The URL can be used to link to this page

TC Packet 01-24-2017 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 24, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM AVON TOWN HALL, ONE LAKE STREET AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2) AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:05 PM (SEE AGENDA BELOW) 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PRESENTATION – SWEARING IN CEREMONY OF DEPUTY CHIEF COBY COSPER AND SERGEANTS JEREMY HOLMSTROM AND MATT JAMISON 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 5. PRESENTATION – RECREATION DEPARTMENT UPDATE (RECREATION DIRECTOR JOHN CURUTCHET) 6. ACTION ITEMS 6.1. REVIEW AND ACTION ON VENUE DATES, FUNDING AND IN-KIND REQUEST FOR ZOPPE’ FAMILY CIRCUS (RECREATION DIRECTOR JOHN CURUTCHET) 6.2. FIRST READING OF ORDINANCE 17-01, ACCEPTING A DONATION OF THE EAGLEBEND PROPERTY, AUTHORIZING THE CONVEYANCE OF SUCH REAL PROPERTY, AND APPROVING A PROJECT AGREEMENT (TOWN ATTORNEY ERIC HEIL) 6.3. FIRST READING OF ORDINANCE 17-02, TO REZONE LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION FROM PUD TO PUBLIC FACILITIES (PLANNING DIRECTOR MATT PIELSTICKER) 6.4. MOTION TO INCREASE PUBLIC SAFETY FACILITY BUDGET TO PROVIDE A WINTER CONDITIONS AND UNFORESEEN EXPENDITURES CONTINGENCY DUE TO THE COST OF THE PIERS (TOWN ENGINEER JUSTIN HILDRETH) 6.5. REVIEW AND SELECT ONE OF THREE OPTIONS FOR THE AVON PAVILION CURTAIN OR DOOR SYSTEM (TOWN ENGINEER JUSTIN HILDRETH) 6.6. REVIEW AND ADOPTION OF AVON TOWN COUNCIL POLICY FOR THE APPLE IPAD OR SIMILAR DEVICE USE BY TOWN COUNCIL (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 6.7. CONSENT AGENDA 6.7.1. APPROPRIATION OF $3,060 FOR THE PURCHASE OF A TOWN OWNED IPAD FOR TOWN COUNCIL MEMBER USE FROM THE GENERAL FUND CONTINGENCY LINE ITEM (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 6.7.2. APPROVAL OF THE JANUARY 10, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) 7. WRITTEN REPORTS 7.1. MONTHLY FINANCIALS REPORT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES 9. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON LITIGATION INVOLVING THE VILLAGE (AT AVON) WATER STORAGE TANK 10. ADJOURNMENT _________________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 24, 2017 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. RENEWAL OF LIQUOR LICENSES 4.1. APPLICANT: PHO 20, LLC D/B/A PHO 20 LOCATION: 47 E. BEAVER CREEK BLVD UNIT C13-C14 TYPE: HOTEL AND RESTAURANT LICENSE MANAGER: CONG HUANG 5. MINUTES FROM JANUARY 10, 2017 6. ADJOURNMENT _______________________________________________________________________________ MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 8:47 p.m. A roll call was taken and Board members present were Jake Wolf, Matt Gennett, Amy Phillips, Megan Burch, Scott Prince and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police Chief Greg Daly, Fleet Director Rego Omerigic, Planning Director Matt Pielsticker, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments were made. 4. RENEWAL OF LIQUOR LICENSES Start time: 00:40:12 Part Two 4.1. Applicant: Bob’s Place, LLC d/b/a Bob’s Place Location: 100 W. Beaver Creek Blvd Type: Hotel and Restaurant License Manager: Robert Doyle Chairman Fancher noted that Police Chief Greg Daly had an addition to the report. Police Chief Greg Daly stated that it had been brought to his attention that a violation occurred in May of 2013 and was not included in the report. Councilor Phillips noted a clerical error in the staff reports. Board member Prince moved to approve the renewal application for Bob’s Place, LLC d/b/a Bob’s Place. Board member Phillips seconded the motion and it passed unanimously by those present. 4.2. Applicant: Millers Bottle Shop, LLC d/b/a Joe’s Liquors Location: 1060 W. Beaver Creek Blvd. #1b Type: Liquor Store License Manager: Scott Seitz Chairman Fancher noted that all application materials were in order. Board member Gennett moved to approve the renewal application for Millers Bottle Shop, LLC d/b/a Joe’s Liquors. Board member Phillips seconded the motion and it passed unanimously by those present. 4.3. Applicant: 3 Dragons, LLC d/b/a China Garden Location: 100 W. Beaver Creek Blvd. Type: Hotel and Restaurant License Manager: Martin Rodosh TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Chairman Fancher noted that all application materials were in order. Martin Rodosh gave a brief update about the past year. Board member Prince moved to approve the renewal application for 3 Dragons, LLC d/b/a China Garden. Board member Gennett seconded the motion and it passed unanimously by those present. 4.4. Applicant: HCCL, LLC d/b/a Boxcar Location: 182 Avon Road Suite 208 Type: Hotel and Restaurant License Manager: Cara Luff Chairman Fancher noted that all application materials were in order. Board member Phillips moved to approve the renewal application for HCCL, LLC d/b/a Boxcar. Vice Chairman Smith Hymes seconded the motion and it passed unanimously by those present. 5. MINUTES FROM DECEMBER 13, 2016 Start time: 00:47:00 Part Two Vice Chairman Smith Hymes moved to approve the minutes from the December 13, 2016, Liquor Authority meeting. Board member Burch seconded the motion and it passed unanimously by those present. Board member Gennett abstained from the vote. 6. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 8:55 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Secretary APPROVED: Jennie Fancher ______________________________________ Sarah Smith Hymes ______________________________________ Jake Wolf ______________________________________ Megan Burch ______________________________________ Matt Gennett ______________________________________ Scott Prince ______________________________________ Amy Phillips ______________________________________ Page 1 of 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Greg Daly, Chief of Police Meeting Date: January 24, 2017 Agenda Topic: Swearing In and Badge Pinning Ceremony for Coby Cosper as Deputy Chief of Police, Jeremy Holmstrom as Police Sergeant and Matt Jamison as Police Sergeant SUMMARY Tonight we will join Coby Cosper, his family and the First Responder Community as Coby takes his oath as Avon’s new Deputy Chief of Police and receives his insignia. We also will join Jeremy Holmstrom and Matt Jamison, their respective families, and the First Responder Community, as Jeremy and Matt take their oath as Avon’s new Police Sergeants and receive their insignias. Deputy Chief Cosper, Sergeant Holmstrom and Sergeant Jamison each participated in a robust, challenging and comprehensive testing in November 2016. There were over 36 assessors involved from our community and partner first responder agencies. Deputy Chief Cosper competed against a very qualified field from across our nation. It is a long-standing tradition in the First Responder Community that a Badging Ceremony is held upon completion of Police or Fire Academy, and then upon subsequent promotions. The badge and star which a Deputy Chief of Police wears and the badge and chevrons which Police Sergeants wear are the visible signs of his or her role, responsibilities and authority in the community. Mayor Fancher will preside over the swearing-in. The Oath of Office, per Avon Ordinances, will be administered by Town Clerk Debbie Hoppe. Deputy Chief Cosper’s wife Brooke will pin his badge and stars. Sergeant Holmstrom’s wife Jennifer will pin his badge. His parents, Mary and Harold will pin on his chevrons. Sergeant Jamison’s wife Alexis will pin his badge and chevrons. Congratulations to these individuals. TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: John Curutchet, Director of Recreation Date: January 24, 2017 Re: Recreation Department Presentation BACKGROUND A PowerPoint presentation has been prepared and is included in the Council packet to provide an update on Recreation Department business and programs. The presentation will include information and discussion on the following topics: • Community Swim Program • Adult and Youth Programs • Summer Beach and Park Programs • Winter Ice Program • Revenue, Expense and Visitation Report • Future Projects Recreation Department Update •Community Swim program •Adult and Youth programs •Summer Beach and Park Programs •Winter Ice Program •Revenue, Expense and Visitation •Future Projects Community Swim Program Swim Team Group Lessons Private Lessons Booster Club Financial Assistance Avon Elementary Program 2016 Swim Program Metrics: 55 kids enrolled in the Swim Team Program since September 2016 Swim Team Revenues 2016: $9,045 87 private lessons 98 semi-private lessons 165 competitive lessons 2016 revenues: $22,738 2016 expenses: $21,473 Adult and Youth Programs Adult revenues increased from $10,501$19,718 •Tai Chi •Baby Barre •Baby n’ Me Yoga Youth revenues increased from $97,699$150,445 •CCAP attendance has tripled. Summer Beach and Park Programs SUP and Pedal Boat Rentals = $15,725 Volleyball Improvements GOCO and Playground Update Community Yoga on the Stage Winter Ice Program Social Rink Hockey and League Rink Skate Night February 16th 4:30 p.m. to 7:30 p.m. Nordic Track in the park 2017-2018 Revenue and Expense YEAR: EXPENSE: REVENUE: %RECOVERY 2007 $2,610,660 $1,421,814 54% 2008 $2,772,757 $1,336,761 48% 2009 $2,983,142 $1,272,902 42% 2010 $2,580,331 $1,215,478 47% 2011 $2,326,601 $1,209,189 52% 2012 $2,148,410 $1,123,163 52% 2013 $1,631,867 $1,059,637 64% 2014 $1,276,370 $1,035,643 81% 2015 $1,141,277 $1,063,323 93% 2016 $1,266,188 $1,255,790 99% Future Projects Tract G planning Page 1 of 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Recreation Director John Curutchet Meeting Date: January 24, 2017 Agenda Topic: REVIEW AND ACTION ON FUNDING REQUEST FOR ZOPPE’ ITALIAN FAMILY CIRCUS ACTION BEFORE COUNCIL Council is asked to take action to approve or not approve a request for event dates, cash funding and in- kind support for the Zoppe’ Italian Family Circus. COUNCIL MOTION RECOMMENDATION I move to approve (approve with modifications or deny) the event dates of September 8 – 10, 2017, for the production of the Zoppe’ Italian Family Circus, with cash funding in the amount of $17,250, appropriated from the General Fund Special Events Reserve, and in-kind support in the amount of $3,450. PRODUCER PRESENTATION Ms. Gina Hallisey, Zoppe’ Family Circus Colorado Tour Director, will present the event request at the beginning of the meeting. • Please refer to Attachment A, which includes all application materials. The funding request is $20,000 in cash and up to $3,000 of in-kind support. • Attachment B is a letter from Ms. Hallisey regarding the minimum funding required to produce the event in Avon, which is different than the recommendation of the Ad Hoc Special Events Committee. 2017 SPECIAL EVENT FUNDING SUMMARY The 2017 adopted budget Special Event Funding Summary is as follows: 2017 TOTAL SPECIAL EVENT FUNDING APPROPRIATION $400,000 EVENTS APPROPRIATION AS OF JANUARY 24, 2017 $253,249 BALANCE $146,751 TOWN OF AVON SPECIAL EVENT FUNDING SUMMARY Page 2 of 3 AD HOC SPECIAL EVENTS COMMITTEE RECOMMENDATION On January 13, 2017, several members of the recently appointed Ad Hoc Special Events Committee were able to join four Town Department Directors to review the application. Staff delayed the review of the application in anticipation of the Ad Hoc Committee appointments. The applicant asked for the timely review in order to set dates as soon as possible. The Committee recommended event dates of September 8 – 10, 2017, at Harry A. Nottingham Park and the Avon Pavilion, with cash funding of $17,250 and in-kind support of $3,450. The Committee’s discussion is provided as Attachment C. SUMMARY ZOPPE’ ITALIAN FAMILY CIRCUS A summary of the event is as follows:  Event Dates: Friday – Sunday - September 8 - 10, 2017; 6 – 7 shows over the weekend  Exclusive use of the Main athletic field, Pavilion and Town Hall parking lots  See Sections 8 and 9 of the Application (Attachment A) for full description of the circus MULTI-YEAR SEED FUNDING: The Town’s seed funding of special events is considered important in helping special events gain notoriety, grow in attendance and become profitable. A summary of the 2017 - 2019 paid attendance and anticipated Town support is detailed in the following table. RETURN ON INVESTMENT Based on the projected budgets, a Return on Investment analysis has been estimated in the next table. The three years of event funding indicates that over the period, collections of taxes on lodging, restaurant and retail sales, plus the ticket fee, grow, but do not fully recover the Town monies provided to support the circus. The analysis is not able to calculate what would be considered return on the Town’s objectives in desiring to offer a diversity of events and enrichment of the community’s cultural and artistic enrichment. Revenue 2017 Budget Revenue 2018 Budget Revenue 2019 Budget Ticket Sales $36,240 Ticket Sales $47,112 Ticket Sales $57,984 Concessions $3,000 Concessions $3,450 Concessions $3,967 Sponsors $1,500 Sponsors $2,000 Sponsors $2,500 Total Revenues:$40,740 Total Revenues:$52,562 Total Revenues:$64,451 Expenses 2017 Budget Expenses 2018 Budget Expenses 2019 Budget Troupe $37,500 Troupe $38,500 Troupe $39,500 Permits $250 Permits $250 Permits $250 Insurance $1,200 Insurance $1,200 Insurance $1,200 Marketing $6,000 Marketing $7,500 Marketing $7,500 Rider $3,000 Rider $3,000 Rider $3,000 Producer & Staffing $9,500 Producer & Staffing $10,500 Producer & Staffing $11,500 Total Expenses:$57,450 Total Expenses:$60,950 Total Expenses:$62,950 Total Revenues:$40,740 Total Revenues:$52,562 Total Revenues:$64,451 Profit/ Loss: ($16,710)Profit/ Loss: ($8,388)Profit/ Loss: $1,501 TOA Funding Received $23,000 TOA Funding Received $21,500 TOA Funding Received $20,000 Net Profit / Loss $6,290 Net Profit / Loss $13,112 Net Profit / Loss $21,501 Forecasted Admission Fee:$4,464 Forecasted Admission Fee:$5,796 Forecasted Admission Fee:$5,796 2017 Budget Projection 2018 Budget Projection 2019 Budget Projection ZOPPE' ITALIAN FAMILY CIRCUS BUDGET PROJECTIONS Page 3 of 3 COUNCIL OPTIONS:  Support the application with full or partial cash funding and/or in-kind services  Deny the application  Request additional information ATTACHMENTS:  ATTACHMENT A - Application  ATTACHMENT B - Letter from Ms. Gina Hallisey regarding funding request  ATTACHMENT C - Ad Hoc Special Events Committee Recommendation Comments 1 EVENT FUNDING PROPOSAL TO THE TOWN OF AVON, COLORADO Thank you for considering the addition of the Zoppe’ Italian Family Circus to your 2017 special event roster. Included in this document is the information required for funding consideration and application submittal. 1) EVENT CATEGORY: Cultural 2) BUSINESS CATEGORY: For Profit 3) EVENT TITLE: Zoppe’ Italian Family Circus 4) AVAILABLE DATES: August 11-13, 2017, August 25-27, 2017, September 8-10, 2017 5) EVENT PRODUCER: Get Connected Events CONTACT: Gina Hallisey BUSINESS MAILING ADDRESS: P.O. Box 1132, Arvada, CO 80001 BUSINESS PHYSICAL ADDRESS: 14626 W. 68th Pl, Arvada, CO 80004 OFFICE/CELL NUMBER: 303-726-6111 EMAIL: gina@getconnectedevents.com PRODUCER WEBSITE: www.getconnectedevents.com GCE NUMBER OF YEARS IN BUSINESS: 16 years ZOPPE’ WEBSITE: www.zoppe.net ZOPPE’ NUMBER OF YEARS IN BUSINESS: 174 years COLORADO EVENT WEBSITE: www.zoppecolorado.com 6) The event doesn’t benefit a charity although there is an option to include a non-profit gala during the performance run to benefit a local charity. We have already reached out to local non-profit Roundup River Ranch for a possible partnership and there is some interest. 7) FUNDING REQUEST for 2017: $23,000 Projected funding request for 2018: $21,500 Projected funding request for 2019: $20,000 2 8) In 1842, Napolene and Ermengilda Zoppe’ founded Circo Zoppe’ near Venice, Italy. Over 170 years later, Zoppe’, a traditional one-ring European circus, represents the continued celebration of the circus arts. One of the last family run circuses still traveling the United States, the 7th generation of the Zoppe’ family brings their celebration of life, circus and family to the ring entertaining audiences in the same grand tradition as their ancestors. The show consists of a true European theatrical circus performance lead by a ringmaster which includes acrobatic, equestrian, canine and clown acts performed by members of the 7th generation of the Zoppe’ family or their troupe of talented artists that rotate in yearly from all over the world. The show has an international feel with artists from Italy, Germany, Mexico, France and Russia to name a few of the artist’s origins that rotate in yearly. It appeals to a wide range of demographics and ethnic groups. The circus is presented in their own custom designed tent known as Veneto which sports an antique feel at 63 feet tall, 90 meters round, with wooden bleachers and can seat up to 500 guests comfortably, all with no seat further than 20 feet from the ring. The tent is made from a special black out material from France so when guests enter the tent they feel like they have stepped back in time. It is authentic circus and guaranteed to appeal to ages 2-92. In keeping with the vintage appeal the circus sells concessions inside the tent of popcorn, cotton candy and lemonade. In all other tour stops we have restaurant partners who have offered bounce back coupons on both the hard tickets and online versions to drive customers into their local businesses. All activities and partners will be located in the Town of Avon but we will market ticket sales to the entire Vail Valley. The Nottingham Park Athletic Field is the proposed location we would prefer. This is a new event with an expectation to break even in the first year based on our success in other like mountain resort communities. The budget projections demonstrate the 3-year plan of building the event to a profitable signature event that benefits the local community as well as visitors by providing a cultural event focused on unique, quality family entertainment. 9) We anticipate about 1500 total circus guests the first year. The performance run in each town consists of approximately 6-7 performances depending on the format chosen. A standard run for resort communities will have Friday 4pm and 7pm shows, Saturday 1pm, 4pm and 7pm shows and a Sunday 1pm closing show. Evening shows are completed no later than 9pm. There is usually 25- 30 artists and crew in the troupe and we have 4-6 box office and on-site operations staff. Depending on which weekend you would choose to host the event, the draw may vary a bit on the visitor category but the event is very often strongly supported by the local community which I anticipate to be the case in Avon so it is estimated to be 75% local and 25% front range/state visitors. Estimated parking spaces needed should not exceed 75 at the most for each performance. 10) BUDGET PROJECTIONS: The funding requested from the town will be utilized for artist deposits and marketing. Due to the nature of this event and the traveling troupe, an upfront investment from the town will be necessary to lock in the date. The ROI projections will be forthcoming and calculated on the overnight stays for front range visitors, food spend as the circus only offers popcorn, cotton candy and lemonade so people will go eat elsewhere in town, the $3 seat tax and 4% sales tax. I anticipate the ROI to be about 70-75% this first year. We will seek to engage local non-profits and could potentially host a Thursday night Gala to benefit a local non-profit also so that could be added to the ROI. I will put together a more thorough assessment soon and will send it your way. I am proposing a reduced damage deposit for your consideration as we build the event. 3 Estimated 1st YEAR 2017 Budget for Avon, CO performance run: REVENUE Ticket Revenue: $36,240 Concessions and Souvenirs: $3,000 Town Sponsorship: $23,000 Other Sponsorship: $1,500 Total Revenue: $63,740 EXPENSES Troupe Costs: $37,500 Permits: $250 Insurance: $1,200 Marketing: $6,000 Rider: $3,000 Event Producer and Staffing: $9,500 Avon Seat Tax: $4,464 (1,488 x $3) Total Expenses: $61,914 2017 NET: $1,826 PROPOSED REFUNDABLE DEPOSIT: $3,000 Estimated 2nd YEAR 2018 Budget for Avon, CO performance run: REVENUE Ticket Revenue: $47,112 Concessions and Souvenirs: $3,450 Town Sponsorship: $21,500 Other Sponsorship: $2,000 Total Revenue: $74,062 EXPENSES Troupe Costs: $38,500 Permits: $250 Insurance: $1,200 Marketing: $7,500 Rider: $3,000 Event Producer and Staffing: $10,500 Avon Seat Tax: $5,796 (1,932 x $3) Total Expenses: $64,246 2018 NET: $9,816 PROPOSED REFUNDABLE DEPOSIT: $4,000 4 Estimated 3rd YEAR 2019 Budget for Avon, CO performance run: REVENUE Ticket Revenue: $57,984 Concessions and Souvenirs: $3,967 Town Sponsorship: $20,000 Other Sponsorship: $2,500 Total Revenue: $84,451 EXPENSES Troupe Costs: $39,500 Permits: $250 Insurance: $1,200 Marketing: $7,500 Rider: $3,000 Event Producer and Staffing: $11,500 Avon Seat Tax: $7,128 (2,376 x $3) Total Expenses: $70,078 2019 NET: $14,373 PROPOSED REFUNDABLE DEPOSIT: $5,000 This model assumes ticket pricing of $25 GA bleacher seating (with most using the $5 discount coupon so the cost will be $20), $35 VIP chair seating and $50 for front row VIP Premier 1st Year budget based on 50% sellout 2nd Year budget based on 65% sellout 3rd Year budget based on 80% sellout By the 4th Year we are usually at sellout but we plan conservatively at start up until we have historical data 11) MARKETING PLAN Local Radio and Newspaper: we hope to tag on to town marketing for summer events the first year and we would build this piece yearly as the revenue increases Posters - distributed locally and in the Vail Valley Circus Bucks ($5 discount coupons) – will be distributed locally in the entire Vail Valley Online - zoppecolorado.com, zoppe.net, Facebook (including boosts) – promotes to Zoppe’ followers and circus fans Coloradokids.com (discount coupon) – will promote to families outside Avon seeking kid’s activities in Colorado Andiamo! Colorado's Italian Newspaper (distributed on the front range) - promotes to Zoppe’ Circus followers (the Italian community) and the front range We will seek sponsors for bounce back coupon advertising opportunities on the hard tickets and online tickets. We will also seek banner sponsors and larger sponsors. It’s not very common to have an underwriting presenting sponsor from outside business which is why the town or city where presented usually picks up that sponsorship. For presenting entities, the Zoppe’ Circus helps drive new people to 5 their communities that stay, shop and dine in local businesses. Most ticket sales take place online so we have the opportunity to see what area the guest lives in, how far they are traveling to see the show and we can email attendees in advance with information on local lodging, shopping, dining, etc. The Town of Avon logo will be on all marketing and collateral and there are many other benefits of sponsorship. The ZoppeColorado.com website will link to your website so guests can easily access lodging and other local offerings in the area. All related documents on tent specifics, insurance, rider requirements, sponsorship, marketing, photo assets, letter of recommendation, etc will be included via Drop Box. In closing, I truly believe the Zoppe’ Italian Family Circus is a good fit for Avon and the surrounding Vail Valley community. The demographic drawn to the Zoppe’ Circus is mostly families but it is an all ages event so we see multi-generational support from grand parents, parents and children all coming together to enjoy the circus. Due to the international feel of the event is appeals to all ethnicities and we have the ability to tailor the event to our audience because it is so participatory. This event will appeal to tourists because it is so unique but especially to locals because it is so exclusive so it fast becomes a signature event in a community’s yearly summer lineup. We will engage local Avon businesses to partner with the circus to encourage the circus guests to stay in town for dining, shopping and lodging. We will market ticket sales in the Vail Valley to bring surrounding guests to Avon for the circus event. We look forward to building the event over the next three years to a self sustaining model. We appreciate your consideration in bringing this unique and exclusive event to the Town of Avon. With a three-year commitment you will receive a First Right of Refusal with a guarantee of no other stops on the I-70 mountain corridor. Our current other mountain communities (Snowmass and Winter Park) are not in competition due to their distance from Avon nor is the one Denver stop so Avon would have the exclusive on this area of the state. Feel free to contact me if you need further information. I look forward to meeting you and presenting the event in person in January to town council. Please accept my digital signature as original since time is of the essence. I will plan to have a hard copy and an ROI analysis to you soon but wanted to get this application in ASAP in the hopes of getting on the January agenda with town council. I affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. Gina Hallisey Authorized Signatory Signed December 22, 2016 Get Connected Events 303-726-6111 gina@getconnectedevents.com TO: Town of Avon Honorable Mayor Jennie Fancher and Avon Town Council In ℅ Virginia Egger, Town Manager ATTACHMENT B Dear Mayor Fancher and Avon Town Council, I am excited to present to you for consideration the Zoppe’ Italian Family Circus for your 2017 summer event roster to be presented at Nottingham Park from September 8th-10th. This antique style circus has been entertaining audiences for over 170 years in the same grand tradition as their ancestors. The 7th generation of the Zoppe’ family is one of the last one ring circuses still traveling the U.S. today bringing directly to you authentic, artistic and theatrical circus performed as it would have been for families over 100 years ago. This is a very exclusive tour in Colorado and having hand selected the locations since 2008, I think Avon and the surrounding Vail valley would be a perfect ﬁt for the vintage charm and international appeal of this circus event! This event is typically funded in full by most host communities across the United States but I have created a shared risk model that has been successful in Colorado resort communities so all parties win, especially the guests who will have the opportunity to experience this wonderful family circus at an affordable price and in a beautiful setting such as fall in Avon, Colorado. In the application recently submitted to the Ad Hoc Special Events Committee, I requested town funding of the Zoppe’ Italian Family Circus in the amount of a $20,000 fee and $3,000 in estimated rider costs for a total of $23,000, which reﬂects the shared risk model. The committee recommendation is to fund the event at $17,250 plus in-kind valued at $3,450. The in-kind rider items the town has offered to provide are the park location to stage the event, RV/animal parking, shore power, potable water hook up, 8 yard dumpster and waiving the permit fee. With the in-kind support as listed I am able to offset some of the rider fees and those can lowered by $1,500 which brings the total fee to $21,500 for the Zoppe’ Circus to come to Avon. A $20,000 fee plus rider is the absolute lowest amount the Zoppe’s can accept for this production, therefore; I am requesting council to increase the recommended amount of the committee and fund the circus at $21,500 plus the speciﬁc rider items listed above in this letter. The type of quality production we will bring to your community and the overall unique aspect of the event will surpass expectations and become a signature event that families will look forward to year after year. This event will appeal to the community at large due to it’s cultural feel and family friendly show that exudes vintage charm, so we anticipate a huge response from the locals. I plan to attend the council meeting on January 24th to present a short overview of the event and answer questions. The Zoppe’ schedule is ﬁlling up quickly so if the $21,500 fee can be approved at the meeting I can lock in your date and start planning for the Avon stop on the Zoppe’ Colorado Tour. I look forward to meeting you soon. Respectfully, Gina Hallisey Event Producer Get Connected Events ATTACHMENT C AD HOC SPECIAL EVENTS COMMITTEE RECOMMENDATION Date of Meeting: January 14, 2017 Committee Members Attending: Ruth Stanley, Trevor Davis, Chris Cofelice, Trevor Spinks, Tom Butz, Timothy Haley, Bobby Bank, Liza Mattis, Dennis McMahon, Jamie Fisher, Rego Omerigic, John Curutchet, Greg Daly, Preston Neill, Danita Dempsey, Councilor Jake Wolf DISCUSSION The group considered the following questions: 1. Do we think the circus will really bring 1,500 people? 2. Is a circus what Avon is about? 3. Does a circus fit the brand? 4. Are the stated goals and review criteria met? • Group agreed it is a strong local attraction; and a good economic driver • Time of year – The group found the September dates to be best as the weather is comfortable and the foliage is changing • Humane treatment of animals – Concern that animals are treated humanely should be ensured • Round Up River Ranch was debated as to whether the nonprofit was a good match for the event; no concerns remained after discussion Councilor Wolf spoke extensively during the meeting and offered a series of comments, including but not limited to: • Community value is important as is heads in beads but council understands that sometime events don’t do both. • Regarding the ROI – Council does not really look at the spreadsheet and the loss or the negative numbers; is more about cost benefit, not loss. Ad Hoc Recommendation: Cash: $17,250.00 (25% reduction from request) In-kind Value at $3,450.00 Uses as follows, with recognizing and supporting the Town Manager’s authority to amend the uses of the in-kind. • Power and distribution of power which offers the producer savings of not having to bring in a generator • Use of the Park • Town Hall west parking lot for R.V parking and animal trailer (pending Town Manager approval) • Use of Town 8-yard dumpster • Access to potable water located on Town Hall Heil Law & Planning, LLC Office: 970.468.0635 1022 Summit Drive Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Eaglebend Affordable Housing Project legal issues DATE: January 20, 2017 SUMMARY: The Avon Town Council provided direction at the January 10, 2017 Council meeting to proceed to work with Eaglebend Affordable Housing Corporation (“EBAHC”) to close on the refinancing desired by EBAHC. EBAHC has proposed to pay-off the existing outstanding debt on the EBAHC project site property (“Property”) in the approximate amount of $11,890,000 and issue new debt in the approximate amount of $26.8 million. The additional proceeds would be used for capital improvements on the Property. PROPOSED MOTION: “I move to approve Ordinance No. 17-01 ACCEPTING THE DONATION OF THE EAGLEBEND AFFORDABLE HOUSING PROPERTY, AUTHORIZING DISPOSAL OF SUCH PROPERTY, AND APPROVING A NEW PROJECT AGREEMENT BETWEEN THE TOWN OF AVON AND EAGLEBEND AFFORDABLE HOUSING CORPORATION on first reading.” BACKGROUND: The original debt was issued by EBAHC as a non-profit corporation that was financing capital improvements for a public purpose under IRS Revenue Procedures that allow tax exempt bond financing. Qualified non-profit corporations are known as 63-20 Corporations. An essential requirement of any qualified 63-20 Corporation is that there must be a governmental sponsor that has the right to acquire and own the property after the debt is full defeased. The Town of Avon’s right to acquire the Eaglebend Property is included in the Project Agreement between EBAHC and the Town of Avon, which was originally approved with the project in 1990. Under existing laws and IRA Revenue Procedures for 63-20 Corporations, EBAHC cannot directly issue additional tax exempt debt that would extend the debt payments past 2021. As proposed by EBAHC, the proposed refinancing would be achieved by following an IRS Private Letter Ruling (PRL 8743047) whereby the Colorado Housing and Finance Authority (“CHFA”) would act as the borrower and issue new bonds to defease the existing debt and provide additional proceeds for capital improvements. CHFA can issue the bonds as tax exempt bonds with a lower interest rate. In order to achieve this tax exempt financing, EBAHC would transfer the Property to the Town of Avon, Avon would transfer the Property to CHFA, then CHFA would transfer the Property to EBAHC. NOTE that transfer of fee title to the Town of Avon is required to comply with the terms of the Project Agreement and thereby maintain the tax exempt status of the original bonds. Along with this circle of transfers, EBAHC would agree to a new Project Agreement that carries forward the same rights the Town has now. Under the new financing, a project agreement to satisfy the 63-20 Corporation requirements is not technically required; however, EBAHC has agreed that it will support the continuation of the Town’s rights as part of the refinancing. PROJECT AGREEMENT: There are three substantive rights in the existing Project Agreement, which are listed as follows: (1) The Town has the right to receive unencumbered fee title to the Property when the debt is paid-off. (2) The Town has the right to pay-off existing debt at any time and then receive unencumbered fee title to the Property. M EMORANDUM & PLANNING, LLC Avon Town Council Eaglebend Affordable Housing Corporation Refinancing January 20, 2017 Page 2 of 2 (3) Any amendment, modification or extension of debt on the Property is subject to the Town’s review and approval. At this time a new Project Agreement has not been drafted. Discussions have acknowledged that the existing substantive rights would carry forward into a new Project Agreement. What is not known at this time is the requirements that CHFA may have on financing, defeasance of debt, incorporating and referencing the Town’s rights in a new Project Agreement into a new indenture agreement, and the extent and definition of any minimum affordable housing requirements on the Property. As of the date of this memorandum, it is my understanding that CHFA has not yet confirmed that they will provide financing as proposed and requested by EBAHC. FINANCE DETAILS: Although there is a general idea about current interest rates for tax exempt bonds, EBAHC has not yet be able to provide final details (i.e. locked terms) regarding the amortization period (debt term), whether the financing will require another future balloon payment and if so, the amount of the balloon payment, whether there will be a reserve fund to meet a future balloon payment obligation, projected annual extra cash flow from the project, and whether an annual operating and/or capital reserves funds will be established. The terms of financing from CHFA may require some of these details to be addressed. Also not known at this time is the form and terms of any agreement between CHFA and EBAHC. CONVEYANCE OF THE PROPERTY: I am expecting that conveyance of the Property to the Town will be by quit claim deed and that the Town would reconvey the Property to CHFA by quit claim deed. I do not know at this time if other details or restrictions should, or must, be incorporated into the conveyances to accommodate the financing from CHFA. As acknowledged in the Ordinance, the Town is receiving the Property as a “donation” because it is not paying of the existing $11+ million outstanding debt balance. Under the Town’s Home Rule Charter, the Town may receive and then dispose of donations of real property in accordance with the terms of the donation under Section 18.4 without falling under the requirement of voter approval to dispose of municipally owned property in “use for public purpose” under Section 18.3. OPTIONS: The Town Council may defer first reading of Ordinance No. 17-01 until additional details are known, particularly the terms of the CHFA financing, the form of a new Project Agreement, and related final financial details. I do not foresee any negative legal consequence of the Town Council approving first reading of Ordinance No. 17-01 so long as the remainder of the details are available in advance of the public hearing for second reading. The Town requires a minimum of six days after approval of an ordinance in full before a public hearing, meaning that the public has a minimum of six days to view an ordinance in full with all related details. Town staff needs at least a few days to review final information. Town would need to receive additional information by Friday, February 3, 2017 in order to be prepared for a public hearing on second reading on February 14, 2017. If the final details are determined and received by the Town later than that date, then Council would likely have to continue the public hearing and second reading to a later Council date. Ordinances do not take affect for 30 days after final reading, so closing on the bond refinancing could not happen any sooner than 30 days after second and final reading. C.R.S. §31-15-713(1)(b) requires the conveyance and disposal of real estate to be approved by ordinance, therefore the Town’s ordinance procedures and timeframes are required as part of the Town’s approval. Thank you, Eric ATTACHMENT: Ordinance No. 17-01 Ord 17-01 Eaglebend Affordable Housing Corporation Property First Reading – January 24, 2017 Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 17-01 ACCEPTING THE DONATION OF THE EAGLEBEND AFFORDABLE HOUSING PROPERTY, AUTHORIZING DISPOSAL OF SUCH PROPERTY, AND APPROVING A NEW PROJECT AGREEMENT BETWEEN THE TOWN OF AVON AND EAGLEBEND AFFORDABLE HOUSING CORPORATION WHEREAS, Eaglebend Affordable Housing Corporation (“EBAHC”) owns an affordable rental housing project located on property described as follows: Parcel 1: Lot 2 and Tract A, Replat Number 1, Final Plat of Eaglebend Subdivision, Filing No. 4, According to the Plat Recorded July 17, 1992 in Book 584 at Page 995, County of Eagle, State of Colorado; and, Parcel 2: Lot 1, Riverside Subdivision, Town of Avon, According to the Final Plat Recorded September 1, 1989 on Book 512 at Page 802, County of Eagle, State of Colorado, (“Property”); and WHEREAS, EBAHC desires to refinance existing debt on the Property with an approximately current outstanding balance of $11,965,000 in order to accelerate capital improvements to the Property, to take advantage of low interest rates, and to provide for more favorable amortization of the debt; and, WHEREAS, EBAHC proposes refinancing by and through the Colorado Housing and Finance Authority (“CHFA”), which would require conveyance of the Property to the Town of Avon by donation, then conveyance to CHFA, and then conveyance to EBAHC; and, WHEREAS, EBAHC entered into the Eaglebend Affordable Housing Project Second Amended and Restated Project Agreement, dated August 1, 2006, (“Project Agreement”) with the Town of Avon, under which EBAHC must obtain consent of the Town of Avon for any amendment or modification of the Indenture (as referenced in the Project Agreement), which will be necessary for the refinancing; and, WHEREAS, EBAHC proposes to convey the Property by donation to the Town of Avon without the Town paying the outstanding debt balance,and in connection with such donation EBAHC requests that the Town reconvey the Property to CHFA, which will sell and convey the Property to EBAHC subject to such new and modified requirements as set forth in the new documents with respect to the refinancing; and, WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may accept conveyances of real property to the Town and may dispose of real property and Section 18.4 of the Avon Home Rule Charter provides that the Town Council may receive gifts of property in fee simple and may dispose of such property in accordance with the terms of the gift; and ATTACHMENT: ORD. NO. 17-01 Ord 17-01 Eaglebend Affordable Housing Corporation Property First Reading – January 24, 2017 Page 2 of 3 WHEREAS, the Avon Town Council finds that facilitating the refinancing of the Property will allow for a more favorable amortization schedule with respect to the financing of the Property, will provide necessary new funds to accelerate capital improvements to the Property, and will extend the life of the Property which provides a substantial number of affordable housing rental units for the Avon community, and will thereby promote the health, safety and general welfare of the Avon community; 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 present testimony and evidence regarding 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. Acceptance of Donation Property. The Town Council hereby accepts the donation of the Property by and through a Quit Claim Deed, the form of which shall be subject to review and approval by the Mayor, Town Manager and Town Attorney, and which acceptance of title to the Property shall be subject to the terms and conditions of the refinancing and the new Project Agreement, as described below in Section 4. Section 3. Authorization to Reconvey Property. The Town Council hereby authorizes the Mayor, Town Clerk, Town Manager and Town Attorney to execute all documents and take such action to reconvey the Property to CHFA by Quit Claim Deed in accordance with the terms and conditions of the refinancing and the new Project Agreement, as described in Section 4. Section 4. Approval of 2017 Project Agreement. The Town Council hereby approves the new Project Agreement with EBAHC, attached hereto as Exhibit A. 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. ATTACHMENT: ORD. NO. 17-01 Ord 17-01 Eaglebend Affordable Housing Corporation Property First Reading – January 24, 2017 Page 3 of 3 Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage 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. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on January 24, 2017 and setting such public hearing for February 14, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on February 14, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT: ORD. NO. 17-01 Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 1 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Matt Pielsticker, AICP, Planning Director Meeting Date: January 24, 2017 Meeting Agenda Topic: First Reading of Ordinance 2017-02, An Ordinance Approving the Rezoning of Lot 4, Mountain Vista Resort Subdivision, from Planned Unit Development (PUD) to Public Facilities (PF) ACTION BEFORE COUNCIL Vote on an Ordinance that changes the zoning of the new Town Hall parcel from Planned Unit Development (PUD) to Public Facilities (PF) zone district. PROPOSED MOTION “I move to approve Ordinance 2017-02 (Exhibit A), thereby approving first reading of an Ordinance rezoning Lots 4, Mountain Vista Resort Subdivision, from PUD to PF.” BACKGROUND Shortly after the purchase of the new Town Hall building and Lot 4, Mountain Vista Resort Subdivision, Staff presented the option to rezone the property to PF; this would have been concurrent with the Points of Colorado application to rezone the remainder of the Mountain Vista Resort Subdivision as TC. While the accessory uses of the Mountain Vista building are still pending, the potential to use ground floor space to accommodate retail, a coffee shop, a visitor’s center, or other similar use is being considered. Analysis of the structural capability to hold additional floors, potentially accommodating housing on the top of the building, was explored in late 2016 and therefore the building height will not be modified. At that time Council provided direction to further evaluate the zoning options so as to not restrict possibilities with new construction. Code text amendments were processed to allow more flexibility with additional housing uses in PF and governmental uses in the TC zone district. The following changes to the development code were approved: 1. Residential Uses were added as a Special Review Use (SRU) in the PF zone district; and 2. Public and Institutional Uses added as a Use by Right in the TC zone district. Following the approval of the code text changes, the Planning and Zoning Commission (PZC) again reviewed the rezoning of Lot 4. At a public hearing on October 4, 2016, PZC discussed the intended use of the facility first and foremost as a governmental office building. Citing concerns with other potential non-governmental uses in the development and resultant parking demands, PZC recommended that Council approve rezoning the property from PUD to the PF zone district, citing the following findings: Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 2 1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development Code, and is found to be in substantial compliance with the review criteria. 2. The subject property is publicly owned by the Town of Avon and should remain public without private uses. 3. Town Center (TC) zone district designation is not appropriate for public uses. 4. Uses allowed in the TC zone district could result in inadequate parking allocations, or result in private enterprises’ reliance on public parking currently reserved for the Recreation Center and other public uses. 5. The Application provides assurances with respect to building form, development standards, and allowed uses consistent and in scale with adjacent neighboring existing and planned land uses. 6. The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time conserving the value of the investments of owners of property in Town. Following PZC’s recommendation for approval of the rezoning from PUD to PF, Council held first reading of an Ordinance on October 25, 2016. The motion to approve the Ordinance (3-2 vote) did not represent a majority of Council and therefore the motion did not pass. The matter is again brought before council for approval of first reading and setting a public hearing for February 14, 2017. PROPERTY DESCRIPTION Lot 4 is approximately a 1/4 acre in size and is currently surrounded by parking lots and undeveloped portions of the Mountain Vista development project. The lot itself is covered mostly with the vacant office building footprint and concrete sidewalks surrounding the building. The property is bounded on the west by Tract G and surface parking; south by the Main Street Pedestrian Mall; on the north by the partially developed Sheraton Mountain Vista Subdivision, and on the east by Lot B and potential future site of a hotel. Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 3 REZONING REVIEW CRITERIA As outlined in Sec. 7.20.080(e), the PF district “is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” The review process and review criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. Council shall use the criteria below as the basis for a final decision on the application. Staff responses to each review criteria are provided. (1) Evidence of substantial compliance with the purpose of the Development Code; The entire Purpose statement section from the Development Code (Section 7.04.030 - Development Code Purposes) is outlined for reference: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 4 (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub-alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p) Promote the health, safety and welfare of the Avon community. Staff Response: The Application is substantially compliant with the purpose statements of the Development Code by providing for the orderly, efficient use of the Property, while at the same time considering adjacent land uses and compatibility of land uses in the vicinity. The Application complies with the goals and policies of the Avon Comprehensive Plan and other applicable planning documents. Two planning studies were completed in 2015 that support the rezoning and final use of the building as a Town Hall. The Avon Town Hall Facility Assessment and Space Needs Analysis was completed by SEH, Inc consultant to the Town. In addition to looking at space requirements and condition of the existing Town Hall, the study identified Lot 4 as the preferred option for a new Town Hall. Further support for this rezoning was documented with the Planning Services Review and Update of Nottingham Park Master Plan, Swift Gulch Master Plan, and Lot 5 Development Plan, completed in November, 2015 by Stan Clauson Associates, consultant to the Town. That planning study looked at three alternatives for Town Hall, with the preferred option as Lot 4. Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 5 Staff Response: The application will provide consistency with the Comprehensive Plan, and supporting planning documents listed above. Specific goals and policies that support the rezoning include: Policy C.1.6: Include sufficient land for public uses such as schools, recreation, community facilities (such as childcare), and government services near the people who use them. Goal J.2: Ensure cost effective provision and development of public facilities and services. Policy J.2.2: Locate schools, parks, and other civic facilities, along trails, sidewalks, and transit facilities. Goal J.3.1: Encourage the broad participation of citizens in planning efforts and decision-making. The West Town Center Investment Plan also supports moving public offices from their current location to accommodate other potential uses in its current footprint. The area between the Recreation Center and New Town Hall property is still envisioned to accommodate an expansion to the Recreation Center as well as a possible parking structure, employee housing, and limited retail space on the Main Street Pedestrian Mall. (3) Physical suitability of the land for the proposed development or subdivision; Staff Response: The Property is physically suitable for the proposed development as a Town Hall. A design and development process is underway for government and related services. (4) Compatibility with surrounding land uses; Staff Response: Governmental offices, with supportive community and related uses fit well between the park, Recreation Center, and library, with transition to the Main Street Pedestrian Mall and lodging activities that surround. The permitted uses in the PF zone District include the following:  Art Gallery or Museums  Community Centers  Libraries  Government Services, Offices, and Facilities  Education  Transit Facilities  Medical  Recycling Centers  Residential Uses by Special Review Use  Other Accessory Uses as determined by the Director Public uses are concentrated in this area of Town at the edge of Nottingham Park and appear to be compatible with surrounding residential, commercial, and lodging land uses. The interface of Lot 4 with the surrounding uses (both existing and proposed) will be studied in more detail with the completion of the Main Street Pedestrian Mall. Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 6 (5) Whether the proposed rezoning is justified by changed or changing conditions in the character of the area proposed to be rezoned Staff Response: As identified with updated planning studies, conditions have changed in the area of Tract G with the construction of the Pavilion. Additionally, ballot issues passed for the police and fire departments for the relocation to the north side of Interstate 70. This property is positioned between several TC properties to the east, and a large area of PF zoned district property to the west. While the potential use/character may be unconventional, it will ultimately be for the public good. It is envisioned that the building and supporting uses will have a high level of interaction with the Main Street Pedestrian Mall and be supportive of public use to a much higher degree than the current Town Hall facility on Tract G. (6) Whether there are adequate facilities available to serve development for the type and scope suggested by the proposed zone compared to the existing zoning, while maintaining adequate levels of service to existing development; Staff Response: Adequate facilities are available to serve the development type and scope. (7) Whether the rezoning is consistent with the stated purpose of the proposed zoning district(s); Staff Response: The PF zone district is appropriate for the Lot’s intended uses. The Public Facilities district “is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities.” Staff and PZC carefully analyzed the TC zone district; however, the PF district fit best with the planned uses. Direction was provided by Council to not pursue residential, office, or other additional uses on the property. (8) That, compared to the existing zoning, the rezoning is not likely to result in adverse impacts upon the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: Staff does not anticipate any adverse impacts upon the natural environment, compared to the existing zoning (office/retail). (9) That, compared to the existing zoning, the rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; Staff Response: No significant impacts to other properties in the vicinity are envisioned with a PF land use designation. All of the neighboring properties are aware of the proposed rezoning and intended use of the property; some neighboring property owners intend to perform additional improvements to create additional vibrancy in the area. (10) For rezoning within an existing PUD, consistency with the relevant PUD Master Plan as reflected in the approval of the applicable PUD; and, Staff Response: The rezoning would supersede and void the existing PUD Development Plan documents. This is found to be a benefit in and of itself, thereby eliminating the outdated Mountain Vista PUD documentation. (11) Adequate mitigation is required for zoning amendment applications which result in greater intensity of land use or increased demands on public facilities and infrastructure. Staff Response: The intensity of use is comparable to existing zoning and possible uses of the property. Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 7 ATTACHMENTS Exhibit A: Ordinance 2017-02 Exhibit B: PZC Record of Decision Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District FIRST READING – January 24, 2017 Page 1 of 4 TOWN OF AVON, COLORADO ORDINANCE NO. 17-02 REZONING LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION, AVON, COLORADO, FROM PLANNED UNIT DEVELOPMENT TO PUBLIC FACILITIES WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Town of Avon (“Applicant”) submitted an application to rezone Lot 4, Mountain Vista Resort Subdivision, Avon, Colorado (“Property”) from Planned Unit Development to Public Facilities zone district; and WHEREAS, according to the Avon Municipal Code (“AMC”) §7.20.080(c), the PF district is intended to provide sites for public uses such as community centers, police and fire stations and governmental facilities; and WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and posting notice as required by law, held a public hearing on October 4, 2016; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and a Record of Decision on October 18, 2016, in accordance with AMC §7.16.020(f), making a recommendation to the Town Council to approve the Application for PF zoning; and WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held a public hearing February 14, 2017, and prior to taking final action considered all comments, testimony, evidence and Town Staff reports; and then took action by approving this Ordinance; and WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application; and WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has considered the applicable review criteria for rezoning and finds that the criteria are met in accordance with the town staff report, and in accordance with the Findings of Fact; and WHEREAS, the Property is located adjacent to property owned by the Town of Avon which is currently zoned PF district and the Property is intended for use as a Town Hall, government facilities, and accessory land uses; and Exhibit A Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District FIRST READING – January 24, 2017 Page 2 of 4 WHEREAS, the Town Council finds that the rezoning from Planned Unit Development to the Public Facilities district will promote the Avon Comprehensive Plan for District 1, promote uniformity of zoning regulations in the Town Core area, and will thereby promote the health, safety and welfare of the Avon community; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm 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 present testimony and evidence regarding the application, 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: 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. Rezoning. Lots 4, Mountain Vista Resort Subdivision, Avon, Colorado, is hereby rezoned from Planned Unit Development to the Public Facilities district. Section 3. 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 has 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 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. The Town Council hereby finds, determines and declares 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 this Ordinance is necessary for the preservation of health and safety and for the protection of pubic 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 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability Exhibit A Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District FIRST READING – January 24, 2017 Page 3 of 4 incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references to recording information and make similar changes, and to correct any typographical, grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Exhibit A Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District FIRST READING – January 24, 2017 Page 4 of 4 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on January 24, 2017 and setting such public hearing for February 14, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on February 14, 2017. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney Exhibit A E x h i b i t B TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: January 24, 2017 Agenda Topic: Motion to Increase Public Safety Facility Budget to Provide for Winter Conditions and Unforeseen Expenditures Contingency due to the Cost of the Piles ACTION BEFORE COUNCIL To review and approve, or approve with changes an increase to the Public Safety Facility Budget in the amount of $300,000 for a total of $6,320,855. PROPOSED MOTION I move to approve the increase in the Public Safety Facility construction budget in the amount of $300,000 for a total of $6,320,855 and to include the change in the next Capital Projects Fund (CPF) budget amendment. BUDGET IMPLICATIONS The 2016 Capital Projects Fund Real Estate Transfer Tax collections were budgeted at $2,300,000. The current year to date 2016 actual revenue is $3,365,000; therefor the Town collected $1,065,000 in unanticipated revenue. These additional funds will be rolled into the 2017 CPF budget as part of the next budget amendment and are available to pay for the requested budget change. Should Council approve the requested additional contingency funding of $300,000, the CPF reserves will be $1,988,000, and well above the recommended minimum of $1,000,000. DISCUSSION The construction of the joint Avon Public Safety Facility started in August and is proceeding on schedule with completion anticipated in August 2017. The building foundation is completed, most of the steel installed and concrete poured. The contractor is currently starting to frame the exterior walls and interior walls on the first floor. There were two unanticipated challenges at the beginning of the project that consumed the $312,883 contingency budget. The first resulted from poor soils encountered during installation of the piles. The building foundation rests on piles that are driven into the ground to support the structure. The foundation designer estimated the piles would be 35-FT deep based on the geotechnical report. The soils were softer than the geotechnical report indicated and the actual pile depths ranged from 35-FT to 151-FT deep resulting in $124,190 in additional costs to the project. The second cost increase happened when groundwater was encountered on the site that was not anticipated in the design. The presence of the groundwater required remediation with temporary and permanent dewatering of the site and cost $66,411. These 2-items consumed $190,601 of the  Page 2 contingency, not leaving adequate funds to cover other typical contingency funded line items like winter conditions, temporary utilities and minor modifications. Other major change orders include changes to the lighting system, addition of a BDA system, moving the administration area to improve natural light, including lockers and pistol lockers that were previously deleted, relocation of gas meter required by Xcel Energy, and addition of grout to selected walls so they are bullet resistant. The breakout of the change orders is included in Exhibit A. Once these challenges were encountered, staff worked with the architect and general contractor to find additional cost savings. Potential savings were limited since the building was already under construction. Potential cost savings include reducing the number of lockers installed to current staffing levels, not finishing a changing room, and changing flooring types for a total savings of $19,523. Accepting these reductions is not recommended since it will cost more in the future to complete these items. It is important to note that contractually the General Contractor, Evans Chaffee Construction Group (ECCG), is entitled to a 3% mark-up on change orders to cover insurance and bonding requirements and ECCG does not profit from change orders. It is estimated that an additional $300,000 will be required to complete the project and staff is requesting the project budget be increased by $300,000 to cover these items for the project. The funds for the solar photovoltaic system previously requested by Town Council are included in the $300,000 request. The following table summarizes the PSF budget and recommended contingency. PUBLIC SAFETY FACILITY CONTINGENCY AUG 2016 TOTAL CONTINGENCY $312,883 FOUNDATION PILES OVERAGE ($124,190) DEWATERING ($66,411) SOLAR PHOTOVOLTAIC ($16,411) SUB-TOTAL AVAILABLE CONTINGENCY $105,871 ANTICIPATED NEW COSTS TEMPORARY UTILITIES $39,040 WINTER CONDITIONS ESTIMATE $102,865 OTHER MISCELLANEOUS ESTIMATE $202,046 TOTAL NEW COSTS $343,951 ESTIMATED SHORTFALL FOR NEW COSTS $238,080 REQUESTED ADDITIONAL CONTINGENCY 61,920 TOTAL NEW COSTS FUNDING REQUEST $300,000 ORIGINAL BUDGET $6,020,855 PROJECTED BUDGET $6,320,855  Page 3 EXHIBIT A CHANGE ORDER COST Column1 Column2 The lighting system design was modified after the June pricing exercise to include some omissions of fixtures that are required. $ 24,361 Poor soils were encountered during installation of the water line and had to be removed and replaced with appropriate soils $ 1,302 The storm sewer was re-designed to shorten the required storm pipe $ (5,821) A BDA system was added that amplifies the radio frequency since a portion of the building is below grade $ 17,126 New lockers and pistol lockers are being recommended to be included in the project $ 36,229 The geotechnical engineer recommended a trench be stabilized for the safety of the workers $ 1,122 The administration offices were relocated to improve the natural light $ 14,916 The bathroom electric hand dryers were removed $ (891) Xcel Energy required the gas meter location to be moved requiring more trenching and bollards $ 2,292 An additional storm inlet was added to improve drainage after reviewing the design in the field $ 2,925 Grout is recommended to be Placed in several CMU block walls to improve the bullet resistance if a shot is fired $ 5,332 Changes required to switch geothermal system to a traditional HVAC system (allowance) $ 30,000 Installation of a webcam to monitor construction $ 2,589 Estimated exceedance of allowance for low voltage system (security, access control, cabling, etc.) This was not included in the GC contract and there was a $70,000 allowance in the project budget. $ 67,500 Bollard Caps $ 442 Addition of Conference Room Door $ 2,622 TOTAL $ 202,046 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Meeting Date: January 24, 2017 Agenda Topic: REVIEW AND SELECT ONE OF THREE OPTIONS FOR THE REPLACEMENT H.A. NOTTINGHAM PARK PAVILION CURTAIN WITH DOORS. ACTION BEFORE COUNCIL Town Council is being requested to take action on an option for the replacement of the stage curtain with doors at the H.A. Nottingham Park Pavilion. COUNCIL MOTION I move to select option (1, 2, or 3) for the replacement of the stage curtain with retractable doors. If option 1 is selected, the motion must also include “and to appropriate an additional $75,000 to the project budget.” DISCUSSION The H.A. Nottingham Park pavilion was originally constructed with a curtain that could be used during events to protect the performers from the wind. When an event is not occurring, the curtain is stored in closets and park users can enjoy the view of Bellyache Mountain. There have been several times the curtain collapsed as a result of high winds and several event promoters do not feel comfortable using the curtain because of the risk to the performers and their equipment. In 2016, to satisfy the event promoter concerns, Staff constructed a wall to block the wind behind the curtain using scaffolding and fabric. The 2017 Capital Projects Fund (CPF) includes $100,000 to replace the curtain with a door system that can withstand high windloads and alleviate the concerns of the promoters. Staff, with the assistance of the architect, investigated several different options and 3 options are considered feasible. The criteria used to evaluate a potential door system include: • Resistance to wind loads • Ability to operate in inclement weather • Generation of noise from the wind when in use • Compatibility with the existing design of the stage The following three options are being presented for Town Council for consideration. Option 1 – Horizontal Sliding Door System (Attachment A) The architect recommends a horizontal sliding door system that will be painted black and have tracks on the beam and along the floor. The doors will cost approximately $110,000 and installation will likely be another $75,000 for a total cost of $195,000. This door is so large it must have a motor and  Page 2 will be stored in the closet where the curtain is currently stored but the closet will have to be re-built to accommodate the larger doors. If Council selects this option, the project budget must be increased to $195,000 as part of the next CIP budget amendment scheduled for March. Option 2- Rubber Roller Door (Attachment B) A more cost effective option is a high performance rubber door that rolls down and is operated by a motor. The mechanical equipment will be framed out with black metal to match the steel beams. The estimated cost of this door system installed is $75,000. Option 3 – Scaffolding Wall System The third option that Town Council may consider is to not pursue replacing the curtain and continue to use the scaffolding wall system for major events. Last year the scaffolding wall was erected for 3 events, Winter Wondergrass, Cover Rock and Outlaws & Legends. The erection of the wall takes 2- staff members 2-days and it takes another day for 2-staff members to take down the wall for a total of 6-worker days. More suitable material to wrap the scaffolding could be purchased to wrap the scaffolding and simplify the erection of the wall. Attachment A – Horizontal Metal Sliding Doors Attachment B – Rubber Roller Door Clark Door Limited WPC Our Ref: Q36794/2 Date: 18 Oct 16 Page 1 of 4 F.A.O Ben Marion VAG Architects and Planners 105 Edwards Village Boulevard Edwards, CO 81632 Dear Ben Avon Performance Pavilion, Colorado Clark Door Limited from our UK base have exported doors to more than 40 countries; for a sample of the type of work we undertake please click on www.clarkdoor.com/acoustic or www.clarkdoor.com/fire We thank you for your enquiry and take pleasure in submitting our quotation for Clark doors as requested. Clark Single Multi Leaf Telescopic Power Sliding Door The door is complete with electric operator; the header and vertical casings which form the frame are bolted to the masonry wall. Clark Door has a long heritage in manufacturing and installing commercial and industrial applications. Please see our website:- www.clarkdoor.com/horizont al-sliding Duty Door designed to withstand wind load 32psf Dimensions The finished clear opening will be 28’ wide x 12’ high Variable Speed Drive System The system consists of a AC variable speed gearmotor with integral high efficiency gearbox. Featuring controlled acceleration and deceleration over the door opening and closing cycle. The controller features an encoder positioning system to ensure precise seal compression in the closed position, with automatic reset in the event of power failure CDLTM Unit F Central Kingmoor Park Carlisle Cumbria CA6 4SJ Tel : +44 (0) 1228 522321 Fax : +44 (0) 1228 401854 www.clarkdoor.com mail@clarkdoor.com The Market Leader in Special Purpose Door Systems ATTACHMENT A Clark Door Limited WPC Our Ref: Q36794 Date: 18 Oct 16 Page 2 of 4 CDLTM is the USA trading division of Clark Door Limited (a UK registered company). The Market Leader in Special Purpose Door Systems www.clarkdoor.com Controller Features 24 V extra low voltage control circuit for increased safety. Inbuilt short circuit and overload protective device. High integrity fail safe electrical design in accordance with all relevant regulations. AC operator and panel pre-wired at factory. All control panel components are UL certified or approved. We include for the door electrical cabling to be supplied in conformance with NFPA 70:2014. Finish Both door and frame will be finished in Plastisol from the standard corus range:- Insulation 3” composite of appropriate insulation infill. Features Clark galvanised duo-wedge track which permits immediate gasket clearance as the door opens. ATTACHMENT A Clark Door Limited WPC Our Ref: Q36794 Date: 18 Oct 16 Page 3 of 4 CDLTM is the USA trading division of Clark Door Limited (a UK registered company). The Market Leader in Special Purpose Door Systems www.clarkdoor.com Instant stop electric safety edge fitted to panel leading edge. Our unique sealing system uses a carefully graduated track and dual foam filled bulb seals, the combination of which gives a broad, resilient and adjustable seal, requiring only gentle pressure. The header assembly comprises of the door drive mechanism and top track. A bottom guide track will be required for each leaf. We include for the Clark variable speed drive system. Double ‘J’ Track c/w ball bearing trolley assemblies, this design ensures the door cannot be lifted from position for added security and operation safety. On larger door sizes a runway beam and trolley arrangement is used All Clark sliding doors have two vertical casings and a horizontal header. The vertical casings are tenon fitted to the morticed header providing structural support for the door. Our trained site engineers fit the face fixed header and casings in a common level plane to ensure that the door has a smooth operation and seals effectively. Operation Push Buttons The door will operate from constant contact push buttons, the control enclosure is fitted to the door frame directly below the drive system and features an interlocked isolator for direct connection of the client’s supply. Delivery Delivered to site Duty Paid (DDP Avon, CO Incoterms 2010), Point of loading Clark Door, Carlisle. NB Corporate EIN is required for DDP shipments Unloading, and distribution around site by others. Freight allowance - 1 Nr 40’ container Installation By others. We shall provide one supervisor who will instruct and support local installation operatives for up 12 days of the project to assist with the installation and commissioning of the doors. Power Supply We require a 480v 3ph 60Hz 20Amp & neutral supply to the control enclosure. ATTACHMENT A Clark Door Limited WPC Our Ref: Q36794 Date: 18 Oct 16 Page 4 of 4 CDLTM is the USA trading division of Clark Door Limited (a UK registered company). The Market Leader in Special Purpose Door Systems www.clarkdoor.com Our quotation is based on Clark Door Limited standard design detail and reflects the quantities listed, any variation in specification or quantity may alter the validity of the quotation. Door Type Size Rate per Door 10 Leaf Telescopic Bi-Parting Composite 28’ w x 12’ h $118,607 4 Leaf Telescopic Bi-Parting Composite 28’ w x 12’ h $104,403 The price quoted is net and exclusive of local fees and taxes. - in the event that local taxes are levied these would be responsibility of purchaser. Our Standard Terms of Payment are: 25% with order, 25% upon approval of design, with remainder payable at least 5 working days prior to despatch Our quotation is valid for acceptance within 30 days from the date the price is given, verbally or written. N.B. We reserve the right to update our price if £/$ exchange rate varies by more than 5% from today’s prices. If you have any further queries regarding the above, please do not hesitate to contact the undersigned. Yours sincerely, CLARK DOOR LIMITED Sean Lodge BUSINESS DEVELOPMENT MANAGER - US SALES Cell: +1 201-294-3022 sean.lodge@clarkdoor.com ATTACHMENT A Tough ‘n’ Ready For Your Challenging Environments TNR® offers rugged durability and high performance drive systems for large door sizes for: HARSH ENVIRONMENTS dirt, dust, rain, snow, temperature APPLICATIONS ideal for heavy industrial and commercial applications, sized for large equipment access DOOR IMPACT CONCERNS easily handles lift truck and heavy vehicle impacts HIGH WINDLOAD & PRESSURE DIFFERENTIAL caused by exterior wind & positive pressure work environments HDL Heavy Duty Large Doors Standard Features HDL23 HDL45 Opening Speed—Up to (inches per second)20 18 Maximum Wind Resistance—88 mph (20 psf) Type of Balancing—Counterbalance spring assembly cycle rating (,000)50 50 Reversing Edge—Pressure sensitive air-wave edge Control Panel—PLC or Relay Logic Activation—Remotes, pull cords, loop detectors Self Supporting Steel Frame—Steel Mounting Angle Warranty—Two years on parts and workmanship. Limited lifetime warranty on curtain and NEWGEN® Guide TNR® leads the way with High Performance, Rugged Roll-up Doors for large openings Big equipment needs big access openings. TNR® has the Engineering and Field Experience that assures the “Built To Your Needs” attention delivering peace of mind in applications of: heavy manufacturing, steel, pulp & paper, waste management, oil & gas and mining. TNR® Mechanical Features • 1/4” Black SBR rubber with polyester core weave. Flexible and resistant to abusive environments in temperatures from -40°F to +180°F. • Patented NEWGEN® guide and Curtain Lok™ system. Reliable and consistent door operation. No guide gap maintenance required. • Bottom bar with rubber loop. • Sleek profile with easy installation, reduced clearances & minimal maintenance. • No hinges, cables, pulleys or tension springs. • Guide mounted thru-beam photoelectric sensor. • Options: colors, windows, hoods, reversing edge, traveling windbar and MSHA-rated self-extinguishing curtains. TNR® Drive Features • High Efficiency Helical Gear Head (HG) Operator with multi-function capacity PLC Control Panel. • Door Speed: up to 20 inches per second (HDL23); up to 18 inches per second (HDL45). • Options: access controls and specialty functions. HDL Heavy Duty Large Curtain Lok™ Curtain GuideCurtain Lok™ Mounting Angle 1/4” SBR rubber curtainGuide Reversing edgeKnock-away Bottom Bar NEWGEN® Guide and Curtain Lok™ system 20’ 30’20’26’30’ HDL23 HDL23 HDL45 HDL45 SBR rubber curtain NEWGEN Guide Control panel Knock-away bottom bar Electric operator Truss Spring assembly Lintel Copyright© 2015 TNR Industrial Doors Inc. All rights reserved. All trademarks and registered trademarks are the property of their respective owners. Specifications subject to change. Canadian Patents – 2446648, 2436381, 2463208, 2737124. US Patents – 7516770, 6942003, 8291960. Toll-free 1-866-792-9968 Fax 1-705-735-9564 info@tnrdoors.com TNRdoors.com TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Meeting Date: January 24, 2017 Meeting Topic: Review and Adoption of Avon Town Council Policy for the Apple iPad or Similar Device Use by Town Council ACTION BEFORE COUNCIL: Council is asked to review and adopt a Use Policy to provide that the use of iPads is in accordance with generally accepted business practices, current laws, and consistent with the Town’s other policies. PROPOSED MOTION: “I move to adopt the Avon Town Council Policy for the Apple iPad or Similar Device Use by Town Council (with or without changes).” SUMMARY: At the December 12, 2016, Council Retreat, Council supported packets being delivered electronically to go “paperless”. The Council agreed that Council members, if he or she desires, should be provided a device to access the electronic Council packet, check Town email and search the Internet, at Town cost. At the January 10, 2017, Council meeting, a written report was included in the Council materials that recommended the purchase of Apple iPads for interested Council members, with the Town maintaining ownership of the iPads. Also offered was the purchase and installation of the “iAnnotate PDF” application, which allows Council members to make notes on the PDF packets. The written report indicated that Council would be asked to review and take action on a Use Policy to provide that the use of the iPads is in accordance with generally accepted business practices, current laws, and consistent with the Town’s other policies. Attached for review is a recommended Policy that addresses Council use of iPads or similar devices, for adoption with or without changes. The Policy is consistent with the Avon Employee Policies and Procedures for technology. RETENTION OF E-MAILS AND TEXT MESSAGES: Council should also be aware of the retention schedule policies for e-mails. Please see the attached E- Mail Policy which can be applied to text messages. In short, e-mails and text messages which do not set, adopt or interpret official Town policy are considered “non-records” under Town’s policy and “transitory” under the Colorado Municipal Retention Schedule and may be deleted as soon as no longer useful. Considering that Council members cannot set, adopt or interpret official Town policy outside of a public, open-session Council meeting where Council can take such action, most e-mails and texts should be “non-records” and “transitory”. The Colorado Municipal Records Retention Schedule addresses correspondence. 40.100. C. Transitory Value describes such correspondence as “General documentation and correspondence of extremely short-term value, including advertisements, drafts and worksheets, desk notes, copies of material circulated for informational “read only” purposes, other records, including e-mail messages, with preliminary or short-term informational value. Retention: Until material has been read.” QUESTIONS: Staff requests Council direction on the following questions: 1. Who has authority to access data on a Council member’s device? Staff recommends this is by Town Council direction or in response to a public records request as may then be required by law. 2. Please consider if one Council member texts or e-mails another Council member on a device about Town business. Is this text or e-mail public? The Town Attorney states this message constitutes a public record subject to an open records request, unless it concerns a confidential matter. 3. May all Council members view a text or e-mail between two Council members concerning a confidential matter on a Town device? The recommendation is yes, Council may request disclosure of messages between any Council members on a town owned device, whether a public record or confidential material. ATTACHMENTS: ATTACHMENT A – Avon Town Council Policy for the Apple iPad or Similar Device Use by Town Council ATTACHMENT B – E-Mail Policy, May 1, 2014 DRAFT FOR DISCUSSION PURPOSES Avon Town Council Policy for the Apple iPad or Similar Device Use by Town Council 1 I. Policy Statement Electronic communication system devices are necessary and useful business tools to be used by Town Council members to improve communication and efficiently perform their Town duties. The use of such devices will also promote environmental sustainability by reducing the amount of paper needed for the operations of the Town Council. The Town Council has authorized the distribution of Apple iPads and charger, or a similar device approved by the Town Manager, to any Council member, subject to annual budget appropriation. The intent of this policy is to provide that the use of an Apple iPad is consistent with generally accepted business practices, applicable laws, and Town policies. II. Distribution of Town-issued Apple iPads 1. Town Council members may be assigned an Apple iPad (iPad) and device charger, subject to annual budget appropriation. The iPad will be configured by the Town with annotation capabilities and will allow access to the Internet and the Town e-mail account. All applications not approved and installed by the Town are prohibited. 2. Town-issued iPads (including charger) are to be returned to the Town at the time a Town Council member leaves Town service, or at any time upon request by the Town Council for inspection or investigation. 3. If a Town-issued iPad or device charger is lost or stolen, the Town Council member shall replace the device and charger at his or her own cost. III. Use of Town-issued iPads 1. Town-issued iPads shall be used solely for the conduct of official Town business and performance of official Town Council duties. 2. Council members may not use the iPad at any time for personal communication, iTunes, FaceTime, gaming, video and editing, photos, research, personal shopping, private work, private business operations, the preparation of personal documents, or any other activity not related to the performance of official Town Council duties. 3. The use of the iPad for streaming video not related to official Town business or the performance of official Town Council duties is prohibited. This includes but is not limited to gaming, sports events, news, YouTube, social media, etc. 4. Town-issued iPads shall not be used for any campaign related activities. IV. Technical Maintenance and Support 1. Town-issued iPads may be backed up, remotely wiped, restored from a backup, or restored to factory settings, by the Town, as necessary to maintain the technical viability of the iPad and/or the Town’s network. The Town does not accept responsibility for loss of files or software lost due to a wipe and backup. DRAFT FOR DISCUSSION PURPOSES Avon Town Council Policy for the Apple iPad or Similar Device Use by Town Council 2 2. The Town may add, upgrade or remove software/information on the iPad as necessary to maintain the technical viability of the iPad and/or the Town’s network. In addition, the Town will retain access to, and ownership of, backups of the iPad content. The Apple ID and iCloud accounts used to manage the Town- issued iPads will be maintained by the Town. V. Use Monitoring 1. The Town Council reserves the right to monitor all technological devices, activity, content and deletions. Council members should have no expectation of privacy for any content, activity, or use on any technology provided by the Town of Avon. 2. Posts, comments, friend requests and notifications on social media sites may be public records under the Colorado Open Records Act. 3. The Town utilizes an email archive system which retains all incoming and outgoing emails on Town systems and may be used to recover, retrieve and search emails. Council members are permitted to access the email archive system to search and recover his or her own email messages to the extent such emails are still on the archive system in accordance with the Town’s record retention schedule. The Town has the right at all times to access, review, and monitor and disclose all incoming and outgoing email messages. 4. Colorado Open Records Act Under the Colorado Open Records Act, any email, text, cell phone record sent or received concerning official Town business, whether on a Town system or personal system, may be a public document and may be required to be produced and disclosed for public inspection in accordance with Colorado law. Retention and deletion of Town records must follow the Town’s record retention policy. 5. Privacy/Confidentiality a. Information received or transmitted by any computer or electronic communication system and data device, whether deleted or not, may be logged, recorded, or otherwise monitored and may be subject to disclosure based on the provisions of the Colorado Open Records Act. b. Colorado law and the Town Code of Ethics requires that certain information shall be treated as confidential and shall not be distributed to others inside or outside the Town who do not have authorization to view such information. Examples of confidential information include: internal investigations, information relating to litigation, negotiations, or information relating to confidential real estate negotiations. Council members shall exercise caution in sending or forwarding confidential information by email as compared to written memoranda, letters or phone calls, because of the ease with which such information can lose confidentiality by inadvertent or intentional diversion or retransmission by others. c. Questions concerning the confidentiality or retention of an electronic document or e-mail shall be referred to the Town Attorney. Page 1 of 5 Email Retention Policy: Town of Avon, Colorado Adopted May 1, 2014 Town of Avon, Colorado Email Policy Adopted: May 1, 2014 I. AUTHORITY: The Town Manager is the administrative authority issuing the Email Retention Policy (“Policy”) as stipulated under the home rule authority of the Town of Avon, pursuant to the Colorado Public (Open) Records Law, C.R.S. §24-72-201, et seq. (“CORA”) and pursuant to the Colorado Municipal Records Retention Schedule promulgated by the Colorado State Archives and adopted by the Town of Avon. CORA recognizes that electronic mail (“Email) may constitute records subject to retention under the Town’s record retention schedule and/or public records subject to public inspection. II. PURPOSE OF POLICY: The purpose of this Policy is to (1) properly implement Schedule No. 55.040 of the Colorado Municipal Retention Schedule concerning retention and destruction of Email and promote consistency, predictability and reliability in the manner in which Email documents are retained or destroyed; and (2) Notice users of the use of an Email archiving system for the implementation of the Policy. III. SCOPE: This Policy applies to all Town of Avon employees . This Policy shall apply to all Email documents, including text, voice and attachments to Email documents that are sent or received with Town equipment or sent on personal devices, such as those which may be used by elected and appointed officials. In addition, the Email policies set forth in the Town of Avon Employee Handbook also apply. IV. DEFINITIONS: Definitions found in C.R.S. §24-72-202, as amended from time to time, shall apply unless the context clearly requires a different meaning in accordance with customary usage. Other terms used in this policy shall have the following definition: A. Email shall mean a message (text or voice) that is created, stored and delivered in electronic format, including any electronic documents which are attached to such message. B. Email Archiving System shall mean the act of preserving and making searchable all email to/from an employee or official of the Town of Avon. An Email archive system captures Email content either directly from the Email application itself or during transport. The messages are kept on disk storage with searchable access to archived messages independent of the users of the system. C. Non-Record shall mean an Email that does not set, adopt or interpret official Town policy, does not enter into a binding agreement on behalf of the Town, does not constitute a receipt, and does not act as the official certification of a transaction with the Town. Generally, non-record Emails are short-lived, have no historical significance or public importance, and do not need to be retained after the Email has fulfilled its purpose. D. Record shall mean an Email which does not meet the definition of Non-Record. E. Records Retention Schedule shall mean the Colorado Municipal Records Retention Schedule as adopted by the Town and as may be amended from time to time. Intranet/Document Center/Policies & Procedures Index Page 1 of 5 04.22.2015 Page 2 of 5 Email Retention Policy: Town of Avon, Colorado Adopted May 1, 2014 V. GENERAL POLICY: Users shall use the Town of Avon’s Email system in a responsible, professional, ethical and lawful manner. Emails are generally appropriate for correspondence and transmitting electronic messages and documents. Only the Town of Avon Email system is appropriate or authorized for the transmission of Town business Email. Access and use of the system is intended for business-related purposes only. This Policy sets forth general guidelines for the use and retention of Emails. VI. PRIVACY: Users should not expect any right of privacy in the Town of Avon Email system, including electronic communication and information created or stored on the system, including e-mail messages, voice mail messages, word processing and other computer files. The Town of Avon retains the right to inspect all data files, electronic information, data created and/or communicated to and from users of the Email system. Users should be aware communication also may be subject to audit checks and security assessments. The Town Manager or designee and/or Town Attorney have the authority to monitor and/or access all Email accounts and files stored on the system. Users should not use Town equipment or Town Email accounts for personal communications unrelated to the performance of duties on behalf of the Town. All electronic files and documents originate from or passing through the Town of Avon’s systems are considered to be the property of the Town of Avon. VII. EMAIL GUIDELINES A. Use for Official Business. As stated above, Email access is restricted to official Town of Avon business. Use of Email for personal matters is prohibited. B. Authorization. Authorization of Email access must be obtained through the Information Technology Administrator or designee. Once authorization is approved, each user is responsible for the security of his or her account password and will be held responsible for any misuse of such account. C. Compliance with Laws. Users must no utilize Email to knowingly violate any state, federal or local law. All existing state, federal and local laws and Town of Avon policies apply to a user’s conduct while using the system, particularly those that govern intellectual property protection, sexual or other harassment, misuse of Town resources, privacy rights and confidentiality. VIII. EMAIL RETENTION POLICY A. Town Retention System. The Town utilizes an Email archiving system to capture all incoming and outgoing Email. The Email archiving system has the ability to provided simple and complex searches to locate user Email. A user may access his/her own individual Email accounts on the Town’s Email archiving system. As such, there is no requirement for a user to keep an Email in files or on Outlook Express at any time as a result of Email being stored on the Email archiving system, except as set forth below. B. Non-Record Emails. Non-Record Emails should deleted as soon as Email has fulfilled its purpose and no longer has any transitory value. These types of Emails generally can be deleted immediately, but in no case should be kept longer in Outlook Express longer than Intranet/Document Center/Policies & Procedures Index Page 2 of 5 04.22.2015 Page 3 of 5 Email Retention Policy: Town of Avon, Colorado Adopted May 1, 2014 fifteen (15) business days. Non-Record Emails shall be stored in the Email archiving system for two (2) years and are available to the user during that period. Examples of Non-Record Emails: The following examples of Non-Record Emails are provided as guidance: (i) Routine Email message correspondence to schedule meetings, set meeting agenda, and determine meeting participants. (ii) Drafts, notes, transmittal of inter-office memoranda that are not retained by the Town in the ordinary course of business. (iii) Routine requests for information or publications which require no administrative action, policy decision, or special compilation or research, copies of replies, and responses to requests for information or documents. (iv) Transmittal or receipt of electronic documents when (a) the electronic document is saved separately in accordance with the record retention schedule and (b) there is no need or value to document the time, date and recipient or sender of the transmitted electronic document. (v) Originating office copies of letters of transmittal that do not add any information to that contained in the transmitted material. (vi) Quasi-official notices including memorandum and other records that do not serve as the basis of official actions (i.e, holiday notices, meeting confirmations, etc.). (vii) Duplicative Emails when one Email is retained as a Record. (viii) Emails concerning personal business or non-Town official business. (ix) C. Record Emails. Employees and officials should strive to avoid taking official positions or actions via Email messages. Should an Email constitute a Record with a retention period, the Email shall be saved by the user as a Laserfiche file in accordance with Town’s Records Retention Schedule, within five (5) business days of receipt. Record Emails placed into Laserfiche shall be retained in accordance with the Town’s Record Retention Schedule. Once the Record Email has been moved into the Laserfiche file, the Email shall be deleted from Outlook Express. Record Emails shall be kept in the Email archiving system for two (2) years and are available to the user during that period. Examples of Record Emails: The following examples of Record Emails are provided as guidance: (i) Emails that evidence an official decision, interpretation or understanding of parties concerning Town business that is not otherwise documented in Town files. (ii) Emails that evidence transmittal or receipt of electronic documents when documentation of such transmittal or receipt is material to the performance of a contract or intergovernmental agreement. Intranet/Document Center/Policies & Procedures Index Page 3 of 5 04.22.2015 Page 4 of 5 Email Retention Policy: Town of Avon, Colorado Adopted May 1, 2014 (iii) Emails which evidence correspondence with third parties and the general public concerning the performance of official duties when such performance is not otherwise documented in Town files. D. Litigation Hold. The Town Record Retention Schedule and these policies are subject to “litigation holds” which shall supersede these policies. A litigation hold is issued by legal counsel for the Town when litigation is filed or threatened and is intended to provide notice to Town employees who may possess documents which are discoverable that such documents may not be destroyed, including Email stored in the Email archiving system. IX. Responsibility. Users are responsible to become familiar with this Policy and to determine if Emails constitute Records that are subject to the Records Retention Schedule. The user shall consult the Town Clerk if there is any doubt concerning the status of an Email as a Record. Users should review their Emails weekly. X. Violation of Policy. Users have read, understand and agree to comply with this Policy governing the use of the Town Email system. Any user who violates this Policy may be subject to corrective action, including but not limited to possible termination of employment, legal action and criminal liability. Adopted: Date: May 1, 2014 Virginia Egger, Town Manager Intranet/Document Center/Policies & Procedures Index Page 4 of 5 04.22.2015 Page 5 of 5 Email Retention Policy: Town of Avon, Colorado Adopted May 1, 2014 EMPLOYEE ACKNOWLEDGEMENT RECEIPT AND UNDERSTANDING OF EMAIL RETENTION POLICY I have read and understand the Email Retention Policy, effective May 1, 2014, and accept all terms and conditions. _______________________________________________ Printed Employee Name _____________________________________________ _______________________ Signature Date Original: Personnel File Copy: Signature Intranet/Document Center/Policies & Procedures Index Page 5 of 5 04.22.2015 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: January 24, 2017 Topic: Appropriation of $3,060 for the Purchase of a Town Owned iPad for Town Council Member Use from the General Fund Contingency Line Item ACTION BEFORE COUNCIL: Council is asked to transfer $3,060 from the General Fund Contingency budget to the Mayor and Town Council budget for the purchase of Apple iPads and annotation software for use by members of the Town Council. PROPOSED MOTION: “I move to approve the transfer of $3,060 from the 2017 General Fund Contingency line item to the 2017 Mayor and Town Council budget for the purchase of Apple iPads and annotation software.” SUMMARY: At the December 12, 2016, Council Retreat, Council supported packets being delivered electronically to go “paperless”. The Council agreed that Council members, if he or she desires, should be provided a device to access the electronic Council packet, check Town email and search the Internet, at Town cost. At the January 10, 2017, Council meeting, a written report was included in the Council materials that recommended the purchase of Apple iPads for interested Council members, but the Town maintains ownership of the iPads. Also offered was the purchase and installation of the “iAnnotate PDF” application, which allows Council members to make notes on the PDF packets. The following Council members have expressed interest in receiving a Town-owned device: Megan Burch, Matt Gennett, Amy Phillips, Sarah Smith Hymes and Jake Wolf. The following Council members have expressed interest in receiving the “iAnnotate PDF” application: Megan Burch, Matt Gennett, Amy Phillips, Scott Prince, Sarah Smith Hymes and Jake Wolf. The recommended device for Council use is an Apple 9.7 inch iPad Pro – 32 GB, at a price of $599.00 per device. The cost of the “iAnnotate PDF” software is $9.99 per device. Therefore, the total recommended amount for appropriation is $3,060. FINANCIAL IMPLICATIONS: The 2017 General Fund Contingency line item has a balance of $245,000. If the transfer of $3,060 is approved there will be a balance of $241,940. TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 1 1. A CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 3:35 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Amy Phillips and Megan Burch. Council members Matt Gennett, Scott Prince and Jake Wolf were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt Pielsticker, Fleet Director Rego Omerigic, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. Councilor Matt Gennett and Councilor Scott Prince arrived at 3:37 p.m. 2. APPROVAL OF AGENDA Mayor Fancher noted that the Eaglebend Housing consultant, Andrea Davis, would not be able to physically attend the meeting due to inclement weather and poor driving conditions. Council agreed to let Ms. Davis attend the meeting via Skype. Councilor Phillips asked to remove item 9.5.3 from the Consent Agenda for further discussion and clarification. Councilor Phillips also requested to add an additional sentence to the Executive Session motion to be read at the time of the Executive Session item. Mayor Fancher moved to approve the agenda with the modifications, as discussed. Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Wolf was absent. 3. PUBLIC COMMENT There were no public comments. Mayor Fancher stated the Council fully appreciates input from the public. She asked that anyone from the public that would like to speak on items on the agenda to please wait until the public comment period is open for that topic. She also requested members of the public to only speak once. 4. EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) RELATED TO SUCH REAL PROPERTY DISCUSSION 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) Mayor Fancher made a motion to go into Executive Session for the Purpose of Receiving Legal Advice under C.R.S. §24-6-402(2)(B) related to such Real Property Discussion 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). Councilor Phillips read the following additional sentence into the motion: “This is concerning potential public private partnerships for Avon affordable housing projects.” Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Wolf was absent. The time was 3:39 p.m. TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 2 Council convened into Executive Session at 3:39. Councilor Wolf arrived at 4:35 p.m. Executive Session ended at 4:41 p.m. Council reconvened into regular session at 4:47 pm 5. MAYOR’S STATEMENT REGARDING ALLEGATIONS REPORTED IN THE VAIL DAILY ARTICLE “AVON SWIM PROGRAM DRAWS CONTROVERSY” (MAYOR JENNIE FANCHER) Mayor Fancher read a prepared statement regarding allegations reported in the Vail Daily article “Avon Swim Program Draws Controversy.” Councilor Wolf stated that there a lot of people who are concerned about what occurred during the transition, as it gave off a vision of impropriety. Mayor Fancher said “Councilor Prince excused himself from every conversation.” Mayor Fancher asked John Curutchet, Director of Recreation, if Councilor Prince was involved in the hiring of the new swim team coach. John responded that he was no. He also stated that it was a lengthy and comprehensive process that started in December, 2015. Parents came forth, Councilor Prince being one of the parents, and asked for a review of the swim program. 6. WORK SESSION Start Time: 00:12:53 Part 1 6.1. REVIEW OF THE TOWN OF AVON 2017-2018 STRATEGIC PLAN (TOWN MANAGER VIRGINIA EGGER) Councilor Phillips asked what the status is in regard to the updating of the comprehensive plan. Virginia Egger, Town Manager, advised that staff is waiting on the results of this work session. After the work session, staff will get to it and identify a date for completion. Matt Pielsticker, Planning Director, advised that the Planning and Zoning Commission is currently reviewing a strike-through copy of the comprehensive plan. He estimated three more meetings with the Commission before holding a work session with the Council. The first quarter of 2017 is the goal to get it in front of Council. Councilor Phillips recommended adding the language “and adopt into the updated comprehensive plan.” She also asked about the evaluation and expansion of the heat recovery system. Mayor Pro Tem Smith Hymes expressed appreciation that the Climate Action Plan for the Eagle County Community is called out as a tier 1 priority. Mayor Pro Tem Smith Hymes recommended beefing up the language in order to make it more urgent. Also, she expressed interest in seeing specific goals of the Plan called out as priorities. Mayor Pro Tem Smith Hymes asked Council if there is any interest in exploring a sister city relationship. Consensus was that it is worth exploring and should be identified as a tier 2 priority. Finally, she said she would like to see the whitewater park fixed and activated. TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 3 Council Prince asked that the bike share program be moved from a tier 2 priority to a tier 1 priority. The majority of Council supported the move. Councilor Prince also offered a small revision to one of the bullets in the Strategic Plan to make it read more clearly. Mayor Fancher asked staff to look into the possibility of creating a rail bike system on the portion of Union Pacific’s railroad that runs through the Town of Avon. Mayor Fancher added that she liked the idea of connecting communities and would like to see a cross county track set up on the railroad tracks. Mayor Fancher emphasized the importance of tackling an initiative like a plastic bag ban. She also said she would like to see increased outreach to the business community. Councilor Burch asked if the Town has an incentive for beautification of existing structures. Virginia Egger, Town Manager, suggested expanding the language on page 5, tier 2 priorities. Councilor Burch also asked for an update on the playground project. John Curutchet, Recreation Director, advised the GOCO Grant was submitted and the Town should be notified in February if it is awarded. Councilor Burch suggested when the new website goes live that Liz Wood, Communications Manager, set up a presentation for Council. Councilor Burch also suggested more engagement with the public by Council members. Councilor Burch asked that the tier 2 priority under effective government labeled “Nottingham Road assessment” be moved to a tier 1 priority. Councilor Burch asked what the status of the I-70 under lighting changes. Justin Hildreth, Town Engineer, responded it should be happening within the next couple of weeks. Councilor Gennett commented on the comprehensive plan update, listed as a tier 1 priority. He suggested looking into alternative equivalent compliance in the development code. Councilor Gennett also suggested giving more incentives for the climate action plan and housing plan. Councilor Wolf said he would like to see a creative arts district listed as a priority in the Strategic Plan. Councilor Wolf suggested soliciting a title sponsor for the Pavilion, adding a plaque to the Pavilion, adding the Avon bus schedule to Google, resurrecting a regular Tipsy Taxi service, getting going on the pianos around town project, putting musical instruments on the Main Street Mall, making it easier for business to do business in Avon, exploring the tiny home model, fixing the sound system in Council Chambers, exploring the possibility of applying Recreation Center discounts for Eagle-Vail residents, allowing cross country skiing on the tracks, adding a learning area on the north west corner of the Nottingham Lake, reviewing an initiative to ban the use of plastic bags, updating the social media policy, implementing a “ski with elected officials day”, and maximizing all assets to reduce the burden to taxpayers. 6.2 REVIEW AND DISCUSSION OF THE DRAFT TOWN OF AVON EMPLOYEE HOUSING VISION & PHILOSOPHY (TOWN MANAGER VIRGINIA EGGER) Councilor Burch asked, “What is the Town’s priority”? Mayor Pro Tem Smith Hymes asked, “Who are we serving”? Councilor Gennett agreed that the document needs to be more clearly defined. Councilor Phillips suggested drafting a survey. Town Manager Virginia Egger suggested the TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 4 formation of a small work group of Council members and Town staff to continue discussing and developing the policy. Councilor Burch, Councilor Phillips and Mayor Pro Tem Smith Hymes volunteered to participate in the work group. Councilor Phillips requested that the work group meetings be publicly posted. 9.5.3. APPROVAL OF THE DECEMBER 13, 2016 REGULAR MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) COUNCILOR PHILLIPS ASKED FOR SEVERAL CHANGES TO THE AGENDA. Councilor Prince requested the time on page 2 item 5 be changed to 7:49 p.m. Councilor Prince suggested that tape time would be most beneficial for those viewing. Councilor Phillips suggested moving item 7.4. Councilor Prince recommended striking out who was responsible for items if they were not at the meeting. Councilor Prince moved to approve the December 13, 2016 regular meeting minutes as amended. Councilor Phillips seconded the motion and it passed unanimously by those present. 6.3.REPORT ON FINANCING OPTIONS FOR EAGLEBEND AND KAYAK CROSSING AFFORDABLE HOUSING PROGRAMS (COUNCILOR SCOTT PRINCE) Councilor Prince recused himself due to a conflict of interest. Andrea Davis, a consultant to the Town, presented financing alternatives for the Eaglebend Apartments and provided information for including Kayak Crossing in 4% Low Income Housing Tax Credit (LIHTC) issue. Ms. Davis presented the financing options remotely, via Skype. Craig Ferraro, Gerry Flynn, Tamara Underwood, Mike Brown and Jill Klosterman made comments. Mr. Flynn spoke at length about his opposition to the LIHTC proposal. He also expressed the need to preserve the valuable resources provided under state and federal housing programs to produce new affordable rentals throughout Eagle County. Councilor Gennett made a motion to move forward with the original financing option. Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Prince abstained from the vote. 6.4. REVIEW AND DIRECTION CONCERNING TERMINATION OF THE BENCHMARK PROTECTIVE COVENANTS (TOWN ATTORNEY ERIC HEIL) This item took place after the Urban Renewal Authority Meeting at 9:01 p.m. See page 5. 7. MOTION TO CONTINUE REGULAR MEETING FOR A MEETING OF THE LIQUOR LICENSING AUTHORITY AND A MEETING OF THE URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 5 8. CALL TO ORDER & ROLL CALL OF THE CONTINUED REGULAR MEETING Mayor Fancher called the meeting to order at 9:01 p.m. A roll call was taken and Council members present were Sarah Smith Hymes, Scott Prince, Jake Wolf, Matt Gennett, Amy Phillips and Megan Burch. 6.2. REVIEW AND DIRECTION CONCERNING TERMINATION OF THE BENCHMARK PROTECTIVE COVENANTS (TOWN ATTORNEY ERIC HEIL) Eric Heil, Town Attorney, recapped how this item has gotten to this point. He provided a summary of the issue and detailed a process for moving forward with consideration of terminating the Benchmark Covenants. He presented a draft version of a notice to property owners that would be mailed by the Town of Avon. Council provided direction to staff to proceed with the effort to terminate the Benchmark Covenants. Councilor Wolf said he is opposed to the direction. 7. ACTION ITEMS Start Time 00:64:11 Part Two 9.1. REVIEW AND 2017 APPOINTMENTS TO BOARD, COMMITTEE, AUTHORITY AND OTHER AGENCY APPOINTMENTS (MAYOR JENNIE FANCHER) The following changes were made to the appointments document: • Councilor Wolf as the primary representative and Councilor Phillips as the alternate representative on ECO Transit & Trails • Mayor Pro Tem Smith Hymes as the alternate representative on the Eaglebend, Kayak Crossing & Buffalo Ridge Housing Corporations Councilor Prince moved to approve the appointments to committees, boards, authorities, etc., with the amendments as discussed. Councilor Gennett seconded the motion and it passed unanimously by those present. 9.2. REVIEW AND ACTION ON THE TOWN OF AVON 2017 FREE EVENTS PROGRAM AND REQUESTED FUNDING SUPPORT (DIRECTOR OF FESTIVALS AND SPECIAL EVENTS DANITA DEMPSEY) Council reviewed and provided direction on elements of the 2017 Free Events Program, which includes $400,000 in seed funding appropriation. Council approved $8,000 in funding for an Eggroll event on April 15, 2017 and $25,000 for Wonderbound Dancing in the Park on July 31, 2017. Council opted not to support funding for Après Avon concerts. 9.3. REVIEW AND APPOINTMENT OF AD HOC SPECIAL EVENTS COMMITTEE (MAYOR JENNIE FANCHER) Councilor Gennett moved to approve the appointment of the 15 applicants to the Ad Hoc Special Events Committee for a one year term from February 1, 2017 – January 31, 2018. Councilor Wolf seconded the motion and it passed unanimously by those present. Councilor Phillips recommended the meetings be noticed as public meetings. TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 6 Councilor Wolf asked to be the liaison for the Ad Hoc Special Events Committee. Council agreed. Councilor Burch will join the committee meetings as a liaison, as time allows. 9.4. REVIEW AND ACTION ON ANY CHANGES TO THE 2017 REGULAR AND RETREAT MEETING SCHEDULE (TOWN MANAGER VIRGINIA EGGER) Mayor Fancher requested an additional meeting for February. Council agreed to add a Council meeting on Tuesday, February 28, 2017. Mayor Pro Tem Smith Hymes requested reconsideration of the March 21st Retreat date, as she will be out-of-town. Council agreed to remove the March 21st Retreat from the meeting schedule. Mayor Fancher recommended the meeting in August be held on the 22nd and not on 8th. Council agreed to the recommended change. 9.5. CONSENT AGENDA 9.5.1. APPROVAL OF RESOLUTION 17-01, DESIGNATING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 9.5.2. APPROVAL OF REQUEST TO EXPAND THE SPECIAL EVENT PRODUCTION ASSISTANT FROM A SEASONAL TO A FULL-TIME POSITION AND APPROVAL OF ADDITIONAL FUNDING FOR THE POSITION FROM THE 2017 GENERAL FUND CONTINGENCY LINE ITEM (DIRECTOR OF FESTIVALS AND SPECIAL EVENT DANITA DEMPSEY) 9.5.3. APPROVAL OF THE DECEMBER 13, 2016 REGULAR MEETING MINUTES (TOWN CLERK DEBBIE HOPPE) Councilor Phillips suggested changes to the minutes. This item took place after item 6.2, see page 4. 9.5.4. APPROVAL OF THE DECEMBER 20, 2016 SPECIAL MEETING MINUTES (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Councilor Gennett moved to approve the consent agenda minus item 9.5.3 December 13, 2016 regular meeting minutes, as they were already approved. Councilor Phillips seconded the motion and it passed unanimously by those present. 10. WRITTEN REPORTS 10.1. WINTER TRANSIT PILOT PROGRAM Councilor Phillips asked to discuss the Written Report regarding the Winter Transit Pilot Program. Councilor Phillips questioned the Program having weekend rides on Hurd Lane when Hurd Lane has two stops with regular service. TOWN OF AVON, COLORADO AVON SPECIAL MEETING MINUTES FOR TUESDAY, JANUARY 10, 2017 AVON TOWN HALL, ONE LAKE STREET Page 7 Councilor Prince stated that a larger vehicle than a six passenger van needs to be utilized for these services. Virginia Egger, Town Manager, suggested a 14 passenger sprinter van. Councilor Prince was in favor of providing Wildridge to Skier Shuttle service on Friday, Saturday and Sunday. Mayor Fancher suggested Thursday through Sunday. Consensus was reached that the Wildridge to Skier Shuttle service will initially be provided 7 days per week using a large vehicle. Service will be monitored and reduced, if needed. Councilor Gennett left the meeting at 10:35 p.m. 10.2. PURCHASE AND USE POLICY FOR TOWN COUNCIL TABLETS UPDATE 10.3. SUMMARY OF UPPER EAGLE REGIONAL WATER AUTHORITY DECEMBER 15, 2016, REGULAR BOARD MEETING 10.4. THE MOUNTAIN PACT: OUTDOOR REC ACT PRESS RELEASE 10. MAYOR & COUNCIL COMMENTS & MEETING UPDATES 11. ADJOURNMENT There being no further business to come before the Council, Mayor Fancher moved to adjourn the regular meeting. Councilor Wolf seconded the motion and it passed unanimously by those present. The time was 11:06 p.m. These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: ______________________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Sarah Smith Hymes ________________________________ Jake Wolf ________________________________ Megan Burch ________________________________ Matt Gennett ________________________________ Scott Prince ________________________________ Amy Phillips ________________________________ FISCAL YEAR 2016 FINANCIAL REPORT January 24, 2016 ______________________________________________________________________________________ 1. Fiscal Year 2016 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – November 2016 3. Real Estate Transfer Tax Report and Monthly Detail – December 2016 4. Recreation Center Admissions – December 2016 5. General Fund Year-To-Date Expenditures - December 2016 6. Fleet Maintenance Fund Year-To Date Expenditures - December 2016 7. Transit Fund Year-To Date Expenditures - December 2016 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Meeting Date: January 24, 2016 Agenda Topic: Fiscal Year 2016 Financial Report –November / December SUMMARY Revenues SALES TAX • Sales tax revenue for the month of November is up $8,248 or 1.88% compared to November 2015, and up .76% compared to the revised monthly budget. This year-over-year increase includes $9,896 from new businesses, and after adjusting for new business growth, -.38% is the loss in revenue from existing business for the month. Year to date sales tax collections are up 7.23% compared to 2015 and 5.63% compared to the revised budget. • November sales tax collections show considerable increases for the Home/Garden category at 27.42%, Accommodations at 8.03%, and Service Related businesses which increased 156.63% compared to November 2015. Miscellaneous Retail declined -28.72% for the month and, as anticipated, the Sporting Goods Retail/Rental category is down -67.12%. The decrease in existing business growth from Miscellaneous Retail can be partially attributed to the re-categorization of two entities. Home/Garden saw a large increase from new business growth related to increased compliance efforts rather than actual new businesses opening. Sales tax from Accommodations had a small jump from overall increases at the Town’s Timeshare lodges as well as increased short-term rental compliance. The increase from Service Related vendors is due to new businesses in the category combined with large monthly variances related to inconsistent revenue from interior design firms. The large decrease in the Sporting Goods category is related to the closing of Sports Authority. 2015/2016 Growth Growth Variance Existing Business New Business Home/Garden 12,909.62 26.02%1.39% Grocery, Specialty, Health 5,755.23 5.24%0.00% Liquor Stores (257.67)-1.25%0.00% Sporting Goods Retail/Rental (27,978.47)-73.07%5.95% Miscellaneous Retail (8,623.90)-28.72%0.00% Accommodations 2,864.39 1.55%6.48% Restaurants/Bars 2,020.49 0.36%2.27% Other (10,128.62)-19.33%1.28% Service Related 31,686.55 146.83%9.80% Total $8,247.62 -0.38%2.26% Category Sales Tax Monthly Totals - November 2016 ACCOMMODATIONS TAX • Accommodations tax revenue for November is up $3,242, or 9.44% compared to November 2015, and down -4.97% compared to the revised monthly budget. • November 2016 accommodations tax collections decreased -1.92% for Hotels and increased 18.56% for Timeshares and 73.98% for Vacation Rentals compared to November 2015. • A portion of the increase to November accommodations tax from Vacation Rentals can be attributed to increased compliance efforts by Finance staff. REAL ESTATE TRANSFER TAX • 2016 real estate transfer tax collections for December equal $458,295, which is a $232,432 increase compared to December 2015. • Year-to-date RETT collections are over the projected estimate at 146.30% of the 2016 annual revised budget. The total favorable variance for 2016 equals $1,065,006 • $163,630 of December RETT is from November sales at the Wyndham. A total of $557,531 in RETT has been received from the Wyndham in 2016. RECREATION CENTER ADMISSIONS • December admissions fees at the ARC total $160,312, a 42.88% increase compared to December 2015. Year-to-date admissions are 11.41% above 2015, and $56,527 over the revised annual budget. Expenditures **December Expenditure Totals are Un-Audited and NOT Final** • General Fund expenditures through December 2016 total 95.29% of the 2016 revised budget. These expenditures include the Town’s annual insurance premium, $376,816 toward signature event seed funding, and $206,732 spent for community grants. • Fleet expenditures for December are at 102.25% of the total budget. These costs include stock parts and ongoing expenditures such as regularly purchased shop supplies and monthly copier charges. • Transit funds are 96.37% expended compared to the 2016 budget. These expenditures include a $135,000 expenditure for the 2015 people mover bus purchase, as well as $219,608 for the Town’s half of the 2016 gondola operations. TOWN OF AVON SALES TAX 2016 Actual vs. Budget Budget YTD Collections Budget % of change 2011 2012 2013 2014 2015 2016 2016 Variance from 2015 January 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 765,195.68$ 751,351$ 743,689.78$ (7,661.47)$ -2.81% February 532,903.25 533,546.48 636,702.27 673,722.03 788,999.06 764,155 774,754.00 10,599.22 -1.81% March 665,532.70 643,910.29 720,267.31 793,301.96 875,499.53 892,719 945,795.71 53,076.58 8.03% April 305,269.73 304,220.84 307,407.13 381,839.56 403,560.42 410,888 438,198.18 27,310.29 8.58% May 236,424.93 270,082.79 309,938.72 340,332.28 353,840.11 364,622 404,872.55 40,250.67 14.42% June 406,828.27 430,588.57 490,329.18 538,517.31 570,424.51 588,149 693,675.00 105,525.50 21.61% July 452,873.44 472,215.40 537,479.66 570,959.86 601,516.82 636,028 690,342.23 54,314.72 14.77% August 419,977.29 455,439.86 504,332.25 547,085.80 572,647.57 603,306 593,398.26 (9,908.21) 3.62% September 391,546.49 424,793.75 475,362.88 546,016.59 595,235.68 587,249 667,949.51 80,700.92 12.22% October 299,193.35 341,711.43 356,925.96 417,921.46 423,701.53 443,994 451,303.71 7,310.12 6.51% November 301,407.41 336,060.63 362,460.94 397,935.36 438,315.55 443,203 446,563.17 3,359.79 1.88% December 921,815.61 852,868.64 981,917.79 1,221,263.98 1,159,160.45 1,239,937 Total 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,548,096.91$ 7,725,601$ 6,850,542.10$ 364,878.15$ 7.23% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 2012 2013 2014 2015 2016 Year Sales Tax Collections for November TOWN OF AVON SALES TAX 2016 Actual vs. Budget $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 2012 2013 2014 2015 2016 YTD Sales Tax Comparison January - November $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 Sales Tax Monthly Comparison 2014-2016 2014 2015 2016 TOWN OF AVON ACCOMMODATIONS TAX 2016 Actual vs. Budget Budget YTD Collections Budget % change 2011 2012 2013 2014 2015 2016 2016 Variance 2015 January 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 164,361.04$ 160,580$ 168,424.63$ 7,844.16$ 2.47% February 114,035.90 106,016.32 137,503.61 150,317.06 175,056.31 189,708 185,370.53 (4,337.22) 5.89% March 122,145.16 115,043.42 153,208.80 168,597.39 183,650.29 206,296 217,387.54 11,091.60 18.37% April 26,214.58 20,786.24 26,494.49 31,626.02 34,825.13 38,875 60,916.55 22,041.47 74.92% May 15,152.82 16,664.44 24,527.17 21,961.97 28,002.56 29,531 37,357.48 7,826.41 33.41% June 49,999.66 56,012.17 66,578.91 54,232.23 53,397.46 77,841 73,591.08 (4,250.06) 37.82% July 62,928.07 66,726.73 73,008.92 81,083.01 86,301.22 102,794 107,595.18 4,801.27 24.67% August 52,037.55 58,358.93 67,688.07 71,044.33 75,107.71 90,068 87,674.05 (2,394.13) 16.73% September 35,521.81 42,245.24 44,661.37 50,840.16 60,417.74 64,915 68,139.11 3,224.47 12.78% October 21,801.56 25,879.51 27,154.53 34,977.59 38,706.72 41,257 45,738.23 4,481.57 18.17% November 24,971.33 22,786.42 28,171.04 32,064.02 34,328.47 39,535 37,570.50 (1,964.27) 9.44% December 135,984.00 112,759.02 131,361.43 168,944.85 198,421.26 207,636 Total 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 1,132,575.91$ 1,249,036$ 1,089,764.88$ 48,365.27$ 16.66% Actual Collections $- $10,000 $20,000 $30,000 $40,000 2012 2013 2014 2015 2016 Accommodations Tax Collections for November Town of Avon Real Estate Transfer Tax 2016 Actual vs. Budget Budget YTD Collections $ Change % of Change 2011 2012 2013 2014 2015 2016 2016 2015 2015 January 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 48,640.40$ 55,099$ 64,422.00$ 15,781.60$ 32.45% February 230,705.50 41,750.07 55,872.69 562,219.70 85,479.08 203,670 200,850.86 115,371.78 134.97% March 187,099.47 84,760.49 125,927.64 50,375.06 168,744.22 128,732 265,061.65 96,317.43 57.08% April 249,482.30 219,195.80 144,437.80 197,656.36 125,266.30 195,326 159,046.06 33,779.76 26.97% May 187,668.62 270,170.12 121,784.12 183,745.60 237,971.08 208,952 184,987.10 (52,983.98)-22.26% June 49,606.58 169,040.47 90,309.74 220,009.15 294,434.84 171,821 307,127.24 12,692.40 4.31% July 46,707.37 71,057.40 386,434.78 141,051.52 396,838.68 217,455 259,977.94 (136,860.74) -34.49% August 106,785.21 232,505.93 97,579.70 154,032.32 152,380.93 155,103 186,483.40 34,102.47 22.38% September 140,876.56 96,389.34 157,010.67 267,886.92 291,223.61 198,946 321,957.68 30,734.07 10.55% October 64,005.33 176,889.62 169,839.80 178,044.24 172,855.22 158,932 641,688.59 468,833.37 271.23% November 98,057.44 150,549.86 112,491.82 122,582.66 169,328.38 136,265 315,109.37 145,780.99 86.09% December 198,448.03 145,134.57 83,382.60 1,598,062.92 225,862.90 469,699 458,294.69 232,431.79 102.91% Total 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 2,369,025.64$ 2,300,000$ 3,365,006.58$ 995,980.94$ 42.04% Budget 2,300,000.00 Variance, Favorable (Unfavorable)1,065,006.58$ Actual Collections $- $500,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.00 $3,500,000.00 $4,000,000.00 2012 2013 2014 2015 2016 YTD Real Estate Transfer Tax Collections TOWN OF AVON RECREATION CENTER ADMISSION FEES 2016 Actual vs. Budget Budget YTD Collections Budget % of change 2011 2012 2013 2014 2015 2016 2016 Variance from 2015 January 76,386$ 66,113$ 70,040$ 62,607$ 64,723$ 75,118$ 74,674$ (444)$ 15.37% February 72,997 78,782 68,578 63,838 68,506 77,955 86,342 8,387 26.04% March 78,985 62,670 72,616 77,902 81,664 82,626 76,023 (6,603) -6.91% April 59,991 49,982 64,370 61,760 55,452 64,440 67,398 2,958 21.54% May 47,368 44,880 35,064 43,119 50,067 48,735 54,337 5,602 8.53% June 49,850 49,442 46,194 55,052 58,431 57,238 58,044 806 -0.66% July 70,839 73,067 71,491 61,472 66,400 75,870 65,874 (9,996) -0.79% August 68,324 67,510 57,329 63,233 66,389 71,342 76,558 5,216 15.32% September 40,822 38,141 43,829 36,846 44,719 45,167 49,018 3,850 9.61% October 52,476 41,588 48,803 75,818 61,167 61,853 51,833 (10,020) -15.26% November 93,746 94,044 93,822 29,570 71,384 84,555 72,115 (12,441) 1.02% December 80,985 72,059 69,258 77,672 112,201 91,100 160,312 69,212 42.88% Total 792,769$ 738,277$ 741,394$ 708,889$ 801,102$ 836,000$ 892,527$ 56,527$ 11.41% $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 2012 2013 2014 2015 2016 YTD Recreation Center Admissions Dept./Div.2016 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: 111 Mayor and Town Council 191,202$ -$ 207,216$ (16,014)$ 108.38% 112 Boards and Commissions 15,299 - 12,454 2,845 81.40% 113 Town Attorney 130,000 11,851 118,657 (508) 100.39% 115 Town Clerk 129,403 6,107 131,038 (7,742) 105.98% 121 Municipal Court 124,581 - 103,039 21,542 82.71% 131 Town Manager 378,906 - 354,147 24,759 93.47% 133 Community Relations 119,841 3,590 111,027 5,224 95.64% Total General Government 1,089,232 21,548 1,037,578 30,106 97.24% Human Resources Department: 132 Human Resources 429,436 1,849 406,296 21,291 95.04% Finance & IT Department: 141 Finance 816,552 1,083 788,652 26,817 96.72% 143 Information Systems 399,254 9,379 369,586 20,289 94.92% 149 Nondepartmental 423,195 12,666 408,007 2,522 99.40% Total Finance & IT 1,639,001 23,128 1,566,245 49,628 96.97% Total General Gov't Departments 3,157,669 46,525 3,010,119 101,025 96.80% Community Development: 212 Planning 241,933 2,717 208,725 30,491 87.40% 213 Building Inspection 144,236 - 138,904 5,332 96.30% 214 Economic Development 65,600 5,113 37,107 23,380 64.36% 215 Town Produced Events 307,427 - 289,271 18,156 94.09% 216 Signature Event Seed Funding 391,130 - 376,816 14,314 96.34% 217 Community Grants 230,150 - 206,732 23,418 89.82% Total Community Development 1,380,476 7,830 1,257,555 115,091 91.66% Police Department: 311 Administration 585,521 6,856 522,129 56,536 90.34% 312 Patrol 2,361,127 26,611 2,293,902 40,614 98.28% 313 Investigations 257,707 - 251,849 5,858 97.73% Total Police 3,204,355 33,467 3,067,880 103,008 96.79% Public Works: 412 Engineering 274,830 300 263,253 11,277 95.90% 413 Roads and Bridges 1,475,221 21,502 1,353,385 100,334 93.20% 415 Parks 1,129,050 3,723 1,056,166 69,161 93.87% 418 Buildings & Facilities 1,133,168 47,034 995,412 90,722 91.99% Total Public Works 4,012,269 72,559 3,668,216 271,494 93.23% Recreation Department: 514 Administration 241,477 1,334 236,073 4,070 98.31% 515 Adult Programs 51,792 - 49,877 1,915 96.30% 516 Aquatics 444,495 2,071 431,348 11,076 97.51% 518 Fitness 132,740 - 134,913 (2,173) 101.64% 519 Guest Services 291,984 - 286,696 5,288 98.19% 521 Youth Programs 132,201 1,019 126,925 4,257 96.78% Total Recreation 1,294,689 4,424 1,265,832 24,433 98.11% TOTAL OPERATING EXPENDITURES 13,049,458$ 164,805$ 12,269,602$ 615,051 95.29% Department Expenditure Summaries General Fund December 2016 Expenditures to Date Dept./Div.2016 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,573,779$ 9,836$ 1,599,328$ (35,385)$ 102.25% Total Operating Expenditures 1,573,779 9,836 1,599,328 (35,385) 102.25% TOTAL EXPENDITURES 1,573,779$ 9,836$ 1,599,328$ (35,385)$ 102.25% Expenditure Summary Fleet Maintenance Enterprise Fund December 2016 Expenditures to Date Dept./Div.2016 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 238,357$ 14,484$ 233,518$ (9,645)$ 104.05% 432 Transit Operations 1,262,336 520 1,214,071 47,745 96.22% 435 Wash Bay 125,273 4,263 100,140 20,870 83.34% Total Operating Expenditures 1,625,966 19,267 1,547,729 58,970 96.37% TOTAL EXPENDITURES 1,625,966$ 19,267$ 1,547,729$ 58,970$ 96.37% Expenditure Summary Transit Enterprise Fund December 2016 Expenditures to Date