TC Council Packet 11-11-2014 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10
REGULAR MEETING BEGINS AT 5:25 PM
AVON TOWN HALL, ONE LAKE STREET
Page 1
PRESIDING OFFICIALS
MAYOR RICH CARROLL
MAYOR PRO TEM JENNIE FANCHER
COUNCILORS DAVE DANTAS, CHRIS EVANS
ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF
MATT GENNETT
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE
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.
______________________________________________________________________________________________________________
NOVEMBER 11TH - 4:00 P.M. – TOWN COUNCIL CHAMBERS
AUTOMATED EXTERNAL DEFIBRILLATOR (AED) - CPR TRAINING
PROVIDED BY STARTING HEARTS
PUBLIC IS WELCOME
THREE OR MORE COUNCIL PERSONS MAY BE ATTENDING THE TRAINING
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 PM (SEE SEPARATE AGENDA PAGE 4)
REGULAR MEETING BEGINS AT 5:25 PM
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
3.1. SAVED BY THE BELT PRESENTATION (POLICE CHIEF BOB TICER)
4. ACTION ITEMS
4.1. RENEWAL/APPROVAL OF EAGLE COUNTY ANIMAL CONTROL IGA (POLICE CHIEF BOB TICER)
4.2. APPROVAL OF GRAND OPENING OF POSSIBILITY PLAZA, THE MAIN STREET MALL & APRÈS AVON INAUGURAL
EVENT (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER)
4.3. PUBLIC HEARING SECOND READING OF ORDINANCE 14 –19 AMENDING AVON MUNICIPAL CODE TITLE 6:
ANIMALS TO ALLOW FOR DOGS TO BE PERMITTED OFF-LEASH AT ALL TIMES, UNDER VOICE CONTROL, WITH
OWNERS REQUIRED TO CARRY LEASHES IN THE WEST AVON PRESERVE
(PLANNING MANAGER MATT PIELSTICKER)
4.4. ACTION ON A REVOCABLE ENCROACHMENT LICENSE AGREEMENT WITH HOFFMANN COMMERCIAL PROPERTIES
FOR THE CONSTRUCTION AND ON-GOING MAINTENANCE OF A MONUMENT SIGN LOCATED ON LOT 65-A,
BLOCK 2, BENCHMARK AT BEAVER CREEK (PLANNING MANAGER MATT PIELSTICKER)
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10
REGULAR MEETING BEGINS AT 5:25 PM
AVON TOWN HALL, ONE LAKE STREET
Page 2
4.5. PUBLIC HEARING SECOND READING OF ORDINANCE 14-18 APPROVING ACQUISITION OF TRACT S, BLOCK 3,
WILDRIDGE FOR HIKING AND BIKE TRAIL (TOWN ATTORNEY ERIC HEIL)
4.6. PUBLIC HEARINGS – 2014 AND 2015 FINAL BUDGETS
4.6.1. RESOLUTION NO. 14-27, RESOLUTION TO AMEND THE 2014 TOWN OF AVON BUDGET
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
4.6.2. RESOLUTION NO. 14-28, RESOLUTION TO AMEND THE 2014 TOWN OF AVON CAPITAL PROJECTS FUND
BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
4.6.3. RESOLUTION NO. 14-29, RESOLUTION TO ADOPT THE 2015 TOWN OF AVON BUDGET
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
4.6.4. RESOLUTION NO. 14-30, RESOLUTION TO ADOPT THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM
AND SIMULTANEOUSLY ADOPT THE 2015 CAPITAL PROJECTS FUND BUDGET
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
4.7. RESOLUTION NO. 14-19, RESOLUTION APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS
FROM HOLY CROSS ENERGY (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
4.8. MINUTES FROM OCTOBER 28, 2014 MEETING (TOWN CLERK DEBBIE HOPPE)
5. WORK SESSION
5.1. FINAL REVIEW OF SKIER BUILDING INTERIOR FINISH PROCESS (MAYOR RICH CARROLL)
6. WRITTEN REPORTS
6.1. 2014 END OF YEAR FORFEITURE REPORT – REPORT ONLY (POLICE CHIEF BOB TICER)
7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
8. COUNCIL COMMENTS
9. MAYOR REPORT AND FUTURE AGENDA ITEMS
10. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC)
10.1. MEET PURSUANT TO COLORADO REVISED STATUTE §24-6-402(4) (F) FOR THE PURPOSE OF DISCUSSING
PERSONNEL MATTERS RELATED TO THE ANNUAL PERFORMANCE REVIEW OF THE TOWN ATTORNEY & TOWN
MANAGER
11. ADJOURNMENT
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10
REGULAR MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
Page 3
PRESIDING OFFICIALS
CHAIRMAN RICH CARROLL
VICE CHAIRMAN JENNIE FANCHER
BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, ALBERT “BUZ” REYNOLDS, JR.,
JAKE WOLF, MATT GENNETT
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE
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. PUBLIC HEARING SPECIAL EVENT PERMIT
4.1. Applicant Name: Walking Mountains Science Center
Event Name: Birds of Prey – Après Avon Kickoff
Event Dates: December 5, 2014; 3:00 p.m. until 8:00 p.m.
Location: Avon Pedestrian Mall
Event Manager: Michael Welle
5. RENEWAL OF LIQUOR LICENSES
5.1. Applicant: Blackstar, LLC d/b/a FOOD! by Marc
Location: 137 Benchmark Road Suite 4W
Type: Hotel and Restaurant
Manager: Marc Rouse
6. MINUTES FROM OCTOBER 28, 2014
7. ADJOURNMENT
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10
REGULAR MEETING BEGINS AT 5:30 PM
AVON TOWN HALL, ONE LAKE STREET
Page 4
PRESIDING OFFICIALS
CHAIRMAN RICH CARROLL
VICE CHAIRMAN JENNIE FANCHER
BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, ALBERT “BUZ” REYNOLDS, JR.,
JAKE WOLF, MATT GENNETT
STAFF
EXECUTIVE DIRECTOR / SECRETARY: VIRGINIA EGGER ATTORNEY: ERIC HEIL
TREASURER: SCOTT WRIGHT AUTHORITY CLERK: DEBBIE HOPPE
ALL URBAN RENEWAL 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, RECREATION CENTER AND AVON LIBRARY
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT
4. CONSENT AGENDA
4.1. URA RESOLUTION NO. 14-02, RESOLUTION TO AMEND THE 2014 AVON URBAN RENEWAL AUTHORITY BUDGET
(Treasurer Scott Wright)
4.2. URA RESOLUTION NO. 14-03, RESOLUTION TO ADOPT THE 2015 AVON URBAN RENEWAL AUTHORITY BUDGET
(Treasurer Scott Wright)
5. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 28, 2014
AVON TOWN HALL, ONE LAKE STREET
3. FINAL - ALB 10-28-2014 Minutes Page 1
1. CALL TO ORDER AND ROLL CALL
Mayor Carroll called the meeting to order at 5:02 pm. A roll call was taken and Board members present were
Jake Wolf, Buz Reynolds, Jennie Fancher, Chris Evans and Dave Dantas. Matt Gennett was absent. Also
present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant to the Town Manager
Preston Neill and Town Clerk Debbie Hoppe as well as members from the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. Applicant: Vail Valley Mexican Foods, LLC d/b/a Agave
Location: 1060 Beaver Creek Blvd.
Type: Hotel and Restaurant
Manager: Richard Wheelock
The application was presented with no concerns for the renewal application. Board member Wolf moved to
approve the Hotel and Restaurant Liquor License for Vail Valley Mexican Foods, LLC d/b/a Agave; and Board
member Evans seconded the motion and it passed unanimously with those present.
4.2. Applicant: Fork & Knife, Inc. d/b/a Blue Plate
Location: 42 E. Beaver Creek Blvd.
Type: Hotel and Restaurant
Manager: Adam Roustom
The application was presented with no concerns for the renewal application. Board member Fancher moved
to approve the Hotel and Restaurant Liquor License for Fork & Knife, Inc. d/b/a Blue Plate; and Board
member Wolf seconded the motion and it passed unanimously with those present.
4.3. Applicant: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines
Location: 101 Fawcett Road
Type: Liquor Store
Manager: Peter Cuccia
The application was presented with no concerns for the renewal application. Board member Wolf moved to
approve the Liquor Store License for Avon Properties Leasing, LLC d/b/a Village Warehouse Wines; and
Board member Fancher seconded the motion and it passed unanimously with those present.
5. MINUTES FROM OCTOBER 14, 2014
Board member Fancher moved to approve the Minutes from October 14, 2014; Board member Wolf
seconded the motion and it passed unanimously with those present.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 28, 2014
AVON TOWN HALL, ONE LAKE STREET
3. FINAL - ALB 10-28-2014 Minutes Page 2
7. Adjournment
There being no further business to come before the Board, the meeting adjourned at 5:12 pm.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Rich Carroll ______________________________________
Dave Dantas ______________________________________
Chris Evans ______________________________________
Jennie Fancher ______________________________________
Albert “Buz” Reynolds ______________________________________
Jake Wolf ______________________________________
Matt Gennett ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: November 11, 2014
Re: 2015 Proposed and 2014 Revised Budgets
Summary:
Attached are the final proposed and revised budget resolutions for the Avon Urban Renewal Authority. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act.
The Authority’s budget summary is attached as an exhibit to this memorandum and is also
included for informational purposes in the Town’s budget summary as a component unit of
the Town.
Public Hearing. At the Avon URA meeting on November 11, 2014 a public hearing will be
held for members of the public to comment on the proposed 2015 budget.
Recommendation:
Staff recommends that the Board adopt the resolutions as presented.
Exhibits and Attachments: Avon Urban Renewal Authority budget
Resolution No. 14-02
Resolution No. 14-03
AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO
RESOLUTION NO. 14-02
SERIES OF 2014
A RESOLUTION AMENDING THE 2014 AVON URBAN RENEWAL AUTHORITY BUDGET
WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has
previously adopted the 2014 budget;
WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed
the revised estimated revenues and expenditures for all funds for 2014;
WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it
necessary to amend the 2014 budget to more accurately reflect the revenues and expenditures for
2014;
WHEREAS, upon due and proper notice, published or posted in accordance with the law,
the proposed budget amendment to the 2014 budget was open for inspection by the public at a
designated place, a public hearing was held on November 11, 2014 and interested taxpayers were
given the opportunity to file or register any objections to the proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like increases
were added to the revenues so that the budget remains in balance as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE AVON URBAN RENEWAL AUTHORITY:
Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority
are revised as follows for 2014:
Original or
Previously
Amended
2014 Budget
Current
Proposed
Amended
2014 Budget
Avon Urban Renewal Authority
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
$ 1,360,825
739,648
1,468,669
$ 631,804
$ 1,511,030
741,328
1,475,523
$ 776,835
Section 2. That the budget, as submitted and amended hereby is approved and adopted as the
budget of the Avon Urban Renewal Authority for the year stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the Chairman
and made part of the public record of the Authority.
ADOPTED this 11th day of November, 2014.
AVON URBAN RENEWAL AUTHORITY
______________________________
Rich Carroll, Chairman
ATTEST:
_____________________________
Scott Wright, Treasurer
CERTIFIED:
_____________________________
Debbie Hoppe
Authority Clerk
AVON URBAN RENEWAL AUTHORITY
TOWN OF AVON, COLORADO
RESOLUTION NO. 14-03
SERIES OF 2014
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND
ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR
THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015, AND
ENDING ON THE LAST DAY OF DECEMBER, 2015.
WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has
directed the Authority’s Executive Director/Secretary to prepare and submit a proposed budget
for its consideration;
WHEREAS, Virginia Egger, Town Manager, has submitted a proposed budget to said
governing body on October 14, 2014;
WHEREAS, upon due and proper notice, published or posted in accordance with the law,
said proposed budget was open for inspection by the public at a designated place, a public
hearing was held on November 11, 2014 and interested taxpayers were given the opportunity to
file or register any objections to said proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like increases
were added to the revenues so that the budget remains in balance, as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE AVON URBAN RENEWAL AUTHORITY:
Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority
are as follows for 2015:
2015
Proposed
Budget
Avon Urban Renewal Authority
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 776,835
701,303
680,454
Ending Fund Balance
$ 797,684
Section 2. That the budget, as submitted, hereby is approved and adopted as the budget of
the Avon Urban Renewal Authority for the year stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the Chairman
and made part of the public record of the Authority.
ADOPTED this 11th day of November, 2014.
AVON URBAN RENEWAL AUTHORITY
______________________________
Rich Carroll, Chairman
ATTEST:
_____________________________
Scott Wright, Treasurer
CERTIFIED:
_____________________________
Debbie Hoppe, Authority Clerk
TOWN OF AVON, COLORADO
MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR OCTOBER 14, 2014
AVON TOWN HALL, ONE LAKE STREET
1. CALL TO ORDER AND ROLL CALL
Chairman Carroll called the meeting to order at 5:12 PM. A roll call was taken and Authority members
present were Chris Evans, Jennie Fancher, Buz Reynolds, Matt Gennett and Jake Wolf. Dave Dantas was
absent. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Authority
Clerk Debbie Hoppe, Treasurer Scott Wright and Assistant to Town Manager Preston Neill, as well as
members of the public.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT
There were no public comments made at this time.
4. CONSENT AGENDA
4.1. Appointment of Jennie Fancher as Vice Chair (Treasurer Scott Wright)
Councilor Evans moved to appoint Jennie Fancher as Vice Chair; Councilor Dantas seconded the motion and
it was passes unanimously by those present.
5. Work Session
5.1. Budget Presentation (Treasurer Scott Wright)
6. ADJOURNMENT
There being no further business to come before the Authority, the meeting adjourned at 5:25 PM.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Authority Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Matt Gennett ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Town Council
From: Robert L. Ticer, Chief of Police
Date: November 11, 2014
Agenda Topic: Saved by the Belt Presentation to Mr. Brent Stone
It is my honor and privilege to present Mr. Brent Stone with the Avon Police Department Saved by the
Belt Award for surviving a significant car crash that he was involved in on September 4, 2014 on
Interstate 70 in the Town limits of Avon.
The Saved by the Belt Program is designed to recognize survivors of car crashes who are not at fault
and their injuries are significantly reduced as a result of properly wearing their safety belt.
On the date of the crash, Mr. Stone was driving westbound on Interstate 70 when a westbound
delivery box truck decelerated rapidly before turning illegally into a median turn-around causing Mr.
Stone’s vehicle to strike the heavy metal lift gate of the truck. This collision caused significant damage
to the front of Mr. Stone’s vehicle and to the driver’s side A post/door, and windshield. Mr. Stone told
investigating officer Tyler Churches at the scene that he may have been killed if he were not properly
buckled up. Investigating officers reached the same conclusion. Mr. Stone walked away from this
collision that day after being treated and released at the scene for minor injuries.
On behalf of the Avon Police Department we thank Mr. Stone for properly buckling up, as his decision
resulted in significantly lesser injuries in this vehicle crash.
Attachments:
PowerPoint Presentation
Respectfully Submitted,
Robert L. Ticer
Chief of Police
Brent Stone
AVON POLICE DEPARTMENT
Saved by the Belt
On September 4, 2014, I investigated a motor vehicle accident that occurred on Interstate 70 westbound at MM 166. Brent Stone was traveling in the right lane when a
delivery box truck that was traveling in front of him attempted to turn into an emergency
turnaround from the right lane.
Brent made contact with a metal lift gate. The lift gate caused extreme damage to the
driver side of Brent’s vehicle. Brent’s vehicle deployed both airbags. Brent was wearing
his seat belt. Brent made a comment that without his seatbelt he probably would have
received severe injuries. Brent had only minor scrapes as a result of him wearing his
seatbelt. After the investigation it was determined that Brent was not at fault for the accident. Brent was traveling at the posted speed limit and he was in the appropriate
lane of travel when not passing.
I would like to nominate Brent Stone for the Saved by the Belt Award
Saved by the Belt
Saved by the Belt
Saved by the Belt
Saved by the Belt
Saved by the Belt
Saved by the Belt
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Town Council
From: Robert L. Ticer, Chief of Police
Date: November 11, 2014
Agenda Topic: Intergovernmental Agreement for Eagle County Animal Control Services
(Renewal)
Summary:
The Avon Police Department is recommending approval of the attached IGA to allow Eagle County
Animal Control Services to continue to serve the Town of Avon.
Previous Council Action: The Avon Town Council previously approved an IGA with Animal Control Services for Calendar Year
2014. This renewal IGA is for Calendar Year 2015, and has no substantive changes from the current
and existing contract.
Background:
The Avon Police Department does not employ an Animal Control Officer or maintain facilities to
manage the intake or safekeeping of domestic animals. This IGA will continue to allow Eagle County
Animal Control Services to serve the Town of Avon and provide the following:
• Twenty-four hours per day emergency on call service.
• Animal shelter service.
• Investigation and reporting of animal bite incidents.
• Enforcement of the leash law by citing violators into the Municipal Court.
• Response to calls from the Police Department or from citizens.
The following activity has been recorded by the Eagle County Animal Control in the Town Limits of
Avon:
2013
23 Bites to persons
73 Field Enforcements (total animal related calls for service)
2 Seizures, (owners in custody)
54 Stray or At-large cases 1 Animal Surrenders 8 Cruelty/Neglect Investigation
2014 through September
7 Bites to persons
63 Field Enforcements 2 Seizures, (owners in custody)
40 Strays or At-large cases
2 Animal Surrenders
4 Cruelty/Neglect investigation
Discussion:
Eagle County Animal Control Services will respond to calls; however, they do not provide routine
patrol in Avon. Due to budget savings plans in 2011, the Avon Police Department eliminated the Police Service Officer (PSO) position. A portion of the PSO duties included enforcement of the leash
law ordinance. Due to the staffing reduction, pro-active patrol for animal ordinance violations is
conducted by Avon Police Officers.
This Agreement is effective January 1, 2015, and shall end on the 31st day of December 2015. The Agreement shall run yearly from January 1, to December 31, each year, with a review by each party in
August of that year. Either party shall have the right to terminate this Agreement with or without cause
at any time by giving the other party thirty (30) days prior written notice of termination.
Obligations of the Town and the County, respectively, after the current fiscal year, are contingent upon
funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available.
Financial Implications:
The contract is $800.00 per month under this IGA, which has been budgeted for in the 2015 Police Department Budget. Additionally, the County shall bill the Town for On-Call Emergency Services at
the rate of $50.00 per hour in the case of a call-out after hours.
Staff Recommendation: It is recommended that the attached IGA with Eagle County for Animal Control Services be approved.
Alternatives:
If the IGA is not approved, the Avon Police Department will be required to provide animal control
service to the community, which may reduce patrol coverage and law enforcement response times to
active law enforcement incidents.
Recommended Motion:
“I move to approve the renewal of the Eagle County Animal Control Services IGA for Calendar Year 2015.” Town Manager Comments:
Attachments:
2015 Eagle County Animal Control IGA with the Town of Avon
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND THE TOWN OF AVON
This Agreement made this ______ day of __________________, 2014 by and between
the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the
Town of Avon, a municipal corporation (the "Town").
WITNESSETH
WHEREAS, the Town desires to contract with the County for the performance of the
hereinafter described Animal Services on the terms and conditions hereinafter set forth; and
WHEREAS, the County is agreeable to rendering such Animal Services on the terms
and conditions hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1-
201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the
Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree hereby as follows:
SECTION 1. TERRITORY COVERED.
The territory covered by this Agreement is all of that certain property legally described as the
Town of Avon.
SECTION 2. DEFINITIONS.
Emergency On-Call Service is defined as any emergency call received by the County for which
Animal Services assistance is required and no Animal Services Officer is on duty to respond.
Shelter means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle,
Colorado, and any other shelter facility operated or designated by County.
Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed
animal is confined in Shelter on behalf of the Town.
SECTION 3. SCOPE OF SERVICES.
The County agrees to provide General Animal Services and Emergency On-Call Service within
the Town of Avon as follows:
A. General Animal Services shall include:
i. Administration and enforcement of the Town of Avon Title 6 presently in
effect and as may be subsequently amended to apply for the control and licensing
of animals within the Town boundaries. Eagle County Animal Services shall be
considered the Animal Control Officer of the Town as defined by Section
6.04.020 of the Town of Avon Municipal Code.
ii. The County shall provide the Town with monthly reports and an annual report
of services provided pursuant to this Agreement. Such reports shall include, by
way of example only, the number of calls for service, number of animals
sheltered, number of Unclaimed Days, and number of citations issued, as they
apply to the Town of Avon.
iii. Animal sheltering services for animals attributable to the Town, of the nature
and quality customarily provided at the Shelter. Animals attributable to the Town
are animals impounded within the Town of Avon and animals owned by persons
dwelling, permanently or temporarily, in the Town of Avon.
B. Twenty-four (24) hours per day Emergency On-Call Service.
i. Emergency on Call Service will be provided during the period when an Eagle
County Animal Services Officer is not on duty. In the event that an Eagle County
Animal Services Officer is not immediately available to respond to an incident or
emergency, the Town of Avon will provide available personnel to secure the
scene and administer control of the situation until the Eagle County Animal
Services Officer arrives to resolve said incident.
SECTION 4. OFFICIAL STATUS.
For the purpose of performing the Animal Services and functions set forth in this agreement,
Eagle County Animal Services shall enforce, as the Town’s agent, the Town of Avon Animal
Ordinances relating to animal control and licensing now in effect and as amended.
SECTION 5. EQUIPMENT.
The County shall furnish and supply, at its sole expense, all necessary labor, supervision,
equipment, motor vehicles, office space, and operating and office supplies necessary to provide
the services to be rendered hereunder.
SECTION 6. COMPENSATION.
The Town of Avon agrees to pay the County, monthly, the sum of $800.00 for General Animal
Services.
On Call Emergency Services shall be billed at: $50.00 per hour.
The Town of Avon agrees to pay the County on or before the fifteenth day of each month for all
General Animal and Emergency On-Call Services rendered the previous month.
All fees and expenses recovered at or for the Shelter will remain with the County.
All court fines and costs will remain with the court of venue.
SECTION 7. PERSONNEL.
The Eagle County Animal Services Officer shall have full cooperation from the Town of Avon,
its public works, its police officers and/or their respective officers, agents, and employees, so as
to facilitate the performance of this Agreement.
The rendition of Animal Services provided for herein, the standards of performance, the
discipline of officers, and other matters incident to the performance of such services and the
control of personnel so employed, shall remain in the County.
All persons employed in the performance of such Animal Services for the Town of Avon,
pursuant to this agreement, shall be County employees, except for Town personnel used to
secure the scene as described in Section 3.
SECTION 8. LIABILITY AND INSURANCE.
A. The County, its officers and employees, shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of the Town or of
any officer or employee thereof. Likewise, the Town, its officers and employees,
shall not be deemed to assume any liability for intentional or negligent acts, errors
or omissions of the County or by any officer or employee thereof.
B. The County agrees to indemnify, defend and hold harmless to the extent allowed
by law, the Town, 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 the County's
intentional or negligent acts, errors or omissions or that of its agents, officers,
servants, and employees, whether contractual or otherwise. Likewise, the Town
agrees to indemnify, defend and hold harmless to the extent allowed by law, the
County, 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 the Town's intentional or
negligent acts errors or omissions or that of its agents officers, servants and
employees, whether contractual or otherwise.
C. The County and the Town shall respectively provide its own public liability,
property damage, and errors and omissions insurance coverage as each party may
deem adequate and necessary for any potential liability arising from this
Agreement. Further, the County and the Town, respectively, shall name, subject to
the approval of each respective party's insurance carriers, the other respective party
as a co-insured under such insurance policies to the extent of any potential liability
arising under this Agreement and, upon reasonable written request, shall furnish
evidence of the same to the other respective party.
SECTION 9. TERM AND TERMINATION.
This Agreement is effective January 1, 2015, and shall end on the 31st day of December, 2015.
Either party shall have the right to terminate this agreement with or without cause at any time by
giving the other party thirty (30) days' prior written notice of termination. Upon termination, the
County shall be entitled to compensation for services performed prior to such termination
(calculated by prorating the monthly rate for the number of days the County performed General
Animal Services and adding all charges for any additional services, including Emergency On
Call Services, performed by the County during that time), and both parties shall thereafter be
relieved of any and all duties and obligations under this Agreement.
Obligations of the Town of Avon and the County, respectively, after the current fiscal year, are
contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted
and otherwise made available.
SECTION 10. GENERAL PROVISIONS.
A. Notices. All notices, requests, consents, approvals, written instructions, reports or
other communication by the Town of Avon and the County, under this
Agreement, shall be in writing and shall be deemed to have been given or served,
if delivered or if mailed by certified mail, postage prepaid or hand delivered to the
parties as follows:
Town of Avon:
Chief of Police
P.O. Box 975
Avon, CO 81620
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Either party may change the address to which notices, requests, consents, approvals, written
instructions, reports or other communications are to be given by a notice of change of address
given in the manner set forth in this paragraph A.
B. This Agreement does not and shall not be deemed to confer upon or grant to any
third party any right to claim damages or to bring any lawsuit, action or other
proceedings against either the Town or the County because of any breach hereof or
because of any terms, covenants, agreements or conditions contained herein.
C. No modification or waiver of this Agreement or of any covenant, condition, or
provision herein contained shall be valid unless in writing and duly executed by
the party to be charged therewith.
D. This written Agreement embodies the whole agreement between the parties hereto
and there are no inducements, promises, terms, conditions, or obligations made or
entered into either by the County or the Town other than those contained herein.
E. This Agreement shall be binding upon the respective parties hereto, their
successors or assigns and may not be assigned by anyone without the prior written
consent of the other respective party hereto.
F. All agreements and covenants herein are severable, and in the event that any of
them shall be held invalid by a court of competent jurisdiction, this Agreement
shall be interpreted as if such invalid Agreement or covenant were not contained
herein.
G. The Town has represented to the County and, likewise, the County has represented
to the Town, that it possesses the legal ability to enter into this Agreement. In the
event that a court of competent jurisdiction determines that either of the parties
hereto did not possess the legal ability to enter into this Agreement, this
Agreement shall be considered null and void as of the date of such Court
determination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its BOARD
OF COUNTY COMMISSIONERS
By: ______________________________
Jillian H. Ryan, Chairman
Attest:
By: _________________________________
Teak J. Simonton, Clerk to the Board
TOWN OF AVON
Attest:
By:___________________________By:__________________________________
Town Clerk Mayor
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Susan Fairweather, Director of Economic Initiatives
Virginia C. Egger, Town Manager
Date: November 11, 2014
Agenda Topic: Grand Opening of Possibility Plaza, the Main Street Mall & Après Avon Inaugural Event
BACKGROUND
All improvements to Avon Road, including the construction of the Roundabout 4 AWSC element, new street
lights and pedestrian crossing signalization will be completed later this month, with the Main Street Mall and
Possibility Plaza finishing up this week. Mayor Pro tem Jennie Fancher raised the idea to have a grand opening
to commemorate the improvements and celebrate the official opening of the public space.
Staff has been discussing for the past year the possibility of having an event during the Birds of Prey World Cup
weekend, and also carrying forward this winter’s 2015 AWSC Après Avon into an annual event, including winter
market. Bringing the grand opening, World Cup weekend and Après Avon concepts together has led to the
development of an event concept for December 5th at Possibility Plaza.
EVENT CONCEPT
The December 5th event, titled for now Après Avon, A Grand Opening, includes:
• Live music, food, alcohol, nonalcoholic drinks, performance art and free hot chocolate (while supplies
last) from 4:00 – 7:00 p.m.
• A best effort will be made to create Avon’s first evening winter market with local businesses during the
event.
The event will be on a smaller scale than any of the planned Après Avon afternoons, but with similar elements
of Après Avon planned during the 2015 AWSC. The rationale is to celebrate the opening of the plaza and mall
while giving a test run of the larger production planned for February 2015. Town Manager Virginia Egger has
negotiated a Professional Services Agreement with Scotty Stoughton, producer of Après Avon, to produce the
one day event on Friday, December 5, subject to Council concept and funding approval.
EVENT BUDGET
Costs estimates for the event include deposits for talent, hotel, lodging, equipment and other related expenses,
including stage rental, heat, electricity, etc., for a total budget of $18,600. The table below summarizes the
estimated expenditures. Of importance is the budget for higher tier band and guest performer for the
event, which adds about $3,000 to the cost of the musicians, and associated expenses. Bringing better
music to the event is recommended to provide a remarkable evening with greater attendance than could
be expected from a more known local band.
Page 2
Grand Opening of Possibility Plaza, the Main Street Mall & Après Avon Inaugural Event
Funding is available from 2014 unexpended line items, including Icing on Park, an event which does not
attract a large enough gathering to be cost effective.
The Town is working closely with the Vail Valley Foundation, producers of the Birds of Prey World Cup, to find
opportunities to cross promote the event.
BUDGET GRAND OPENING OF THE MALL & APRÈS AVON
Hotel for Musicians $600
Airline Fee/Ground Transportation for musical guest $900
Talent - Band $3,500
Site Ops - Prepay on services and infrastructure $6,300
Production expenses – backline, stage, etc. $2,100
Marketing $1,000
Creative $500
Performance Art $2,000
Subtotal $16,900
Contingency funds – unforeseen event related expenses $1,700
Producer Request $18,600
Staff Funding Recommendation - Staff has reviewed the concept, production budget, and talent
proposal and recommends approval, with the proposed budget being adequate and appropriate for the
caliber of the event.
Council Action – If Council would like to move forward with the event, a recommended motion is:
“I approve the Grand Opening of Possibility Plaza, the Main Street Mall & Après Avon Inaugural Event concept,
title, date and funding”.
ORDINANCE 14-19, TITLE 6, ANIMALS, & CHAPTER 9.40, PUBLIC PARKS, AMC – LEASH LAWS ON WEST AVON PRESERVE
PAGE 1 OF 2
TOWN COUNCIL REPORT
To: Honorable Mayor and Avon Town Council
From: Matt Pielsticker, AICP, Planning Manager
Date: October 20, 2014
Agenda Topic: PUBLIC HEARING: 2nd Reading of Ordinance 14-19, an Ordinance Amending Title 6, Animals,
AMC & Chapter 9.40, Public Parks, AMC
Regulations affecting Leash Laws on the West Avon Preserve
Summary
Attached to this report is Ordinance 14-19, an Ordinance amending Title 6, Animals, Avon Municipal
Code (“AMC”), and Chapter 9.40, Public Parks, AMC. First and foremost, this Ordinance provides
added flexibility to pet owners who use the West Avon Preserve (“the Preserve”) who wish to walk
pets off leash. Currently, all animals in the Town of Avon must be leashed at all times. This code
change stems from the recent acquisition of the Preserve and the enforcement duties assigned to the
Town through a Conservation Easement and Town Code. Through the process of public open houses
for new trail discussion, and discussing the content of signage for the Preserve with residents and trail
users, the topic of walking dogs came to light. Council will consider 2nd Reading and Public Hearing
Ordinance 14-19 at the November 11th, 2014 meeting.
Context
The Preserve is a 478 acre property that was acquired in May, 2013, with significant conservation
values. The Preserve serves as wildlife habitat and scenic open space, with recently renowned
recreational values that are realized by significant trail construction in 2014. Residents have
historically used the Preserve for the casual enjoyment of walking pets to “Beaver Creek Point”
and some of the other social trails. Since the Preserve was acquired in 2013 and technically subject
to all aspects of the AMC, including Title 6, Animals, no changes to the enforcement of pets off
leash has resulted. Ordinance 14-19 would allow pets off leash, under voice control. Additionally,
authority would be granted to the Town Manager to provide additional management discretion
(i.e. seasonal closures) to help protect the conservation values.
Ordinance Highlights
• Pets would be allowed off-leash on West Avon Preserve, including trails on adjacent open
space tracts (i.e. portions of Tract P) part of the WIldridge Subdivision.
• Pets must be under voice control, as defined, and owners must carry leashes.
o If dog causes injury, damage or trespass then dog is not under voice control and in
violation of code.
• Changes to Chapter 9.40, Public Parks, have been incorporated since first reading to
reinforce Town Manager authority for managing trail closures and animal control for all
open space as well as parks.
• Park definition added so that Town Manager authority applies to open space as well as
parks (i.e. drones, camping, fires, etc).
ORDINANCE 14-19, TITLE 6, ANIMALS, & CHAPTER 9.40, PUBLIC PARKS, AMC – LEASH LAWS ON WEST AVON PRESERVE
PAGE 2 OF 2
Recommendation
If Council finds the attached (Attachment A) Ordinance and modified code language appropriate,
Staff Recommends approval as drafted.
Attachment
Ordinance 14-19
Page 1 of 4
Ord No. 14-19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code
TOWN OF AVON, COLORADO
ORDINANCE 14-19
SERIES of 2014
AN ORDINANCE AMENDING TITLE 6, ANIMALS, AVON MUNICIPAL CODE,
AND CHAPTER 9.40, PUBLIC PARKS, AVON MUNICIPAL CODE, ADDING
NEW REGULATIONS REGARDING LEASH LAWS ON THE WEST AVON
PRESERVE PROPERTY
WHEREAS, the Town of Avon acquired the West Avon Preserve property for open space
and recreational purposes in 2013; and,
WHEREAS, the Town Council of the Town of Avon finds that the West Avon Preserve
property has historically been utilized by dog owners without leashes with certain restrictions;
and,
WHEREAS, the Town Council of the Town of Avon finds that seasonal wildlife closures
and other restrictions can be properly managed by the Town Manager with consultation from
outside agencies and land managers; and,
WHEREAS, the Town Council of the Town of Avon finds that amendments to Title 6,
Animals, Avon Municipal Code, and Chapter 9.40, Public Parks, Avon Municipal Code, will
promote the health safety and welfare of the Avon community; and,
WHEREAS, the Town Council of the Town of Avon conducted a public hearing on
November 11, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies the proposed amendment to the Avon Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Title 6, Animals. Title 6, Animals, Avon Municipal Code, is
amended by adding the underlined language as follows:
Section 6.04.020, Definitions, is amended to repeal and re-enact the definition of “Control” and
to adopt and add the definition of “Preserve” and “Voice control” to read as follows:
Control means the physical restraint or influence over a cat or dog by means of a
secured leash, tether, cord or chain no longer than ten (10) feet in length which is
being held by a person who is thereby in fact able to prevent the cat or dog from
Page 2 of 4
Ord No. 14-19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code
charging, chasing or otherwise disturbing or interfering with any person, domestic
animal or wildlife, irrespective of the presence of any distraction or provocation.
Preserve is the Town-owned 478-acre parcel of property located between
Wildridge and Interstate 70 also known as the “West Avon Preserve” and includes
property designated as “open space” and/or “park” and/or “planned unit
development open space” as established by the Avon zoning districts.
Voice control means immediate and reliable obedience to any voice or sound
command given by the owner or handler who is thereby in fact able to prevent the
dog from charging, chasing or otherwise disturbing or interfering with any person,
domestic animal or wildlife, irrespective of the distance involved or the presence
of any distraction or provocation.
Section 6.04.060(a) is amended by adding language to read as follows:
(a) With the exception of the Preserve property, it is the duty of any owner or
keeper of a dog or cat to keep such dog or cat under control, as herein defined, so
as to prevent the dog or cat from:
(1) Running at large;
(2) Becoming a danger to persons or property;
(3) Trespassing on the property of another;
(4) Being a public nuisance as defined in Section 6.04.230;
(5) Chasing or threatening wildlife.
Section 6.04.060, Control, is amended by adding sub-section (l) to read as follows:
(l) Any dog on the Preserve property shall be under voice control and
furthermore the owner or keeper of a dog shall have in his or her possession at all
times a leash. A dog is presumed to be running at large and not under voice
control if injury, damage or trespass occurs.
Section 3. Amendment to Chapter 9.40, Public Parks. Chapter 9.40, Public Parks, Avon
Municipal Code, is amended by adding underlined language as follows:
Section 9.40.010, Definitions, is amended by adding the definition of “Park”
and “Preserve” to read as follows:
Park means any Town owned property that is included in the Park zone district,
Open Space, Landscaping and Drainage zone district, or Planned Unit
Development district with a designated park or open space use, and Town owned
property that is otherwise designated by Council as park or open space.
Preserve is the Town-owned 478-acre parcel of property located between
Wildridge and Interstate 70 also known as the “West Avon Preserve” and includes
property designate as “open Space” and/or “park” and/or “planned unit
development open space” as established by the Avon zoning districts.
Page 3 of 4
Ord No. 14-19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code
Section 9.40.020, Town Manager Authority, is amended to read as follows:
The Town Manager shall have the authority to designate hours of operation,
designate areas for uses or restriction of uses, establish procedures for licensing
and permitting, designate park areas where voice control of dogs is permitted and
take action on such other matters regarding parks as set forth in this Chapter. The
Town Manager shall have the authority to manage and modify rules for the
Preserve including but not limited to modifying closures for wildlife protection.
Section 4. Correction of Errors. The codifier of the Town’s Municipal Code, Colorado
Code Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The
Town Clerk is authorized to correct, or approve the correction by the codifier, of any
topographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall,
Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a
copy of the ordinance in full is available for public inspection in the office of the Town Clerk
during normal business hours. The Town Clerk is further ordered to publish a notice stating a
vested property right has been created in accordance with Section. 7.16.140(d)(2) of the Avon
Municipal Code.
[EXECUTION PAGE FOLLOWS]
Page 4 of 4
Ord No. 14-19 Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED on October 28, 2014 and a public hearing on this ordinance shall be held at the regular
meeting of the Town Council on November 11, 2014, at 5:00 P.M. in the Council Chambers,
Avon Municipal Building, One Lake Street, Avon, Colorado.
____________________________
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST:
____________________________
Debbie Hoppe, Town Clerk
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 11th day of November, 2014.
____________________________
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST: APPROVED AS TO FORM:
__________________________ ____________________________
Debbie Hoppe, Town Clerk Eric Heil, Town Attorney
TOWN COUNCIL REPORT
To: Honorable Mayor and Town Council
From: Matt Pielsticker, AICP, Planning Manager
Date: November 5, 2014
Re: Revocable Encroachment License for Private Improvements on Public Property located on Lot
65-A, Block 2, Benchmark at Beaver Creek
Summary
Before Council for action is a revocable License Agreement for a private sign on public property located
adjacent to the commercial building located at 182 Avon Road. The sign was installed without permits or
approval at or about August 15, 2014. The sign is located next to the Christy Sports tenant space on Lot
65-A, Block 2, Benchmark at Beaver Creek Subdivision. Lot 65-A is a triangle parcel which encompasses an
the area between Christy Sports and the Annex Building to the north. This property contains on-street
parking, the roadway connecting Avon Road to Chapel Square, as well as private parking for the Annex
property.
PZC Design Approval
The Planning and Zoning Commission (“PZC”) approved a design application for signs at the Christ y Sports
property, now known as “The Crossing,” at their September 23rd meeting. The design approval included the
subject freestanding monument sign (see attached design), which includes tenant panels and building
identification component. PZC’s approval was conditional based on the following:
Finding - Monument sign design conforms to review criteria #1, The suitability of the
improvement, including materials with which the sign is to be constructed and the site upon
which it is to be located; the monument sign is found to be suitable on Lot 65-A (public
property), and is the appropriate location as it creates uniformity amongst other freestanding
signs in the vicinity.
Condition - The monument sign is located on Town of Avon property (Lot 65-A). This approval
is for design only; final approval must be obtained from the Avon Town Council, or sign must
be relocated to location within Lot 21 and approved by Staff.
The PZC discussed the unique nature of The Crossing building, sitting almost flush with the Lot 65-A property
line. There was discussion about the lack of other suitable locations for such sign type, and PZC ultimately
approved the location based on the fact that tenants further from the property line have scarce visibility and
the sign orientation and location was consistent with other recent approvals in the area.
Public Parking Lot
Council recently approved an Ordinance and License Agreement for the construction of public parking and
landscaping on the adjacent Avon Road Right-of-Way property. This particular License Agreement requires that
the parking be accessible and open to the parking by the general public without charge and signed accordingly.
The parking was not been constructed this year due to time constraints, however, the agreement allows for the
parking lot to be built before November 15, 2015. Construction of the parking is expected next year.
Page 2
It is staff’s recommendation to require that a sign panel reading “Public Parking” be added to the monument
sign as a condition to the attached draft License Agreement when the parking lot is constructed, providing a a
direct, tangible, public purpose for the commercial sign in Town right-of-way.
Available Actions
• Approve License Agreement as drafted.
• Approve modified License Agreement.
• Continue action on License Agreement to future meeting.
Motion
If Council wishes to proceed with the License Agreement for Private Improvements on Lot 65-A, Block 2,
Benchmark at Beaver Creek, the recommended motion is: I move to approve the License and Encroachment
Agreement attached to Matt Pielsticker’s November 5, 2014 Staff Report [with or without modifications.]
Attachments
Sign Design
License Agreement
License Agreement – Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 1 of 6
LICENSE AGREEMENT FOR PRIVATE IMPROVEMENTS ON A PORTION OF LOT 65-A, BLOCK 2,
BENCMARK AT BEAVER CREEK SUBDIVISION
1.0 PARTIES. The parties to this agreement (“Agreement”) are the TOWN OF AVON,
COLORADO, a Colorado home rule municipality (“Town”) and HOFFMANN COMMERCIAL PROPERTIES, LLC (“Licensee”). This Agreement is effective upon
execution by the Licensee and following execution by the Mayor on the date indicated
below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain property located in the Town of Avon, Eagle
County, Colorado, commonly known as Lot 65A, Block 2, Benchmark at Beaver Creek Subdivision. A portion of Lot 65-A that is subject to this Agreement is
more specifically described on Exhibit A – License Agreement (“Exhibit”) and
such portion of Lot 65A shall be referred to as the “Town Property”.
2.2. The Licensee has expressed a desire to encroach upon and occupy the Town
Property for the purpose of installing, constructing, and maintaining certain temporary landscape improvements.
2.3. Licensee agrees to construct a freestanding tenant sign and associated
landscaping (“Private Improvements”) on the Town Property. Town further
finds that the Private Improvements on Town Property provide benefits and value that equal or exceed the value of the Town Property that the Town is providing
for use by Licensee.
2.4. The Town is willing to grant a revocable license to the Licensee under the terms and conditions as hereinafter specified in this Agreement provided that nothing in
this Agreement shall waive or modify any obligation to seek building permits, right-of-way permits (including traffic control), variances, or other approval necessary to meet any obligation imposed by law. The Licensee remains
obligated to apply for and obtain all necessary permits and approvals, pay all required fees, and comply with all applicable local laws, including but not limited
to any applicable provisions in the Avon Municipal Code.
3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee a revocable license for the
encroachment and occupation described as follows: landscape plantings (trees,
shrubs, and ground cover), retaining walls, as such Private Improvements are depicted on the Exhibit; provided, however, that nothing in this Agreement is
intended to waive, alter, modify, or permit any violation of any local law
applicable within the Town of Avon. To the extent that the location or other specifications of this Agreement or any exhibit conflicts with local laws, the local
law shall govern. Except for the encroachment and occupation of the Private Improvements identified in this ¶ 3.1 and depicted on the Exhibit, no other encroachment, structure, improvement, vehicle, fence, wall, landscaping, or any
License Agreement – Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 2 of 6
other real or personal property shall be erected, installed, constructed, parked, stored, kept, or maintained in any way or fashion on the Town Property.
3.2. The encroachment and occupation as specified in ¶ 3.1 above shall continue
from the date of this Agreement to the time that this Agreement is terminated. The Town may terminate this Agreement at any time if the Town Council,
following a duly noticed public hearing, makes a legislative determination that removal of the Private Improvements is necessary to protect the public health, safety, or welfare of the Avon community. At such time as the Town Council
makes a determination that removal of the Private Improvements is necessary, the Town Council shall also make a legislative determination regarding the reasonable period of time within which the Private Improvements must be
removed. Except in the case of a public safety emergency or where a shorter period of time is justified due to the nature of the Private Improvements, the
Licensee shall customarily not be required to remove the Private Improvements
within less than thirty (30) days of notice to the Licensee. The Town may also terminate this Agreement at any time in the case of a declaration by the Town
Council for the Town of Avon that a public safety emergency exists by giving
written notice to the Licensee five (5) days in advance of the effective date of termination.
3.3. The Licensee agrees to construct, maintain, and repair the Private Improvements
placed or located on the Town Property by the Licensee or its lessees, agents, employees, or other persons under the control or direction of the Licensee
pursuant to this Agreement at the cost and expense of the Licensee and at no cost or expense to the Town.
3.4. The Licensee agrees to remove or cover graffiti or other damage caused to the
Private Improvements within a reasonable time following notice or knowledge of such damage or within forty-eight (48) hours of delivery to the Licensee of a written demand by the Town, whichever is earlier.
3.5. The Licensee agrees to maintain the landscaping in a healthy condition at all times during this Agreement and shall be responsible for ensuring the proper
pruning or replacement as necessary to present a healthy landscape condition.
3.6. The Licensee expressly agrees to, and shall, indemnify and hold harmless the Town and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney’s fees that are or
may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm,
partnership, or corporation, in connection with or arising out of any omission or act of commission by the Licensee or any of its employees, agents, partners, or lessees, in encroaching upon the Town Property. In particular and without
limiting the scope of the foregoing agreement to indemnify and hold harmless, the Licensee shall indemnify the Town for all claims, damages, liability, or court awards, including costs and attorney’s fees that are or may be awarded as a
result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any claim in whole or in part that
License Agreement – Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 3 of 6
all or any portion of the Private Improvements and encroachment permitted by this Agreement constitutes a dangerous and/or unsafe condition within a public
right-of-way.
3.7. The Licensee agrees that it will never institute any action or suit at law or in equity against the Town or any of its officers or employees, nor institute,
prosecute, or in any way aid in the institution or prosecution of any claim, demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising
as a result of or form the revocable license granted to the Licensee by this Agreement. This provision includes but is not limited to claims relating to road maintenance, snow removal or other public works activities performed by or on
behalf of the Town.
3.8. The Licensee agrees that the Town is not liable, and will not assume any liability,
responsibility, or costs for any damage, maintenance, or repair of any Private
Improvements erected or maintained by the Licensee under this Agreement.
3.9. The Licensee agrees to repair and reconstruct any damage to the Town Property
upon termination of this Agreement or removal of the Private Improvements
described in ¶ 3.1 and any other improvements erected by the Licensee on the Town Property and the Licensee shall return the Town Property to its original
condition at the cost and expense of the Licensee and at no cost or expense to
the Town. In the event that Licensee does not remove the Private Improvements and repair and restore Town Property to the condition prior to this Agreement
within the time period determined in ¶ 3.2 above, then Licensee shall be deemed to have abandoned the Private Improvements and any rights thereto and the Town may proceed to remove the Private Improvements. The Town may seek
recovery of all costs incurred for the removal of Private Improvements from Town Property, repair of damages to Town Property, and restoration of Town Property, including legal costs and reasonable attorney fees.
3.10. The Licensee agrees to procure and maintain, at its own cost, a policy or policies of insurance protecting against injury, damage or loss occurring on the licensed
premises in the minimum amount of $1,000,000.00 per occurrence. Such policy
or policies shall name the Town as an “additional insured”. However, the Licensee’s failure to take such steps to insure the premises shall not waive,
affect, or impair any obligation of the Licensee to indemnify or hold the Town
harmless in accordance with this Agreement.
3.11. The Licensee shall be deemed to have intentionally and irrevocably abandoned
and relinquished rights and interest in the Private Improvements in the event that the Licensee conveys all the Licensee’s interest in the property or properties obtaining access or receiving benefit from the improvements and encroachments
described in this Agreement. The Town shall be entitled to rely upon the public records of ownership maintained by the office of either the Eagle County Clerk and Recorder or the Eagle County Assessor in rendering a determination that the
Licensee has abandoned and relinquished the Licensee’s rights and interests as provided by this paragraph. In such event, the Town may remove and demolish such improvements without notice to the Licensee.
License Agreement – Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 4 of 6
4.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior written consent of the Town which may withhold its consent for any reason; provided that
the Town encourages the Licensee to inform any purchaser of the Licensee’s property or
interests of the existence of this Agreement and the Town will promptly consider any request by the Licensee for assignment of this Agreement to such subsequent
purchaser.
5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if
sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other
party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail.
6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties.
If any other provision of this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Invalidation of the Agreement in its
entirety shall revoke any authorization, whether explicit or implied to the continuing use
and occupancy of the Town Property for the Private Improvements.
7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado.
8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any
term or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party.
9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein.
10.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town shall incur no cost or expense attributable to or arising from the construction,
maintenance, or operation of the Private Improvements and encroachment permitted by
this Agreement and that, in all instances, the risk of loss, liability, obligation, damages, and claims associated with the encroachment shall be borne by the Licensee. This
Agreement does not confer upon the Licensee any other right, permit, license, approval,
or consent other than that expressly provided for herein and this Agreement shall not be construed to waive, modify, amend, or alter the application of any other federal, state, or
local laws, including laws governing zoning, land use, property maintenance, or nuisance.
License Agreement – Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 5 of 6
11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are expressly authorized to execute this Agreement on behalf of the Parties and to bind their
respective Parties and that the Parties may rely upon such representation of authority.
12.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this Agreement or to recover reimbursement costs for removal of Private Improvements
from, repair of any damages, and/or restoration of Town property subject to this Agreement, Town shall be entitled to recover any and all legal costs and attorney’s fees incurred.
[SIGNATURE PAGE FOLLOWS]
License Agreement – Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 6 of 6
DATED NOVEMBER 11, 2014.
TOWN OF AVON:
By: ________________________________ Rich Carroll, Mayor
ATTEST: Approved as to Form:
_________________________________ ______________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney
LICENSEE:
By: _________________________________
Name:_______________________________
Title:________________________________
Address: PO Box 1980 Avon, CO 81620 STATE OF COLORADO )
) COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ________ day of
____________________, 20____, personally by _______________________________.
___________________________________ Notary Public
(SEAL) Commission expires: _____________
Heil Law & Planning, LLC Office: 303.975.6120
3445 S. Clermont St. 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: Ordinance No. 14-18 Approving Acquisition of Tract S
DATE: November 6, 2014
Summary: Ordinance No. 14-18 is presented to Council for consideration for second and final reading.
Ordinance No. 14-18 would authorize the acquisition of Tract S from the Twin Bears Townhomes Common
Area. During the construction of the recreational trails on the West Avon Preserve, the preferred alignment
of one trail encroached slightly on the Twin Bears Townhomes common area. Town has worked closely
with the Twin Bears Townhomes owners to address this trail encroachment. Tract S is .015 acres, or 652
square feet. The consideration for the acquisition would be $8,000 ($12.2 per square foot), which Town
staff believes is a reasonable and market based price considering the circumstances.
Acquisition of a fee simple interest by the Town was determined to be preferred over a license agreement
or permanent easement because the Town’s liability and maintenance responsibility for the trail would be
more clear and would be consistent with Town property management as a Town property. A formal
purchase agreement has not been prepared due to the small amount of property involved and modest
amount of consideration proposed. Town staff has negotiated the acquisition price and agreed to pay the
costs of preparing a subdivision plat to create Tract S for conveyance. Approval of the subdivision plat to
create Tract S would be administrative and would be finalized only after Council approves Ordinance 14-18
on second and final reading. The form of the deed for conveyance is currently under discussion with the
Twin Bears Townhomes owners association.
Council must conduct a public hearing for second reading of an ordinance.
Proposed Motion: “I move to approve Ordinance No. 14-18 Approving Acquisition of Tract S of the Twin
Bears Townhomes, Town of Avon, Colorado on second and final reading.”
Attachment A: Ordinance No. 14-18
Attachment B: Subdivision Depiction of Tract S
M EMORANDUM & PLANNING, LLC
Ord. No 14-18 Approving Acquisition of Tract S, Twin Bears Townhomes
November 11, 2014 FINAL
Page 1 of 3
TOWN OF AVON
ORDINANCE 14-18
SERIES of 2014
AN ORDINANCE APPROVING THE ACQUISITION OF TRACT S OF
THE TWIN BEARS TOWNHOMES, TOWN OF AVON, COLORADO
WHEREAS, the Town of Avon and Twin Bears Townhome Owners Association, have mutually
agreed to the sale and conveyance to the Town of Avon of a portion of the Twin Bears
Townhome common area, described as Tract S of the AMENDED FINAL PLAT, A
RESUBDVISION OF TWIN BEARS TOWNHOMES, Lot 3, Block 2, Wildridge Subdivision,
Town of Avon, County of Eagle, Colorado (“Property”);
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may
acquire real property interests and Colorado Revised Statutes section 31-15-101(1)(d) provides
that municipalities may acquire and hold real property;
WHEREAS, the Town Council finds that acquisition of this Property supports Avon
Comprehensive Plan by adding recreational trails for use and enjoyment by the Avon community
and securing property that allows a better trail that minimizes excavation and disturbance of
native vegetation;
WHEREAS, the Town Council finds that acquisition of the Property shall promote the health,
safety, prosperity, convenience and general welfare of the Avon community by; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to provide public comment
on this Ordinance and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Acquisition Approved. The acquisition of the Property for $8,000.00 is hereby
approved. The form of the deed shall be subject to review and approval by the Town Attorney.
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute and attest to documents related to acquisition of the
Property in accordance with this Ordinance and take such other actions as may be reasonably
necessary to implement the actions in this Ordinance.
ATTACHMENT A: ORD NO. 14-18
Ord. No 14-18 Approving Acquisition of Tract S, Twin Bears Townhomes
November 11, 2014 FINAL
Page 2 of 3
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title only in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the Ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
[Signature page follows]
ATTACHMENT A: ORD NO. 14-18
Ord. No 14-18 Approving Acquisition of Tract S, Twin Bears Townhomes
November 11, 2014 FINAL
Page 3 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for November 11,
2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on October 28, 2014.
____________________________
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least six days prior to final action by the Town Council.
ATTEST:
____________________________
Debbie Hoppe, Town Clerk
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on November 11, 2014.
____________________________
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________
Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney
ATTACHMENT A: ORD NO. 14-18
ATTACHMENT B: TRACT S DEPICTION
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: November 11, 2014
Re: Adoption of Proposed 2015 and Final Revised 2014 Operating Budgets
Summary:
The Town’s final revised operating budgets for 2014 and proposed 2015 are hereby submitted for adoption by the Avon Town Council.
According to State Statute, because the Town levies a property tax, the budget must be
adopted by December 15, and filed with the Division of Local Governments no later than
January 31. This budget meets this and all other legal requirements for submission.
The Town Manager and staff presented the recommended budget at the Council work session held on October 14nd. Changes were made to the General Fund based on Council requests and the revisions were submitted and approved by council on October 28th.
Public Hearing. As required by Town Charter, on November 11, 2014, a public hearing will
be held for members of the public to comment on the proposed 2015 budget.
Recommendation:
Staff recommends that Council adopt the resolutions discussed above as presented.
Exhibits and Attachments: 2015 Financial Overview, Total - All Funds
2015 Financial Overview, Total by Fund
Resolution No. 14-27
Resolution No. 14-29
Section II, Page 1
Original or Final
Prev. Amend.Revised Proposed
Actual Budget Budget Budget
2013 2014 2014 2015
REVENUES
Taxes 12,529,700$ 13,066,894$ 13,825,178 15,924,726$
Licenses and Permits 336,548 172,500 153,500 153,500
Intergovernmental 8,415,474 2,270,543 2,245,043 1,306,956
Charges for Services 3,445,308 3,899,203 3,795,810 3,680,356
Fines and Forfeitures 104,736 110,275 128,173 101,900
Investment Earnings 21,296 27,775 29,455 24,113
Other Revenue 547,271 435,130 544,388 458,709
Total Operating Revenues 25,400,333 19,982,320 20,721,547 21,650,260
Other Sources
Sales of Fixed Assets 59,511 3,500 12,555 27,000
Capital Lease Proceeds 175,326 188,062 188,062 -
Bond and Loan Proceeds 6,825,000 - 9,829,000 -
Transfers-In From Other Funds 3,282,160 4,714,736 6,244,282 4,118,822
Total Other Sources 10,341,997 4,906,298 16,273,899 4,145,822
TOTAL REVENUES 35,742,330 24,888,618 36,995,446 25,796,082
EXPENDITURES
General Government and Finance 2,595,654 3,207,774 3,206,214 2,827,862
Community Development 536,483 484,448 487,786 1,060,377
Public Safety 2,539,475 2,739,674 2,756,957 2,992,877
Road and Bridge, Engineering and Utilities 1,682,538 1,750,778 1,683,854 3,170,799
Transportation and Fleet Maintenance 2,692,039 2,952,221 2,998,630 3,558,517
Parks and Recreation 3,556,864 4,164,945 4,265,018 2,448,303
Total Operating Expenditures 13,603,053 15,299,840 15,398,459 16,058,735
Debt Service 7,895,962 1,985,077 1,991,931 2,051,276
Capital Improvements and Equipment Replacement 12,148,170 7,337,987 13,540,491 5,606,849
Contingency - 62,500 6,500 100,000
Other Uses
Transfers-Out To Other Funds 3,282,160 4,481,736 6,244,282 4,118,822
TOTAL EXPENDITURES 36,929,345 29,167,140 37,181,663 27,935,682
NET SOURCE (USE) OF FUNDS (1,187,015) (4,278,522) (186,217) (2,139,600)
FUND BALANCES, Beginning of Year 17,468,923 16,103,284 16,281,908 16,095,691
FUND BALANCES, End of Year 16,281,908$ 11,824,762$ 16,095,691$ 13,956,091$
TOTAL - ALL FUNDS
TOWN OF AVON
Financial Overview
Section II, Page 2
Town Urban Community Affordable
General Center Renewal Enhancement Water Housing
Fund West Fund Fund Fund Fund
REVENUE
Taxes 10,820,041$ -$ 698,162$ -$ -$ -$
Licenses and Permits 153,500 - - - - -
Intergovernmental 948,956 - - - - -
Charges for Services 1,276,195 - - - 170,000 -
Fines and Forfeitures 101,900 - - - - -
Investment Earnings 15,000 - 3,141 - - 1,231
Other Revenue 309,119 - - 84,000 - 2,510
Total Operating Revenues 13,624,711 - 701,303 84,000 170,000 3,741
Other Sources
Sales of Fixed Assets - - - - - -
Capital Lease Proceeds - - - - - -
Bond and Loan Proceeds - - - - - -
Transfers-In From Other Funds 1,538,335 250,000 - - - -
TOTAL REVENUES 15,163,046 250,000 701,303 84,000 170,000 3,741
EXPENDITURES
General Government, Housing and Finance 2,826,912 - 950 - - -
Community Development 1,060,377 - - - - -
Police 2,992,877 - - - - -
Public Works, Engineering and Utilities 3,005,561 - - - 165,238 -
Transportation and Fleet Maintenance - - - - - -
Recreation and Culture 2,191,678 256,625 - - - -
Total Operating Expenditures 12,077,405 256,625 950 - 165,238 -
Debt Service - - 579,504 - - -
Capital Expenditures - - - - - -
Contingency 100,000
Other Uses
Transfers-Out To Other Funds 1,672,000 - 100,000 - - -
TOTAL EXPENDITURES 13,849,405 256,625 680,454 - 165,238 -
NET SOURCE (USE) OF FUNDS 1,313,641 (6,625) 20,849 84,000 4,762 3,741
FUND BALANCES, Beginning of Year 3,315,036 102,390 776,835 18,728 844,469 513,594
FUND BALANCES, End of Year 4,628,677$ 95,765$ 797,684$ 102,728$ 849,231$ 517,335$
Special Revenue Funds
TOTAL - BY FUND
TOWN OF AVON
Financial Overview
Section II, Page 3
Internal
Facilities ebt Service Fund Capital Service Percent
Reserve Bond Projects Transit Fleet Equipment of
Fund Redemption Fund Fund Maintenance Replacement Total Total
-$ 541,020$ 3,825,312$ 40,191$ -$ -$ 15,924,726$ 73.55%
- - - - - - 153,500 0.71%
- - 30,000 328,000 - - 1,306,956 6.04%
- - - 263,066 1,372,358 598,737 3,680,356 17.00%
- - - - - - 101,900 0.47%
- 1,000 3,741 - - - 24,113 0.11%
- - - 63,080 - - 458,709 2.12%
- 542,020 3,859,053 694,337 1,372,358 598,737 21,650,260 100.00%
- - - - - 27,000 27,000
- - - - - - -
- - - - - - -
- 808,487 120,000 1,102,000 300,000 - 4,118,822
- 1,350,507 3,979,053 1,796,337 1,672,358 625,737 25,796,082
- - - - - - 2,827,862 17.61%
- - - - - - 1,060,377 6.60%
- - - - - - 2,992,877 18.64%
- - - - - - 3,170,799 19.75%
- - - 1,869,598 1,688,919 - 3,558,517 22.16%
- - - - - - 2,448,303 15.25%
- - - 1,869,598 1,688,919 - 16,058,735 100.00%
- 1,350,507 121,265 - - - 2,051,276
- - 5,086,679 - - 520,170 5,606,849
100,000
- - 2,346,822 - - - 4,118,822
- 1,350,507 7,554,766 1,869,598 1,688,919 520,170 27,935,682
- - (3,575,713) (73,261) (16,561) 105,567 (2,139,600)
- 511,335 6,547,338 495,562 179,389 2,791,015 16,095,691
-$ 511,335$ 2,971,625$ 422,301$ 162,828$ 2,896,582$ 13,956,091$
Enterprise Funds
TOTAL - BY FUND
TOWN OF AVON
Financial Overview
TOWN OF AVON, COLORADO RESOLUTION NO. 14-27
SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2014 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2014 budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for all operating funds for 2014; and
WHEREAS, the Town Council finds it necessary to amend the 2014 budget to more accurately reflect the revenues and expenditures for 2014; and
WHEREAS, upon due and proper notice, published or posted in accordance with
the law, the proposed budget amendment to the 2014 budget was open for inspection by
the public at a designated place, a public hearing was held on November 11, 2014 and interested taxpayers were given the opportunity to file or register any objections to the
proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the following funds are
revised as follows for 2014:
Original or
Previously
Amended 2014 Budget
Current
Proposed
Amended 2014 Budget
General Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 4,853,248
13,242,295
13,530,526
$ 4,853,248
13,518,711
15,056,923
Ending Fund Balance
$ 4,565,017
$ 3,315,036
Original or
Previously
Amended
2014 Budget
Current
Proposed
Amended
2014 Budget Town Center West Maintenance Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 59,938
245,000
245,089
$ 82,292
245,000
224,902
Ending Fund Balance $ 59,849 $ 102,390
Community Enhancement Fund
Beginning Fund Balance
Revenues and Other Sources Expenditures and Other Uses
$ 533,330
75,000 275,000
$ 542,728
84,000 608,000
Ending Fund Balance
$ 333,330
$ 18,728
Water Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 754,558
397,000
407,089
$ 754,558
397,000
307,089
Ending Fund Balance
$ 744,469
$ 844,469 Affordable Housing Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 709,854
3,740
200,000
$ 709,854
3,740
200,000
Ending Fund Balance
$ 513,594
$ 513,594
Debt Service Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 494,552
1,264,352
1,264,352
$ 511,335
1,264,352
1,264,352
Ending Fund Balance
$ 494,552
$ 511,335 Transit Enterprise Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 560,732
1,320,883
1,406,079
$ 560,732
1,318,414
1,383,584
Ending Fund Balance
$ 475,536
$ 495,562
Original or
Previously
Amended
2014 Budget
Current
Proposed
Amended
2014 Budget Fleet Maintenance Enterprise Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 304,827
1,449,935
1,546,142
$ 222,797
1,571,638
1,615,046
Ending Fund Balance $ 208,620 $ 179,389
Equipment Replacement Internal Service
Fund
Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses
$ 2,433,516 755,132
459,402
$ 2,495,430 764,187 468,602
Ending Fund Balance
$ 2,729,246
$ 2,791,015
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 11th day of November, 2014.
TOWN OF AVON, COLORADO
______________________________
Rich Carroll, Mayor ATTEST:
_____________________________
Debbie Hoppe Town Clerk
TOWN OF AVON
RESOLUTION NO. 14-29
SERIES OF 2014
A RESOLUTION TO ADOPT THE 2015 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR
EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO,
FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015
AND ENDING ON THE LAST DAY OF DECEMBER, 2015
WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager
to prepare and submit a proposed budget to said governing body for its consideration; and
WHEREAS, upon due and proper notice, published and posted in accordance with the
law, said proposed budget was open for inspection by the public at a designated place. A public
hearing was held on November 11, 2014, and interested taxpayers were given the opportunity to
file or register any comment to said proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like increases
were added to the revenues so that the budget remains in balance, as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for each fund are as follows for
2015:
2015
Proposed
Budget
General Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 3,315,036
15,163,046
13,849,405
Ending Fund Balance
$ 4,628,677
Town Center West Maintenance Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 102,390
250,000
256,625
Ending Fund Balance
$ 95,765
2015
Proposed
Budget
Community Enhancement Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 18,728
84,000
0
Ending Fund Balance
$ 102,728
Water Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 844,469
170,000
165,238
Ending Fund Balance
$ 849,231
Affordable Housing Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 513,594
3,741
0
Ending Fund Balance
$ 517,335
Debt Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 511,335
1,350,507
1,350,507
Ending Fund Balance
$ 511,335
Transit Enterprise Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 475,536
1,796,337
1,869,598
Ending Fund Balance
$ 402,275
Fleet Maintenance Enterprise Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 179,389
1,672,358
1,688,919
Ending Fund Balance
$ 162,828
2015
Proposed
Budget
Equipment Replacement Internal Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 2,791,015
625,737
520,170
Ending Fund Balance
$ 2,896,582
Section 2. That the budget, as submitted, amended, and hereinabove summarized by
fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated
above.
Section 3. That the budget hereby approved and adopted shall be signed by the Mayor
and made part of the public record of the Town.
ADOPTED this 11th day of November, 2014.
TOWN OF AVON, COLORADO
______________________________
Rich Carroll, Mayor
ATTEST:
_____________________________
Debbie Hoppe
Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council
From: Kelly Huitt, Budget Analyst
Date: November 11, 2014
Re: Adoption of Proposed 2015 and Final Revised 2014 Capital Projects Fund
Summary:
The Town’s final revised Capital Projects Fund budget for 2014 and the proposed 2015 Capital Projects Fund budget are hereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program
(otherwise referred to as the 5-year plan).
Concurrently with the presentation of the Town’s operating budgets, the Town Manager
presented her recommended Capital Projects Fund budget at the Council budget work session
held on October 14. A public hearing will be held on November 11.
No changes have been made subsequent to the October 28th budget work session.
Recommendation:
Staff recommends that Council adopt the resolutions discussed above as presented, and accept
the long-range capital program as submitted.
Exhibits and Attachments:
Capital Projects Fund Budget
Long-range Capital Program (5-year CIP Plan) Resolution 14-28
Resolution 14-30
Section IV, Page 1
Fund Summary
Original or FinalPrev. Amend.Revised Proposed Proposed
Actual Budget Budget Budget Budget
2013 2014 2014 2015 2016REVENUES
Taxes 1,574,502$ 1,600,000$ 2,100,000$ 3,825,312$ 3,318,080$
Intergovernmental 7,419,767 1,210,344 1,180,344 30,000 1,605,000 Investment Earnings 11,595 9,003 9,003 3,741 13,372
Other Revenue 528 1,500 68,943 - -
Total Operating Revenues 9,006,392 2,820,847 3,358,290 3,859,053 4,936,452
Other Sources: Bond Proceeds - - 9,829,000 - -
Operating Transfers-In 1,150,488 2,574,786 3,899,786 120,000 320,000
Total Other Sources 1,150,488 2,574,786 13,728,786 120,000 320,000
TOTAL REVENUES 10,156,880 5,395,633 17,087,076 3,979,053 5,256,452
EXPENDITURES
Capital Improvements:
Facilities 8,885,980 1,583,290 7,468,290 2,705,000 80,000
Land and Land Improvements 1,043,943 140,000 120,000 - 500,000
Roads and Streets 633,623 4,775,760 4,987,089 2,381,679 4,343,378
Utilities - - - - - Water Fund Projects 1,150,488 239,535 139,535 - 100,000
Communications and Technology 85,581 135,000 135,000 - -
Strategic Planning 3,500 5,000 5,000 - - Debt Service:
Bond Issuance Costs - - 216,975 - -
Capital Leases - 153,006 153,006 121,265 121,265
Total Capital Improvements 11,803,115 7,031,591 13,224,895 5,207,944 5,144,643
Other Uses
Operating Transfer-Out - General Fund 201,006 207,121 207,121 1,538,335 219,735
Operating Transfer-Out - Debt Service Fund 714,666 712,829 732,375 808,487 961,817 - -
Total Other Uses 915,672 919,950 939,496 2,346,822 1,181,552
TOTAL EXPENDITURES 12,718,787 7,951,541 14,164,391 7,554,766 6,326,195
NET SOURCE (USE) OF FUNDS (2,561,907) (2,555,908) 2,922,685 (3,575,713) (1,069,742)
FUND BALANCE, Beginning of Year 6,186,560 3,624,653 3,624,653 6,547,338 2,971,625
FUND BALANCE, End of Year 3,624,653$ 1,068,745$ 6,547,338$ 2,971,625$ 1,901,883$
Fund Balances
Restricted For:
Capitalized Interest -$ -$ 245,162$ -$ -$
Town Hall Tenant Finish - - 2,520,000 - -
Street Improvements - - 3,706,200 1,624,521 626,143
Asphalt Overlay - - - 120,000 240,000
Unassigned:
Unreserved 3,624,653 1,068,745 75,976 1,227,104 1,035,740
Total Fund Balances 3,624,653$ 1,068,745$ 6,547,338$ 2,971,625$ 1,901,883$
MUNICIPAL SERVICES Capital Projects Fund #41
TOWN OF AVON
CAPITAL PROJECTS FUND 5-YEAR PLAN
Section IV, Page 2
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2013 2014 2014 2015 2016 2017 2018 2019
REVENUES
Real Estate Transfer Tax:1,574,502$ 1,600,000$ 2,100,000$ 3,825,312$ 3,318,080$ 3,190,368$ 2,000,000$ 2,000,000$
Interest Earnings 11,595 9,003 9,003 3,741 13,372 10,460 16,388 19,675
Intergovernmental:
Federal/State:
FTA 90 SGR 6,311,171 44,894 44,894 - - - - -
FTA / CDOT - ARRA 523,000 - - - - - - -
CDOT FASTER 585,596 100,000 100,000 - - - - -
GOCO Grant - Eagle Valley Trail - Phase 1 - 498,000 498,000 - - - - -
CDOT Grant - Eagle Valley Trail - Phase 3 - - - - 1,355,000 - - -
GOCO Grant - Playground - - - - 250,000 - - -
Local Government:
ECO Grant - Traer Creek Bus Stop - 30,000 - 30,000 - - - -
Eagle County Trails Grant - Phase 2 - 522,000 522,000 - - - - -
Eagle County Trails Grant - Saddleridge Trail - 15,450 15,450 - - - - -
Other Revenues:
Fireplace Fees - 1,500 1,500 - - - - -
Donations and Contributions - - 27,000 - - - - -
Developer Reimbursements - - 25,693 - - - - -
Nonclassified 528 - 14,750 - - - - -
Total Operating Revenues 9,006,392 2,820,847 3,358,290 3,859,053 4,936,452 3,200,828 2,016,388 2,019,675
Other Sources:
Debt Proceeds - Street Improvements - - 3,800,000 - - - - -
Debt Proceeds - Avon Town Hall - - 6,029,000 - - - - -
Transfers-in General Fund:
- Nottingham Park Pavilion - 700,000 700,000 - - - - -
- Short-term Loan - - 1,325,000 - - - - -
- Asphalt Overlay - - - 120,000 120,000 120,000 120,000 120,000
Transfers-in Avon URA (Mall Improvement Project)- 700,000 700,000 - - - - -
Transfers-in Community Enhancement Fund
- Nottingham Park Pavilion 508,000 -
- Mall Improvement Project - - 608,000 - - - - -
- 2016 Power line Undergrounding - - - - 100,000 - - -
Transfers-in Facilities Reserve Fund (Capital Projects Fund
Consolidation)- 413,251 413,251 - - - - -
Transfers-in Water Fund 1,150,488 253,535 153,535 - 100,000 - - -
Total Other Sources 1,150,488 2,574,786 13,728,786 120,000 320,000 120,000 120,000 120,000
Total Revenues and Sources of Funds 10,156,880$ 5,395,633$ 17,087,076$ 3,979,053$ 5,256,452$ 3,320,828$ 2,136,388$ 2,139,675$
Projected
TOWN OF AVON
CAPITAL PROJECTS FUND 5-YEAR PLAN
Section IV, Page 3
Proposed
Current Revised Proposed
Actual Budget Budget Budget
2013 2014 2014 2015 2016 2017 2018 2019
Projected
EXPENDITURES
Capital Improvements:
Facilities 8,885,980 1,583,290 7,468,290 2,705,000 80,000 - 75,000 300,000
Land and Land Improvements 1,043,943 140,000 120,000 - 500,000 625,000 - -
Roads and Streets 633,623 4,775,760 4,987,089 2,381,679 4,343,378 776,143 650,000 950,000
Utilities - - - - - - - -
Water Fund Projects 1,150,488 239,535 139,535 - 100,000 - - -
Communications and Technology 85,581 135,000 135,000 - - - - -
Strategic Planning 3,500 5,000 5,000 - - - - -
Debt Service:
Debt Issuance Costs - - 216,975 - - - - -
Capital Leases - 153,006 153,006 121,265 121,265 121,265 121,265 94,986
Total Expenditures 11,803,115 7,031,591 13,224,895 5,207,944 5,144,643 1,522,408 846,265 1,344,986
Other Uses:
Operating Transfers Out - General Fund:
- Engineering Department Salary and Operations 176,006 207,121 207,121 213,335 219,735 226,327 233,117 240,110
- 2014 Winter Wondergrass Festival 25,000 - - - - - - -
- Repayment of Short-term Loan - - - 1,325,000 - - - -
Operating Transfers Out - Debt Service Fund:
- 2010 Certificates of Participation Notes 250,081 247,581 257,854 252,165 253,265 254,214 254,664 250,133
- Town Hall & Parking Facility - - - 248,495 399,058 395,658 397,258 398,758
- 1999 Revenue Refunding Bonds (Rec Center)464,585 465,248 474,521 - - - - -
- 2015-17 Street Improvements - - - 307,827 309,494 302,926 302,931 302,825
Total Other Uses 915,672 919,950 939,496 2,346,822 1,181,552 1,179,125 1,187,970 1,191,826
Total Expenditures and Uses of Funds 12,718,787 7,951,541 14,164,391 7,554,766 6,326,195 2,701,533 2,034,235 2,536,812
Net Source (Use) of Funds (2,561,907) (2,555,908) 2,922,685 (3,575,713) (1,069,742) 619,296 102,153 (397,137)
Fund Balance, Beginning of Year 6,186,560 3,624,653 3,624,653 6,547,338 2,971,625 1,901,883 2,521,178 2,623,331
Fund Balance, End of Year 3,624,653$ 1,068,745$ 6,547,338$ 2,971,625$ 1,901,883$ 2,521,178$ 2,623,331$ 2,226,194$
Fund Balances
Restricted For:
Capitalized Interest -$ -$ 245,162$ -$ -$ -$ -$ -$
Town Hall Tenant Finish - - 2,520,000 - - - - -
Street Improvements - - 3,706,200 1,624,521 626,143 - - -
Asphalt Overlay - - - 120,000 240,000 360,000 480,000 600,000
Unassigned:
Unreserved 3,624,653 1,068,745 75,976 1,227,104 1,035,740 2,161,178 2,143,331 1,626,194
Total Fund Balances 3,624,653$ 1,068,745$ 6,547,338$ 2,971,625$ 1,901,883$ 2,521,178$ 2,623,331$ 2,226,194$
TOWN OF AVON RESOLUTION NO. 14-28
SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2014 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY
OF DECEMBER, 2014
WHEREAS, the Town Council of the Town of Avon has adopted the 2014
Capital Projects Fund budget; and
WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2014; and
WHEREAS, the Town Council finds it necessary to amend the 2014 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2014;
and
WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2014 budget was open for inspection by
the public at a designated place, a public hearing was held on November 11, 2014 and
interested taxpayers were given the opportunity to file or register any objections to the
proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects
Fund is revised as follows for 2014:
Original or
Previously
Amended
2014 Budget
Current
Proposed
Amended
2014 Budget Capital Projects Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 3,624,653
5,395,633
7,951,541
$ 3,624,653
17,087,076
14,164,391
Ending Fund Balance $ 1,068,745 $ 6,547,338
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget hereby approved, amended, and
adopted shall be signed by the Town Manager and made part of the public record of the
Town.
ADOPTED this 11th day of November, 2014.
TOWN OF AVON, COLORADO
______________________________
Rich Carroll, Mayor
ATTEST:
_____________________________
Debbie Hoppe
Town Clerk
TOWN OF AVON
RESOLUTION NO. 14-30
SERIES OF 2014
A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG
RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2015
CAPITAL PROJECTS FUND BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE
CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015 AND ENDING ON THE
LAST DAY OF DECEMBER, 2015
WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager
to prepare and submit a long-range capital program to said governing body for its consideration;
and
WHEREAS, the Town Council of the Town of Avon has also appointed the Town
Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body
for its consideration; and
WHEREAS, upon due and proper notice, published and posted in accordance with the
law, said proposed budget was open for inspection by the public at a designated place. A public
hearing was held on November 11, 2014, and interested taxpayers were given the opportunity to
file or register any comment to said proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like increases
were added to the revenues so that the Capital Projects Fund budget remains in balance, as
required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That the long-range capital program as submitted to the Town Council is
hereby accepted as an official Town document and planning tool, and that the information
contained therein may be revised or extended each year with regard to capital improvements.
Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as
follows for 2015:
2015
Proposed
Budget
Capital Projects Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 6,547,338
3,979,053
7,554,766
Ending Fund Balance
$ 2,971,625
Section 3. That the budget, as submitted, and hereinabove summarized, hereby is
approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year
stated above.
Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be
signed by the Mayor and made part of the public record of the Town.
ADOPTED this 11th day of November, 2014.
TOWN OF AVON, COLORADO
______________________________
Rich Carroll, Mayor
ATTEST:
_____________________________
Debbie Hoppe, Town Clerk
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Avon Town Council From: Scott Wright, Asst. Town Manager
Date: November 3, 2014
Agenda Topic: Resolution No. 14-19, Approving the Expenditure of Community Enhancement Funds
Summary:
Pursuant to the Town’s franchise agreement with Holy Cross Energy, the Town receives one percent (1%) of the gross revenues collected from the sale of electricity from within the Town’s
borders. The funds are eligible to be expended for limitied purposes, as follows:
• Beautification projets
• Energy conservation projects
• Equipment and technology upgrades for schools
• Scholarship funds
• Acquisition of open space and/or park land and development thereor
• Sponsorship of special community events
• Indergrounding of overhead electric and other utility lines
The Town has previously met with representatives of Holy Cross to discuss the various projects of
the Town that would qualify for use of the Community Enhacement funds. This resolution seeks
authorization from Holy Cross Energy to apply these funds as follows: (1) to the 2014 Pedestrian
Mall Improvement project which Town staff believes meets the qualifications of both beautification projects, as sell as the development of open space and/or park land; and, (2) to the
undergrounding of overhead power lines in connections with the Eagle Valley Trails project,
projected to be completed in 2016.
The 2014 budget indicates a transfer-in to the Capital Projects Fund from the Community Enhancement Fund in the amount of $608,000 for this purpose.
Staff Recommendation
Staff recommends approval of Resolution No. 14-19
Attachments: Exhibit A – Holy Cross Energy Community Enhancement Fund Proposed Projects
Exhibit B – Community Enhancement Fund History
Town of Avon Resolution No. 14-19 Page 1 of 2
TOWN OF AVON
RESOLUTION NO. 14-19 SERIES OF 2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE NO. 2001-01, SERIES OF 2001
WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance
No. 2001-01, Series of 2001 which granted a franchise to Holy Cross Energy; and
WHEREAS, Article 11 of Ordinance No. 2001-01 provides that Holy Cross Energy will
voluntarily make monetary resources available to the Town for programs designed to make a
difference in people's lives and the communities in which they reside; and
WHEREAS, Section 11.1 of Ordinance No. 2001-01 limits the use for which such funds shall be spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition
of open space and/or park land and development thereof; (6) Sponsorship of special
community events; and, (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the
express written consent of the Company; and
WHEREAS, Section 11.4 of Ordinance No. 2001-01, provides that the Town Council
is required to approve the expenditure by resolution or ordinance duly enacted by the Town
Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made and that prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing,
prior to such expenditure, the Company shall have waived its right to object in the future if
the funds are expended for the use identified in the notice.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement
Funds as shown in Exhibit A attached hereto. The Town Council believes that the
expenditure of these funds meets the intent and purpose of Article 11 of Ordinance No. 2001-01 and the projects as described in Article 11.1 hereof.
Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with
Section 11.4 of Ordinance No. 2001-01, Series of 2001.
Town of Avon Resolution No. 14-19 Page 2 of 2
ADOPTED this 11th day of November, 2014.
TOWN OF AVON, COLORADO
Rich Carroll, Mayor
ATTEST:
____________________________Debbie Hoppe, Town Clerk
EXHIBIT A
HOLY CROSS ENERGY COMMUNTIY ENHANCEMENT FUND
PROPOSED PROJECTS
2014 Proposed Project:
1. 2014 Pedestrian Mall Improvements Project in West Town Center - $608,000. The
principal goal of this project is to elevate the setting, image and appeal of Town
Center by establishing a more successful pedestrian connection between Avon Road
with the civic area of Town to the west, which includes Nottingham Park, the
Recreation Center, and the Eagle Valley Library. The objectives are to enhance the overall pedestrian experience of the Mall by improving landscape, paving, site
furnishings, signage, and lighting and establish better spatial relationships with
surrounding properties. The project starts at the roundabout intersection of West
Benchmark Road and Avon Road, extending west following the existing pedestrian
mall to the Prater Lane Day Care at the intersection with Benchmark Road. Lettuce Shed Lane, between the Seasons and the new Wyndham project is also included in the
study area.
2016 Proposed Project:
Power line Undergrounding - $100,000. Above-ground electric lines are proposed to be
placed underground along the Eagle Valley Trail which is proposed to be constructed on
the north side of US Hwy 6 from Avon Road to Stonebridge Road.
EXHIBIT B
COMMUNITY ENHANCEMENT FUND HISTORY
Page 1
Original Revised
Calendar Amount Budget Budget Actual Ending
Year Received Budget Request Amount Amount Expenditure Balance
2001 1 4,000$ -$ -$ -$ 4,000$
2001 1 32,356 - - - 36,356
2002 1 42,824 - - - 79,180
2003 1 44,766 - - - 123,946
2004 1 50,664 - - - 174,610
2005 1 60,699 - - - 235,309
2006 64,133 - - - 299,442
Purchase of Wind Power 60,000 - -
2007 2 62,907 Energy Audit - 28,000 26,252 336,097
Whitewater Rodeo 36,000 36,000 36,000
LED Holiday Lighting 10,800 10,800 10,800
2008 74,585 Appraisal for Open Space 15,000 15,000 15,000 348,882
Fleet Maintenance Lighting 20,000 20,000 20,000
Ironkids 30,000 30,000 30,000
2009 70,136 LED Holiday Lighting 10,000 10,000 10,000 359,018
Avon Rec Center Lighting 40,000 29,000 29,000
Ironkids 20,000 20,000 20,000
Nottingham Park Pavilion 3 200,000 40,000 40,000
2010 71,067 Fishing Pier 20,000 20,000 20,000 321,085
Ironkids 10,000 10,000 10,000
World Alpine Championships 50,000 - -
2011 74,383 Undergrounding 4 100,000 - - 385,468
2012 72,862 Mall Improvement Project 5 250,000 - -
Undergrounding 4 100,000 - - 458,330
2013 84,398 Heat Recovery Expansion 6 350,000 - - 542,728
2014 84,000 Nottingham Park Restrooms 275,000 - -
Avon Mall Improvement - 608,000 608,000 18,728
2015 84,000 - - - 102,728
2016 84,000 Undergrounding 100,000 - - 86,728
EXHIBIT B
COMMUNITY ENHANCEMENT FUND HISTORY
Page 2
Notes:
5) The Mall Improvement Project was delayed due to the impending development of Lot 61.
4) The US Hwy 6 Trail undergrounding project has been delayed due to high project costs related to the Eagle
Valley Trails projects.
6) The original proposal to extend the Town's Heat Recovery system along the length of the Mall and connect with
the Wyndham and Avon Station was re-evaluated during the process for approving the Wyndham development on
Lot 61.
1) Amounts received from 2001-2005 were accounted for in the General Fund. In 2006 a separate fund was
established for the Community Enhancement monies. A transfer from the General Fund in the amount of $235,309
was made to establish the new Community Enhancement Fund. Because of an oversight, the amount transferred
was $2,000 more than the actual amounts received from 2001 -2005.
2) In 2007, the Town budgeted $60,000 for purchasing wind power. It was subsequently learned that the use of
Community Enhancement funds was not allowed for this purpose. Subsequently, $26,252 was used for an energy
audit of the Town's facilities.
3) The Nottingham Park Pavilion project for which Community Enhancment funds were approved in the amount of
$200,000, was subsequently removed from the Town's long-range CIP program due to the cost of the project and
lack of Town funds available. A total of $40,000 in Community Enhancement funds was used for the design cost,
with the remained turned back as unused.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 10-28-2014 Minutes.doc 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, Buz Reynolds, and Jake Wolf. Matt Gennett was absent.
Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott
Wright, Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
Town Attorney Eric Heil asked to add two items to Executive Session:
Item 1: To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property
interest under C.R.S. §24-6-402(2)(a); for a conference with the Town Attorney for the purpose of receiving
legal advice under C.R.S. §24-6-402(2)(b); and, for the purpose of determining positions relative to matters
that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators,
under C.R.S. §24-6-402(2)(e) related to the Skier Building in the Town of Avon, also known as Lot 4, Mountain
Vista Resort Subdivision, Town of Avon, Colorado.
Item 2: For a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S. §24-
6-402(2)(b) concerning the Hoffmann Commercial Real Estate lawsuit. Council agreed to add items.
3. PUBLIC COMMENT
3.1. PROCLAMATION HONORING EAGLE COUNTY GIVES (MICHELLE MALONEY)
Councilor Wolf moved to approve the Proclamation Honoring Eagle County Gives; Councilor Evans
seconded the motion and it passed unanimously by those present. (Councilor Gennett was absent).
Megan Burch commented.
Councilor Gennett arrived at 5:45 p.m.
4. ACTION ITEMS
4.1. PUBLIC HEARING ON SECOND READING OF ORDINANCE 14-15, SERIES OF 2014, COMCAST FRANCHISE
AGREEMENT (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Andy Davis, Dan Leary and J.K. Perry commented.
Councilor Dantas moved to approve Ordinance 14-15, Series of 2014, COMCAST Franchise Agreement;
Councilor Evans seconded the motion and it passed 5 to 2 vote. Councilor Reynolds and Councilor Wolf
voted no.
5. WORK SESSION
5.1. 2014 CAPITAL PROJECTS CONSTRUCTION UPDATE (TOWN MANAGER VIRGINIA EGGER)
Councilor Evans recused himself.
5.2. DISCUSSION OF SKIER BUILDING INTERIOR FINISH PROCESS (MAYOR RICH CARROLL)
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 10-28-2014 Minutes.doc Page 2
5.3. 2015-2016 BUDGET WORK SESSION - ALL FUNDS AND FIVE-YEAR CAPITAL IMPROVEMENTS PLAN
(ASSISTANT TOWN MANAGER SCOTT WRIGHT)
5.4. PROCUREMENT POLICY DIRECTION TO AMEND (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
5.5. TRAILS ADVISORY GROUP – PURPOSE, DUTIES AND PROCESS FOR SELECTION
(PLANNING MANAGER MATT PIELSTICKER)
Charlie Sherwood commented.
6. ACTION ITEMS
6.1. FIRST READING OF ORDINANCE 14 –19 AMENDING AVON MUNICIPAL CODE TITLE 6: ANIMALS TO ALLOW FOR
DOGS TO BE PERMITTED OFF-LEASH AT ALL TIMES, UNDER VOICE CONTROL, WITH OWNERS REQUIRED TO CARRY
LEASHES IN THE WEST AVON PRESERVE (PLANNING MANAGER MATT PIELSTICKER)
Charlie Sherwood and Scott Prince commented.
Mayor Pro Tem Fancher moved to approve Ordinance 14-19, Series of 2014, Amending Avon Municipal
Code Title 6: Animals to allow for dogs to be permitted off-lease at all times, under voice control, with
owners required to carry leashes in the West Avon Preserve; Councilor Dantas seconded the motion
and it passed on a 5 to 2 vote. Councilor Evans and Councilor Reynolds voted no.
6.2. LETTERS OF SUPPORT FOR COLORADO PARKS AND WILDLIFE GRANT APPLICATIONS FOR TRAIL PLANNING AND
MAINTENANCE WORK (PLANNING MANAGER MATT PIELSTICKER)
Councilor Evans moved to approve Letters of Support for Colorado Parks and Wildlife Grant
Applications for Trail Planning and Maintenance Work; Councilor Gennett seconded the motion and it
passed unanimously by those present.
6.3.FIRST READING OF ORDINANCE 14-18 APPROVING ACQUISITION OF TRACT S, BLOCK 3, WILDRIDGE FOR HIKING
AND BIKE TRAIL (PLANNING MANAGER MATT PIELSTICKER)
Councilor Dantas moved to approve Ordinance 14-18, Series of 2014, Approving Acquisition of Tract S,
Block 3, Wildridge for Hiking and Bike Trail; Mayor Pro Tem Fancher seconded the motion and it passed
unanimously by those present.
6.4. ACTION ON MOSES, WITTEMYER, HARRISON & WOODRUFF, P.C. REVISED AGREEMENT FOR LEGAL SERVICES
AS WATER COUNSEL (TOWN MANAGER VIRGINIA EGGER)
Councilor Evans moved to approve action on Moses, Wittemyer, Harrison & Woodruff, P.C. Revised
Agreement for Legal Services as Water Counsel; Councilor Reynolds seconded the motion and it passed
unanimously by those present.
6.5. MINUTES FROM OCTOBER 14, 2014 MEETING (TOWN CLERK DEBBIE HOPPE)
Mayor Pro Tem Fancher moved to approve the Minutes from October 14, 2014; Councilor Evans
seconded the motion and it passed unanimously by those present.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 10-28-2014 Minutes.doc Page 3
7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR
7.1. COUNCILOR JAKE WOLF UPDATES
7.1.1 ECRTA Board Meeting
7.1.2 Playground Committee
7.1.3 Harmony Park Musical Playground
7.1.4 Creative Industries Update
7.1.5 Community Gardens at Avon Elementary
7.1.6 Performance Pavilion Update
7.1.7 AED/CPR Training Reminder for November 11th
8. COUNCIL COMMENTS
9. MAYOR REPORT AND FUTURE AGENDA ITEMS
10. WRITTEN REPORTS
10.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT)
10.2. TOWN STAFF APPROVAL AUTHORIZATION FOR VILLAGE AT AVON PUBLIC IMPROVEMENTS AGREEMENT
(ATTORNEY ERIC HEIL)
11. EXECUTIVE SESSION, IF CALLED (THIS MEETING IS NOT OPEN TO THE PUBLIC)
11.1 MEET PURSUANT TO COLORADO REVISED STATUTE §24-6-402(4) (F) FOR THE PURPOSE OF DISCUSSING
PERSONNEL MATTERS RELATED TO THE ANNUAL PERFORMANCE REVIEW OF THE TOWN ATTORNEY & TOWN
MANAGER
Mayor Carroll moved to meet in Executive Session at 8:25 pm to discuss the purchase, acquisition, lease,
transfer, or sale of real, personal, or other property interest under C.R.S. §24-6-402(2)(a); for a conference
with the Town Attorney for the purpose of receiving legal advice under C.R.S. §24-6-402(2)(b); for the
purpose of determining positions relative to matters that may be subject to negotiations, developing
strategy for negotiations, and/or instructing negotiators, under C.R.S. §24-6-402(2)(e) related to the Skier
Building in the Town of Avon, also known as Lot 4, Mountain Vista Resort Subdivision, Town of Avon,
Colorado; for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S.
§24-6-402(2)(b) concerning the Hoffmann Commercial Real Estate lawsuit; and for pursuant to Colorado
Revised Statute §24-6-402(4) (f) for the Purpose of Discussing Personnel Matters related to the annual
performance review of the Town Attorney & Town Manager.
Councilor Evans seconded the motion and it passed unanimously by those present.
Executive Session adjourned at 10:30 p.m.
TOWN OF AVON, COLORADO
AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014
AVON TOWN HALL, ONE LAKE STREET
FINAL - Avon Council Meeting 10-28-2014 Minutes.doc Page 4
12. ADJOURNMENT
There being no further business to come before the Council, the regular meeting adjourned at 10:30 p.m.
RESPECTFULLY SUBMITTED:
_________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Rich Carroll ________________________________
Dave Dantas ________________________________
Chris Evans ________________________________
Jennie Fancher ________________________________
Albert “Buz” Reynolds ________________________________
Jake Wolf ________________________________
Matt Gennett ________________________________
TOWN COUNCIL REPORT
To: Town Council
From: Mayor Rich Carroll
Date: November 11, 2014
Agenda Topic: Skier Builder - Interior Finish Process
BACKGROUND:
Council discussed this potential process to build out the Skier Building at the October 28, 2014
meeting. From the direction provided at that meeting, you will find an updated process below as a
recommendation for the next Council to consider.
As was stated by Virginia Egger at the October 14 meeting, Avon Town staff has successfully managed
numerous and varied construction projects to a successful conclusion; on time and on budget.
The new Town Hall or Skier Building is high profile and an important project to the continued
revitalization and vibrancy of Avon. Combined with the lessons learned from the Nottingham Pavilion
project, the following outline is presented for the new Council to review and consider:
Step 1: Rough Programming and Design - general thinking and ideas can be provided by a combination
of:
- Town Staff
- Council
- Public
Conceptual ideas on are given for what is on Ground Floor, Second Floor, Third Floor. Work Sessions
could be conducted with Council to review concepts and give input. Does it make sense to identify the
full range of desired functionality, and then hire a designer to begin with comprehensive direction of
desired functionality? Topics such as meeting rooms, public restrooms, the Main St. Mall, kitchen
facilities, public spaces, security, etc. will be reviewed.
Step 2: Develop an RFQ, then an RFP. Or do just an RFP. The purpose of the RFQ and/or RFP will be
for Architect/Interior Designer/Contractor/Cost Estimator/Value Engineering services. The Cost
Estimator and Value Engineering contractor will contract directly with Avon. Based on the previous
Council discussion, it is believed that an architect is needed. It is crucial the RFP accurately describe
the skill set(s) needed and provide a method for evaluation. The RFP should include the following:
- References and a track record of bringing projects in on budget and on time
- The proper level of collaborative performance
- Skill in listening and designing to fit the requirements and budget
- Price estimation so the designs stay within budget
- Experience with successful government projects
- Other
Step 3: Conduct RFP - Council to review, provide input, approve the appropriate RFPs, interview and
select Architect/Designer/Price Estimator.
Step 4: Complete designs along with interior furnishing specifications - Council to review and approve.
Step 5: Solicit bids: Council to review and approve bids. Council to award contract and approve
contract with a Guaranteed Maximum Price. The interior finish will be within budget.
Step 6: Construction of Interior Finish: Change Orders over a certain dollar threshold require Council
approval [Few if any Change Orders should be required].
The level of Council involvement described above is outside the norm. While more Council
involvement may make for a project that is paced differently, i.e. slower; there is value given the high
profile nature of the new Town Hall.
TOWN COUNCIL REPORT
To: Honorable Mayor Rich Carroll and Town Council
From: Robert L. Ticer, Chief of Police
Date: November 11, 2014
Agenda Topic: Police Department Disposition on Forfeited Properties for 2014 (Memo Only)
In accordance with Avon Town Resolution 2000-12, The Committee on Disposition of Forfeited
Property, consisting of Councilor Buz Reynolds, District Attorney Bruce Brown, and Chief of
Police Robert L. Ticer, met on October 16, 2014 to evaluate forfeited monies in the Forfeiture
Account for law enforcement expenditures. These monies were from adjudicated criminal
cases.
The forfeiture account carried forward $15,330.12 from the December 2013 Committee on
Disposition of Forfeited Property Meeting into 2014, authorizing Chief Ticer to expend funds
in the account up to the maximum fund balance.
The Committee approved and released $4,046.75 for future law enforcement expenditures
from adjudicated cases. Monies are available for Police Department Equipment and Training
needs and are available to carry into future budgets.
Approval of 2014 expenditures to date:
$3,525.38 for Patrol Waterproof Hi Visibility Jackets.
$2,100.00 for shared cost associated with transportation of new Special Operations Unit
Rescue Vehicle to Vail.
$433.00 for shared cost of graphics decal package for Special Operations Unit Rescue Vehicle.
$2,162.14 for shared cost of Emergency lighting and siren for Special Operations Unit Rescue
Vehicle.
Total $8,220.85 Approved
Approval of prospective expenditures:
$10,952.00 for active shooter plate carriers, ceramic plates and first aid pouches for each
officer.
Fund Balance after expenditures and prospective expenditures:
$204.02
Respectfully Submitted,
Robert L. Ticer
Chief of Police