TC Council Packet 08-27-2013
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
FINAL - Avon Council Meeting Agenda 13 08 27 final Page 1
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: PATTY 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, 2008 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
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
FINAL - Avon Council Meeting Agenda 13 08 27 final Page 2
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 I-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 A VON
6.7.1. Settlement Update (Eric Heil)
6.7.2. Remaining actions, if any, including but not limited to Bond Approval & Access Road
7. WORK SESSION
7.1. Establishment of September 10, 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
13. ADJOURNMENT
FUTURE AGENDA ITEMS:
September 10th: Meet with Eagle River Fire Protection District Representatives, B udget 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
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, AUGUST 27, 2013
MEETING BEGINS AT 4 PM
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting Agenda 13 08 27 final Page 3
PRESIDING OFFICIALS
CHAIRMAN RICH CARROLL
VICE CHAIRMAN TODD GOULDING
BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: PATTY MCKENNY
ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. RENEWAL LIQUOR LICENSES
4.1. Applicant Name: China Garden, Inc. d/b/a China Garden
Address: 100 W. Beaver Creek Blvd.
Owner: Sharon Mou
Type of License: Hotel and Restaurant Liquor License
5. MINUTES FROM AUGUST 13, 2013
6. ADJOURNMENT
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
AUGUST 27, 2013 TOWN COUNCIL MEETING
SOURCES
Town of Avon Comprehensive Plan, February 2006
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
AUGUST 2013
DEVELOPMENT PROGRAM FOR RECREATION AMENITIES
TABLE OF CONTENTS
Section 1: Overview & Purpose of Work Session
Section 2: Summary of Recreation Facility and Improvements Survey: August 15 – 22, 2013
Section 3: Recreation Center Expansion – Phase 2
3.1 Phase 2 Expansion – Programming
3.2 Estimated Cost of Phase 2 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 2: Coordinated Ballot Election
SECTION 1 - Page 1 of 3
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 $12,560,000 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
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 2.
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 2 of 3
Summary of Nottingham Park Recreation Amenities & Indoor Sports/Community Center
ESTIMATED COSTS FOR RECREATION FACILITIES/AMENITIES – CAPITAL WITH A 20+ YEAR LIFE
AUGUST 13, 2013
IMPROVEMENT/PROJECT Estimated Cost &
Bond Totals
Status of Improvement in
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,
increased area for cardio/weights and special events
(birthday parties, film or writer's festivals)
$7,700,000
Not included
Parking for Recreation Center 1,290,000 Not included
Destination Jump, Splash/Learn 770,000 2014 - 70,000
2015 - $700,000
Restroom Remodel 275,000 2016 - $25,000
2017 - $250,000
Upper Field Reconstruction: Grass 350,000 Not included
Ice Rink/Summer Activity Center 290,000 Not included
Shower Remodel 60,000 Not included
Water Slide Replacement 100,000 2016
Heat Recovery/HVAC - For Phase 2 Expansion 100,000 2014-$350,000
Transit Center
SUB-TOTAL $10,935,000
Contingency 13% 1,421,550
TOTAL $12,356,550
Property Tax Payments: To gain proceeds of $12,400,000, a bond would be issued in the total amount of
$12,560,000. 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/month
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 3 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 5th 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 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?
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 77 / 53% 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 99 / 79% 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% 46 / 36%
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 72 / 56% 56 / 44%
9. Put in a turf field near the elementary school 67 / 52% 62 / 48%
10. 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 $300,000 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
103 Total Voters
11. Comments:___________________________________________________________________________
____________________________________________________________________________________________
Thank you very much for your time and participation. Have a great evening/day!
SECTION 3.1 - Page 1 of 1
Section 3.1 : Recreation Center Phase 2 Expansion – Programming
2012 Avon Recreation District Community Survey – Key Findings
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 3.2 - Page 1 of 1
Section 3.2: Estimated Cost of Phase 2 Expansion, including Parking
2013 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 2 RECREATION CENTER PLAN – COST ESTIMATE
SQ. FT. PER SF 70%
(FOOTNOTE 1) TOTAL
GYMNASIUM/MULTI-PURPOSE
SPACE 17,874 $122.59 $208.40 $3,724,995
CLIMBING WALL 2,900 $133.57 $227.07 $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
PLAYGROUND
8,751 $187.28 $318.38 $2,786,108
TOTAL PHASE 2 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 2) 1,450,000
TOTAL ESTIMATE
$10,146,903
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 2 RECREATION CENTER EXPANSION & ICE RINK
Note: The Gypsum Recreation Center’s cost of construction for its building, including gymnasium, was
$12,000,000, in 2006. 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 PARKING ANALYSIS - Page 1 of 2
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/1,000 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 2 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 4.1 - Page 1 of 1
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 2008. 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.
ZEHREN
AND ASSOCIATES
August 7, 2013
Virginia Egger / Justin Hildreth
Town of Avon
Post Office Box 975, Avon, CO 81620
Email: vegger@avon.org / jhildreth@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
2
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.
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SECTION 5.1 -Page 1 of 1
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 ProWall ™ Portable Wall System installation
A portable ice rink wall system was priced out for a 140’ x 64’ rink, with 20’ 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 $22,000. The cost
for artificial turf in the green highlighted area above is approximately $100,000 (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 5.2 - Page 1 of 1
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. @ $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 5.3 -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 600 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 $300.00 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 5.4 - Page 1 of 2
Section 5.4: Estimated O&M Costs: Utilities & Maintenance & Annual Revenues
Total Estimated Utilities, Maintenance and Equipment Replacement: $141,400 - $155,800
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.]
Estimated Maintenance for Avon Phase II Expansion – 32,725 sq. ft. x $.95 = $31,088 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 $7,260. – 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 2 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 replacement: $20,000 per year.
Estimated Revenues: Revenues are net of all personnel costs.
Scenario: Phase 2 Revenue Generation Model
Current Increase
Calculation
Total Net
Revenue after
Staffing
Admission Fees* $790,000 15% $118,500
Fitness Programs $40,000 high demand for more
classes $8,200
Adult Programs $12,000 new leagues; variety of
activity use $9,360
Youth Programs $109,000 expanded programming $3,325
Rentals, including birthday
parties and celebrations Gypsum Rec Center
2011 = $19,900 $15,000
ANNUAL REVENUES $154,385
SECTION 2 - Page 1 of 2
Appendix 1: Summary 2013 Town of Avon Council Meetings – Recreation Facilities/Amenities
SUMMARY
2013 TOWN OF AVON COUNCIL MEETINGS
RECREATION FACILLITIES/AMENITIES
FEBRUARY 16, 2013 – COUNCIL ACTION
• 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 2 of 2
JUNE 25, 2013 – 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:
1. If the Phase 2 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 2) 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.
2. 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 5th 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.
AUGUST 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 MEETING(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
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
2696 S. Colorado Blvd., #595
Denver, Colorado 80222
phone: 303-863-0521
e-mail: info@rppublishing.com
August 22, 2013
Mr. Scott Wright Mr. P. Jonathan Heroux
Town of Avon Piper Jaffray & Co.
1 Lake Street 1200 17th St., Ste. 1250
Avon, CO 81620 Denver, CO 80202
Re: Proposal for Services
Dear Scott and Jonathan:
Thank you for the opportunity to submit this proposal to assist in a campaign to support the
funding of improvements to recreational facilities in the Town of Avon. Should the Town
Council call the question and an independent campaign committee is formed, my firm is
prepared to help in the following ways:
• General consulting including organizational and campaign strategy
• Assistance in creation and development of a campaign committee
• Development of campaign messaging and fundraising strategies
• Budget and timeline development for all campaign activities
• Creation and logistical handling of all printed and digital communication tools
Page two of this memo contatins an overview of my firm’s experience. In addition, I will be
assisted on this project by John Britz of Mile High Public Affairs and able to draw on his 20
plus years experience in consulting for bond, mill, issues and candidate campaigns.
Compensation for the services listed above is $3,000 plus any expenses incurred. All
expenses will be submitted for approval in advance.
If this proposal is accepted, an agreement will be created with for all parties to approve.
Sincerely,
Frank Rowe
RP Publishing, Inc.
• Mati Cook for Aurora City Council, November 2013
- General consulttng and campaign strategy
- Layout, design, print management of literature piece and contributton envelope
• Aurora Cittzens for Excellent Schools (ACES) Yes on 3C, November 2012
- Layout, design, print management of all printed campaign materials, including door-to-door
literature, business cards, letierhead and envelopes..
- Layout, design and print management of yard signs
- Layout, design, print management, list management and direct mail management of five separate
mail pieces ranging in quanttttes of 19,000 to 54,000
• Paul Rosenthal for HD 9, November 2012
- Layout, design, print management and direct mail management of a campaign fundraising postcard
• Corrie Houck for HD 1, May 2012
- Layout, design, print management of literature piece for canvassing and direct mail
- Layout, design, print management of yard signs
- Layout, design, print management or business reply envelopes
• Anne Rowe for Denver School Board, November 2011
- Logo design
- Layout, design, print management of all printed campaign materials, including business cards,
letierhead, butions, sttckers, pencils, note cards, envelopes, door knockers, door-to-door literature.
- Layout and design of yard signs
- Layout, design and facilitatton of Denver Post Impact Note
- Layout, design, print management, list management and direct mail management of nine separate
mail piece ranging in quanttttes of 10,000 to 26,000
• Yes on 3A & 3B, Pueblo, Colo., November 2011
- Logo design
- Layout, design, print management of letierhead, envelopes, door-to-door literature and all other
printed campaign materials
- Layout and design of yard signs and road signs
- Layout, design, print management, list management and direct mail management of a direct mail
piece to 11,000 individuals
• Save Our Library, Canon City, Colo., November 2011
- Logo design
- Layout, design, print management of letierhead, envelopes, door-to-door literature and all other
printed campaign materials
- Layout and design of yard signs and storefront signs
• Debbie Ortega for City Council At-Large, May 2011
- Layout and design of yard signs
- Layout, design and facilitatton of Denver Post Impact Note
- Layout, design, print management and direct mail management of 36,000 quanttty direct mail piece
• Susan Shepherd for City Council District 1, May 2011
- Layout, design and print management of yard signs
MEMORANDUM
To: Virginia Egger, Town Manager
Town Council
Town of Avon, Colorado
From: Calvin Hanson
Date: August 21, 2013
Re: Sherman & Howard L.L.C.
Engagement Letter
Kayak Crossing
COUNCIL ACTION
SHERMAN & HOWARD L.L.C. - ENGAGEMENT LETTER – KAYAK CROSSING
In connection with Sherman & Howard L.L.C.’s representation of the Town in the
refinancing by EagleBend Dowd Affordable Housing Corporation of its Kayak Crossing
apartment project, the firm requests that Town Council approve the execution by the Mayor (or
other appropriate Town official) of the attached engagement letter. The engagement letter makes
clear that EagleBend Dowd Affordable Housing Corporation will be responsible for payment of
the firm’s fees and costs which will total $7,175. Although the refinancing is expected to have
occurred prior to your approval of the engagement letter the firm requests the Town’s execution
of the engagement letter for its records.
Calvin T. Hanson
Direct Dial Number: (303) 299-8234
E-mail: chanson@shermanhoward.com
August 14, 2013
Town of Avon
Attention: Virginia Egger
400 Benchmark Road
Avon, Colorado 81620
Dear Virginia:
We are pleased to confirm our engagement as special counsel to the Town of
Avon (the “Town”) in connection with the amendment of documents and other transactions
related to the refinancing of EagleBend Dowd Affordable Housing Corporation’s (the
“Corporation”) Kayak Crossing multifamily housing project (the “Transaction”). We appreciate
your confidence in us and will do our best to continue to merit it. This letter sets forth the role
we propose to serve and the responsibilities we propose to assume in advising the Town in
connection with the Transaction.
Personnel. Calvin Hanson will be principally responsible for the work performed
by Sherman & Howard L.L.C. in connection with this engagement and he will report to and take
direction from you, in your capacity as Town Manager. Where appropriate, certain tasks may be
performed by other attorneys or paralegals. At all times, however, Calvin Hanson will
coordinate, review, and approve all work completed for the Town.
Scope of Services. In connection with the Transaction, it will be our
responsibility to consult with you concerning the Town’s legal rights, responsibilities and
obligations in connection with the Transaction, and pursuant to the Project Agreement dated as
of July 1, 1998, between the Town and the Corporation, and any amendment thereto which may
be necessary. In representing the Town in this matter, our services may include research, phone
consultations, meetings, preparation of memoranda. Our services do not include attending any
hearings or conducting litigation. Our services as special counsel are limited to those contracted
for explicitly herein; and the City Manager’s execution of this letter constitutes an
acknowledgment of those limitations.
Sherman & Howard L.L.C.
ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTH STREET, SUITE 3000
DENVER, COLORADO 80202
TELEPHONE: (303) 297-2900
FAX: (303) 298-0940
WWW.SHERMANHOWARD.COM
Attorney-Client Relationship. In performing our services as special counsel, the
Town will be our client. We will represent the interests of the Town rather than the Town
Council, the Council’s individual members, or the Town’s employees.
Conflicts of Interest. Our firm sometimes represents, in other unrelated
transactions, certain of the financial institutions that may be involved in this Transaction, such as
underwriters, credit enhancers, and banks. We do not believe that any of these representations
will materially limit or adversely affect our ability to represent the Town in connection with this
financing, even though such representations may be characterized as adverse under the Colorado
Rules of Professional Conduct (the “Rules”). In any event, during the term of our engagement
hereunder, we will not accept a new representation of any of these parties in any matter in which
the Town is an adverse party. However, pursuant to the Rules, we do ask that you consent to our
representation of such parties in transactions that do not directly or indirectly involve the Town.
Your execution of this letter will signify the Town’s prospective consent to the above-described
adverse representations in matters unrelated to the Transaction while we are serving as counsel
hereunder.
Fee Arrangement. Based upon: (i) our current understanding of the terms,
structure, size and schedule of the refinancing, (ii) the responsibilities we will undertake pursuant
to this letter, (iii) the time we anticipate devoting to the refinancing, and (iv) the skill and
experience required to complete the services properly, we estimate that our fee will be in the
range of $5,000 to $15,000. Such fee may vary: (i) if material changes in the structure of the
Transaction occurs, or (ii) if unusual or unforeseen circumstances arise which require a
significant increase in our time or our responsibilities. If, at any time, we believe that
circumstances require an adjustment of our original fee estimate, we will consult with you.
In addition, this letter authorizes us to make disbursements on behalf of the Town.
We will bill for such expenses at cost, including such items as photocopying, facsimile
transmission charges, computer assisted research, deliveries and other miscellaneous expenses.
We will submit a fee statement at the conclusion of our representation of the Town.
Calvin Hanson’s hourly rate is $490. It is possible that other attorneys and legal
assistants will assist in certain aspects of our representation at a lower hourly rate. Our hourly
rates are increased periodically, generally at year end. If the firm increases rates during this
engagement, we will provide you written notice of those changes for the personnel working on
this engagement and we will charge at the adjusted rates for work performed after the change.
Such changes will be reflected on our invoices.
The Corporation, as evidenced below, agrees to pay our fees and expenses. We
do not believe that such fee arrangement will interfere with our independence of professional
judgment or our attorney-client relationship with the Town.
Document Retention. At or within a reasonable period after the conclusion of our
representation hereunder, we will review the file to determine what materials should be retained
as a record of our representation and those that are no longer needed. We will return any original
documents obtained from you. We will retain for several years a copy of such materials as
correspondence, final substantive work product, documents obtained from you, and documents
obtained from third parties. We will not retain such materials as duplicates of the above-
described material, or drafts and notes that do not appear needed any longer.
Ordinarily the firm will keep the retained materials until seven years after the
conclusion of our representation. At the end of that time, unless you advise us in writing to the
contrary, we will destroy the bulk of the file. If the file is especially voluminous, we may
destroy all or portions of it earlier, as our storage facilities are limited. If you prefer other
arrangements for retention or disposition of our files in this matter, please advise us in writing.
Termination of Engagement. Upon completion of the Transaction our services as
outlined in this letter, our responsibilities as special counsel will terminate and our representation
of the Town and the attorney-client relationship created by this engagement letter will be
concluded. Should the Town seek other, additional legal services, we would be happy to discuss
the nature and extent of our separate engagement at that time.
Approval. If the foregoing terms of this engagement are acceptable to you, please
so indicate by returning the duplicate original of this letter signed by you, retaining the other
original for your files.
We are pleased to have the opportunity to serve as your special counsel and look
forward to a mutually satisfactory and beneficial relationship. If at any time you have questions
concerning our work or our fees, we hope that you will contact us immediately.
SHERMAN & HOWARD L.L.C.
By: /s/ Calvin T. Hanson
Accepted and Approved:
TOWN OF AVON, COLORADO
By: _____________________________________
Date: ____________________________________
EAGLEBEND DOWD AFFORDABLE HOUSING CORPORATION HEREBY AGREES TO
THE TERMS OF THIS ENGAGEMENT, ACKNOWLEDGES THAT SHERMAN &
HOWARD L.L.C. REPRESENTS ONLY THE TOWN AND NOT THE CORPORATION IN
CONNECTION WITH THE BONDS, AND AGREES TO PAY THE FEES AND EXPENSES
OF SHERMAN & HOWARD L.L.C. AS DESCRIBED ABOVE.
EABLEBEND DOWD AFFORDABLE HOUSING
COPRORATION
By: _____________________________________
Title: ____________________________________
Date: ____________________________________
CTH/jw
Enclosure
VAIL LEADERSHIP INSTITUTE
P.O. Box 7210 Avon, Colorado 81620 Phone: (970) 315-2675 Fax: (970) 926-4339
Email: ross@vailleadership.org Web: www.vailleadership.org
VAIL LEADERSHIP INSTITUTE
MEMORANDUM
TO: Town of Avon
FROM: Ross Iverson
DATE: August 21, 2013
SUBJECT: VAIL LEADERSHIP – ANNUAL EVENT PILOT
The Vail Leadership Institute will be launching an annual event this fall on October 17th
& 18th. This event will most likely move to late September in 2014, with the possibility of
adding a 2nd event in late March or early April in 2015. The focus of this on going annual
or bi-annual event is to provide a unique forum that attracts business people locally,
nationally, and globally.
During the fall pilot phase, the Institute will be inviting 150 existing members, local
leaders, and a group of 2nd homeowner-mentors that are interested in helping support
the local economy by giving back their time through the Entrepreneur’s BaseCamp Peak
Performers Fund. There is a full itinerary attached with the details of the two-day pilot.
The intent of the Institute during this two-day event is to also connect with the local
business community and provide resources to advance their future success. We will be
providing two workshops on October 17th (one held at the Avon Town Library and one at
the Westin) that will help prepare local business owners for expanding their business or
attracting investment dollars. As part of the Town of Avon’s sponsor package, we would
like to include 10 workshop tickets for the Town to provide local business owners access
to this training as a perk.
The Institute has engaged one of its long time board members, Terry Minger to consult
on the future development of the event. Mr. Minger worked closely with Robert
Redford’s organization in the initial planning of the Sundance Festival in Utah, and he
was an original founder of the Vail Symposium.
The Institute has also engaged a local PR firm and 8 other marketing executives in the
Valley to work on the positioning and promotion of the event. The final creative
platform will be completed within the next two week for a formal public launch.
Financial Support:
The Institute is looking for six sponsors for the pilot event.
• Three event title sponsors at $5,000 level
• Three event activity sponsors at $2,500 level
• The Beaver Creek Resort Company and Vail Resorts are contributing to the event
VAIL LEADERSHIP INSTITUTE
P.O. Box 7210 Avon, Colorado 81620 Phone: (970) 315-2675 Fax: (970) 926-4339
Email: ross@vailleadership.org Web: www.vailleadership.org
The Town of Avon has been very supportive in 2013 through its approval of $7,500 for
assisting in the opening of an entrepreneurial co-working facility in Avon. The opening
of this space has been delayed due to negotiations with current building owners.
Although we anticipate the opening to still occur in late 2013 or early 2014,
consideration for a portion of the already approved funds being re-distributed to the fall
event would be acceptable to the Institute, if the Town of Avon feels the intent of
convening Entrepreneurs in Avon is still being upheld. Support for the co-working space
would then be discussed at a future date as a way to support the Institute in helping the
Town of Avon become the center of Entrepreneurial and business activity.
Thank you for your consideration in supporting this Pilot event. We hope the
partnership with the Town of Avon will continue as we plan future events and attract
some of the most affluent individuals in the Valley to attend and support the event. This
event could have a large impact on real estate values, commercial expansion, and
investment activity in the town. An organic approach to sustained growth by connecting
with local businesses and outside investors.
Sincerely,
Ross Iverson
GM Entrepreneurs BaseCamp
PRESENTS
REDEFINING LEADERSHIP
October 17-18 |Vail Valley, Colorado
A new interactive event to promote the entrepreneur ship of our lives, our organizations,
and our community. The event brings thought leaders from the business start-up com-
munity, leadership scholars, and community leaders who are driving the future success of
the Vail Valley. The event provides a platform to spread the Inside First way of thinking.
Thursday – Entrepreneurship of our Organizations
Listening to Your Business Workshop— 9:00 to
3:00 - Avon, CO
“Pitch Academy” – 11:00-3:00—Avon, CO
Cocktail Reception & Speaker - Keynote Speaker
Brad Feld - Start-Up Communities—4:00-
6:00pm—Westin Riverfront
Friday – Entrepreneurship of Our Lives
Keynote Leadership Insights Speaker – 8:00-
10:00 am—Dr. Larry Donnithorne “The West
Point Way in China” - Hyatt Beaver Creek
Panel of Round Table Participants – 10:15-
11:00am—Hyatt Beaver Creek
Friday – Entrepreneurship of Our Community
Hike to lunch at Beano’s Cabin 11:00 to 11:30
Lunch & Break out discussion 11:30-12:30
For more information please go to www.vailleadershp.org
or call 970.926.7801
Brad Feld
Larry Donnithorne
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Jane Burden, Transit Superintendent
Date: August 20, 2013
Agenda Topic: I-70 RTOF IGA with ECO
____________________________________________________________________________________
BACKGROUND: On May 28th Council reviewed the terms of a proposed Intergovernmental Agreement
(“IGA”) with Eagle County Commissioners doing business as ECO Transit (“ECO”). The attached
Intergovernmental Agreement contains the same terms as presented on May 28th with the exception that
the “IGA” is now a forty (40) year lease, with annual renewal/cancellation, and the ECO monthly rate has
been increased from $477/month to $505/month as a result of “like accounting” for the design credit for
Town of Avon contribution. The increase is acceptable to ECO.
HIGHLIGHTS: I-70 RTOF IGA document highlights are as follows:
• One (1) year lease commencing on November 1, 2013, and ending on October 31, 2014,
with renewal on the same terms for up to thirty nine (39) additional one year terms.
Written twelve (12) months advance notice of ECO’s election not to renew.
• Lease is for nine (9) bus storage spaces at the monthly rate of $505.00. Reduction in the
number of leased spaces shall be with six (6) months advance written notice.
• Shared Asset Management and Capital Improvement portions of the lease payment are
fixed for the entire term – the Operation and Maintenance portion will vary based on
actual usage and related costs (See Exhibit A).
• Commodities and services such as fuel, vehicle fluid/wash, and fleet maintenance
services are available on a “per use” basis and will be included in monthly invoicing (See
Exhibit B).
• An operational plan will be developed by both entities by October 1st of each year to
cover areas concerning access to the premises, common area use and management,
bus storage location, daily internal bus flow, and use of the training room.
• Each entity of this agreement will carry property damage and general liability insurance
policies in the amount of $1,000,000 per occurrence and $1,000,000 aggregate.
• ECO retains the right to cancel the lease if funds are not appropriated.
Legal review by both parties of this Agreement has been performed with final terms for termination in
relationship to annual appropriations as allowed under TABOR lease provisions being finalized for
Tuesday’s meeting. “ECO” will present the IGA to the “ECO” Board and County Commissioners at their
regularly scheduled board meeting(s) in September for approval.
RECCOMMENDATION: Staff recommends approval of an Intergovernmental Agreement for Bus
Storage & Service at the I-70 Regional Transportation Operations Facility.
ATTACHMENTS: Intergovernmental Agreement (“IGA”), Exhibit “A” and Exhibit “B”.
Avon-ECO RTOF IGA for BUS STORAGE
Aug. 27, 2013 - FINAL
Page 1 of 6
INTERGOVERNMENTAL AGREEMENT
FOR BUS STORAGE & SERVICE AT THE
I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY
THIS INTERGOVERNMENTAL AGREEMENT (“IGA”) is entered into the _____ day of
__________, 2013, between the Board of County Commissioners of Eagle County, doing
business as ECO Transit (“ECO”), located at 3289 Cooley Mesa Road, Gypsum, Colorado, and
the Town of Avon (“Avon”), a Colorado Home rule municipality, located at One Lake Street,
Avon, Colorado (individually at “Party” and collectively, the “Parties”).
This IGA is sets forth the terms and conditions for ECO to lease spaces from Avon for the
storage of buses and to use and pay for bus fueling and bus washing at the I-70 Regional
Transportation Operations Facility (“RTOF”).
RECITALS
WHEREAS, Avon and ECO entered into an Intergovernmental IGA concerning the
planning, design and construction of an “ECO/Avon Joint Regional Operations Facility” at 500
Swift Gulch Road, Avon, Colorado dated February 11, 2009; and
WHEREAS, ECO shared in the design costs of the RTOF by compensating Avon in the
amount of $238,000.00; and
WHEREAS, Avon and ECO previously cooperated and collaborated to apply for and Avon
did receive an award of a total of $9,387,000 in state and federal grant funding to refurbish the
site and build the new RTOF; and
WHEREAS, construction of the RTOF is expected to be completed and ready for occupancy
in October, 2013; and
WHEREAS, Avon owns and will operate the RTOF and desires to lease a portion of the
RTOF to ECO for storage of buses, fueling and bus washing and ECO desires to lease bus-
storage spaces in accordance with the terms contained in this IGA ; and
WHEREAS, the Parties anticipate that ECO will lease the bus-storage spaces, as
contemplated herein, throughout the expected life of the RTOF; and
WHEREAS, this IGA is authorized pursuant to §29-1-201 and §30-11-101, Colorado
Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by Avon and ECO, the Parties do hereby agree as follows:
1. Term. The term (“Term”) of this IGA shall be for one (1) year, commencing November
1, 2013 and ending October 31, 2014, unless earlier terminated as hereinafter provided.
2. Renewal Term. The Term of this IGA shall automatically renew on the same terms and
conditions for up to thirty-nine (39) additional one-year Terms, each Term commencing on
November 1 and ending on October 31 of the succeeding calendar year. ECO may elect to not
Avon-ECO RTOF IGA for BUS STORAGE
Aug. 27, 2013 - FINAL
Page 2 of 6
renew this IGA by providing written notice to Avon no later than October 31 of the year
immediately preceding the expiration of the renewal Term (i.e. twelve (12) months advance
written notice of ECO’s election to not renew the IGA).
3. Premises. ECO shall lease a minimum of nine (9) indoor bus storage spaces within the
RTOF for the storage of transportation buses from the ECO fleet for the term of this IGA. ECO
may reduce the minimum number of spaces leased by giving written notice to Avon no later than
May 1 preceding the commencement of the next renewal Term (i.e. six (6) months advance
written notice). The leased premises are located on the southern portion (lowest graded tier) of
the RTOF. In addition to bus storage, ECO shall have access to and use of common areas,
including and limited to: employee lockers, bathrooms, break room/kitchen, quiet resting room,
dispatch room, vault room, small training room, elevator, stairs and hallway areas. ECO
understands that Avon shall utilize other bus storage spaces in the Premises for its own use and
shall lease bus storage spaces to other entities and that Avon and other entities will also use
common areas.
4. Lease Payment Amount. During the term of this IGA (including each of the thirty-nine
(39) renewal Terms) for each space rented, ECO shall pay to Avon the amount calculated by the
formula provided in the Exhibit A, which is attached hereto and incorporated herein by this
reference (“Lease Payment”). In accordance with Exhibit A, the Shared Asset Management and
Capital Improvement portions of the Lease Payment shall be fixed for the entire term of this
IGA, while the Operations and Maintenance portion will vary based on actual usage and related
costs. ECO shall make payment to Avon for the previous month no later than the fifteenth (15th)
day of each month.
5. Budgeting and Appropriation. ECO’s obligations under this Agreement are subject to
ECO’s annual right to budget and appropriate the sums necessary to lease the spaces and utilize
the services provided herein. No provision of this Agreement shall be construed or interpreted as
creating a multiple fiscal year direct or indirect debt or other financial obligation of ECO within
the meaning of any constitutional or statutory debt limitation. Notwithstanding anything to the
contrary contained in this IGA, ECO shall have no obligations under this IGA with respect to
any period after the end of the fiscal year in which funds have been appropriated therefore by
ECO in accordance with a budget adopted by the Board of County Commissioners in compliance
with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law
(C.R.S. § 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec.
20). ECO agrees that it shall annually appropriate sufficient funds for the Term and the next
succeeding renewal Term in order to comply with TABOR while maintaining the minimum
timeframe of twelve (12) months prior written notice to terminate without cause as set forth in
Section 11. ECO will use its best effort to notify Avon of such non-appropriation of funds and
resulting termination at the earliest possible date.
6. Variable Use Charges. The following commodities and services are also available on-
site for purchase by ECO on a variable quantity or “per use” basis. ECO shall pay Avon for use
or consumption of these commodities that are available within thirty (30) days after receiving an
invoice. The unit price or mark-up rate listed herein for these variable use items sets the cost for
2013/2014. Avon reserves the right to adjust these prices in future years by providing six (6)
months prior written notice to ECO, which adjustment shall constitute an amendment to this
Avon-ECO RTOF IGA for BUS STORAGE
Aug. 27, 2013 - FINAL
Page 3 of 6
IGA.
(a) Diesel and Gasoline Fuel – at cost plus $0.10 per gallon (requires a card key specific
to each vehicle to access dispensers).
(b) Vehicle Fluids/Wash – Avon operates an enterprise fund for the vehicle fluids and
wash bay and reserves the right to annually adjust vehicle wash prices each year. The
initial rates are as follows: Buses 35’ or larger at $66 per wash and small vehicles at
$29 per wash. Vehicle washing/fluids and interior cleaning are included in these
rates. See Exhibit B for calculations.
(c) Fleet Maintenance Service Discount – At the option of ECO, buses which are
designated and stored at the Premises will receive a 7% per hour labor only discount.
Fleet maintenance services include mechanical, electrical and body work. Avon’s
hourly rates for fleet maintenance services are set forth in Exhibit B, which is
attached hereto and incorporated herein by this reference and may be amended from
time to time to reflect increases in labor costs. Notwithstanding the foregoing, ECO
has the right to do its own fleet maintenance services to busses that are stored at the
Premises, as it deems necessary, in the bus storage spaces at no additional cost.
(d) Billing for Services - An invoice will be issued by the tenth (10th) day of each month
for services performed during the previous month. Payment is due in full within
thirty (30) days of receipt of the invoice.
7. Payment Location. Lease Payment and Variable Use Charges shall be tendered at the
Avon Town Hall, One Lake Street, Avon, CO 81620, or may be mailed to Town of Avon, P.O.
975, Avon, CO 81620, attention Director of Finance.
8. Operational Management Plan. Avon’s Town Manager or designee and ECO’s
Director of Transportation or designee shall develop an Operational Management Plan for the
Premises on an annual basis to ensure that both Avon and ECO operational needs are
accommodated in the most efficient and effective manner. The Parties intend to complete the
Operational Management Plan by October 1 of each year and may jointly amend the Operational
Management Plan as needed at any time. At a minimum, the Operational Plan shall address:
(a) Premises Access – including but limited to hours of operation and door keys/codes;
(b) Use and management of Common Areas, including assignment of employee lockers
and scheduling of training room and/or quiet rooms;
(c) Bus storage locations and daily internal bus flow for service availability; and,
(d) Additional charges for the use of large training room and other areas of the Premises.
9. Limits on Use. No other services by Avon are included other than those explicitly listed
herein. Other uses of the Premises are not permitted without Avon’s written consent and will be
considered a breach of this IGA. The following additional limitations on use apply:
(a) ECO agrees that use of the Premises is “at your own risk”.
(b) Bus storage spaces shall be those designated by Avon in accordance with this IGA.
Avon-ECO RTOF IGA for BUS STORAGE
Aug. 27, 2013 - FINAL
Page 4 of 6
(c) Avon staff reserves the right to physically drive and relocate any of the ECO’s
vehicles, provided that the vehicle remains within the physical site, at any time for
any reason. ECO agrees to provide Avon with functioning keys and/or key-codes
capable of unlocking and starting all ECO-serviced vehicles parked on the Premises.
Avon’s shall be responsible for any and all damage arising out of, occurring because
of, or resulting from Avon’s operation of an ECO-owned vehicle, including a vehicle
operated by ECO under a service agreement. All vehicles parked on the Premises
included under this IGA shall be maintained in full running order. Avon reserves the
right to remove from the Premises, at ECO’s cost, any vehicle that has not been
restored to full running order by ECO or their assigns for a period of more than thirty
(30) days . ECO agrees to keep the leased portion of the Premises clean, sanitary, and
in good condition and, upon termination of the IGA, vacate the Premises to Avon in a
condition equivalent to the condition that existed when the ECO initiated site use,
except for ordinary wear and tear.
(d) ECO agrees to immediately notify Avon of any defects or dangerous conditions in
and about the Premises of which ECO becomes aware. ECO agrees to reimburse
Avon, upon demand by Avon, for the cost of repairing any damage to the Premises
caused by acts or omissions of ECO.
(e) In support of the continued governmental partnership between Avon and ECO, access
and use of Avon’s transit operations building (including restrooms, showers, internet,
coffee/cocoa station, and break room) is included at no additional charge.
10. Facilities. Avon represents that its facilities are adequately equipped to offer the services
described herein.
11. Termination. ECO or Avon may terminate this IGA without cause by providing at least
twelve (12) months prior written notice to the other Party. In the event of any material breach of
this IGA by either Party, the other Party may terminate this IGA upon thirty (30) days written
notice unless the breach is cured within the thirty (30) day period. As stated in Section 5, ECO
shall annually appropriate sufficient funds for the Term and the next succeeding renewal Term
such that ECO shall not be able to terminate without cause with less than twelve (12) months
prior written notice to Town.
12. Liability and Indemnification. ECO, its officers and employees, shall not be deemed to
assume any liability for intentional or negligent acts, errors, or omissions of Avon or of any
officer or employee thereof. Likewise, Avon, its officers and employees, shall not be deemed to
assume any liability for intentional or negligent acts, errors or omissions of ECO or by any
officer or employee thereof. ECO agrees to indemnify, defend and hold harmless to the extent
allowed by law, Avon, its respective agents, officers, servants and employees of and from any
and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever, arising out of or related to ECO’s intentional or negligent acts, errors, or omissions
or that of its agents, officers, servants, and employees, whether contractual or otherwise.
Likewise, Avon agrees to indemnify, defend and hold harmless to the extent allowed by law,
ECO, its respective agents, officers, servants and employees of and from any and all loss, costs,
damage injury, liability, claims, liens, demands, action and causes of action whatsoever arising
out of or related to Avon’s intentional or negligent acts errors or omissions or that of its agents,
Avon-ECO RTOF IGA for BUS STORAGE
Aug. 27, 2013 - FINAL
Page 5 of 6
officers, servants and employees, whether contractual or otherwise.
13. Insurance. The Parties must carry valid insurance for any individuals and property that
are involved in use of the Premises. Avon is not liable for damage to ECO-owned property, or
any property owned by others and included in a service agreement operated by ECO, while
located on the Premises, including acts of vandalism, theft, or comprehensive damage of same
vehicles, unless such damage or theft is caused by the negligent operation or management of the
RTOF. The Parties must each carry property damage and general liability insurance policies,
each in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
14. Relationship of the Parties. The relationship between the Parties is that of independent
contractor, and nothing herein shall be deemed or construed as creating a relationship of
principal and agent, partnership, joint venture, or ownership interest in the real property.
15. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to
waive limit, or otherwise modify any governmental immunity that may be available by law to
Avon or ECO, its respective officials, employees, contractors, or agents, or any other person
acting on behalf of Avon or ECO, and, in particular, governmental immunity afforded or
available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of
the Colorado Revised Statutes.
16. Notice. Any notice, demand, or other communication required or permitted to be given
by any provision of the Lease shall be given in writing, delivered personally or sent by certified
or registered mail, postage prepaid and return receipt requested, or by overnight courier, with
shipping charges prepaid, address as follows:
To Avon: Town of Avon
Attn: Town Clerk
One Lake Street
P.O. Box 975
Avon, CO 81620
Ph.: 970-748-4000
Fax: 970-748-
To ECO: ECO Transit
Director of Transportation
3289 Cooley Mesa Road
P.O. Box 1070
Gypsum, CO 81637
Ph.: 970-328-3520
17. No Third-Party Beneficiaries. Nothing contained in this IGA is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third-party, including any agent, sub-consultant or sub-contractor of Avon, ECO or Eagle
County. Absolutely no third-party beneficiaries are intended by this IGA. Any third-party
receiving a benefit from this IGA is an incidental and unintended beneficiary only.
// Signature Page Follows //
Avon-ECO RTOF IGA for BUS STORAGE
Aug. 27, 2013 - FINAL
Page 6 of 6
IN WITNESS WHEREOF, the Parties hereto have executed this IGA the day and year
first above written.
TOWN OF AVON
TOWN OF AVON, STATE OF
COLORADO, By and Through Its MAYOR
ATTEST:
____________________________________ By: ________________________________
Patty McKenny, Town Clerk Rich Carroll, Mayor
Date: ______________________________
EAGLE COUNTY
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
____________________________________ By: _____________________________
Clerk to the Board of Sara J. Fisher
County Commissioners Chairman
Date: ______________________________
APPENDIX A
Page 1 of 2
EXHIBIT A
I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY
LEASE PAYMENT CALCULATION
LEASE RATES AND CHARGES
Lease payment calculations consist of Capital, Operations and Maintenance (“O&M”), and Asset
Management and will be charged as a budget neutral operation. Capital and Asset Management
charges will remain fixed for the term of the Agreement. O&M Costs will be audited in October of
each year and may be subject to change.
COST CALCULATIONS
OPERATIONS & MAINTENANCE COSTS
Estimated Annual Cost Comments
Utilities $ 33,008
Snow Management $ 6,000
Assumes 60 snow events, 1 hr. to clear each,
by TOA PW staff
Pest Control $ 1,020 2011 bill
Security $ 3,000 Estimated
Broadband/Internet/Wi-Fi $ 900 2011 bill
Janitorial $ 5,200 Estimated, maintenance by TOA Facilities staff
Coffee Service $ 1,800 2011 bill
Telephone $ 960 2011 bill
Copier/Printer Service $ - 2011 bill
Total $ 51,888
Per rented bus space per month $ 180
SHARED CAPITAL INVESTMENT (Capital Portion)
Local Match(credit $568,843 for residual value & for
design contributions: ECO $238,000 & TOA $146,332) $ 1,289,489 Funded through TOA bonds
Number of Indoor Spaces 24
interest rate 4.691458% TOA's bond rate
duration (years) 40 years
# monthly payments 480 months
equivalent monthly rate 0.3910%
Amortized capital, total $5,957 /month
Amortized capital, per bus per month $248 /bus/month
Amortized capital, per bus per season $2,978.35 /bus/year
APPENDIX A
Page 2 of 2
SHARED ASSET MANAGEMENT (AM portion)
Target Asset Replacement Fund $ 550,000 HVAC, pavement, misc. repairs
Replacement Frequency 25 years
Linear set aside target $ 22,000 per year
Local Match Needed 100%
Local Match AM Set Aside $ 22,000 total per year
Number of Spaces 24
Total Shared Asset Management Portion $ 76 /bus/month
$ 917 /bus/year
LEASE PAYMENT SUMMARY
• BUSES LARGER THAN 32 FT.
Capital portion $248 /bus/month
O&M portion $ 180 /bus/month
AM portion $ 76 /bus/month
Total Monthly $505 /bus/month
Total Seasonal $6,057 /bus/year
Total Annual for Nine (9) Buses $ 54,513.04 /year
Total Monthly for Nine (9) Buses $ 504.75 /bus
• BUSES SMALLER THAN 32FT.
(FOUR BUSES IN A ROW INSTEAD OF THREE) $ 404.00 /bus/month
EXHIBIT B
BUS WASH COST CALCULATION
PROJECT BUS WASH COST CALCULATION - Operation and Maintenance Costs
Natural Gas $4,740 20% of 2010, shared with Fleet Bldg.
Electricity $3,940 20% of 2010, shared with Fleet Bldg.
Water $19,307 2010+15%
Cleaning $19,113 2010 + 10%
Modem $660 Modem
Wash Equip Inspections/Sand Trap $19,690 2010+10%
Staff Time $9,764 Mechanic 8hrs/week
TOTAL Yearly Expenses $77,214
Number of Bus Washes (2010 Data)
Bus Wash 1,433
Car Wash 456
Total Equivalent Washes 4,755 Bus are 3 times cars
Cost / Equivalent washes $16.00
Cost / Bus Wash $49.00
Cost / Car $12.00
Fee for Avon Employee to Wash Bus $17.00
Note: Bus Wash Costs do not include
reimbursement for Avon construction costs
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Carroll and Town Council Members
FROM: Eric J. Heil, Town Attorney
RE: Village (at Avon) Settlement Implementation Update
DATE: August 23, 2013
Summary: This memorandum provides an update on the settlement implementation for the Village (at
Avon) litigation.
Bond Issuance: Further work on the bond documents related to the Traer Creek Metropolitan District
Reissue Bonds was put on hold pending resolution of the water storage tank project. The meeting
schedule for August 14, 2013 to review the Traer Creek Metropolitan District bond documents was
cancelled.
Water Tank Project: Traer Creek and Traer Creek Metropolitan District have said that they will propose
an alternative to the water storage tank project with reduced costs and funding support by Traer Creek. As
of the date of this memorandum I have not received the proposal. At this time, it appears that the most
significant outstanding issue the project cost and financing of the water storage tank.
Remaining Documents for Town Approval: All documents requiring Town Council approval have been
finalized with the following exceptions:
(a) The Special Warranty Deeds to Lot 2 and Lot 3 are in final form but will require a last review prior to
closing once Partial Releases of Deeds of Trust have been finalized.
(b) The Declarations for the Public Improvements Companies may require some additional revisions to
address bond document issues; however, it is not anticipated that these revisions will affect the
imposition of the Add-On Retail Sales Fee.
(c) The Bond documents for the TCMD Reissue Bonds have not been finalized.
Requested Action: No Council action is requested at this time.
Thank you, Eric
M EMORANDUM
& PLANNING, LLC
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Virginia Egger, Town Manager
Date: August 21, 2013
Agenda Topic: 2014 Budget: Schedule & Approval Process
My apology, but in looking at the budget process and review/approval schedule that I recommended, and Council
reviewed and agreed to at your June 11th meeting, I with Finance Director Scott Wright have rethought the timing of
budget presentations to Council. The original schedule did not allow for a presentation of a comprehensive 2014
budget, which is needed for Council to make decisions about funding in the various funds.
I recommend the following dates for direction, review and approval of the 2014 budget. Please note, the schedule
includes a special meeting date of October 29th. In addition, pending other matters before the Council, I would
recommend all meetings be scheduled on your calendars for 2:00 p.m. to allow sufficient time for the budget.
Thank you for your consideration.
2014 BUDGET SCHEDULE
TASK PACKET MATERIALS
TO COUNCIL COUNCIL PRESENTATION
Update of 2013-14 Strategic Plan September 6th September 10th
Draft 3-year Revenue Projections September 6th
September 10th
Recommendation for fees and charges
for Services - work with DH September 6th September 10th
Fund Balances and Contingencies -
Recommendation for Levels & Approval
Authority Policy
September 6th September 10th
SPECIAL COUNSEL CONTRACTS/
OUTSIDE AGENCY REQUESTS September 27, 2013 October 8th
FUND/DEPARTMENT PACKET MATERIALS
TO COUNCIL COUNCIL PRESENTATION
AFFORDABLE HOUSING FUND September 27, 2013 October 8th
EQUIPMENT REPLACEMENT FUND September 27, 2013 October 8th
CIP, DEBT, URA, CEF, FRF, WATER FUNDS September 27, 2013 October 8th
GENERAL FUND - FLEET October 11, 2013 October 22nd
GENERAL FUND - TRANSIT October 11, 2013 October 22nd
GENERAL FUND - ROADS & BRIDGES October 11, 2013 October 22nd
GENERAL FUND - PARK & RECREATON,
TOWN CENTER WEST FUND October 11, 2013 October 22nd
ENGINEERING October 11, 2013 October 22nd
GENERAL FUND - POLICE October 11, 2013 October 29th
GENERAL FUND - GENERAL
GOVERNMENT October 11, 2013 October 29th
GENERAL FUND - FINANCE & IT October 11, 2013 October 29th
GENERAL FUND - COMMUNITY
DEVELOPMENT October 11, 2013 October 29th
PUBLIC HEARING & ADOPTION
November 20, 2013
November 26th
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Jane Burden, Transit Superintendent
Virginia Egger, Town Manager
Date: August 21, 2013
Agenda Topic: Buffalo Ridge Bus Winter Service
____________________________________________________________________________________
INTRODUCTION: Mayor Rich Carroll and Town staff have received inquiries over the last 60 days about
the feasibility of bus service beginning this November to the Buffalo Ridge Apartment Complex located on
Swift Gulch Road in Avon. In an effort to look into the possibility of bus service to this area, staff has
reviewed:
1) The performance metrics of the Buffalo Ridge bus service, which ran in 2006-2007;
2) Received and analyzed findings from an informal user survey of the Buffalo Ridge residents
conducted by the leasing agencies to Buffalo Ridge (Corum Real Estate/Polar Star Properties);
and
3) Met with ECO to evaluate and propose winter service on existing Town of Avon and ECO
routes.
2002-2007 BUS SERVICE: Bus service to the Buffalo Ridge Housing Complex was provided from June
2006 to May of 2007. This route was a part of the Red Route, which the Town ran to service the eastern
portion of Avon (Hurd Lane, Eagle Bend, and Stonebridge Dr.) plus the Avon “core” and Wal-Mart.
Service frequency was thirty (30) minutes daily. Ridership for the Buffalo Ridge housing complex was
14% of the total ridership of 137,380 for this route.
BUFFALO RIDGE RESIDENT SURVEY: Polar Star Properties and Corum Real Estate Group (leasing
agents for Buffalo Ridge) distributed a tenant survey in past few weeks, which is appreciated. The tenant
survey, with 35 persons responding, showed interest in bus service throughout the day with potential
heavy usage during the “peak hours” of 7-8 a.m. and 5-6 p.m. Desired destinations were Avon Center
(Station), Wal-Mart and City Market.
WINTER ROUTES TO SERVE BUFFALO RIDGE: Discussions to date involving both ECO and Avon
Transit to accommodate this transit service need include:
I. Customized Buffalo Ridge Route: Costs associated with running a separate Buffalo Ridge “only” year
round route for this “peak” time frame would be approximately $118,000 for 15-minute loop times
from 7 – 9 a.m. and from 4 – 6 p.m. These service hours would be provided by the Town of Avon and
would require appropriation by the Town Council.
II. Route Incorporation of Buffalo Ridge: Incorporating the Buffalo Ridge bus service into planned winter
season routes from both the Town of Avon and ECO, however, could provide significant bus ridership
opportunities, with buses leaving the Swift Gulch facility in the a.m. and arriving back to Swift Gulch in
the p.m. There would be no additional costs for expanding these routes to Buffalo Ridge.
1) Buses could pick up/drop off Buffalo Ridge passengers’ en-route to scheduled early morning
routes leaving Swift Gulch and afternoon/evening routes returning to Swift Gulch.
2) Please see the attached EXHIBIT for a tentative schedule of arrival and departure times.
Town of Avon: Leave Swift Gulch – Stop at Buffalo Ridge established bus stops in front of
Buffalo ridge Housing Complex – Continue to East Roundabout and onto Post Blvd. and
continue planned route. Two morning buses could be made available at 6:30 and 8:15
a.m., with five buses returning to Buffalo Ridge from 6:28 p.m. to 9:40 p.m.
• Buffalo Ridge does not have a bus turnaround to accommodate the large buses used
in the winter; the eastern roundabout provides a good turnaround diameter and quick
access onto Post Blvd.
• This route can be faster at times when considering peak traffic times.
ECO: ECO has not had time to evaluate which of the nine buses which leave Swift Gulch
during the day could best serve Buffalo Ridge, but is researching which periods can
accommodate Buffalo Ridge and has initially indicated that some buses can include Buffalo
Ridge residents. ECO also would like to evaluate the feasibility of developing a bus shelter
on Swift Gulch Road as described below rather than traveling to the eastern roundabout.
OPTION TO ROUNDABOUT POST BLVD. ROUTE: SWIFT GULCH ROAD BUS
SHELTER: Construction of a bus stop area on Swift Gulch Road on the south side near
the bike path for passenger pick up/drop off has been discussed. Currently both ECO and
Avon transit have bus stop shelters which could be placed at this location. We would need
to construct a platform for the shelter and ensure the “safety” of this passenger area. A cost
estimate has not been prepared. This option would necessitate Buffalo Ridge residents
walking to and from the shelter.
DISCUSSION & DIRECTION: Staff is looking for Council feedback and direction on winter season bus
service for the Buffalo Ridge residents. Ongoing schedule consolidation and confirmation will continue as
needed, along with seeking consensus on adding a bus stop on Swift Gulch Road near the bike path, with
expected winter season service starting no later than December 1st. Summer bus service to Buffalo
Ridge is still under discussion and has not been evaluated.
ATTACHMENT: EXHIBIT - SUMMARY OF PLANNED WINTER BUS LEAVE/RETURN SCHEDULES
WHICH COULD SERVE BUFFALO RIDGE APARTMENT COMPLEX
Swift Arrive Arriving
Departure Buffalo Ridge Destination Arrival From Buffalo Ridge
6:30 6:03 Avon Crossing/Hurd Lane 18:28 Avon Station 18:33
8:00
Skier Bus -
No BR pick-up Christie Lodge 11:06 Avon Station 11:13
8:15 8:18 Christie Lodge 17:30 BC Village/Avon Center 17:45
14:15 14:18 BC Village 17:45 BC Village/Avon Center 18:00
17:45 17:48 Westin 21:40 BC Village/Avon Center 21:50
Swift Arrive Arriving
Departure Buffalo Ridge Destination Arrival From Buffalo Ridge
6:15 TBD Lake Creek Village 8:05 VTC TBD
6:30 TBD Red Cliff 10:00 Forest Service TBD
7:00 TBD Lionshead 10:15 BC Village TBD
13:15 TBD Lake Creek Village 20:30 VTC TBD
14:15 TBD Lake Creek Village 20:30 Lake Creek Village TBD
15:00 TBD Lionshead 17:10 BC Village TBD
15:30 TBD WV Conoco 18:30 Lake Creek Village TBD
16:15 TBD WV Conoco 17:45 Lake Creek Village TBD
16:15 TBD Forest Service 19:45 Forest Service TBD
EXHIBIT
SUMMARY OF PLANNED WINTER BUS LEAVE/RETURN SCHEDULES
WHICH COULD SERVE THE BUFFALO RIDGE HOUSING APARTMENT COMPLEX
LEAVING SWIFT GULCH/BUFFALO RIDGE
LEAVING SWIFT GULCH/BUFFALO RIDGE LEAVING AVON STATION/ARRIVING BUFFALO RIDGE
LEAVING AVON STATION/ARRIVING BUFFALO RIDGE
TOWN OF AVON BUS ROUTES
ECO BUS ROUTES
TOWN OF AVON, COLORADO
SPECIAL COUNCIL MEETING FOR TUESDAY, AUGUST 7, 2013
AVON TOWN HALL, ONE LAKE STREET
Special Council Meeting Minutes 13.08.07 Page 1
1. CALL TO ORDER & ROLL CALL
Mayor Carroll called the meeting to order at 5:15 PM. A roll call was taken and Council members
present were Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds (via phone)
and Jake Wolf. Councilor Dantas was absent. Also present were Town Manager Virginia Egger,
Town Attorney Eric Heil, Assistant Town Manager/Town Clerk Patty McKenny, as well as members of
the public.
2. DISCUSSION AND POTENTIAL ACTION ON INVESTIGATION OF ACCUSATIONS OF IMPROPRIETY
Mayor Carroll summarized why the meeting was called and noted that the special meeting was
noticed per the Charter and the order of the meeting would run as follows:
1. Introduction: Mayor Rich Carroll
2. Town Attorney Presentation
3. Council Questions
4. Public Input
5. Council Discussion
6. Potential Action
Town Attorney Eric Heil reviewed the Code of Ethics Section of Avon Municipal Code, noting that the
Council decides whether or not to move forward with any investigations. He noted that there were
some concerns expressed by Councilors Evans and Goulding related to the recent public comments
in the newspaper about potential violations of the code of ethics with their role in several town
projects including the Wyndam and WalGreen projects, as owner of Evans Chaffee Construction
Group. Councilor Evans presented his request for the meeting and a formal request for an
investigation to be opened in light of these recent Vail Daily articles and editorials written by staff
member Scott Miller and community members Ms. Laurie Adler and Mr. Joe Walker. He noted his
concern about the serious accusations being made about Todd Goulding, himself, and his business
Evans Chaffee Construction Group. Mayor Pro Tem Goulding also indicated his support to conduct
an open and transparent investigation by his colleagues.
It was noted that the town had not received any written complaints at this time. There were some
questions and comments made by town council members as follows:
subpoena powers related to the investigation
timeframe involved to conduct investigation
point of tonight’s meeting is whether or not to move forward with an investigation
Public Input
Mayor Carroll opened the meeting to public input and the following community members were
heard:
1. Laurie Adler, resident of Avon, read a statement into the record at this time noting her
concerns about the appearance of impropriety on the part of the elected officials.
2. Kristi Ferraro, resident of Avon and former Town Council Member, commented on the fact
that there is a perception in the community that there is a connection between council
members and Avon projects; she requested that the town conduct an independent
TOWN OF AVON, COLORADO
SPECIAL COUNCIL MEETING FOR TUESDAY, AUGUST 7, 2013
AVON TOWN HALL, ONE LAKE STREET
Special Council Meeting Minutes 13.08.07 Page 2
investigation regarding this matter. She suggested contacting Colorado Ethics Watch and
the Colorado independent Ethics Commission to assist with this process.
3. Amy Phillips; resident of Avon resident and former Town Council Member, expressed her
concern with the residency status of Councilor Evans and Mayor Pro Tem Goulding, and
requested that a third party conduct an investigation into this matter.
4. Joe walker: resident of Avon, read a statement in the record which was provide the Town
Clerk noting his concerns as follows on several matters outlined in his letter, including
conflict of interest on projects and residency requirements.
5. Phils Struve: resident of Wildridge and citizen of Avon, noted that the comments are only
from one neighborhoods and expressed his support of the town officials and his support of
an independent investigation.
The public input period was closed at this time.
Council Discussion
The following comments were made by town council members:
support for a 3rd party investigation
evaluate whether or not the investigation will cost the taxpayers any money
how many investigations could be done at the same time, and what is the cost
may need to explore the avenues available to the council for hiring the attorney firm; must
be a qualified attorney
Mayor Carroll commented that he didn’t think there should be an investigation at this time because
of a newspaper article or public input; he thought there should be a formal complaint prior to
making this kind of decision. He supported using a third party attorney in this process. It was noted
by Mayor Pro Tem Goulding that Councilor Evans and he request this investigative effort. Town
Manager Egger recommended that the Town Council identify who they want to interview and then
select the attorney in open session. After some further discussion about whether or not a written
complaint would be required, Councilor Fancher read into the record the last part of the statement
from Laurie Adler presented during public input and Councilor Wolf read into the record the last part
of the statement from Joe Walker presented during public input, both of which requested an
independent external opinion about the conflict of interest question. Further discussion ensued
about how to proceed, whether or not to schedule another meeting to discuss the process, whether
or not to involve the District Attorney’s office, and why a motion would be required in light of the
current code language.
Councilor Wolf moved to conduct an investigation based on the letters from the public as related to
Mayor Pro Tem Goulding and Councilor Evans, on the 5 items identified per the letters, code of ethics
related to conflict of interest on projects, residency requirements, etc. and in addition that the
investigation be conducted by an independent counsel and finally determine whether or not the
District Attorney would be involved. Councilor Fancher seconded the motion. Some additional
comments were heard and Councilor Reynolds was informed that he could vote on the matter over
the telephone. Councilor Reynolds Councilor Wolf expressed their position that they did not see the
need for the formal motion. Town Attorney Eric Heil noted that Goulding and Evans would not be
TOWN OF AVON, COLORADO
SPECIAL COUNCIL MEETING FOR TUESDAY, AUGUST 7, 2013
AVON TOWN HALL, ONE LAKE STREET
Special Council Meeting Minutes 13.08.07 Page 3
able to vote on the motion. There were some comments made by the Town Manager about
contacting the District Attorney’s office. Both Councilors Wolf and Fancher agreed to strike the
language in the motion including the District Attorney’s involvement, but rather wait until the results
of the investigation are provided. A roll call was taken and the motion passed unanimously by those
voting (Mayor Pro Tem Carroll, Councilors Fancher, Wolf, Reynolds – yea; Councilor Dantas - absent,
Councilor Evans and Mayor Pro Tem Goulding abstained due to conflict on the matter).
There were brief comments made about the idea of abstaining from involvement and voting on
town projects if there was a possibility of involvement on a project; it was noted that the
investigation would be conducted and discussion about any amendments to the code of ethics
would be a matter to consider in the future.
There being no further business to come before the Council, the regular meeting adjourned
at 6:10 pm.
RESPECTFULLY SUBMITTED:
_________________________________
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Todd Goulding ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
FISCAL YEAR 2013
FINANCIAL REPORT
August 27, 2013
______________________________________________________________________________________
1. Fiscal Year 2013 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – June
3. Real Estate Transfer Tax Report and Monthly Detail – July
4. General Fund Year-To-Date Expenditures- July
5. Fleet Maintenance Fund Year-To Date Expenditures- July
6. Transit Fund Year-To Date Expenditures- July
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: August 21, 2013
Re: Fiscal Year 2013 Financial Report – June/July 2013
Revenues:
SALES TAX
Sales tax revenue for the month of June is up $59,740.61 (13.87%) over June 2012, and up 7.96% compared to
the monthly budget. This gain includes approximately $20,000 from new businesses, therefore 9.23% is the
actual gain in revenue for the month. Year to date sales tax collections are up $440,454.53 over 2012 and
$292,349.45 over budget.
June collections report increases from 2012 for all industries except Service Related businesses which was
down $1,716 for the month. Revenue from Grocery, Specialty, and Health businesses are up approximately
$13,000 for the month compared to last year, Accommodations are up $8,800, and Home/Garden is up $6,600.
ACCOMMODATIONS TAX
Accommodations tax revenue for June is up $10,566.74 (18.87%) compared to June 2012, and up 9.94%
compared to the monthly budget. Year-to-date accommodations tax collections are up $112,179.94 over 2012
and $79,317.08 over budget. MTRiP data indicates a 5.9% reduction in occupancy year-over-year for the
month of June, but a 27.4% increase in average daily rate.
June accommodations tax collections are up for Hotels and Vacation Rentals, while Time Shares are down.
Monthly revenue has increased in all areas of town except for Town Center East, which is down ($2,530).
REAL ESTATE TRANSFER TAX
2013 year-to-date real estate transfer tax collections equal $947,301.77, which is 38.92% of the current
budgeted revenues. Collections are up $41,123.42 compared to 2012.
Expenditures:
General Fund expenditures at the end of July are tracking exactly to the budget. At 58% of the way through
the year, expenditures to date are at 58.68% of the budget.
Fleet expenditures to date are at 62.67% of the total budget and are tracking along with revenues which are at
64.72% as of July 31st.
Transit funds are 70.72% spent compared to the annual appropriation. These expenditures include $113,117
in matching funds applied toward the purchase of a new grant funded people mover.
TOWN OF AVON
SALES TAX WORKSHEET
2013 Actual vs. Budget
Budget YTD Collections Budget % of change
2008 2009 2010 2011 2012 2013 2013 Variance from 2012
January 552,981.33$ 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 548,275$ 677,943.78$ 129,669.26$ 30.43%
February 574,301.20 516,349.68 504,752.59 532,903.25 533,546.48 562,790 636,702.27 73,911.89 19.33%
March 653,095.43 536,913.42 620,937.20 665,532.70 643,910.29 679,203 720,267.31 41,064.03 11.86%
April 349,061.05 319,833.51 309,937.09 305,269.73 304,220.84 320,895 307,407.13 (13,488.18) 1.05%
May 321,213.74 267,960.76 242,830.16 236,424.93 270,082.79 284,886 309,938.72 25,052.58 14.76%
June 427,371.70 396,066.29 377,920.42 406,828.27 430,588.57 454,189 490,329.18 36,139.87 13.87%
July 458,484.39 409,956.20 421,975.98 452,873.44 472,215.40 498,098
August 428,296.71 374,965.99 361,702.25 419,977.29 455,439.86 480,403
September 466,731.86 350,585.25 359,139.22 391,546.49 424,793.75 448,077
October 365,209.05 286,412.11 288,859.84 299,193.35 341,711.43 360,441
November 338,385.19 281,696.02 284,528.70 301,407.41 336,060.63 354,480
December 794,328.16 786,701.84 818,360.74 921,815.61 852,868.64 899,615
Total 5,729,459.81$ 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 5,891,352$ 3,142,588.39$ 292,349.45$ 16.30%
Actual Collections
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
2009 2010 2011 2012 2013
Year
Sales Tax Collections for June
TOWN OF AVON
SALES TAX WORKSHEET
2013 Actual vs. Budget
$2,000,000
$2,100,000
$2,200,000
$2,300,000
$2,400,000
$2,500,000
$2,600,000
$2,700,000
$2,800,000
$2,900,000
$3,000,000
$3,100,000
$3,200,000
2009 2010 2011 2012 2013
YTD Sales Tax Collections
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
$550,000
$600,000
$650,000
$700,000
$750,000
Sales Tax Monthly Comparison 2010-2013
2010
2011
2012
2013
TOWN OF AVON
ACCOMMODATIONS TAX WORKSHEET
2013 Actual vs. Budget
Budget YTD Collections Budget % of change
2008 2009 2010 2011 2012 2013 2013 Variance 2012
January 77,721.98$ 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 97,438$ 108,508.43$ 11,070.57$ 20.41%
February 83,157.06 83,502.22 99,336.34 114,035.90 106,016.32 114,626 137,503.61 22,877.20 29.70%
March 87,240.86 84,909.85 105,518.15 122,145.16 115,043.42 124,387 153,208.80 28,822.16 33.17%
April 22,161.73 26,821.29 26,496.88 26,214.58 20,786.24 22,474 26,494.49 4,020.10 27.46%
May 16,208.09 19,090.36 12,425.51 15,152.82 16,664.44 18,018 24,527.17 6,509.33 47.18%
June 30,012.07 34,439.33 32,857.68 49,999.66 56,012.17 60,561 66,578.91 6,017.73 18.87%
July 33,302.03 47,864.32 51,170.82 62,928.07 66,726.73 72,146
August 29,326.28 39,155.19 42,188.56 52,037.55 58,358.93 63,099
September 21,214.32 21,134.69 30,090.34 35,521.81 42,245.24 45,676
October 21,856.62 17,043.78 20,614.06 21,801.56 25,879.51 27,981
November 20,737.61 15,268.58 20,582.47 24,971.33 22,786.42 24,637
December 86,199.66 96,847.30 98,561.90 135,984.00 112,759.02 121,917
Total 529,138.31$ 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 792,960$ 516,821.41$ 79,317.08$ 27.72%
Actual Collections
-
5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
2009 2010 2011 2012 2013
Accommodations Tax Collections for June
TOWN OF AVON
REAL ESTATE TRANSFER TAX WORKSHEET
2013 Actual vs. Budget
YTD Collections $ change % of change
2008 2009 2010 2011 2012 2013 2012 2012
January 75,552.20$ 34,468.00$ 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ (27,669.00)$ -55.11%
February 56,655.90 95,703.38 362,719.22 230,705.50 41,750.07 55,872.69 14,122.62 33.83%
March 77,054.50 6,023.70 284,243.65 187,099.47 84,760.49 125,927.64 41,167.15 48.57%
April 69,955.12 92,238.95 210,185.30 249,482.30 219,195.80 144,437.80 (74,758.00) -34.11%
May 66,714.29 37,803.12 112,431.30 187,668.62 270,170.12 121,784.12 (148,386.00) -54.92%
June 105,872.10 365,324.28 66,271.14 49,606.58 169,040.47 90,309.74 (78,730.73) -46.58%
July 60,194.74 208,800.24 63,509.36 46,707.37 71,057.40 386,434.78 315,377.38 443.83%
August 108,981.45 87,827.30 88,823.40 106,785.21 232,505.93
September 684,005.20 159,877.84 159,861.96 140,876.56 96,389.34
October 711,661.23 205,537.52 222,575.20 64,005.33 176,889.62
November 621,085.67 131,944.57 115,654.16 98,057.44 150,549.86
December 455,288.84 336,431.50 236,117.45 198,448.03 145,134.57
Total 3,093,021.24$ 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 947,301.77$ 41,123.42$ 4.54%
Budget 1,500,000$
Variance, Favorable (Unfavorable)(552,698.23)
Actual Collections
$-
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
$800,000.00
$900,000.00
$1,000,000.00
$1,100,000.00
$1,200,000.00
$1,300,000.00
$1,400,000.00
2009 2010 2011 2012 2013
YTD Real Estate Transfer Tax Collections
Town of Avon
Real Estate Transfer Tax
July Collections Detail
Purchaser Name Property Amount Received
Balance Forward 560,866.99$
Armbruster 1061 W Beaver Creek Blvd O-204 3,000.00
Armbruster 998 W Beaver Creek Blvd E-102 2,990.00
Stewart Title/ Kith 140 Hurd Ln 10,200.00
Stewart Title/ Conger & Hicks 37305 Hwy 6 #304 3,100.00
Vacation Title Svcs Riverfront 13-29 516.00
Vacation Title Svcs Riverfront 13-28 298.00
Land Title/ Benchmark Investors 182 Avon Rd 218,000.00
Land Title/ Booker Family Trust Riverfront Unit #921 24,000.00
Land Title/ Meiring 4660 N Point #A 4,360.00
Land Title/ Peau Investments Chapel Square Unit #BR-325 5,200.00
Title Co of the Rockies Mtn Vista 13-30 138.00
Land Title/ Ammer 4691 N Point #B 9,160.00
Land Title/ Pasquale Riverfront unit #427 5,520.00
Land Title/ George 205 Hurd ln 1,840.00
Chicago Title Mtn Vista 13-26 186.59
Chicago Title Riverfront 13-26 54.45
Chicago Title Lakeside Terrace 13-26 106.20
American Title/ Artique Investments The Ascent Unit #406 19,900.00
Sayyad 1050 W Beaver Creek blvd #D103 400.00
Title Co of the Rockies Mtn Vista 13-29 2,317.90
Land Title/ Vail Valley Mtn Man Corp 150 Beaver Creek Blvd Unit #A102B 4,800.00
land Title/ Delz Metcalf Lofts Unit#M39 1,020.00
Land title/ Callaway 5580 Coyote Ridge 15,090.00
Land title/ Pitcher 1015 W Wildwood Rd #6 7,900.00
Thomas 491 Metcalf Rd Unit #B4 4,300.00
Title Co of the Rockies/ Dantas 2470 Old Trail Rd 3,800.00
Title Co of the Rockies Mtn Vista 13-28 876.00
Land Title/ Dantas 2145 Saddle Ridge Lp 4,250.00
Chicago Title Mtn Vista 13-24 116.84
Vacation Title Svcs Riverfront 13-26 695.00
Vacation Title Svcs Riverfront 13-27 118.00
Title Co of the Rockies/ Hall 2310 Old Trail Rd #B 8,000.00
Title Co of the Rockies Mtn Vista 13-27 955.90
Stewart Title/ Nelson 2310 Old Trail Rd #A 7,600.00
Land Title/ Morgan 5711 Wildridge Rd E #A 14,900.00
Title Co of the Rockies Mtn Vista 13-26 725.90
Total July Revenue 386,434.78
Total YTD Revenue 947,301.77
Total 2013 Budget 1,500,000.00
Variance, Favorable (Unfavorable)(552,698.23)$
2013
Dept./Div.Budget Encumbrances Year To Date Available
Number Description Amended 6/11/13 Outstanding Expenditures Balance YTD/Budget
General Government:
Legislative:
111 Mayor and Town Council 177,734$ 20$ 120,015$ 57,699$ 67.54%
112 Boards and Commissions 15,307 - 6,295 9,012 41.12%
113 Town Attorney 250,000 123,509 141,473 (14,982) 105.99%
115 Town Clerk 107,410 645 44,117 62,648 41.67%
Total Legislative 550,451 124,174 311,900 114,377 79.22%
Judicial:
121 Municipal Court 115,054 12,316 65,061 37,677 67.25%
Executive:
131 Town Manager 262,907 - 168,899 94,008 64.24%
132 Human Resources 272,385 1,653 147,765 122,967 54.86%
133 Community Relations 117,085 5,160 55,197 56,728 51.55%
134 Economic Development 167,875 - 102,913 64,962 61.30%
Total Executive 820,252 6,813 474,774 338,665 58.71%
Finance Department:
141 Finance 704,588 11,402 352,985 340,201 51.72%
143 Information Systems 318,554 5,311 178,122 135,121 57.58%
149 Nondepartmental 325,087 96,934 199,823 28,330 91.29%
Total Financial Administration 1,348,229 113,647 730,930 503,652 62.64%
Total General Government 2,833,986 256,950 1,582,665 994,371 64.91%
Community Development:
211 Administration 46,502 5,556 15,868 25,078 46.07%
212 Planning 237,158 - 131,803 105,355 55.58%
213 Building Inspection 126,485 - 62,826 63,659 49.67%
Total Community Development 410,145 5,556 210,497 194,092 52.68%
Police Department:
311 Administration 529,769 14,800 298,041 216,928 59.05%
312 Patrol 1,960,107 27,195 1,175,549 757,363 61.36%
313 Investigations 108,330 130 58,192 50,008 53.84%
Total Police 2,598,206 42,125 1,531,782 1,024,299 60.58%
Department Expenditure Summaries
General Fund #10
January - July 2013 Expenditures to Date
2013
Dept./Div.Budget Encumbrances Year To Date Available
Number Description Amended 6/11/13 Outstanding Expenditures Balance YTD/Budget
Department Expenditure Summaries
General Fund #10
January - July 2013 Expenditures to Date
Public Works:
412 Engineering 259,859 498 108,161 151,200 41.81%
413 Roads and Streets 1,608,520 55,941 789,368 763,211 52.55%
Total Public Works 1,868,379 56,439 897,529 914,411 51.06%
Parks and Recreation:
513 Special Events 334,892 4,390 203,099 127,403 61.96%
514 Administration 263,219 10,393 168,042 84,784 67.79%
515 Adult Programs 35,505 - 14,670 20,835 41.32%
516 Aquatics 469,896 6,537 262,429 200,930 57.24%
517 Childcare 40,761 - 18,186 22,575 44.62%
518 Fitness 135,747 - 98,614 37,133 72.65%
519 Front Desk 232,795 3,592 114,657 114,546 50.80%
521 Youth Programs 133,209 2,051 66,634 64,524 51.56%
522 Cabin 52,033 - 3,770 48,263 7.25%
551 Parks & Grounds 912,009 12,218 472,137 427,654 53.11%
571 Buildings & Facilities 1,040,903 98,616 523,678 418,609 59.78%
Total Parks and Recreation 3,650,969 137,797 1,945,916 1,567,256 57.07%
TOTAL OPERATING
EXPENDITURES 11,361,685$ 498,867$ 6,168,389$ 4,694,429 58.68%
2013 Budget
Dept./Div.Amended Encumbrances Year To Date Available
Number Description 6/11/13 Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,512,870$ 58,655$ 890,850$ 563,365$ 62.76%
435 Washbay 13,000 600 6,205 6,195 52.35%
Total Operating Expenditures 1,525,870 59,255 897,055 569,560 62.67%
TOTAL EXPENDITURES 1,525,870$ 59,255$ 897,055$ 569,560$ 62.67%
Expenditure Summary
Fleet Maintenance Enterprise Fund #61
January - July 2013 Expenditures to Date
2013 Budget
Dept./Div.Amended Encumbrances Year To Date Available
Number Description 6/11/13 Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 48,222$ 2,917$ 26,077$ 19,228$ 60.13%
432 Transit Operations 1,034,079 116,243 620,208 297,628 71.22%
Total Operating Expenditures 1,082,301 119,160 646,285 316,856 70.72%
TOTAL EXPENDITURES 1,082,301$ 119,160$ 646,285$ 316,856$ 70.72%
Expenditure Summary
Transit Enterprise Fund #52
January - July 2013 Expenditures to Date