot. Nottingham_ Park Recreation Amenities & Indoor Sports /Community Center The work on facilities and improvements to the Recreation Center since May has evolved into a synergistic program for Avon's most important resources: Nottingham Park and nearby Recreation Center. Should Council decide to ask the voters for approval of the program now developed, and if passed, the result would be a unique destination "place" in the Vail Valley for families, visitors and residents. The improvements would bring together a complete center for daily workouts, a set of encompassing winter and summer activities in one central area, which will be connected with the Pedestrian Mall to the gondola and east Avon. SECTION 1- Page 3 of 3 Section 2: Summary of Recreation Facility and Improvements Survey: August 15 - 22, 2013 TOWN OF AVON - RECREATION FACILITY AND IMPROVEMENTS SURVEY RESPONSES FOR THE PERIOD AUGUST 15 - AUGUST 22, 2013 The Town of Avon is considering asking voters this November to implement the Phase 2 expansion of the Recreation Center and to fund other recreation facility improvements. Please review the following choices and tell us if these recreation improvements would be of interest to you? 1o. If you are voter in Avon: Assume improvements and expansion of the Recreation Center would cost $12,500,000 and monthly property tax payments for residential property owners would be extended for 20 - 30 years. Would you be willing to support the following monthly property tax payment? Residential Property: Based on $3oo,000 Assessed Valuation Current monthly property tax being paid for past Town improvements: $6.02 Additional monthly cost for improvements: 2.31 Total monthly cost for up to 30 years $8.33 74 (72 %) Yes, I would support $8.33 per month 29 (28 %) No, I would not support $8.33 per month 1o3 Total Voters 11. Comments: Thank you very much for your time and participation. Have a great evening /day! CHECK ONE BOX EXPANSION OF THE RECREATION CENTER TO INCLUDE: YES NO 1. Indoor sports areas and multi -use community center to include additional space for activities such as basketball, yoga and fitness space, increased area for cardio /weights and special events (birthday parties, film or writer's festivals) 117/92% 10/8% 2. Squash or racquetball courts 77153% 68 /47% 3. A climbing wall 94/75% 32/25% 4. An indoor playground 69/54% 58/46% OTHER RECREATION FACILITIES & IMPROVEMENTS YES NO 5. New outdoor playground structure, outdoor fitness equipment and natural stream play and learn area 991791 27/21% 6. Ice rink for general skating, lessons and small game play at the Recreation Center; summer would be outdoor area for activities such as morning yoga, slack lines and games 81/64% 46136% 7. Remodeling of the Town Park Restrooms 78/62% 47 / 38% 8. Construct an ice sheet on Nottingham Park for sports like ice hockey and broomball 72156%, 56/44% 9. Put in a turf field near the elementary school 67152% 62/48% 1o. If you are voter in Avon: Assume improvements and expansion of the Recreation Center would cost $12,500,000 and monthly property tax payments for residential property owners would be extended for 20 - 30 years. Would you be willing to support the following monthly property tax payment? Residential Property: Based on $3oo,000 Assessed Valuation Current monthly property tax being paid for past Town improvements: $6.02 Additional monthly cost for improvements: 2.31 Total monthly cost for up to 30 years $8.33 74 (72 %) Yes, I would support $8.33 per month 29 (28 %) No, I would not support $8.33 per month 1o3 Total Voters 11. Comments: Thank you very much for your time and participation. Have a great evening /day! Section 3-1: Recreation Center Phase z Expansion - Programming 20.12 Avon Recreation District Commun ty_Survey =Key_F ndiniss 1. Cost /timing of programs were the top two deterrents of those that did not use the Avon Recreation Center (ARC) in the past year. Additional space would help to allow better suited times for users. 2. Those patrons who use the other recreation providers for programs /facilities not provided /or limited at ARC: 2.1 WECMRD: 71 %- Field House; 27% Youth Sports Leagues; 25% Gymnastics; 24% Adult Sports League; 18% Youth Camps; 14% Ice Arena 2.2 Vail Recreation District: 27% Ice Arena; 24% Adult Sports Leagues; 23% Youth Camps; 19% Nature Center; 18% Gymnastics; 15% Youth Sport Leagues 3. The ARC scored low on the variety of fitness equipment offered; an expansion of the weight /cardio areas would allow more varied equipment. 4. The lowest satisfaction scores for both ARC adult and fitness programs were for timing and scheduling; inadequate space is available to meet this interest. 5. Of the patrons who have children and attend the Recreation Center, 91% have children under the age of 18, indicating the importance of having child specific activities at ARC. 6. Written comment section of the survey: 6.1 Many requests for more yoga, a specific room would allow for more classes and more class times for each class. 6.2 More volleyball, currently one night per week is offered at the Avon elementary gymnasium, more times and larger space would allow better opportunities to play; offer leagues or shoot times. 6.3 More Teen programming 6.4 Requests for racquetball, squash, dance, Pilates - all programs which require appropriate space or facilities. SECTION 3.1 - Page 1 of i Section 3.2: Estimated Cost of Phase z Expansion, including Parking 2Q13 DESIGN PROGRAM & CONSTRUCTION_ ESTIMATE • The program, based upon further review of the Avon Recreation District Community Survey Results, June 2102, staff has recommended the building program at this time include the spaces itemized below. • Parking has been analyzed by Town Engineer Justin Hildreth and the cost and program to meet Town requirements are provided. PHASE z RECREATION CENTER PLAN — COST ESTIMATE SQ. FT. PER SF (FOOTNOTE 1) TOTAL GYMNASIUM /MULTI - PURPOSE SPACE 17,874 $122.59 $2O8.40 $3,724,995 CLIMBING WALL 2,900 $133.57 $Z27.07 $658,500 YOGA /OTHER ACTIVITY 1,600 $91.54 $155.62 $248,989 MEETING ROOM 1,600 $102.32 $173.94 $278,310 BASE BUILDING, INCLUDES EXPANDED FITNESS /CARDIO; POSSIBLE INDOOR 8,751 $187.28 $318.38 $2,786,1o8 PLAYGROUND TOTAL PHASE z BUILDING 32,725 $7,696,903 Estimated Site Costs $1,000,000 TOTAL ESTIMATED PHASE 2 BUILDING $8,696,903 PARKING ALTERNATE 1 - UNDER PHASE 2 (Footnote z) 1,450,000 $10,146,903 TOTAL ESTIMATE FOOTNOTE 1: Utilizing data from Engineering News - Record, a well- respected construction journal, shows construction cost for this region to have increased 70% since 1996. FOOTNOTE 2: See attached: PARKING ANALYSIS — PHASE z RECREATION CENTER EXPANSION & ICE RINK Note: The Gypsum Recreation Center's cost of construction for its building, including gymnasium, was $12,00i0,000, in 20o6. The building is 57,000 square feet, and also includes an indoor gymnastics center, 26 foot climbing pinnacle, climbing grotto, gymnasium, indoor track and indoor pool. SECTION 3.2 - Page 1 of 1 PARKING ANALYSIS H. A. Nottingham Park and Recreation Facilities Improvements August 22, 2013 Currently there are 350 public parking spaces in the Town Center West area including the Town Hall, Fire Station, Library, Lake Street, W. Beaver Creek Blvd, Recreation Center and the Season's Triangle parking lots. The current public buildings require 264 spaces assuming 4 spaces /i,000 SF and a 15% reduction for shared and mixed uses pursuant to §7.28.020(g)(2)(ii), Mixed Use Reduction, Avon Municipal Code. The spaces not required for the buildings provide parking for H.A. Nottingham Park. The expansion of the Recreation Center is planned for the east side of the existing building, in the east Recreation Center lot, which would result in a net reduction in parking spaces of approximately 69 spaces, depending on the final design of the Recreation Center expansion. An ice rink is proposed for the west side of the recreation center, in the location of the grass field and parking lot near the pool. The ice rink will require the closing of the west recreation center parking lot and the loss of the 44 parking spaces. A multi - purpose room /gym, expanded fitness room and flex meeting /yoga room will add approximately 32,750 SF to the Recreation Center, requiring 76 additional parking spaces for a total of 345 spaces required for the public facilities. 161 new parking spaces will be required to accommodate the new facilities and loss of parking. The new additional parking spaces can be installed in several locations including under the recreation center expansion, south of the Recreation Center, Lake Street and Benchmark Road south of The Seasons. • Fifty -one (51) spaces can be built under the Recreation Center expansion for approximately $3.7M. • Reconfigure the remaining portion of the Recreation Center lot with The Season's north lot and remove Benchmark Road for a total of 84 spaces. • 38 pull -in paces can be built along Benchmark Road for about $250,000. • Up to 48 parking spaces can be built along Lake Street for approximately $400,000. • These parking configurations would yield a total of 361 parking spaces, 16 more than what is required for the Recreation Center expansion and the existing facilities in the area. A summation of the parking program is provided in the table below. SECTION 3.2 PARKING ANALYSIS - Page 1 of 2 PARKING FOR RECREATION CENTER & ICE RINK Location Parking Spaces Cost Existing Parking Recreation Center East 81 Recreation Center West 44 Lake Street 39 Town Hall 88 Library and Fire 49 Season's Triangle Lot 34 W. Beaver Creek Blvd 15 TOTAL EXISTING SPACES 350 TOTAL REQUIRED SPACES WITH EXPANSION 345 Proposed Parking Options Recreation Center South 84 $ 650,000 Lake Street 87 $ 400,000 Town Hall 88 Library and Fire Station 49 Benchmark Road, South of Seasons Bldg. 38 $250,000 West Beaver Creek Blvd 15 TOTAL PROPOSED 361 $1,290,000 Alternate Parking Option The H.A. Nottingham Park Master Plan vision included 136 parking spaces located in the current location of Town Hall, and there are 95 spaces there currently. The plan in 2009 was for Town Hall to be relocated to the Fire Station site but recently there have been discussions that Town Hall could also be moved to south of the Recreation Center. In that option, all of the east Recreation Center lot would be consumed and the recreation center south lot would be smaller, probably accommodating on 40 spaces. This alternate option will result in a total of 365 public parking spaces in the area. This, of course, would require the use of Certificates of Participation to construct Town Hall as reviewed in the June 25, 2012, Development Concepts. Prepared by Justin Hildreth, Town Engineer August 22, 2013 SECTION 3.2 PARKING ANALYSIS - Page 2 of 2 Section 4.1: Playground and Irrigation Ditch Enhancement: Destination Jump, Splash, Learn Pedro Campos, Landscape Architect & Land Planner with Zehren and Associates, has been closely involved in the development of Avon's Master Plan for Harry A. Nottingham Park, November 20o8. Pedro was asked to state the vision from the Master Plan and develop a budget for improvements to the playground and irrigation ditch. As the project has been discussed internally, the moniker Jump, Slash, Learn has become a way to describe the opportunity for these improvements. Pedro's detailed letter and budgets follow this brief summation: • The improvements are seen as a key family destination. Located closer to the Recreation Center and Lake Street parking, a signature play structure would be incorporated into the stream area to create an environmental learning "place ". • A survey of other significant developed children playgrounds show the new trend of incorporating outdoor simple fitness equipment for teens and adults in close proximity to the play structures facilitating activity for those who are tending to children or just want an outdoor workout. • The preliminary budget for the improvements is $770,000. • In thinking about Nottingham's importance to children and families, it offers the opportunity for working in concert with the Mall improvements as child -based activities, located appropriately, will certainly bring residents and visitors into this important "venue ". These improvements might include a spray park and climbing rocks. ZONE C - MASTER PLAN RECOMMENDATIONS ' 4 ItiMMYi�MN99FG+LFEW . SECTION 4.1 - Page i of i v �k August 7, 2013 Virginia Egger / Justin Hildreth Town of Avon Post Office Box 975, Avon, CO 81620 Email: vegger @avon.org / ihildreth @avon.org Phone: 970-748-4009 RE: Town of Avon — Nottingham Park Playground —Vision and Preliminary Budget Dear Virginia and Justin, Thank you for the opportunity to work with you and staff on the vision and preliminary budget for the Nottingham Park Playground. This memorandum outlines the vision for the playground and supplements the preliminary budget we have developed collaboratively over the past month. As you are aware I was intimately involved in the development of the Nottingham Park Master Plan. A major improvement recommended by the Master Plan is the replacement and relocation of the existing playground with a new more modern, diverse, and unique playground sited closer to Lake Street and the Recreation Center integrated within the area of the park where there are flowing irrigation ditches, mature trees, and the existing park restrooms. The improvement and relocation of the playground is being considered in context with other broader improvements through out the west Town Center in order to create a synergy of activity and uses that will elevate the experience of both visitors and resident alike. The vision for the playground is to become a key family destination that incorporates environmental education, new fitness oriented play structures for kids of different age groups, safe surfacing, and `playscapes' utilizing natural materials and features such as boulders, logs, and water. As represented in the attached illustrations that are included in the Park Master Plan, the concept is to enhance the irrigation ditches that flow through the east area of the park in concert with the incorporation of a new playground immersed in the canopy of the existing trees, and accessible by the nearby asphalt paths connecting to Lake Street and the other park paths and trails. The enhancement of the irrigation ditches is intended to allow safe interaction of children with water, by creating rock shelves and eddies, and opportunities for contact and play with water as well as education relative to water conservation and the hydrologic cycle. Relative to new play structures, equipment, and surfacing several images are attached that show the general character of new and emerging play equipment that is focused on children's agility, mobility and strength development, incorporating climbing features with ropes, bars, and vertical panels. The concept is to integrate several of these new features geared to different children's age groups in a creative composition within the new playground area. They would be placed in a configuration taking advantage of the shade provided by the canopy of existing trees, and close proximity to the existing picnic shelter and restrooms, also to be improved hand in hand with the playground improvements. A new surface of crumb rubber mulch, and a Z E H R E N AND ASSOCIATES August 7, 2013 Virginia Egger / Justin Hildreth Town of Avon Post Office Box 975, Avon, CO 81620 Email: vegger @avon.org / ihildreth @avon.org Phone: 970-748-4009 RE: Town of Avon — Nottingham Park Playground —Vision and Preliminary Budget Dear Virginia and Justin, Thank you for the opportunity to work with you and staff on the vision and preliminary budget for the Nottingham Park Playground. This memorandum outlines the vision for the playground and supplements the preliminary budget we have developed collaboratively over the past month. As you are aware I was intimately involved in the development of the Nottingham Park Master Plan. A major improvement recommended by the Master Plan is the replacement and relocation of the existing playground with a new more modern, diverse, and unique playground sited closer to Lake Street and the Recreation Center integrated within the area of the park where there are flowing irrigation ditches, mature trees, and the existing park restrooms. The improvement and relocation of the playground is being considered in context with other broader improvements through out the west Town Center in order to create a synergy of activity and uses that will elevate the experience of both visitors and resident alike. The vision for the playground is to become a key family destination that incorporates environmental education, new fitness oriented play structures for kids of different age groups, safe surfacing, and `playscapes' utilizing natural materials and features such as boulders, logs, and water. As represented in the attached illustrations that are included in the Park Master Plan, the concept is to enhance the irrigation ditches that flow through the east area of the park in concert with the incorporation of a new playground immersed in the canopy of the existing trees, and accessible by the nearby asphalt paths connecting to Lake Street and the other park paths and trails. The enhancement of the irrigation ditches is intended to allow safe interaction of children with water, by creating rock shelves and eddies, and opportunities for contact and play with water as well as education relative to water conservation and the hydrologic cycle. Relative to new play structures, equipment, and surfacing several images are attached that show the general character of new and emerging play equipment that is focused on children's agility, mobility and strength development, incorporating climbing features with ropes, bars, and vertical panels. The concept is to integrate several of these new features geared to different children's age groups in a creative composition within the new playground area. They would be placed in a configuration taking advantage of the shade provided by the canopy of existing trees, and close proximity to the existing picnic shelter and restrooms, also to be improved hand in hand with the playground improvements. A new surface of crumb rubber mulch, and or rubberized mats will be incorporated to make the playground safe and comfortable for it users. In addition, as included in the Park Master Plan, naturalistic play areas geared to use across all seasons would be incorporated such a boulder maze of alternating heights for skipping, climbing, and hopping over during dry months and also in winter when covered in snow. Lastly, an area with a cluster of outdoor fitness equipment for use by teens and adults is also proposed as part of the playground complex, and as an exercise - oriented use that relates to the path around the Lake used by many as a jogging loop. Some images of the type of equipment contemplated are also attached for reference. In association with these improvements a preliminary budget has been prepared that is consistent with the cost range included in the master plan implementation matrix. The preliminary budget of approximately $770,000 includes the demolition and reclamation of the existing playground area as additional lawn space to be used for special events and as an extension to the existing multi -use field within the park. The preliminary budget includes all the elements that are contemplated for the new playground, including an additional new shade structure, new park furnishings, and the site improvements that would be required, including enhancement of the irrigation ditches. The park restrooms are part of a separate budget and not included as part of the playground preliminary budget. However the intent is for both playground and restroom improvements to be planned, designed and installed simultaneously in order to be coordinated and take advantage of inherent relationships. Thank you again for the opportunity to address these exciting improvements working with your team. On a professional level it is very gratifying to give continuity to the vision and ideas that are included in the Park Master Plan towards its potential fulfillment. Likewise, on a personal level, as a local resident, the contemplated plans and improvements are very exciting for our family as well as our friends and neighbors. Please let me know if you have any questions or concerns, and if I can be of further assistance to this effort. I would look forward to helping present and review some of these ideas in person if it helps explain the vision, rationale and overall planning and design intent. Very truly yours, Pedro Campos, RLA / ASLA Landscape Architect & Land Planner Zehren and Associates, Inc. Z E H R E NAND ASSOCIATES, INC. 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Cl) m U En c4 E -O U a C ._. �0 -O C a N O- O ❑ =, z C :C a) E {— LO W C N -p E F C O — o o d C W Z _ _ Q m n C E � W 0 m Ix a) m O a) a) 0) m m U 0 C O) L i Q) CO Z N i4 N ca Z Q O '� � _O - U .O V) L V1 C 0 — CLi a7 O C7 (4 W 0 cu CD CO CD E 0 Q) (� a _ < W W -0 -0 c _m m 5 U E5 0) U) W c mac) J X71 C°�� +� J mm= = a)a c0i 0� m •O+ z W w m o m -, o 0 i°— a 0 as rnrn� �� m�m�co i—° 0 Q CL Q y w d0) °—) 0 `� @ m m w m p zaco = o aE) ❑� =FC7 Cl) z aa)i a3i m a3) aa)) o a3) zzaa -i ZW<ZZMZ U) 0 (1)) ❑ 0 H Section 5.1: Ice Rink Options Nottingham Lake is no longer considered a viable option for an ice rink due to variable winter conditions, on -going safety concerns, and overall higher maintenance costs. Staff is in the process of evaluating the feasibility of using the main athletic field during winter months for an ice rink. For the purpose of this Work Session, the reprogramming of the area in the front (west side) of the Recreation Center was assessed in more detail. Approximate location and dimensions of Ice Rink & Turf Activity Field Example of Pro Wall T" Portable Wall System installation A portable ice rink wall system was priced out for a 140' x 64' rink, with 2o' radius corners. The panels themselves would be 42" high x 8" wide. The panels would be constructed with molded UV stabilized polyethylene, and secured together. Price for this type of wall system is $2 2,_000. The cost for artificial turf in the green highlighted area above is approximately $1oo,000 (based on $6 /per SF). Included some demolition work and grading, the total project cost for this area is $230,000. Ice Rink Chiller: To extend the ice season, a 2007 estimate from Trane indicated the cost to be $245,000. Staff will look to check that charge with other agencies who have installed mechanical ice freezing systems. SECTION 5.1 -Page 1 of i Section 5.2: Upper Field Upgrade Options The Upper Field at Nottingham Park has been heavily used and in need of upgrading. The project is not yet included in the Town's Five Year Capital Improvements Plan. As the Town looks to attract additional special events, the field is integral to both sporting and cultural larger scale productions and tournaments. Two options have been evaluated: Rebuild_and_Replace with Grass__ Estimated Cost $350,000 • Pro: Less costly upgrade; easier for placing tents • Con: Costly to maintain, high water user, higher "wear" from week to week Rebuild and Replace with Turf $534,000 72,900 sq. ft. @a $6.75/sq. ft. • Pro: Durable from event to event; are reported to be less costly to maintain; and opens the field more quickly once sun and warm weather appear • Con: More costly; a $30,000 cover should be purchased for crowd based events; may limit size of tents which can be placed on the surface due to anchoring limits A third option was evaluated to assess whether turf would be better placed on the Lower Field. A review indicated that many hot shells from USA Salute land on the field which would cause a scorching of the artificial surface. The final conclusion is not to install turf on either the Upper or Lower Fields due the multi -use requirements on the fields. The Upper Field repair with grass is, therefore, included in the bond issue proposal. SECTION 5.2 - Page 1 of 1 Section 5.3: Restrooms Renovation Town Building Official Willey Gray evaluated the Nottingham Park restroom and reported the following: Current Condition: • Building is old and in need of paint and upgrades • Building does not meet current ADA requirements • Building does not have ventilation • Building floor drains do not connect to sewer • Building does not meet current energy conservation requirements Building Information: • Building is approximately. 24X24, rounded to 60o sq. ft. • Building is CMU construction (cinder block) with wood siding and wood frame roof • Toilets are china and sinks are stainless steel • Floors are painted concrete, walls are painted CMU's • Current fixture count does not fall into an occupancy category, because the park is not an occupancy. This facility is an amenity not a required building. Current fixture count can stay the same, with portable toilets meeting high special event counts. Upgrade Options: 1. Rebuilding the Building with Similar Construction: Based on quick quotes from local suppliers, Gallegos corp. Edwards Building Center, Elliot Concrete, Granger supply co. and Jerry Sibley plumbing, costs come in at $300.0o a square foot. These costs are conservative and do not include mechanical and finishes related to ADA and metal stalls. No excavation or design work have been included. 600sq.ft. X $300 = $180,000.00 + for ADA /energy conservation 2. Upgrade the Building: Utilize higher grade, durable materials. 600sq.ft. X $458 = $275,000 (may be adequate for ADA /energy conservation) 3. Modular: Evaluate quality and price SECTION 5.3 -Page i of i Section 5.4: Estimated O &M Costs: Utilities & Maintenance & Annual Revenues Total Estimated Utilities Maintenance and Equipment Repl_acementl4��00=$1�5 800 Senior Planner Matt Pielsticker developed these estimated annual costs using different methodologies depending on the expense. Utilities: $95,900 - $104,700 The operating pro -forma budget for the planned 63,100 sq. ft. Crown Mountain Recreation Center (CMRC) was prepared by GreenPlay, LLC, experts in recreation facility management and operations. The CMRC will be constructed in El Jebel, if approved by voters in November. CMRC staff also took the additional step to request that operators of Glenwood Springs, Carbondale, Fruita and Gypsum review the operating assumptions and projections, and their input was incorporated. For purposes of calculating the proposed mill levy increase to support CMRC O &M, Utilities were calculated at $3.20 per sq. ft. based on the actual 2012 Gypsum Recreation Center utility expenses. Based on that formula, the estimated Utility costs for Avon Phase II Expansion — 32,725 sq. ft. x $3.20 = $104,720 per year Staff evaluated the 2012 actual costs for the Avon Recreation Center which totaled $116,332 for the 39,687 sq. ft. of existing space = 2.93 per sq. ft. per year. These costs do not include heat recovery expenses and therefore Staff is comfortable with this average price per sq. ft. Estimated Utilities for Avon Phase II Expansion —32,725 sq. ft. x $2.93 = $95,884per year Maintenance: $25,500 — $31,100 The operating pro -forma is based on Recreation Center staff keeping building and all equipment clean during the operational hours of the facility. A contractual janitorial service is included in deep cleaning of restrooms at a minimum of 5 nights per week. The Maintenance level, as described, is estimated at $.95 per sq. ft. per year. [John Curutchet, Interim Recreation Director, estimated the cost may be kept to $.75 sq. ft. per year hiring a full time building attendant versus using contract cleaning services: $25, 543•1 Estimated Maintenance for Avon Phase 11 Expansion — 32,725 sq.. ft. x $.95 =- $31,o88 per year [•33 acre Destination Jump, Splash, Learn, with outdoor fitness component would cost an estimated $0.50 per sq. ft. maintenance cost, yielding an annual increase of $7,26o. — John Curutchet, Interim Recreation Director] Equipment Replacement: $20,000 The fitness area at the Rec Center currently has the following fitness equipment: Adaptive Motion Trainers (2), Rowers (2), Recumbent Bikes (4), Upright Bikes (4), Step mills (1), Treadmills (5), Ellipticals (8), and Incline Trainers (2). These machines have estimated useful lives of 3 years and can range in cost from about $1,500 for rowers to upwards of almost $9,000 for treadmills with multi -media capabilities. Free weights and circuit weight SECTION 5.4 - Page i of 2 machines are not included because these typically these have a much longer estimated useful life and are much less expensive. Total 2012 replacement charges were $38,903 for the above fitness equipment. It is estimated if the fitness area was doubled in size we could expect have half -again as many fitness machines. Estimated incremental annual cost of equipment re placement: $20,000 per year. Estimated Revenues: Revenues are net of all personnel costs. Scenario: Phase 2 Revenue Generation Model Increase Total Net Current Calculation Revenue after Staffing Admission Fees* $790,000 15% $118,500 Fitness Programs $40,000 high demand for more $8,200 classes Adult Programs $12,000 new leagues; variety of $9,36o activity use ' Youth Programs $109,000 expanded programming $3,325 Rentals, including birthday Gypsum Rec Center $15,000 parties and celebrations 2011 = $19,900 ANNUAL REVENUES $154,385 SECTION 5.4 - Page 2 of 2 HEART of the VALL[Y • TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Scott Wright, Finance Director Date: August 27, 2013 Re: Resolution No. 13 -24 Authorizing a TABOR election on November 5, 2013, and Fixing the Ballot Title and Details Summary September 6 is the due date for certifying the ballot question to the County. Therefore, Tuesday, August 27fl' is the last regularly scheduled Avon Town Council meeting where this can be accomplished. In summary, the ballot question asks the voters to approve up to $12,560,000 in debt, with a total repayment cost of up to $22,685,936, and asks the voters to approve increasing taxes annually to pay the debt sei vice on such debt. The debt may be used for "the purpose of financing Nottingham Park and Recreational Facilities and hnprovements including an expansion of the Avon Recreation Center ". Sources and Uses Based on the total estimated project cost, the sources and uses of funds indicates a total bond issuance of $12,560,000. The interest rates assumed are based on a AA rating as of August 7, 2013. The table below shows the repayment costs and estimated mill levy requirements for three different bond maturities. The decision as to the term of the debt won't be made until such time that the bonds are issued. This table is included only for purposes of establishing the upper ranges of the cost of repayment and the annual amount of taxes to be increased. • Page 1 Term 20 Years 25 Years 30 Years Net Bond Proceeds $12,400,000 $12,400,000 $12,400,000 Repayment Cost $18,048,817 $20,293,769 $22,685,936 Net Interest Cost 3.772856% 4.116953% 4.341269% Mill Levy 4.940 mills 4.455 mills 4.157 mills Incremental Cost on $300K Home $45.68/yr.; 3.81/mo. $34.10 /yr.; $2.84/mo. $26.98/yr.; $2.25/mo. Total Cost on $300K Home $117.97/yr.; $9.83mo. $106.98/yr.; $8.86/mo. $99.26/yr.; $8.27 /mo. Election Considerations Election considerations to be deliberated include the following: • The general consensus is that interest rates will be going up so it may be better to get into the market as soon as possible. • What is happening to construction and material costs in Eagle County? Might they increase if an election is delayed? • Is it better to have a debt election in an odd year when there are no Council races or is it better to wait for a higher turn-out in an even year election? The 2014 election will see many partisan races including Governor, U.S. Senator, Congress and legislative campaigns. • In 2013 there will be at least one statewide tax election (the sales and excise tax on marijuana) on the ballot and there may also be the education tax increase. Are there other financial elections that may be on the 2013 ballot competing for voter's attention? On the other hand, it is impossible to predict what measures will be on the 2014 ballot. In 2014, there may be initiated constitutional measures on the ballot (which cannot occur in 2013). • Is there enough time to generate community support in 2013? • Are there other controversial issues facing the Town now which might influence the result? • What is the status of design and preliminary engineering? Is it better to wait until there are firmer construction estimates? Election Campaign If Town Council approves the resolution certifying the ballot question, a citizens committee will need to be formed in order to promote and market the election. Additional information will be • Page 2 provided at the meeting Tuesday regarding the next steps in organizing and promoting the election. Attachments: A - Resolution No. 13 -24 and Exhibit A 0 Page 3 TOWN OF AVON, COLORADO RESOLUTION NO. 13 -24 A RESOLUTION OF THE TOWN OF AVON AUTHORIZING A TABOR ELECTION ON NOVEMBER 5, 2013, FIXING THE BALLOT TITLE AND QUESTION, AND SETTING FORTH OTHER DETAILS RELATING THERETO. WHEREAS, the Town of Avon (the "Town "), is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the Town; and WHEREAS, the members of the Town Council of Town of Avon (the "Council ") have been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution ( "TABOR ") requires voter approval for any new tax, the creation of any debt and for spending certain moneys above limits established by TABOR; and WHEREAS, TABOR requires the Town to submit ballot issues (as defined in TABOR) to the Town's electors on limited election days before action can be taken on such ballot issues; and WHEREAS, November 5, 2013, one of the election dates at which ballot issues may be submitted to the eligible electors of the Town pursuant to TABOR; and WHEREAS, §31 -11- 111(2), C.R.S., authorizes the Town to submit any question to the vote of the registered voters of the municipality by adoption of a resolution; and WHEREAS, the Council hereby determines that it is necessary to submit to the electors of the Town, at the regular election to be held on November 5, 2013, the question of incurring debt to finance certain public improvements as described in the ballot issue attached hereto as Exhibit A (the "Project ") and levying taxes to pay such debt; and WHEREAS, Section 3.1 of the Avon Home Rule Charter ( "Charter ") states that special and general municipal elections shall be governed by the Colorado Municipal Election Code of 1965 as now existing or hereafter amended or modified, except as otherwise provided in the Charter or as Council may prescribe by ordinance; and WHEREAS, pursuant to §31 -10- 102.7, C.R.S., of the Colorado Municipal Election Code of 1965 and Section 1.12.010 of the Avon Municipal Code, the Town has determined to utilize the requirements of the Uniform Election Code of 1992, Articles 1 to 13 of Title 1, C.R.S. (the "Uniform Election Code "), and to coordinate a regular municipal election with Eagle County; WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the election. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AS FOLLOWS: Section 1. All action heretofore taken (not inconsistent with the provisions of this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated is hereby ratified, approved and confirmed. Section 2. Unless otherwise defined herein, all terms used herein shall have the meanings defined in the Uniform Election Code. Section 3. A special election of the Town shall be held on November 5, 2013, and shall be conducted as a coordinated election to be conducted by the County Clerk and Recorder in accordance with the Uniform Election Code. Section 4. Pursuant to the applicable provisions of the laws of the State of Colorado and the Town Charter, the Town Council hereby submits to the registered electors of the Town, at such regular Town election to be held on November 5, 2013 (the "election ") the ballot issue specified in Exhibit A attached hereto. The ballot title shall be as set forth in Exhibit A attached hereto. Section 5. The Town Clerk is hereby appointed as the designated election official of the Town for purposes of performing acts required or permitted by law in comnection with the election. Section 6. If a majority of the votes cast on the question to authorize the bonds and the levy of taxes submitted at the election shall be in favor of issuance of the bonds and the levy of taxes as provided in such question, the Town acting through the Council shall be authorized to proceed with the necessary action to issue the bonds and levy the taxes in accordance with such question. Any authority to issue the bonds and levy the taxes, if conferred by the results of the election, shall be deemed and considered a continuing authority to issue the bonds and levy the taxes so authorized at any one time, or from time to tune, and neither the partial exercise of the authority so conferred, nor any lapse of time, shall be considered as exhausting or limiting the frill authority so conferred. Section 7. If a majority of the votes cast on the ballot question authorize the issuance of bonds, the Town intends to issue such bonds in the approximate aggregate principal amount set forth in the ballot issue set forth in Exhibit A hereto to pay the costs of the Project, including the reimbursement of certain costs incurred by the Town prior to the execution and delivery of such bonds, upon terms acceptable to the Town, as authorized in an ordinance to be hereafter adopted and to take all further action which is necessary or desirable in connection therewith. The Town shall not use reimbursed moneys for purposes prohibited by Treasury Regulation § 1.150 -2(h). This resolution is intended to be a declaration of "official intent" to reimburse expenditures within the meaning of Treasury Regulation § 1.150 -2. Section 8. Pursuant to the Uniform Election Code, any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set. Section 9. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution. Section 10. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. Section 11. The effective date of this resolution shall be immediately upon adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Avon, Colorado, on , 2013. TOWN COUNCIL: ATTEST: By: Rich Carroll, Mayor By: Patty McKenny, Town Clerk [seal] APPROVED AS TO FORM: By: Eric Heil, Town Attorney EXHIBIT A (Attach Form of Ballot Issue) PUBFIN/1676092.1 EXHIBIT A UNLIMITED TAX GENERAL OBLIGATION SHALL TOWN OF AVON DEBT BE INCREASED BY UP TO $12,560,000 WITH A MAXIMUM REPAYMENT COST OF UP TO $22,685,936 AND SHALL TOWN TAXES BE INCREASED BY UP TO $900,398 ANNUALLY SUBJECT TO THE FOLLOWING: (1) SUCH DEBT MAY BE ISSUED FOR THE PURPOSE OF FINANCING NOTTINGHAM PARK AND RECREATIONAL FACILITIES AND IMPROVEMENTS INCLUDING AN EXPANSION OF THE AVON RECREATION CENTER, AND ANY COSTS NECESSARY OR INCIDENTAL THERETO, INCLUDING WITHOUT LIMITATION, ANY COSTS WHICH THE TOWN MAY INCUR IN CONNECTION WITH THE DEBT OR IMPROVEMENTS TO BE FINANCED AND THE COST OF ESTABLISHING RESERVES TO SECURE THE PAYMENT OF SUCH DEBT; (2) SUCH DEBT MAY BE EVIDENCED BY THE ISSUANCE OF BONDS, LOAN AGREEMENTS, INTERGOVERNMENTAL AGREEMENTS OR OTHER MULTIPLE FISCAL YEAR FINANCIAL OBLIGATIONS WHICH CONSTITUTE A GENERAL OBLIGATION OF THE TOWN PAYABLE FROM ANY TOWN REVENUES AS THE TOWN COUNCIL MAY PLEDGE TO THE PAYMENT OF THE DEBT; (3) THE TOWN'S MILL LEVY MAY BE INCREASED IN ANY YEAR WITHOUT LIMITATION AS TO RATE BUT ONLY IN AN AMOUNT TO PAY THE PRINICIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT; AND (4) SUCH DEBT MAY BE SOLD OR ENTERED INTO FROM TIME TO TIME AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCK DEBT, ON SUCH TERMS AND CONDITIONS AS THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF TIE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF PREMIUM; AND SHALL THE TOWN BE AUTHORIZED TO ISSUE DEBT TO REFUND THE DEBT AUTHORIZED IN THIS QUESTION, PROVIDED THAT AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT SET FORTH ABOVE, AND PROVIDED FURTHER THAT ALL DEBT ISSUED BY THE TOWN PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION; AND SHALL THE PROCEEDS OF SUCH DEBT AND ANY INVESTMENT INCOME THEREON BE COLLECTED, RETAINED, AND SPENT AS A VOTER APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? PUBFIN /1666593. I Appendix is Summary 2013 Town of Avon Council Meetings — Recreation Facilities /Amenities SUMMARY 2013 TOWN OF AVON COUNCIL MEETINGS RECREATION FACILLITIES /AMENITIES FEBRUARY.1.6, 2013__- COUNCIL ACTLON 2013 -14 STRATEGIC PLAN ADOPTED BY TOWN COUNCIL ■ Support Business Vitality ■ Review Asset And Five -Year Capital Plans ■ 2015 World Alpine Championships (2015wac): Plan And Produce Stellar Events Staff Work Plans Developed To Implement MAY 28, 2013 . — WORK SESSION On May 28th, Town Council met in a Work Session and did a site walk with the purpose of reviewing: Planning concepts for the development of Town -owned properties; A preliminary update of Capital Projects Fund improvements expenditures to implement the Wyndham Mall construction ; other projects tied to the 2015 Alpine World Championships; and, implementation of special event venues as a key element in attracting, retaining and growing a diverse event calendar; and The preliminary update of the Capital Projects Funds revenue projections, including the Town's available debt funding capacity utilizing existing revenue streams. While no definite decisions were made or needed to be made at the meeting, Town Council provided direction on three Town -owned parcels: Lot 5 and Swift Gulch should not be considered for location of Town Hall services, but be utilized for transit, fleet, parks and road and bridge operations. It is important to keep "Town Hall" in the core of Avon. The Main Street project should be developed as a pedestrian way and not planned for vehicles, in the near future. In addition, Council did not give strong support to a co- location of Town Hall with other general purpose governments on sites outside of the core downtown area. Town Council, during the Work Session, asked for additional information on a number of key planning elements, including, but not limited to: 1. Parking capacity should be estimated for the current Fire Station /Library and Town sites; 2. Feasibility of locating Town Hall on top of the Recreation Center and as a co- location with the Library on Nottingham Lake; and validate leases; 3. Modify improvements of the Mall project, including Lettuce Shed Lane, as a pedestrian only use and identify nodes and improvements. 4. Expand information on Phase 2 Expansion of the Recreation Center, including program, costs and opportunities for management with WECMR or Eagle -Vail Metro Districts; 5. Provide more detail on artificial turf and ice rink options; 6. Develop bonding schedules and timeframes to advance the master planning and implementation of a facilities on Town -owned property in the Core; and 7. Feasibility of widening the Railroad Bridge for a pedestrian and /or trolley lane should be assessed. SECTION 2 - Page 1 of 2 JUNE_25,_zoi3,- WORK-SESSION DEVELOPMENT CONCEPTS FOR CAPITAL FACILITIES ONTOWN -OWNED PROPERTIES • Facility location options • Recreation Center Phase II Expansion: bonding capacity, 1996 proposed program, estimated costs of construction, schedules and ice rink options ■ Several new details evolved from the work: If the Phase z Recreation Center Expansion proceeds, the heat recovery generation capacity is not sufficient to meet the needs of the Phase 2 Expansion and snowmelt of the Mall, including Avon Station and Lettuce Shed Lane. The use of the surplus heat from the recovery system at the Recreation Center is preferable: 1) low infrastructure costs for implementation, and z) the system is most efficient when in continual demand versus for a more sporadic use such as snowmelt. Snowmelt of Mall areas and Avon Station, if desired, should be studied as taps onto existing natural gas service lines in the area. z. Refinancing of the URA bonds and gaining additional net funds cannot be done until the County Assessor issues the preliminary Assessed Valuation for the Town. This is provided on or about August 23rd. A bond issue, with URA increment monies, can be extended to 2032 versus 2028, providing additional revenue, however, a 1.25 times coverage would be required. 3. The development of the Mall from the Recreation Center to Benchmark Road, as a pedestrian way, with replacement of the asphalt and more simplified augments, including landscaping and placement of Avon Road bronzes and benches is estimated to cost $1,982,000. Direction to staff to continue to refine costs and O &M and to prepare information and documents for a potential ballot question on November Stn asking voter to consider a mill levy extension to support the expansion of the recreation center and other recreation amenities. Develop a telephone community survey for the proposed recreation improvements JULY 17,2013 - WORK SESSION_ RECREATION CENTER PHASE II EXPANSION AND RECREATION AMENITIES- BALLOT ISSUE • Council stated a preference, if going to the ballot, for a Unlimited Tax General Obligation issue • Council decided not to pursue a Telephone Survey • Reviewed schedule for actions needed prior to November 5th • ACTION: Council approved notice to Eagle County Clerk and Recorder that the Town intends to participate in the November 5, 2013 Coordinated Mail Ballot Election. The notice may be rescinded if no ballot question is proposed. Direction to staff to more fully develop costs and summarize programming for the expansion space. A_ UGUST 13, 2013 - WORK SESSION • IGA with Eagle County for a Coordinated Mail Ballot Election (must be signed by August 27th) • Update on estimated costs for all recreational amenities considered • Review of activity programming in Phase II Expansion • Financing and Ballot Question; Election Considerations; Election Campaign Allowances TBD - DATE OF M.EETING(S) • Certification of ballot question, if desired • Begin review of URA Bond Refunding and Additional Proceeds in September, including cost estimates for pedestrian mall improvement SECTION 2 - Page 2 of 2 APPENDIX 2 C (" L 0 R A z) 0 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Patty McKenny, Assistant Town Manager Date: August 8, 2013 Agenda topic: Action on IGA with Eagle County concerning Administration and Conduct of November 5, 2013 Coordinated Mail Ballot Election The attached Intergovernmental Agreement (IGA) sets forth the administration and conduct of the November 5, 2013 Coordinated Mail Ballot Election. If the Town Council approves the IGA, the town would participate in the upcoming November election with a ballot question that proposes funding for Recreation Center Phase II expansion and recreational amenities. The Town must certify a ballot question by September 6, 2013. The election will be administered as a coordinated mail ballot election by Eagle County Clerk and Recorder, Teak Simonton. In my role as Town Clerk, I would serve as the designated election official and work with the Eagle County Clerk to administer Avon's portion of the coordinated election, acting as the primary liaison between the Town and the County Clerk. This arrangement is outlined in the agreement and the Town Code Section 1.12.020, Town Clerk Duties. This agreement must be submitted to the County at least 70 days before the election, as required by § 1 -7- 116(2), which is August 27, 2013 in order to participate. The IGA addresses such items as follows: • Responsibilities of County Clerk and Political Subdivision Responsibilities: section details responsibilities for both election officials • Costs: section estimates election costs on a prorated basis based primarily on the number of ballot issues, active voters, and /or items to be included on the ballot for each political subdivision. On average election costs have been around $2500. • Call and Notice: section details who is responsible for the election publication • Ballot Certification: section details the town's role in submitting the ballot text to the county • Preparation of Voter Lists: section details the exchange of the voter lists • Tabor Notice: section details responsibility with regard to the Tabor notices • Street Locator List: section details that the town is to provide an accurate street listing to the county • Election Judges: section details that the county manages the appointment and training of the judges • Canvass of Votes: section details the role of the county in the canvassing of the votes • Cancellation: section details that the town will notify the county if the election is cancelled There are several exhibits to the agreement including a timeline, street locator list and affidavit. Attachments: • Eagle County Intergovernmental Agreement for November 5, 2013 Coordinated Mail Ballot Election Eagle County Intergovernmental Agreement November 5, 2013 Coordinated Mail Ballot Election This Agreement is made and entered into this between Eagle County and Town of Avon (hereinafter referred to as 'Political Subdivision'), concerning the administration and the conduct of the November 5, 2013 Coordinated Mail Ballot Election. Coordinated and Designated Election Officials Except as otherwise provided in this Section, the County Clerk shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. The Political Subdivision shall name a 'Designated Election Official' who shall act as the primary liaison between the Political Subdivision and the County Clerk and who will have responsibility for the conduct of the election procedures to be handled by the Political Subdivision. Nothing herein shall be deemed or construed to relieve the County Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. County Clerk Responsibilities The County Clerk shall perform the following services and activities for the Political Subdivision's Election: 1. Adhere to all applicable provisions of C.R.S. Title One. 2. Perform all services necessary for voting in Eagle County's elections, including but not limited to, preparation of mail —in and ballot voter materials, receipt and processing of applications for mail -in ballots and timely mailing of ballots. 3. Provide adequate locations for early voting and Election Day polling places throughout the county during even -year November General Elections. 4. Determine the 'least cost' method for mailing the Ballot Issue Notice (TABOR Notice) packet, and determine the portion of such cost to be applied to the Political Subdivision. 5. Combine the text of the TABOR Notices produced by the Political Subdivision with those of other political subdivisions to produce the TABOR Notice packet. 6. Include in the TABOR Notices mailed to each household where one or more eligible electors reside, voter notification information which will include household address, precinct number, the specific election being noticed and other applicable information. I:iTown ClerIOElections'\Eagle Count,AiGAs`� ?0,13 Election';IGA 2013 Tov~nl of Avon.doc 7. Address the packet to 'All Registered Voters' at each address of one or more active registered electors within the Political Subdivision. Nothing herein shall preclude the County Clerk from sending the TABOR Notice to persons other than active electors of the Political Subdivision if such sending arises from the County Clerk's efforts to mail the TABOR Notice packet at 'least cost'. 8. Be responsible for placing the TABOR Notices received from the various political subdivisions participating in the election in the proper order in the TABOR Notice packet. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 9. Mail the TABOR Notice packet, addressed as required by law, at least 30 days before the Election. 10. Provide the Political Subdivision an itemized statement of the costs for performing the tasks by the County Clerk hereunder no later than 60 Working days following the Election. Exercise all reasonable diligence, care and control in providing these services to the Political Subdivision. 11. Give assistance and information to the Designated Election Official of the Political Subdivision on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). Political Subdivision Responsibilities The Political Subdivision shall perform the following services and activities for the Political Subdivision's Election: 1. Identify a 'Designated Election Official' to act as liaison between the Political Subdivision and the County Clerk. 2. Determine the ballot issues to be voted upon at the Election. 3. Include, within its Ballot Issue Notice (TABOR Notice; Article X, Section 20 of the State Constitution), ballot titles in this order of preference: • Citizen Petitions: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt • Referred Measures: i. Notice of Election to Increase Taxes ii. Notice of Election to Increase Debt 4. Title the Tabor Notice with "NOTICE OF ELECTION TO INCREASE TAXES / TO INCREASE DEBT / ON A CITIZEN PETITION / ON A REFERRED MEASURE" according to the type of Tabor question. 5. Determine the ballot title and text. Ballot titles shall begin, "SHALL (DISTRICT) TAXES BE INCREASED (first, or if phased in, final, full fiscal year dollar increase) ANNUALLY ?" or "SHALL (DISTRICT) DEBT BE INCREASED (principal amount), WITH A REPAYMENT COST OF (maximum total district cost),...? 6. Be solely responsible for the accuracy of all ballot titles and text. 7. Summarize written comments concerning ballot issues following receipt of such comments from the eligible electors of the Political Subdivision and the public. Such TABOR Notice shall include: • The ballot title, text, and local election office address and telephone number. I To+nrn Clerk'Elections`,Eagle. Count- \IGAst2013 Elect on %IGA 20'13 Town of Avon.doc • Fiscal information to be included in the TABOR Notice. • Written comments concerning ballot issues in accordance with C.R.S. 1 -7- 901(2) 8. Provide the Political Subdivision's completed TABOR Notice to Teak J. Simonton, County Clerk in the format described in Appendix A. 9. The Political Subdivision shall provide mailing labels for eligible property owners to the County Clerk on or before September 24, 2013 for the mailing of TABOR Notices. (Appendix B) 10. This submission may not be changed by the Political Subdivision following submission to the County Clerk without written approval from the County Clerk (such approval may be withheld for any or no reason), and shall be provided to the County Clerk no later than the 42nd day preceding the Election. (Appendix B) 11. Exercise all reasonable diligence, care and control in providing these services to the County Clerk. 12. Give assistance and information to the County Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 13. Adhere to all applicable provision of the Colorado Revised Statutes which are necessary or appropriate to the performance of the above duties. Costs The County Clerk shall keep a careful and accurate accounting of all chargeable items to the Political Subdivision and shall submit to the Political Subdivision, a statement of charges (for costs incurred by the County and not billed directly to the Political Subdivision by an outside vendor) within sixty (60) work days following the date of the Election (Appendix B). Costs shall include but are not limited to: election judges and other associated personnel, ballots and related election forms, printing, election supplies, legal notices paid for the County, postage, rental charges, technical support, and TABOR Notice printing and mailing. The County Clerk shall charge each Political Subdivision taking part in the Coordinated Election on a prorated basis based primarily on the number of ballot issues, active voters, and /or items to be included on the ballot for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. The minimum charge for coordinating the election with the County Clerk shall be $300.00 The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement. Call and Notice The County Clerk will publish one notice required by 1.5.205 of the Uniform Election Code in the Eagle Valley Enterprise and the Aspen Times Weekly no later than 20 days prior to the Election (Appendix B). I :iTovvn C ler10%Electionu,Eagle CCourity °+ G[ksi2013 ElectiontlGA 2.913 Town n of A on! .doc Petitions: Preparation and Verification The Political Subdivision shall be responsible for the petition process in compliance with applicable Colorado statutes, ordinances, or charter provisions. This process includes, but is not limited to, providing petitions, approving the candidate or initiative petitions to be circulated within the Political Subdivision, and receiving the petitions. The County Clerk shall be responsible for approving the form of petitions and verifying the eligibility of petition signatures. Ballot Certification The Political Subdivision is responsible for furnishing the text of the ballot to the County Clerk at least 60 days before the Election in final written form using the format requirements specified in Appendix A. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot. The list of candidates /questions must be typed exactly as it is to appear on the ballot, including correct order. For candidates, specify titles of offices, the order of the names to appear for each office and the order of offices. For issues, specify the ballot title, and the order of the issues. Wording shall be in upper and lower case except as is dictated by law (e.g., TABOR Amendment). Bulleted lists and strike -outs are not compatible with our ballot creation software and as such cannot be included in the ballot text. The Political Subdivision has responsibility to proofread and edit the text of the official ballots before the County Clerk will authorize printing of the ballots. From the time of receipt of the ballot proof, the Political Subdivision has 24 hours to proofread, correct if necessary, sign and return the proof to the County Clerk and its failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot text the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or race on the printed ballots. Preparation of Voter Lists All lists shall be provided to the Political Subdivision when specifically requested by the Political Subdivision in writing and in accordance with 1.5.304 of the Uniform Election Code. TABOR Notice Each Political Subdivision shall provide an opportunity for all comments concerning ballot issues to be summarized as required by Article X, Section 20 of the Colorado Constitution. The Designated Election Official shall transmit the summaries and any other required material to the Coordinated Election Official no later than 42 I i-ow., Clerkc;Elections'lEag!e County0GAst20-13 Elec;tion`0G11 2013 Town of fkvon.,doc days before the Election in final written form in accordance with the specifications required in Appendix A. Submissions not meeting these requirements will be rejected by the County Clerk. The County Clerk shall be responsible for mailing the notice required by Article X, Section 20(3) (b) in the most cost effective manner feasible to all Eagle County residents with targeted mailing to active registered voters in zip codes 81657 and 81658. The Political Subdivision is responsible for supplying mailing labels to the County Clerk for all eligible electors residing outside of Eagle County by September 24, 2013 (Appendix B). The County Clerk shall charge each Political Subdivision for costs relating to the TABOR Notice on a prorated basis based on the number of ballot issues and /or items to be included in said notice for each Political Subdivision. In the event that additional costs are incurred, the Political Subdivision promulgating such costs will be charged accordingly. Property Owner Lists (Applies Only to Political Subdivisions Whose Eligible Electors include Property Owners) The Political Subdivision shall acquire the property ownership list referred to in 1.5.304 C.R.S from the Assessor. The cost of the list is provided by statute and shall be paid directly to the Assessor by the Political Subdivision. The Political Subdivision's staff shall be solely responsible for any work required on the Assessor's list and may contact the County Clerk if access to voter registration records is required. Street Locator List Appendix C to this Agreement is a copy of the Street Locator List for the Political Subdivision. It is the responsibility of the Political Subdivision to review the list and correct any errors. A Statement of Certification, Appendix D, must be signed by the Designated Election Official for the Political Subdivision and returned to the County Clerk along with any changes to the Street Locator List, accompanied by the signed Intergovernmental Agreement 70 days prior to the Election, August 27, 2013. (Appendix B) Appointment and Training of Election Judges All Election Judges shall be appointed and trained by the County Clerk. In the event that additional Judges are needed, the Political Subdivision may be required to provide one individual to serve in that capacity. Clerk'Elections"Eagie C ounty\IGAsi2013 Election \IGA 2013 T oven of Avon.doc Testing and Tabulation Processes relating to the tabulation of ballots shall be the responsibility of the County Clerk. An unofficial abstract of votes will be provided to the Political Subdivision upon completion of the counting of all ballots. Canvass of Votes The Canvass of votes will be conducted by the Board of Canvassers appointed by the County Clerk. Such canvass will be completed no later than seventeen (17) days after the Election (November 22. 2013) and official results of the canvass will be provided to all Political Subdivisions participating in the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. Indemnification The Political Subdivision agrees to indemnify, defend and hold harmless the County, its officers and employees, from any and all losses, costs, demands or actions, arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. Cancellation In the event that the Political Subdivision, after the signing of this Agreement and on or before the day of the Election, resolves not to hold the Election, notice of such resolution shall be provided to the County Clerk immediately. The Political Subdivision shall provide notice by publication (as defined in the Code) of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County Clerk, in the office of the Designated Election Official (as defined in the Code), in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision shall not cancel the election after the 25th day prior to the Election (Appendix B). The Political Subdivision shall be responsible for all expenses incurred on their behalf to the date that notice was received by the County Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the County Clerk to support the Political Subdivision's portion of the TABOR Notice shall be reimbursed by the Political Subdivision. Upon receipt of the invoice the Political Subdivision shall promptly pay the County Clerk the full actual costs of the activities of the County Clerk relating to the Election incurred both before and after the County Clerk's receipt of such notice. I i fwm Clerk"Elections!Eagle County'dGAsi2013 Elec.tion`;IC11 2013 i own of Avon.doc Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. Notices Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: • three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; • immediately upon hand delivery to Teak J. Simonton, County Clerk,; or • immediately upon receipt of confirmation that a fax was received; To County Clerk: Teak J. Simonton Eagle County Clerk and Recorder 500 Broadway P.O. Box 537 Eagle, CO 81631 To Jurisdiction: Time is of the Essence Per C.R.S. 1 -7- 116(2) this Agreement must be signed and returned to Teak J. Simonton, Clerk and Recorder seventy (70) days prior to the Election, August 27, 2013. The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. I; 'To-: n ClerkiElectionsiEaule C ounh; ICAs' =20'13 Election`:IGA ?0`13 Town of Avon,doc; In witness whereof, the Parties hereto have executed this Agreement to be effective the Designated Election Official For Town of Avon Chairman Eagle County Board of Commissioners Attest: Teak J. Simonton Date Clerk and Recorder I:''k Toy^yr,'Cierk!Electioi- islEagle CountyUGAs'.20,13 Electionii011 2013 Town of Avon.doc Appendix A Requirements for Formatting Submissions November 5, 2013 Coordinated Election Intergovernmental Agreement Media • Email attachment of Word document or • compact disk (CD) Software Word version 2000 or above Text Times New Roman Fonts 10 Margins V top and bottom 1 /4 sides Spacing Single Tables /Columns /Bullets Strikethroughs Do not use tables, bullets, strike - throughs or columns in setting up files. These are difficult to reformat and often require type size adjustments. Use tabs to put information in rows and /or columns. Printout A hard copy must be submitted with the electronic version with the file name clearly noted on the first page. Labeling Name of political subdivision and date of election Eagle County Clerk and Recorder Teak J. Simonton 2013 Election Cycle Appendix B CALENDAR OF EVENTS AND DEADLINES for NOVEMBER 5, 2013 COORDINATED MAIL BALLOT ELECTION Special districts and political subdivisions planning to coordinate with the clerk's office should be aware of the following deadlines: • July 29, 2013 If by 100 days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the county clerk and recorder, the political subdivision shall notify the county clerk and recorder in writing. C.R.S. 1 -7- 116(5). • Aueust 5, 2013 IGA's will be mailed to participating entities • August 27, 2013 70 Days prior - Political subdivisions participating in the election must return signed Intergovernmental Agreements to the county clerk and recorder. C.R.S. 1 -7- 116(2) The IGA's will be mailed soon after we become aware of your intent to participate in the election. • September 6, 2013 60 Days prior -Last day for the designated election official from each political subdivision to certify the ballot text to the county clerk and recorder. C.R.S. 1 -5- 203(3)(a) • September 20, 2013 42 Days prior— Political subdivisions shall deliver the full text of any required ballot issue notices (pro /con statements) to the county clerk and recorder in order to be included in the issue mailing. C.R.S. 1 -7 -904 • October 15 - October 18 First mailing of ballots; continued mailing of ballots through October 29 • November 5, 2013 Election Day — First Tuesday of November in odd - numbered years • January 28, 2014 Last day for Eagle County Clerk and Recorder to mail invoices to districts for their share of election costs • February 28, 2014 Last day for districts to submit payment for election costs to Clerk's office New deadline to register to vote (2013 Legislation): • By Mail, Driver's License facility, Voter Registration Drive — No later than 22 days before election day — October 15, 2013 • On line at www.GoVoteColorado.com — 8 1 day prior to Election Day — October 28, 2013 • In person at the Clerk's office and Clerk's annex offices — Election Day — November 5, 2013 Please keep this list of dates for your reference. 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Designated Election Official Date for TOWN OF AVON