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TC Council Packet 05-27-2014 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 27, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET Page 1 PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM TODD GOULDING COUNCILORS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. ______________________________________________________________________________________________________________ AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) REGULAR MEETING BEGINS AT 5:15 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. RECOGNITION OF TODD GOULDING’S SERVICE AS AN AVON TOWN C OUNCILOR 4. PUBLIC COMMENT 5. ACTION ITEMS 5.1. INTERVIEW OF PLANNING AND ZONING COMMISSIONER APPLICANTS & APPOINTMENT TO COMMISSION 5.2. AVON LOGO & TAGLINE APPROVAL (ECONOMIC DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 6. WORK SESSION 6.1. STATE LIQUOR ENFORCEMENT DIVISION C OMPLIANCE CHECK UPDATE – DISCUSSION WITH ACTING DIRECTOR PATRICK M ARONEY (CHIEF ROBERT TICER) 6.2. DEVELOP AGENDA FOR MEETING WITH EAGLE COUNTY COMMISSIONERS 7. ACTION ITEMS 7.1. RESOLUTION 14-11, AMENDING THE 2014 GENERAL, WATER, TRANSIT AND AFFORDABLE HOUSING FUNDS (BUDGET A NALYST KELLY HUITT) 7.2. RESOLUTION 14-12 AMENDING THE 2014 CAPITAL PROJECTS F UND (BUDGET ANALYST KELLY HUITT) 7.3. NOTICE OF AWARD TO SITE RESOURCES MANAGEMENT FOR CONSTRUCTION OF THE E AGLE VALLEY TRAIL – BRIDGES SECTION (TOWN E NGINEER, JUSTIN HILDRETH) 7.4. CONSTRUCTION LICENSE AGREEMENT TO CONSTRUCT THE EAGLE VALLEY TRAIL, BRIDGES SECTION (TOWN ENGINEER, JUSTIN HILDRETH) 7.5. MINUTES FROM MAY 13, 2014 MEETING (TOWN CLERK DEBBIE HOPPE) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 27, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET Page 2 8. WRITTEN REPORTS 8.1. FINANCIAL REPORT 8.2. STAFF REPORT: PUBLIC EDUCATION ON USE OF RECREATIONAL MARIJUANA 8.3.VILLAGE (AT AVON) UPDATE (TOWN ATTORNEY ERIC HEIL) 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9.1. UERWA M EETING UPDATE ( MAYOR PRO TEAM TODD GOULDING) 10. COUNCIL COMMENTS 11. MAYOR REPORT AND FUTURE AGENDA ITEMS 11.1. COUNCIL VACANCY DISCUSSION 12. ADJOURNMENT FUTURE AGENDA ITEMS: JUNE 10TH: ANNUAL MEETING WITH EAGLE COUNTY COMMISSIONERS, REPORT ON WATER RESOURCES, ACTION ON WILDRIDGE SHORT TERM RENTALS DURING AWSC TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 27, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET Page 3 PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. Applicant Name: Vail Valley Charitable Fund, Inc. Event Name: Reds, Whites & Brews Event Dates: June 28, 2014; 1 pm until 7 pm Location: Nottingham Lake Field East Event Manager: Maren Cerimele 4.2. Applicant Name: Eagle Valley Humane Society Event Name: Salute to U.S.A. Event Dates: July 3, 2014; 3 pm until 10:30 pm Location: Nottingham Park & Pier Event Manager: Char Quinn 4.3. Applicant Name: BRAVO! Vail Event Name: Flamenco Fusion Event Dates: July 10, 2014; 6 pm until 8:00 pm Event Name: Traditional Irish Music Event Date: July 17, 2014; 6 pm until 8:00 pm Location: Nottingham Park Event Manager: Caitlin Murray 5. RENEWAL OF LIQUOR LICENSES 6. OTHER BUSINESS 7. MINUTES FROM MAY 13, 2014 8. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, MAY 27, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN TODD GOULDING BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, JENNIE FANCHER ALBERT "Buz" REYNOLDS, JR., JAKE WOLF TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: //WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALLAND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. Applicant Name: Vail Valley Charitable Fund, Inc. Event Name: Reds, Whites & Brews Event Dates: June 28, 2014;1 pm until 7 pm Location: Nottingham Lake Field East Event Manager: Maren Cerimele 4.2. Applicant Name: Eagle Valley Humane Society Event Name: Salute to U.S.A. Event Dates: July 3, 2014; 3 pm until 10:30 pm Location: Nottingham Park & Pier Event Manager: Char Quinn 4.3• Applicant Name: BRAVO! Vail Event Name: Flamenco Fusion Event Dates: July 10, 2014; 6 pm until 8:oo pm Event Name: Traditional Irish Music Event Date: July 17, 2014; 6 pm until 8:oo pm Location: Nottingham Park Event Manager: Caitlin Murray 5. RENEWAL OF LIQUOR LICENSES 6. OTHER BUSINESS 7. MINUTES FROM MAY 13, 2014 8. ADJOURNMENT Page 3 ttt m m: xt.t.ty r I REPORT FOR AVON LIQUOR LICENSING AUTHORITY To: Avon Liquor Licensing Authority From: Debbie Hoppe, Town Clerk Date: May 27, 2014 Agenda topic: SPECIAL EVENTS PERMIT APPLICATION — PUBLIC HEARING The Town Council serving as the Local Liquor Licensing Authority will consider a Special Events Permit Application for the upcoming Ride the Rockies Event. A public hearing is required before final action is taken. Applicant Name: Vail Valley Charitable Fund, Inc. Event Name: Reds, Whites & Brews Event Dates: June 28, 2014; 1 pm until 7 pm Location: Nottingham Lake Park Event Manager: Maren Cerimele The applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Vail Valley Charitable Fund is applying for malt, vinous, spirituous liquor permit to serve /sell beverages in Nottingham Park at the June 28th "Reds, Whites & Brews Event ". The park premise has been posted with notice of the public hearing for this application. The event manager will be present to answer question about the application. There are local liquor licensing fees associated with the special event permit; the applicant has submitted the appropriate state & local fees. Special Events permits are issued by the Liquor Enforcement Division and the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Because of their temporary nature, needs and desires reasonable requirements of the neighborhood) are not considered by the licensing authorities as a condition of issuance. Applications are made directly with the local licensing authority having jurisdictions over the place of the event. Article 48 of Title 12 regulates the issuance of special events permits. Note that these permits may only be issued for prescribed hours during the day and for not more than 15 days in any one calendar year. SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS: The applicants for the special events permit have submitted the following materials: Application for a Special Events Permits (State form DR 8439) Alcohol Management Plan Diagram where liquor will be served Certificate of Good Standing License Agreement Police Report on Background Checks Special Events Memo 2014 Reds, Whites & Brews I I P 0 g e DR 8439 (06/28/06) Department Use OnlyCOLORADO QENFORCEMENT DEPARTMENT DIVISION REVENUE APPLICATION FOR A SPECIALLIQUORENFORCEMENTDIVISION DENVER 802TREET EVENTS PERMITDENVERCO80261 303) 205 -2300 IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT AND ONE OF THE FOLLOWING (See back for details.) SOCIAL ATHLETIC PHILANTHROPIC INSTITUTION FRATERNAL CHARTERED BRANCH, LODGE OR CHAPTER n POLITICAL CANDIDATE PATRIOTIC OF A NATIONAL ORGANIZATION OR SOCIETY MUNICIPALITY OWNING ARTS POLITICAL RELIGIOUS INSTITUTION FACILITIES LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE LIQUOR PERMIT NUMBER2110MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY 2170 FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE Vail_ ra t l { q daw ri-4-.,Lb( e- f t-r-,_ State Sales Tax Number (Required) 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT stt t city/town and ZIP) include street, city/town and ZIP) include 0 . KL(„ 2- 36' 41 -ti h r TVI% mod - tt7 a r-ds, C& Co ->''a c i-1&32- D n e aZ NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES./SEC' /Y/ pOF ORG. or POLITICAL CANDIDATE cAL Me- rL Gam' I lt< ryec-&--L 5. VENT MANAG R 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? NO YES HOW MANY DAYS? ' Q d NO [:] YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? 0 Yes No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date Date Date Date Date Hours From 1 'P m. Hours From m. Hours From m. Hours From M. Hours From m. To `7 m. To m. To .m. To m. To m. OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. SIGf ATU ud kt, "'A*W TEie c"e4 h p-C— D T y/q REPORT AND A PROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LIC NSING AUTHORITY (CITY OR COUNTY) CITY TELEPHONE NUMBER OF CITY /COUNTY CLERK i " COUNTY 976 - 7q - DU SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL 750(999) instructions on Heverse Size) HO_FFMANN t)MMt.t'('IAI r ALCOHOL MANAGEMENT PLAN Submitted April 23, 2014 Event Date - June 28, 2014 THE EVENT OVERVIEW Event Overview: This will be the third annual Reds, Whites, and Brews festival held in Avon, Colorado. The event is designed to provide a daytime event where adults can gather, listen to great live music, enjoy food from local vendors, and taste a range of beers and wines in the confines of beautiful Harry A. Nottingham Park in Avon, CO. A portion of proceeds from the event will benefit the Vail Valley Charitable Fund, an organization that provides assistance to locals in medical crisis. The venue area will include a main stage, up to 8 food vendors & up to 20 retail vendors set up within the soccer field as noted on the attached map and approximately up to 60 different wine and beer vendors around the perimeter of the park where alcohol is available. The event is designed to handle up to 2,500 people. EXPERIENCE Radiate Live Events, an AlwaysMountainTime company, is the producer of this event. Radiate Live & AMT have over 9 years of experience organizing events of this size and scope with the most relevant being the Breckenridge Beer Festivals held on Ridge Street in Breckenridge, CO which draws over 3000 people each year per event. LICENSED PREMISE See attached map - perimeter outlined. ENTRANCE / EXITS There will be one entrance & exit for festival patrons located at the southeast and southeast corner of the park. Security, will -call, first aid and an information booth will be located at the southeast corner as well. All access points will be staffed by trained security with volunteer assistance. Local law enforcement will be hired to assist in the security. The amount of security will be determined prior to the event based on ticket sales and an acceptable ratio to the Town of Avon. At the entrance signs will be posted stating no alcohol out or in through the gate as well as our right to refuse service. STAFFING Staffing will be adjusted according to ticket sales. There will be three event managers and one assistant event manager that will be on site to provide general oversight of the event, and volunteer coordination. Local law enforcement will be hired to assist in parking and pedestrian traffic movement, plus at least 20 volunteers and TIPS trained pourers. EDUCATION /TRAINING Anyone pouring alcohol will be directly supervised by someone certified by a State of State of Colorado accredited program, such as TIPS or similar. We will also have on site, 4 Volunteers will have TIPS certifications and 4 event staff. Security personnel as well as officers from the Town of Avon Police Department have been thoroughly trained in Level I Alcohol Control Training. CONTROL OF THE PREMISES Secured fencing, controlled access points, well lit signage and employee education will deal with the issue of controlling the flow of alcohol on and moving off the property. During the event we will have 8 -12 security personnel positioned at the entrance points and around the perimeter. In addition, the Avon Police Department will be contracted to provide further security assistance as per their requirements. The ID checking station will be staffed with trained security personnel from Diamante Security. Brightly colored "21 +" wristbands will be applied to each patron upon inspection /approval of ID. ID checking staff will be trained to recognize false ID's and will contact an event manager to assist on questionable ID's. No one without a wristband will be served alcohol. Pourers will be trained to ID anyone that looks questionable whether or not they have a wristband. Venue wristbands will be distributed to persons that have government- issued identification that proves that they are twenty -one (21) years or older. We will request identification from anyone wanting a wristband regardless of how old they appear to be. Such wristbands will be required to consume and even hold alcohol. There will be a zero - tolerance policy for underage drinking and underage drinkers that are encountered by security personnel will be turned over to local law enforcement personnel for processing. Personnel serving alcoholic beverages have the right to refuse service to any patron. In such cases it is recommended that the patron's wristband be removed and that a black "X" is placed on the top of each hand in permanent marker to prevent the patron from attempting to get another wristband. Security personnel are also empowered to determine that a patron may not consume any more alcohol and to take the aforementioned actions. Patrons refusing to comply with the refusal of service or acting in contravention of a refusal of service may be subject to ejection from the event. Security will be positioned around the perimeter and will be patrolling the venue constantly, monitoring the customers. Security will be equipped with radios to keep in constant contact with each other, servers and management. If we deem someone has had too much to drink we will take the following steps: STOP SERVING the person, contact management, offer free food and water, determine if the patron is driving, find them a friend that can safely take care of them and /or a ride home via bus or taxi, and alert local authorities. DAYS AND HOURS OF OPERATION Alcohol will be served on Saturday, June 28 from fpm - 7pm FOOD SERVICE Up to 8 approved and licensed Eagle County food vendors will be onsite to provide meals during the events. INSURANCE Local carrier Home Loan Insurance Company (based in Grand Junction, CO) will insure our event. Proof of liability insurance is attached. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, VAIL VALLEY CHARITABLE FUND, INC. is a Nonprofit Corporation formed or registered on 09/30/1996 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19961127841. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 04/07/2014 that have been posted, and by documents delivered to this office electronically through 04/10/2014 @ 08:33:06. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 04/10/2014 @ 08:33:06 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8818371. Secretary of State of the State of Colorado End of Certificate * * * + + + * * + * * * * * * * *s * * * * * + * + + +• Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity ofa certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, IM:/ /'ivww.sos.state.co.as%biz,Certi icateSearcliCi•iteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance ofa certificate is merely optional and is not necessary to the valid and effective issuance ofa certificate. For more information, visit our Web site, http:1Avww.sos.state.co. us/ click Business Center and select "Frequently Asked Questions. " CGRT GS D Revised 081102008 Avon Police Department Liquor License Application Individual Name(s): Maren Cerimele Name of Business: Vail Valley Charitable Fund, Inc. Type of License: Hotel & Restaurant Special Event Permit Event Name: Reds, Whites & Brews Date of Event: June 28th 2014 Location of Business: Nottingham Lake Field East Avon, Colorado 81620 Date Received: 05/20/2014 Photographs /Fingerprints: On File Special Event — N/A Investigation by: Detective Sergeant Ken Dammen Detective Jeremy Holmstrom Date: 05/21/2014 CBI Criminal Investigation (attached): No Problems Local Criminal Investigation: No problems Comments: Liquor Code Violations in the past calendar year: Yes ® No If yes, explain: Smoking violation in the past calendar year: Yes ® No If yes, explain: Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this applicant. ( K r Investigation Time: 2 hours. Administration Time: 1 hour. VONC0 REPORT FOR AVON LIQUOR LICENSING AUTHORITY To: Avon Liquor Licensing Authority From: Debbie Hoppe, Town Clerk Date: May 27, 2014 Agenda topic: SPECIAL EVENTS PERMIT APPLICATION — PUBLIC HEARING The Town Council serving as the Local Liquor Licensing Authority will consider a Special Events Permit Application for the upcoming Ride the Rockies Event. A public hearing is required before final action is taken. Applicant Name: Eagle Valley Humane Society Event Name: Salute to U.S.A. Event Dates: July 3, 2014; 3 pm until 10:30 pm Location: Nottingham Park & Pier Event Manager: Char Quinn The applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. Eagle Valley Humane Society is applying for malt, vinous, spirituous liquor permit to serve /sell beverages in Nottingham Park at the July 3rd "Salute to U.S.A. Event ". The park premise has been posted with notice of the public hearing for this application. The event manager will be present to answer question about the application. There are local liquor licensing fees associated with the special event permit; the applicant has submitted the appropriate state & local fees. Special Events permits are issued by the Liquor Enforcement Division and the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Because of their temporary nature, needs and desires reasonable requirements of the neighborhood) are not considered by the licensing authorities as a condition of issuance. Applications are made directly with the local licensing authority having jurisdictions over the place of the event. Article 48 of Title 12 regulates the issuance of special events permits. Note that these permits may only be issued for prescribed hours during the day and for not more than 15 days in any one calendar year. SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS: The applicants for the special events permit have submitted the following materials: Application for a Special Events Permits (State form DR 8439) Alcohol Management Plan Diagram where liquor will be served Certificate of Good Standing Police Report on Background Checks Special Events Memo 2014 Salute to U.S.A.. i I P a g e DR 8439 (06/28/06) Department Use OnlyCOLORADODEPARTMENTOFREVENUEAPPLICATIONFORASPECIALLIQUORENFORCEMENTDIVISION 1375 SHERMAN STREET EVENTS PERMITDENVERCO60261 rams vn5_wnn IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT AND. ONE OF THE FOLLOWING (see back for details.) SOCIAL ATHLETIC PHILANTHROPIC INSTITUTION FRATERNAL CHARTERED BRANCH, LODGE OR CHAPTER POLITICAL CANDIDATE PATRIOTIC OF A NATIONAL ORGANIZATION OR SOCIETY MUNICIPALITY OWNING ARTS POLITICAL RELIGIOUS INSTITUTION FACILITIES LIAB /- TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE LIQUOR PERMIT NUMBER2110PS, MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY 2170 F—] FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAKE OF APPLICAN OR ANIZATI OR POLITICAL CANDIDATE State Sales Tax Number (Required) 2. MAILING A DRESS OF ORGAN ZATION OR POLITICAL CANDIDATE ADDRESS OF PLACE TO HAVE SPECIAL EVENT include s{ et, city /town and ZIP) include street, cityttown and ZIP) CIA J r NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. RE6.! Y OF ORG. or P LITICAL CANDIDATE n 7EVq T MANAGER V\- C 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEE 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? IS ED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? NO [:] YES HOW MANY DAYS? T<NO F] YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? es No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date 7 -aj Date Date Date Date Hours From M. Hours From m. Hours From m. Hours From m. Hours From m. To j m. To m. To m. To m. To m. OATH OF APPLICANT I declare under penalty of perjury in the second degree that l have read the foregoing application and all attachments thereto, and that all inf matron therein is true, c Erect, and complete to the best of my knowledge. SIGNATURE TITL DAB' REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The f e oing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) CITY TELEPHONE NUMBER OF CITY /COUNTY CLERK t ::.. ' F COUNTY SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL 750(999) Instructions on Reverse Size) 7 liquor plan 2014 Alcohol Management Plan This event will be held at Nottingham Lake, Avon. The Areas to include are the VIP area, and the soccer field. This area will be fenced with chain link and orange snow fence. Public entrance /exits will be at the Northeast corner, Northwest corner, and Southeast corner of the park. Vendor entrance /exit will be at the southwest corner of the park near the log cabin. There will be two beer sales tents and ID check with wrist banding located in the front of each tent. Only individuals with wristbands will be served beer and bands will be checked for each purchase. At 10pm beer sales will stop and the remaining beer will be loaded back into the beer truck. Entrance /exit will have "no alcohol beyond the point" signs posted. Also, our security team will be conducting bag /cooler checks at each entrance /exit. Security and Volunteers We will have 14 -20 paid security individuals and they will man the following positions: Entrance /Exits: The three main gates will have 3 security individuals. Beer Sales Tent: Two security individuals will be at each beer tent. VIP: One security at the entrance. Beer & ID check tent: We will have 25 volunteers, those volunteers serving beer will be TIPS trained and will only serve two beers at a time to one individual. Page 1 mil cn co 1cn k o f El j its... 1 CD 4 0 T, cD w is r o y Y Fin ` a ICI Ilk AMA NI I V4 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, EAGLE VALLEY HUMANE SOCIETY is a Nonprofit Corporation formed or registered on 06/19/1974 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19871274371. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 04/24/2014 that have been posted, and by documents delivered to this office electronically through 04/27/2014 @ 12:02:22. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 04/27/2014 @ 12:02:22 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8833670. i Secretary of State of the State of Colorado of CerClocate * *r t * *rt * * * *s * ** kr * * *s * * * * * *k* *ass k *t krt Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and e(jgctive. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, hup:11wwiv &sos.st ate. co. us/ bic/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a cerhfcate is merely optional and is not necessary to the valid and effective issuance Q a certi icate. For more information, visit our Web site, http: / /www.sos.state.co.us /click Business Center and select "Frequently Asked Questions." CERT GS D Revised 0812012008 Avon Police Department Liquor License Application Individual Name(s): William Loper Char Quinn Name of Business: Eagle Valley Humane Society Type of License: Hotel & Restaurant Special Event Permit Event Name: Salute to the USA Date of Event: 07/03/2014 Location of Business: Nottingham Park Avon, Colorado 81620 Date Received: 05/20/2014 Photographs /Fingerprints: On File Special Event — N/A Investigation by: Detective Sergeant Ken Dammen Detective Jeremy Holmstrom n Date: 05/21/2014 ) CBI Criminal Investigation (attached): No Problems Local Criminal Investigation: No problems Comments: Liquor Code Violations in the past calendar year: Yes ® No If yes, explain: Smoking violation in the past calendar year: Yes ® No If yes, explain: Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this applicant. Investigation Time: 2 hours. ( Administration Time: 1 hour. 0 VON REPORT FOR AVON LIQUOR LICENSING AUTHORITY To: Avon Liquor Licensing Authority From: Debbie Hoppe, Town Clerk Date: May 27, 2014 Agenda topic: SPECIAL EVENTS PERMIT APPLICATION — PUBLIC HEARING The Town Council serving as the Local Liquor Licensing Authority will consider a Special Events Permit Application for the upcoming Ride the Rockies Event. A public hearing is required before final action is taken. Applicant Name: BRAVO! Vail Event Name: Flamenco Fusion Event Dates: July 10, 2014; 6 pm until 8:0o pm Event Name: Traditional Irish Music Event Date: July 17, 2014; 6 pm until 8:0o pm Location: Nottingham Park Event Manager: Caitlin Murray The applicant has submitted the appropriate materials required by the State of Colorado Liquor Enforcement Division and all materials are in order. BRAVO! Vail is applying for malt, vinous, spirituous liquor permit to serve /sell beverages in Nottingham Park at the July 7th & 17th "Flamenco Fusion & Traditional Irish Music Events ". The park premise has been posted with notice of the public hearing for this application. The event manager will be present to answer question about the application. There are local liquor licensing fees associated with the special event permit; the applicant has submitted the appropriate state & local fees. Special Events permits are issued by the Liquor Enforcement Division and the Local Licensing Authority to allow particular types of organizations, municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public events. Because of their temporary nature, needs and desires reasonable requirements of the neighborhood) are not considered by the licensing authorities as a condition of issuance. Applications are made directly with the local licensing authority having jurisdictions over the place of the event. Article 48 of Title 12 regulates the issuance of special events permits. Note that these permits may only be issued for prescribed hours during the day and for not more than 15 days in any one calendar year. SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS: The applicants for the special events permit have submitted the following materials: Application for a Special Events Permits (State form DR 8439) Alcohol Management Plan Diagram where liquor will be served Certificate of Good Standing Police Report on Background Checks Special Events Memo 2014 BRAVO! Vail i I P a g e OR 8439 (06126/06) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 APPLICATION FOR A SPECIAL Department Use Only EVENTS PERMIT IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT AND ONE OF THE FOLLOWING (Sea back for details.) SOCIAL ATHLETIC PHILANTHROPIC INSTITUTION FRATERNAL CHARTERED BRANCH. LODGE OR CHAPTER POLITICAL CANDIDATE PATRIOTIC OF A NATIONAL ORGANIZATION OR SOCIETY MUNICIPALITY OWNING ARTS POLITICAL RELIGIOUS INSTITUTION FACILITIES LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: DO NOT WRITE IN THIS SPACE 2110 MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 FERMENTED MALT BEVERAGE (3 2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE J State Sales Tax Number (Required) b ) I $ ) 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE Include street, city/town and ZIP) 3, ADDRESS OF PLACE TO HAVE SPECIAL EVENT include street, ratplown and ZIP) VAiL NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES.ISECY OF ORG or POLITICAL CANDIDATE G tivug fx/ 2 S. EVENT MANAGER CM, i' eyeNC) b. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN ISSUED A SPE IAL EVENT PERMIT THIS CALENDAR YEAR? 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? NO YES HOW MANY PAYS? ! NO F YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE L.ICENSED7 Yes []No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date Date %1'/ rH Date Date Date Hours From „r lit m. Hours From r5 11-k, .m Hours From m Hours From m Hours From m TO (inm. To m. To m To m To m OATH OF APPLICANT I declare under penalty of perjury in the second degree that t have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. SIGN URE 2 TITLES rr'' ye — / 0 026 ( DA r REP1120 AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) The foregoing application has been examined and the premises, business Conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S , as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) TELEPHONE NUMBER OF CITYIC0UNT CCLERKp °CITY 1 Z ('. COUNTY % ' ) L t< r` [ , SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Account Number Liability Date State TOTAL 750(999) Instructions on Reverse Size) r, ALCOHOL MANAGEMENT PLAN NATURE OF BUSINESS The Bravo! Vail Valley Music Festival was incorporated in 1987 as a public 501 (c) 3 Colorado non- profit corporation. Since its founding, the Festival's purpose has been to stimulate and foster public interest and appreciation of the performing arts, especially music; to serve the State of Colorado and the Vail Valley community through the presentation and sponsorship of musical concerts, activities, and events of the highest international standards; to promote and assist the economic base of the Vail Valley through presentation of such concerts; and to enhance the quality of life for residents and visitors alike to the Valley. Specifically: To enhance the cultural life of the Vail Valley through the organization and presentation of classical and popular music programs at the highest international artistic level To foster the performing arts - music, dance and theater - in the Vail Valley To promote public education in the arts To provide an additional cultural dimension to the summer season that encourages part time residents to spend more time in the Vail Valley and attract summer visitors in larger numbers for longer stays thereby contributing to the cultural and economic well -being of the Vail Valley EXPERIENCE Bravo! Vail has been hosting concerts and events in the Vail Valley for 27 years. During that time, Bravo! Vail has hosted countless outdoor and free events. While the Town of Avon concerts represent a slightly new format for Bravo! Vail, the organization's history of success and lack of issues at similar events and concerts prove that the organization is capable of excelling in this situation. Furthermore, most Bravo! Vail staff members have been with the organization for multiple years, some for over a decade. These staff members have a great deal of experience at such events and will be present to assist with the set -up, execution and break down of the event to ensure it goes smoothly and according to plan. HISTORY OF EVENTS Bravo! Vail is known in the Vail Valley for bringing world -class classical music and culture to local residents and guests alike. As a non - profit organization, a great deal of Bravo! Vail's funding is derived from donations by individual donors who make significant contributions to support the festival. It follows that Bravo! Vail's audience demographic is highly- educated, sophisticated and wealthy, and numerous surveys indicate this to be accurate. Our events have no history of disruptive behavior when liquor is served. The vast majority of staff in 2014 have a tenure of multiple seasons with the festival, therefore almost all will have had experience with similar concerts and events previously. On average, the Bravo! Vail staff hosts 20 donor events each season in addition to its over 50 concerts, making its staff qualified and skilled in any event setting. LOCATION Nottingham Park's main athletic field was chosen due its central location in Avon, its beautiful aesthetics, and the desire of the Town of Avon to begin a multi - concert series in that location for years to come. This will be facilitated by the building of the permanent stage in this location. ENTRANCES /EXITS This is an open park, so guests could enter and exit from many points. Bravo! Vail will station a minimum of 4 guild members at strategic locations along the perimeter of the licensed area, and requests signage to be created and setup by the Town of Avon to assist in defining that boundary. STAFFING This event will be staffed primarily by Bravo! Vail. Elli Gauthier, Director of Operations, will be the main point of contact. Bravo! Vail's staff, production team and volunteer guild will all be on -hand to assist guests, address any issues that arise and monitor the perimeter of the licensed area. This is similar to the staff's roles at other venues including the Gerald Ford Amphitheater and Donovan Pavilion in Vail. Additionally, Gore Range Brewery will provide beer and wine sales, and James Zovluck will offer concessions. All have proper licensing from Eagle County and will provide the Town of Avon with that documentation. All individuals serving wine or beer will be TIPS Certified and have proof of said certification on at the event. EDUCATION /TRAINING Any bartender or individual handling or serving alcohol will be TIPS certified and will have proof of their certification on hand at the event. CONTROL OF THE PREMISES Bravo! Vail staff, guild and production crew will be on -site for the duration of the events. Staff will be assigned various locations within the venue and along the perimeter to monitor to make sure guests do not leave with alcohol and stay within the boundaries of the licensed area. Bravo! Vail requests that the Town of Avon provide and set up additional signage at key points along the perimeter. An announcement will also be made from stage that anyone consuming alcohol must be 21 or over, and no outside alcohol is permitted. All bartenders will be TIPS certified and will check IDs at the bar. DAYS AND HOURS OF OPERATION Two concerts will be held: Thursday, July 10 6pm — 8pm Thursday, July 17, 6pm — 8pm TYPE OF BEVERAGES Beer, wines and non - alcoholic beverages will be offered. No hard alcohol will be available. FOOD SERVICE Through Gore Range Brewery, James Zovluck, a licensed food vendor in Eagle County will provide concessions available for sale. Items may include hot dogs, hamburgers, chicken or Portobello mushroom sandwiches, ice cream and more. INSURANCE Bravo! Vail's insurance company is: Wall Street Insurance, Inc. PO Box 20 Edwards, CO 81632 A certificate of Liability Insurance naming Town of Avon as additionally insured for both concert dates in attached. F Id LF a IT IiNw,d. F Id LF a 1^ h VU i M Md r tr N OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF REGISTRATION I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, BRAVO! COLORADO AT VAIL BEAVER CREEK INC. is a Charitable Organization registered to solicit contributions in Colorado as required by the Colorado Charitable Solicitation Act, Title 6, Article 16, C.R.S. This organization has been assigned a registration number of 20063010589. The status of its registration is GOOD, and this status has been in effect since 01/11/2013. The organization's registration is or was due to be renewed by 05/15/2014. Registrations in good or delinquent status remain valid until the registration becomes suspended or revoked. An organization whose registration has been suspended is prohibited by law from soliciting contributions, providing consulting services in connection with a solicitation campaign, or conducting a solicitation campaign in Colorado. This certificate reflects facts established or disclosed by documents delivered to this office electronically through 08/09/2013. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the Great Seal of Colorado, at the City of Denver on 08 -09 -2013 10:10:16 Secretary of State of the State of Coloradi Notice: A certificate issued electronically from the Colorado Secretary of State's ivehsite is fully and immediately valid and effective. Avon Police Department Liquor License Application Individual Name(s): Caitlin Murray James Palermo Name of Business: BRAVO! Vail Type of License: Hotel & Restaurant Special Event Permit Event Name: Flameco Fusion & Traditional Irish Music Date of Event: 07/10/2014 & 07/17/2014 Location of Business Date Received Nottingham Park Avon, Colorado 81620 05/20/2014 Photographs /Fingerprints: On File Special Event — N/A Investigation by: Detective Sergeant Ken Dammen Detective Jeremy Holmstrom Date: 05/21/2014 CBI Criminal Investigation (attached): No Problems Local Criminal Investigation: No Problems Comments: lA Liquor Code Violations in the past calendar year: Yes No If yes, explain: Smoking violation in the past calendar year: Yes No If yes, explain: Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this applicant. 5 Investigation Time: 2 hours. Administration Time: 1 hour. TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, MAY 13, 2014 AVON TOWN HALL, ONE LAKE STREET ALB 05-13-2014 Minutes.docx Page 1 1. CALL TO ORDER AND ROLL CALL Mayor Carroll called the meeting to order at 5:10 pm. A roll call was taken and Council members present were Jennie Fancher, Chris Evans, Buz Reynolds, Todd Goulding. Dave Dantas and Jake Wolf were not present. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Records Administrator/Deputy Town Clerk Richelle Curran, Scott Wright Director of Finance/ Assistant Town Manager, Planning Manager Matt Pielsticker, Director of Economic Initiatives Susan Fairweather, as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT 4. SPECIAL EVENTS PERMIT 4.1. Applicant Name: Vail Valley Charitable Fund Event Name: Ride the Rockies Event Dates: June 11, 2014 Location: Nottingham Lake Event Manager: Maren Cerimele The application was presented with no concerns for the renewal application. Board member Fancher moved to approve the Vail Valley Charitable Fund Ride the Rockies Event; and Board member Reynolds seconded the motion and and it passed unanimously by those present (Councilor Dantas, and Councilor Wolf absent). 5. MINUTES FROM APRIL 22, 2014 Board member Fancher moved to approve the minutes from April 22, 2014; Board member Evans seconded the motion and it passed unanimously by those present (Councilor Dantas, and Councilor Wolf absent). There being no further business to come before the Board, the meeting adjourned at 5:15 pm. RESPECTFULLY SUBMITTED: ____________________________________ Richelle Curran, Deputy Town Clerk APPROVED: Rich Carroll ______________________________________ Dave Dantas ______________________________________ Chris Evans ______________________________________ Jennie Fancher ______________________________________ Todd Goulding ______________________________________ Albert “Buz” Reynolds ______________________________________ Jake Wolf ______________________________________ PZC Appointment May 27, 2014 Town Council Meeting Page 1 of 6 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: May 27, 2014 Regular Meeting Agenda Topic: Planning and Zoning Commission Appointment Summary At the April 22, 2014 Regular Town Council meeting, Council re-appointed three returning PZC applicants: Phil Struve, Scott Prince , and John Minervini. This left one open seat. Since that meeting the Community Development Department received two applications for the open two year term on the Avon Planning and Zoning Commission (“PZC”). Staff is recommending that Council interview the two applicants on May 27th and appoint the best qualified applicant based on recommendations in the Municipal Code with respect to background and experiences. The schedule for interviews and decision is as follows: David Baum 5:30pm Peter Sherowski 5:45pm Discussion & Appointment 6:00pm Municipal Code Requirements – Attachment A The Avon Municipal Code (‘AMC”) requires that at least five (5) members shall be registered electors of the Town at the time of their appointment. The AMC also recommends that a minimum of two (2) to three (3) industry professionals hold positions at all times, and that two (2) of these professionals be architects, landscape architects or designers. A summary of existing members’ professional backgrounds and residency status is provided below in the background information. Suggested Interview Questions Considering the variety of duties that a Commissioner is charged with as your appointed advisory body, staff recommends that you treat each interview consistently and at a minimum ask a set group of questions to each candidate, with additional follow-up or new questions being asked as the interview proceeds. Staff offers the following suggested questions: 1. Please take a few minutes to introduce yourself and share with us why you are interested in becoming an Avon Planning Commissioner? 2. Can you please go into detail with examples of land use planning, architectural or building trades, skills and capabilities which you would bring to the Commission? 3. The Strategic Plan and 2014 Work Plan include updates to the Comprehensive Plan(s) and new wildland fire regulations for landscaping. What can your experiences bring to these policy discussions? 4. What do you feel are the most challenging development growth issues facing the Town of Avon? What are your thoughts about how the Town should develop or redevelop? PZC Appointment May 27, 2014 Town Council Meeting Page 2 of 6 5. Even with the land use code, the Commission members can have different views and opinions, how do you participate in a group of various views and how do you help move to a conclusion or consensus? 6. The work of the Planning Commission, in addition to attending the two meetings per month, can include significant time in reading application materials and in working on land use plans, such as the Comprehensive Plan Update. Do you feel you have the time needed to be on the Commission? 7. Thank you for your consideration of this position. Do you have any questions for us? Background The PZC’s role is to review and recommend to the Town Council desirable or necessary modifications to the zoning ordinance, subdivision regulations, and to review and approve design review procedures and criteria as they relate to the zoning ordinance. The PZC acts as the Design Review Board of the Town and performs all duties and exercises related thereto. Comprehensive Planning and updates to long range plans is another essential function of PZC. Given the dual role in dealing with both zoning and design review authority for the Town, the Avon Municipal Code recognizes that a balance in membership is necessary between the lay community and industry professionals. The Commission currently has three industry professionals, two of which have design backgrounds. Current Members Professional Background and Residency Status Information (5/1/16 Term Expiration) Phil Struve Technology Management Resident John Minervini Business Resident Scott Prince Banking Resident (5/1/15 Term Expiration) Lindsay Hardy Architecture/Design Non-Resident Tab Bonidy Architecture/Design Resident Jim Clancy Resort/Construction Resident New Applicants David Baum Architecture/Design Non-Resident Peter Sherowski Construction/Resort Resident After consideration has been given first to industry professionals, the AMC states that Council should then consider the following criteria in descending order: 1. Registered electors of the Town shall be preferred over persons who are not registered electors. 2. Persons having special skills and experience of particular value to the Commission should be preferred over persons who do not. PZC Appointment May 27, 2014 Town Council Meeting Page 3 of 6 Applicants – Attachment B Cover letters and resumes are attached to this report for your review as Attachment B. Both of the applicants can be considered “industry professionals”, each with their own set of unique experiences in design and construction. Attachments A – Avon Municipal Code §7.12.040, Planning and Zoning Commission B – Applicant Cover Letters and Resumes PZC Appointment May 27, 2014 Town Council Meeting Page 4 of 6 Attachment A 7.12.040 Planning and Zoning Commission. (a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the Town. The purposes of the Planning and Zoning Commission (PZC) are as follows: (1) To implement the goals and policies of the Avon Comprehensive Plan; (2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its environs, that will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements; (3) To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; (4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code through design review of the exterior design of all new structures and property development and additions to all existing structures and property development. (5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting as the design review board are as follows: (i) To ensure that the architectural design of vertical structures and their materials and colors conform with the Town's overall appearance, with surrounding development if appropriate, with natural and existing landforms, with the standards identified in the Development Code and with officially approved development plans, if any, for the areas in which the structures are proposed to be located; (ii) To ensure that the location and configuration of vertical structures, including signs and signage, are contextually appropriate to their sites and with surrounding sites and structures if appropriate and that the structures and signage conform to the requirements of the Development Code; (iii) To ensure that plans for the landscaping of property and open spaces conform with the rules and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on the same site and on adjoining and nearby sites as determined by the Development Code; and (iv) To prevent excessive or unsightly grading of property that could cause disruption of natural watercourses or scar natural landforms. (b) Duties. The PZC shall have the following functions and duties: PZC Appointment May 27, 2014 Town Council Meeting Page 5 of 6 Attachment A (1) Review development applications, amendments to the Avon Comprehensive Plan and amendments to this Development Code, provide recommendations to the Town Council and render decisions as such authority is indicated in this Chapter 7.12; (2) Upon request and direction by the Council, make and recommend plans for the physical development of the Town, including any areas outside its boundaries, subject to the approval of the legislative or governing body having jurisdiction thereof; (3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which are related to the present conditions and future growth of the Town, and provide comments and recommendations thereon to the Council; and (4) Review and make recommendations to the Council about the design of proposed development, with due regard for design standards of this Development Code and other design criteria and guidelines adopted by the Town, code text amendments that address design review procedures and criteria and any design review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design standards for specific uses, types of uses, parking standards, streetscapes or other similar items. (c) Membership. The PZC shall be composed of seven (7) members appointed by the Council. (d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The composition of PZC shall strive to achieve a balance in the membership between the lay community and industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in order to efficiently and effectively perform the design review functions of the PZC. Appointments should be made first to maintain the balance between industry professionals and the lay community (it is recommended that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two [2] of these professionals be architects, landscape architects or designers). Registered electors of the Town should be preferred over persons who are not registered electors. Persons having special skills and experience of particular value to the PZC should be preferred over persons who do not. (e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence of all members, any staff member shall adjourn any meeting to a later time or date. (f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the PZC who ceases to possess the qualifications for office that the member possessed at the time of appointment may be permitted by the Council to serve until the end of the appointed term, provided that the PZC member continues to reside in the County. A member of the PZC may be removed by Council pursuant to Subsection (h), Removal from Office, below. (g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90) days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the term of the former member. PZC Appointment May 27, 2014 Town Council Meeting Page 6 of 6 Attachment A (h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of a Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing. (i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall appoint a member to serve as acting chair at the meeting. (j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a PZC member. (k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications and other material for consideration for the PZC. (l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or any amendment to the rules to the Council, which by motion shall approve the rules or amendment and direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission. The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the requirements of its rules and regulations. (m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties. (n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules for applications requiring action by the PZC. (o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next agenda is full and will likely result in an overly long meeting. (p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants, provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The consultants may be retained to advise the Commission on a single project, on a number of projects or on a continuing basis. (Ord. 10-14 §3) 1 Matt Pielsticker From:David Baum <davidb@zehren.com> Sent:Monday, May 05, 2014 5:56 PM To:Peggy Hatley Subject:Planning and Zoning Commission Member Application Attachments:Employee Application- Writable 06.2013_201306251757118701.pdf; David G Baum RA.pdf Town Council Members-    Please accept this application, resume and letter as a statement of interest in joining the Town of Avon Planning and Zoning Commission. I welcome the opportunity to be considered for this position and look forward to serving the local community.     Sincerely,    David Baum, AIA  Architect, LEED AP  _________________________________________________________    Zehren And Associates, Inc.  Architecture Planning Interiors       P.O. Box 1976 Avon, CO 81620 ph (970) 949-0257 fax (970) 949-1080 www.zehren.com davidb@zehren.com       DAVID G BAUM, AIA, LEED AP SUMMARY: A Colorado Registered Architect and LEED AP, David possess over 20 years of diverse architectural design and project management experience. At Zehren, David serves as project architect and designer for a variety of projects, including recent efforts at the Gerald R. Ford Amphitheater in Vail and Crowne Plaza Resort Changbaishan in Jilin, China. His career is also highlighted by a number of successful projects completed in the Town of Vail and other resort communities. A seasoned project leader, he is comfortable with town review processes, collaborating with project stakeholders and building consensus within the multi-disciplinary project team. LICENSURE: Registered Architect, State of Colorado, license #203588 LEED AP, Building Design & Construction, Identification #10381535 EDUCATION: Master of Business Administration May 2011 University of Colorado, Leeds School of Business Bachelor of Architecture May 1994 Kansas State University PROFESSIONAL EXPERIENCE: Zehren and Associates, Inc., Avon, CO April 2010 Architect Notable Projects:  The Gerald R. Ford Amphitheater, Phase 1 & 2, Vail, CO  The Crowne Plaza Hotel, Changbaishan, CN  The Vail Golf Club, Vail, CO  The Hyatt Regency Hotel, Changbaishan, CN VAg, Inc. Architects & Planners, Avon, CO June 2003 – May 2009 Senior Project Architect/Studio Director Notable Projects:  Fairmont Hotel at Tamarack Resort, Donnelly ID  Fairmont Residence Club at Tamarack Resort, Donnelly, ID  Wildhorse at Prospect, Mt Crested Butte, CO  Wildhorse Marketplace, Steamboat Springs, CO Fritzlen Pierce Architect, Vail, CO August 1999 – June 2003 Project Architect Notable Projects:  4166 Columbine Drive Residence, Vail CO  Fox LLC, Cordillera, Edwards, CO  Edwards Orthopedics and Sports Medicine, Edwards, CO Shaughnessy, Fickel & Scott Architects, Inc, K.C., MO June 1996 – August 1999 Intern Architect, Job Captain Notable Projects:  The Barstow School Addition and Expansion, Kansas City, MO  Fire Station No. 3, Kansas City, MO  Metropolitan Ambulance Service Trust Headquarters, Kansas City, MO  Leavenworth Justice Center, Leavenworth, KS  GSA Bannister Federal Complex, Kansas City, MO Wiedeman Architects, Inc, Kansas City MO June 1994 – June 1996 Intern Architect Notable Projects:  Marianna Kistler Beach Museum of Art, Manhattan, KS  Clubhouse, Hallbrook Golf and Country Club. Leawood , KS  Oakwood Country Club, Kansas City , MO  Sonneshein, Nath and Rosenthal, Kansas City, MO Reynolds Architect, Wichita, KS Summer 1993 Student Internship Notable Projects:  Wichita Boathouse, Wichita KS  Kansas Health Foundation, Wichita, KS PROFESSIONAL ACTIVITIES:  2013 AIA National Conference, Denver, CO  United States Green Building Council  2009 Accessibility Conference, Vail, CO  2008 ULI Developing Master Planned Communities, Washington, D.C.  2008 ULI 10th Annual Place making Conference, Denver, CO  Kansas State University Alumni Association Technical Skills:  Auto CAD  MS Office Suite(Excel, Word, PowerPoint)  PASW Statistics (Basic User)  Adobe CS5 (Photoshop, InDesign) Peter Sherowski P.O. Box 4351 2130A Long Spur Drive Avon, CO 81620 May 1, 2014 Matt Pielsticker Planning Manager Town of Avon Dear Matt: I am writing to express an interest in the open Planning Commission Position. These are exciting times for the Town of Avon with all the Projects transforming the town core. My back ground in construction management, experience in the ski industry and experience serving on various boards makes me uniquely qualified to assist the Town government build for the future. I have lived in Avon for 15 years and in the Vail Valley for 45 years. I know the Valley and its issues in- depth. I hope you will give me a chance to prove myself as an asset to the community. Included you will find my resume and references. Sincerely, Peter Sherowski 2130A Long Spur Drive P.O Box 4351 2130A Longspur Drive Avon, CO 81620 Sherowski(& ol.co PETER SHEROWSKI OBJECTIVE Avon Planning and Zoning Commission CONSTRUCTION EXPERIENCE November 2008 to November 2009 — Project Manager, Owners Representative Wintergreen Homes, Avon, CO Constructed Wild Horse 50 Unit Condominium Project October 2001 to October 2007 — General Manager, Delwest Inc. Denver, CO Responsible for construction and sales of Horseshoe Creek Village and Granby Properties, Granby, CO November 1995 to January 2000 — Special Projects Director, Vail Resorts Development Co. — Responsible for capital projects construction Previous — Sherowski Inc. - General Contractor, Residential Construction PUBLIC SERVICE 2007 to 2009 Eagles Landing Home Owners Assoc. - President 2005 to 2007 Eagles Landing Home Owners Assoc. — Vice President 2003 to 2006 Horse Shoe Creek HOA - President 1998 to 2000 Arrowhead Design Review Board — Board Member 1985 to 1999 Lake Creek Meadows Water Board - President 1985 to 1995 Lake Creek Meadows Design Review Board - President 1980 to 1985 Lake Creek Meadows Design Review Board - Member Sherowski Resume Continued EDUCATION Porter School of Engineering Design graduated 1966 PERSONAL REFERANCES 1965 to 1970 — Design Engineer New England Aerospace Companies 1970 to 1977 — Ski Instructor Vail 1977 to 1993 - Manager Golden Peak Ski School 1993 to 1995 - Manager Lionshead Ski School 2010 to Present - Ski Instructor Vail Village Health — Excellent Married 2 Children Age — 70 Weight 155 lbs. Weight 5' 11' Don Welch, Edwards, CO (970 926 3971) Former Eagle County Commissioners Bob Robinson, Eagle, CO (970 390 6145) Owner Robinson Plumbing and Heating Pat Hirn, Avon, CO (970 376 7499) Owner Hirn Builders, Board of Education Member VERTICAL CONSTRUCTION LIST Resume — Peter Sherowski, 2130A Longspur Drive, Avon, CO 81620 2007 TO 2009 — Project Manager — Wintergreen Homes Wild Horse Condominiums — 50 unit affordable housing project in Steamboat Springs. 2001 TO 2006 - General Manager - Delwest Horseshoe Creek Townhouses - Grand Elk Ski and Ranch Club in Granby Colorado. 18) 4 plexs, 18,000 square ft. total in project. High end residences on the golf course. General Manager and General Contractor overseeing all phases of project including sales. Innsbruck Homes — 6 single family homes in the Innsbruck Subdivision at the Solvista Ski Area. 12,000 total square feet. General Manager and General Contractor overseeing all phases of project including sales. Zach's Cabin — An 8,000 square foot, elite private club on Bachelor Gulch Mountain with a full service restaurant. Project Director overseeing all phases using Wietz Cohen Construction as a general contractor. Bachelor Gulch Sales Center — A 5,000 square foot sales center and sales office. Project Director using Hyder Construction as a general contractor. One Beaver Creek Place — A 30,000 square foot mixed use building at the Centennial Lift in Beaver Creek. It includes Ski School, rental shop, Starbucks, art galleries, parking structure and luxury condominiums. Owner's representative overseeing a joint venture with East West Partners. Market Square — A 30,000 square foot mixed use building in the center of Beaver Creek. It includes Ice Skating Arena, The Valar Center for the Performing Arts, Toscanini's Restaurant, retail, and a parking structure. Beaver Creek Golf Course Maintenance Facility — A 12,000 square foot maintenance facility on the Beaver Creek Golf Course. Project Director overseeing all phases of construction using Evans Mendel Allison Construction as a general contractor. Tennant Finishes — Project Director overseeing 23 tenants finishes averaging 3,500 square feet using various general contractors. Remodels — Project Director overseeing 12 remodels averaging 2,000 square feet using various general contractors. 1970 to 1995 General Contractor President and Chief Financial Officer Robinson Residence — 3,000 square foot residence in Squaw Creek. The Blanch Residence — A 4,000 square foot single family residence in the Single Tree Subdivision. The Denton Residence — A 3,800 square foot single family residence in the Eagle Vail Subdivision. Tridel Inc Duplex — A 7,500 square foot duplex on Forest Road in Vail. 0124 Polar Star Road — 2,500 square foot single family log home in Lake Creek. Remodels — 37 various remodels averaging 1,500 square feet. Pa g e 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Susan Fairweather, Director of Economic Initiatives Virginia C. Egger, Town Manager Date: May 21, 2014 Agenda Topic: Town of Avon Logo & Tagline Review and Direction Due to the absence of Councilors Dantas and Wolf, at the May 13th Council Meeting, Council continued the discussion and action on a new logo and tagline recommended by the Town’s Economic Development Work Group. The Group participated with Avon’s consultant Origin Design from the beginning of the branding effort earlier this year. Staff recommends the review and decisions regarding the new logo proceeds as follows. Consultant Danielle Kristmanson, Principal/Creative Director with Origin will be presenting via a phone connection. Members of the Economic Development Work Group will also be in attendance. 1. Reaffirm Brand Platform is a complete and correct set of guidelines for the Town’s Brand ATTACHMENT 1 This internal document was reviewed and adopted by Town Council on March 6, 2014. It is from this work that the logo and tagline were developed. A key decision is to reaffirm the Branding Platform states clearly the vision and “personality” of the Town for current and future years. 2. Review of Town of Avon Logo Process (Identity Development) ATTACHMENT 2 Danielle, with members of the Economic Development Work Group, will present the process for development of the recommended logo and tagline. Imbedded in Attachment 2 on pages 6 is a new compilation of Colorado municipal logos, with the Avon’s current and recommended logos included. During the logo review process, Pedro Campos offered a variation of the recommended logo – the addition of a snowflake. While not formally presented to all members of the Economic Development Work Group, some who saw the modified logo favored this approach, therefore, it is included in the Page 6 compilation. Page 7 exhibits the proposed new Avon logo in comparison to the existing Avon logo. 3. Decisions Regarding the Recommended Logo + Tagline Approval of Recommended Logo and/or Tagline, with or without modifications If Council decides to approve the recommended logo and tagline, staff will proceed to design and development of prioritized materials, including stationery and banners. New Logo and/or Tagline Development: Susan Fairweather will lead this discussion. If Council would prefer to abandon the recommended new logo and/or tagline and start anew, consideration of and direction on the following questions is requested: 3.1 Should the Town of Avon current logo and tagline Heart of the Valley be retained? 3.2 If not, and a new logo/tagline should be developed: 3.2.1 What is the timeframe to develop the logo/tagline – If the desire is to implement for the 2015 AWSC, then ideally the final decision will be made by the end of July. Pa g e 2 3.2.2 Would the Council like to select members of the public to work with the Council in developing a new logo/tagline? If yes, how should these individuals be selected? 3.2.3 What are the Brand Characteristics which should guide logo and/or tagline development? Staff recommends the following, which are taken from the Brand Platform: • Entrepreneurial and energetic • Optimistic and open to change • Nature loving and adventurous • Welcoming and engaging • Complimentary and connected to its resort neighbors • Progressive and ecologically aware 3.2.4 Various options are available to develop the logo/tagline: [All funds for outside consultant services have been expended.] • Retain Origin Design to continue work on the logo and/or tagline with direction. As the Origin agreement has been fulfilled, additional funding would be required. Fees would be dependent on the directed scope of work and forum with Council for developing the product, i.e., in-Avon, multi-hour work session. • In-house charette-type setting with Council – 2 to 3 hours (one or two sessions) with or Town staff producing and managing. • Open Source - Various online sites, such as Crowdspring and Design Crowd are available where graphic artists utilize the Town’s brand characteristics and develop logo/tagline. The Town then selects and provides payment only to the successful artist. There is a non-refundable posting fee of $200.00. If a logo is selected, then a fee of up to $500.00 would be paid. The participants are signed up with the online company. Local artists could be included with additional advertising locally. • Competition – This option can range from a university competition to a local advertisement. Direction to the applicants may or may not be given and the timeframe to complete a competitive process can vary widely. We look forward to the discussion. @ @ Brand Platform @ 3 Brand Character 4 Brand Essence 5 Brand Promise 6 Brand Positioning 7 Brand Voice 8-9 Brand Story 10 Brand Vision 2 Table ofContents Brand Character 3 • Entrepreneurial and energetic • Optimistic and open to change • Appreciative and proud • Nature-loving and adventurous • Comfortable and unpretentious • Welcoming and engaging • Community-minded and family-oriented • Complementary and connected to its resort neighbors • Progressive and ecologically aware 4 Brand Essence Undaunted, inclusive and dynamic 5 Brand Promise Avon is more than a mountain town. And more than a mountain destination. It is a vibrant and diverse year-round, resort community defined by its spectacular surroundings and genuine local character. 6 Brand Positioning For those seeking vibrant and inspiring Rocky Mountain experiences in a comfortable, unpretentious, small-town setting, Avon is a year- round mountain resort community and the gateway to the world- renowned Beaver Creek Resort. It is a town that connects the shared values of both its residents and visitors, creating a one-of-a-kind place to visit, work, grow a business, raise a family and play in a spectacular outdoor setting. @ @ Brand Voice • Smart yet down-to-earth • Vibrant and positive • Unpretentious and inclusive • Light-hearted and good- humored • Grateful and proud 7 8 Brand Story Avon is a Colorado mountain town with a difference. While its ranching and farming history runs deep, the town’s more recent evolution into a resort community has lent it an intangible energy. A sense of promise and potential. The type of optimism and openness to change that is reserved for the young. This is a town on a mission. A community with initiative that verges on impatience. Its energy is derived from the magical combination of a place gifted with the Rocky Mountain’s majestic beauty and pristine wilderness, and the undeniable passion of the people who are drawn to it. Fed by the adventure found on the slopes of its neighboring ski resorts, at the edges of its sparkling rivers, and in the boundless open spaces that surround the town, Avon’s residents boast a lifestyle that most only dream of. It’s a place where earnings are supplemented with commute-free mornings, powder days, million dollar views, lunch breaks taken on river walks or biking trails and an intangible small-town feel that somehow makes its residents richer. And from this collective, intangible wealth springs a vision for Avon. P. 1 9 Brand Story (continued) It is a desire to make a difference. A need to create a better place for both its people and its visitors. Avon’s vision is unifying—a focus on strengthening its businesses, retail and service offerings, but it’s also a focus on connecting its neighborhoods with its nature—bringing them all together on pathways and in gathering spaces that invite both visitors and residents to celebrate their surroundings. Avon’s reputation was built as the gateway to Beaver Creek, and its vision is a complement to this world-renowned resort that it flanks. Avon adds another dimension to the resort experience—an enriched and diverse collection of experiences that are defined by their genuine flavour, and enhanced by both Avon’s spectacular natural environment and vibrant local community. Family-inspired events and activities at Nottingham Park pair with lively bistro patios on the community’s walkways. Local artisan markets meld with major outdoor music festivals and its annual fireworks extravaganza. The Walking Mountains Science Center’s Interpretive walks networks with freshly forged mountain bike trails. And the Vail Leadership Institute’s programming draws thought leaders and taps potential from urban centers and start-up ecosystems. Each of these elements serve to unite a community and its visitors in the common desire for a vibrant, genuine, progressive experience in a true mountain town. Avon’s positioning as a gateway to Beaver Creek gives way to this vision. Residents grow roots that sprout families and community pride. Visitors no longer simply pass through, but instead linger and return again and again for the opportunity to call this place home, if only for a short time. Avon...has arrived. P. 2 @ @ Brand Platform ©Origin TOWN OF AVON IDENTITY DEVELOPMENT STEP 1: SET OBJECTIVES 2 Objectives Identity Development Objectives »Develop an identity that reflects the Avon brand in a fresh, contemporary design style that is flexible enough to work across multiple applications »Create a succinct expression of the Avon brand to accompany the identity in the form of a tagline 3 STEP 2: CONDUCTED A COMPETITIVE REVIEW 4 STEP 3: DEVELOPED THE LOGO 6 AVON LOGO Option A AVON LOGO Option B AVON LOGO Option C AVON LOGO Option D ©Origin Option C Option A Option B Option D STEP 4: PROVIDED NEW DESIGN DIRECTION 12 AVON LOGO Option A Wednesday, 2 April, 14 AVON LOGO Option C Wednesday, 2 April, 14 AVON LOGO Option D Wednesday, 2 April, 14 AVON LOGO Option B Wednesday, 2 April, 14 STEP 5: REFINED THE LOGO DESIGN 13 Logo »This modern, progressive and innovative design brings the elements of mountains and reflections into a simple word mark and graphic element. »The shapes are angular, yet feature rounded corners that make an otherwise very contemporary typeface feel approachable and friendly. »The graphic depicts a mountain reflected in Avon’s river and lake but together create an enclosure that says “community”. »The simplicity of the logo allows for the use of “Colorado” and a tagline where appropriate. »The colours include a leaf green, a water blue and a dark grey/brown that is strong, yet not as hard as pure black. 19 AVON LOGO Option 3 Colours AVON LOGO Option 2 Colours AVON LOGO Option 1 Colour Transparency AVON LOGO Option 1 Colour Plain AVON LOGO Option 1 Colour Plain White STEP 6: EXPLORED TAGLINE OPTIONS 20 Tagline Recommendations RECOMMENDATIONS: »Possibilities. They're in our nature. »Boundless possibilities. Endless beauty. »Where the Mountains Come to Life. »Inspired. »Rising to the occassion. 21 Tagline Options RE: POTENTIAL & POSSIBILITIES: »Explore the Possibilities.  »The Gateway to Possibilities. »Possibilities. They're in our nature.  »Boundless possibilities. Endless beauty. »Endless possibilities. »The possibilities are endless. 22 Tagline Options RE: RELATIONSHIP TO MOUNTAINS/BEAVER CREEK: »The Gateway to Unforgettable. »Where Journeys Begin. »Made for the Mountains. »Mountain Spirit. Sophisticated Soul. »Where the Mountains Come to Life. 23 Tagline Options RE: MOUNTAIN LIVING/COMMUNITY: »Authentic. Original. Avon. »Big mountain living. Small town spirit. RE: PROGRESSIVE: »Rising to the occassion. »Inspired. RE: DIVERSITY: »More than a mountain town. »The mountain town with more. 24 STEP 7: INTEGRATED FINAL LOGO AND TAGLINE 29 AVON LOGO & TAGLINE FINAL Endless Possibilities ©Origin MONTREAL 55 Mont-Royal Ouest #603 Montreal, QC H2T 2S6 T» 514.842.5252 WHISTLER #201-1002 Lynham Road Whistler, BC V0N 1B1 T» 604.932.8482 origindesign.ca THANK YOU TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Robert L. Ticer, Chief of Police Date: Tuesday, May 27th, 2014 Agenda topic: State Liquor Board Presentation at Liquor Authority Meeting Colorado State Liquor Enforcement Division Acting Director Patrick Maroney has accepted an invitation to present before the Avon Town Liquor Authority on May 27th, 2014. Mr. Maroney will be presenting and providing background to the Liquor Authority and community members on the Liquor Enforcement Division’s operational objectives, mission, and why they conduct compliance check operations in local jurisdictions. In 2013, State Liquor Enforcement Agents conducted multiple compliance checks in the Vail Valley, included establishments in Avon. During the operations, nine (9) Avon establishments were cited by agents for selling liquor to a person under the age of 21. Avon Town Clerk Debbie Hoppe has invited Avon Liquor License holders to this meeting as an opportunity to bring any questions/concerns/comments to the Liquor Authority and /or the State Liquor Enforcement Division. Respectfully submitted, Robert L. Ticer Chief of Police TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Virginia Egger, Town Manager Date: May 27, 2014 Agenda Topic: Agenda for Meeting with Eagle County Commissioners This item is to develop topics for an agenda when the Council meets in its annual Eagle County Commissioners- Avon Council work session scheduled for June 10th. The Commissioners have verified they plan to join Town Council, and they, too, have been asked to provide topics for discussion. Over the past several months items which have been mentioned by Council members include: • Urban Renewal Analysis – Benefits and Impacts, through a developed methodology should be worked on with the County and Vail to discern how URA projects are affecting revenues in each jurisdiction • Recreational Marijuana – Potential sharing of County taxes to offset impacts in municipalities from shops in the unincorporated areas of the County • Transit Partnerships:  Reinstating funding for the spine service to Beaver Creek Resort, which will facilitate Avon redeploying the monies to increasing Black Line Service frequency and service to Buffalo Ridge  Providing an Edwards circulator service • Eagle Valley Regional Trail – Funding for Phases 3 & 4 through Tiger VI monies, if awarded, or general funds • Top regional priorities: Trails, Airport, Transit • Wildland Fire Planning and Protection Topics decided on by the Council will be provided to the Commissioners.  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Scott Wright, Finance Director Date: May 21, 2014 Re: 2014 Supplemental Budget Amendment Resolution Nos. 2014-11 and 2014-12 Introduction In prior years it has been the practice to adopt a supplemental budget amendment in order to update beginning fund balance estimates and generally recognize revisions to the budgets that were not identified at the time the budget was originally adopted. This particular year is unusual due to the large volume of unanticipated changes and revisions due largely to personnel changes, special events and new CIP projects. Below is a summary of proposed budget revisions by fund and estimated impacts to respective fund balances. This budget amendment involves two resolutions: one for the operating funds (General, Water, Transit, and Affordable Housing), and one for the Capital Projects Fund. General Fund A large number of necessary changes to the General Fund have been accumulated since the beginning of the year, including various staffing changes, changes and additions to special events, and other unforeseen items. A summary of the changes is listed below: • Personnel Cost Savings - $299,521. Includes salary savings from Recreation Superintendent and Town Clerk positions, contracting-out of janitorial services, and reduction of part-time wages in the Engineering Department. • Appropriation of special event related costs - $128,356. Includes Flavors of Colorado event cost, Highline Phase II & III and 2015 WASC advertising. • Funding of Wildridge Fire Station – Wildland Fire Module - $61,100. • Branding and related Logo costs for design and priority products, such as stationery - $38,500. • Barracuda E-Mail Archiver - $14,688. • Holiday Lights - $30,000. • HVAC Contracts and Buildings and Facility Costs - $51,980. • Village (at Avon) Add-on Retail Sales Fee Revenues - $625,000. • Decrease in General Fund Subsidy to Transit - $82,000.  Page 2 • Delay to 2015 External Community Survey - $15,000. • Increase of $35,000 for Mikaela Shiffrin sponsorship and marketing activities. • Increase of $2,000 for a promotional video associated with Mikaela Shiffrin. • Appropriation of $40,000 from the commitment for the 2015 WASC for design and production of Après Avon. • Increase Transfers-Out to Capital Projects Fund to fund new and revised 2014 Projects - $700,000. The net result of the above changes to the current net source (use) of funds creates a current year deficit of $152,731. However, because of the large increase in the General Fund beginning fund balance of $707,109 due to the surplus in 2013, the estimated ending fund balance is $547,944 greater than originally anticipated. After making revisions to the various assignments of fund balance based upon appropriations for special events and other items, the General Fund stabilization balance, which represents funds over and above the required 25% minimum fund balance, is increased by $497,362 to a total of $615,828. Water Fund Revisions to the Water Fund include the following: • Add tap fees for Wyndham project originally budget for in 2013 but not received until 2014 - $232,000; • Add $253,535 to operating Transfers-Out for carryover of the Nottingham Lake Liner project ($139,535), the Pumphouse Pump Replacement ($100,000) and Nottingham Park Athletic Field Drainage Improvements ($14,000); • Eliminate Ditch Maintenance Contract – Complete in-house - $40,000 The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $1,604 decrease to the estimated Ending Fund Balance. Transit Enterprise Fund Revisions to the Transit Fund include the following: • Remove $82,000 subsidy from the General Fund for the 20% match on bus. Fund Balance Reserves have been accumulated for this purpose. • Reduce capital outlay for new bus from $410,000 to $120,000 to purchase a smaller bus versus the larger buses purchased in recent years. This will also reduce FTA grant funds from $328,000 to $96,000 resulting in a net cost saving to the Town of $24,000. • Add I-70 Regional Transportation Facility maintenance costs that were not included in the original budget - $11,987 • Various Personnel Savings - $13,800 • Revise Beginning Fund Balance based on audit results - $24,669  Page 3 The net result of the above changes, including revising the Beginning Fund Balance based on actual audited balances, is a net $2,482 increase to the estimated Ending Fund Balance. Affordable Housing Fund • The Affordable Housing Fund supplemental amendment recognizes the commitment made by the Town Council late last year to contribute $200,000 toward the Augustana Care Castle Peak Senior Care facility in Eagle. The original budget appropriated $50,000. This amendment revises down the estimated ending fund balance for 2014 to $513,594, which is a $150,000 decrease from the original fund balance amount of $663,594. Capital Projects Fund New projects that are being proposed not previously included in the budget include the following: • Transit Bus Stop - Traer Creek Plaza - $60,000 (50% funded by ECO); • Transit Bus Stops – City Market/Christy Sports - $125,000 (80% funded by FASTER Grant); • Nottingham Park Stage - $930,000. Design costs for the Nottingham Park stage in the amount of $70,000 were added to the 2014 Supplemental Amendment No. 1 on April 22. This project is being partially funded by Community Enhancement funds of $508,000; • Avon Road Streetlights - $200,000; • Village at Avon / Post Boulevard Landscaping Improvements - $331,000; • Village at Avon / Post Boulevard Electrical Assessment - $8,000; • West Avon Parcel Trails - $95,000 (partially funded by an Eagle County trails grant of $15,450); [May be reduced to $81,750 as a result of trail design changes] • Beaver Creek Blvd. Bike Lane (striping and signage) - $35,000; • Pumphouse Pump Replacement - $100,000 (100% Funded by Water Fund); • Avon Recreation Center Expansion Exhibits and Displays - $5,000. Sub-Total Net Impact on Fund Balance – ($1,135,550) Revised Projects • Delay Fleet Maintenance Lift Replacement - $140,000; • Increase Avon Recreation Center Showers and Pool Deck Repairs - $40,000; • Delay Nottingham Park Restrooms and Showers - $275,000; • Increase 2014 Avon Mall Improvements - $300,000; • Delay Phase 3 (Eaglebend to Stonebridge) of the Eagle Valley Trail - $900,000. Delay CDOT grant revenues earmarked for Phase 3 to 2015; • Split the Eagle Valley Bridges Project into Phases 1 & 2 and revise the cost based on bids from $725,000 to $561,000 and $522,000, respectively. Eagle County Trails grant revenues are revised upward by a net $372,000 by a proposal to move funds previously dedicated to Phase 3 to Phase 2.  Page 4 Sub-Total Net Impact on Fund Balance from Revised Projects – $334,000 Other Revisions • Reduce transfers-in from Community Enhancement Fund for delaying the Nottingham Park restrooms – $275,000; • Increase transfers-in from Water Fund for Pumphouse pump replacement ($100,000) and Nottingham Park Athletic Field Drainage Improvements ($14,000) – net $114,000; • Decrease Transfers Out to the General Fund for Engineering salaries associated with capital projects - ($39,438); • Decrease Contingency from $150,000 to $0; • Increase Transfers-In from the General Fund from $0 to $700,000 to provide adequate Ending Fund Balance Reserve. Other Fund Considerations Real Estate Transfer Tax revenues are budgeted at $1.6 million for 2014. YTD revenues through April total $895,378 or 56% of budget. It should be noted that one transaction of $490,000 was recorded in March for the sale of Chapel Place and without that one transaction, the monthly volume is averaging $101,345. Total Net Impact on Fund Balance from New and Revised Projects and Other Revisions, including $700,000 Transfer-In from 2013 General Fund Net Sources – ($196,129) The estimated Ending Fund Balance of the Capital Project Fund based on all of the changes discussed above is $1,068,745. Staff is satisfied that this is adequate reserve given the assumptions of cost and revenues above. Attachments: 1. Resolution 2014-11 2. General Fund Supplemental Amendment No. 1 3. Water Fund Supplemental Amendment No. 1 4. Affordable Housing Fund Supplemental Amendment No. 1 5. Transit Enterprise Fund Supplemental Amendment No.1 6. Resolution 2014-12 7. Capital Projects Fund Supplemental Amendment No. 2 Town of Avon Resolution No. 14-11 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 14-11 SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2014 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2014 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2014; and WHEREAS, the Town Council finds it necessary to amend the 2014 budget to more accurately reflect the revenues and expenditures for 2014; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2014: Original or Previously Amended 2014 Budget Current Proposed Amended 2014 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,146,139 12,642,863 12,636,429 $ 4,853,248 13,242,295 13,395,026 Ending Fund Balance $ 4,152,573 $ 4,700,517 Town of Avon Resolution No. 14-11 Page 2 of 2 Original or Previously Amended 2014 Budget Current Proposed Amended 2014 Budget Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 774,870 165,000 193,797 $ 754,558 397,000 407,089 Ending Fund Balance $ 746,073 $ 744,469 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 709,854 3,740 50,000 $ 709,854 3,740 200,000 Ending Fund Balance $ 663,594 $ 513,594 Transit Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 536,063 1,634,883 1,697,892 $ 560,732 1,320,883 1,406,079 Ending Fund Balance $ 473,054 $ 475,536 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 27th day of May, 2014. TOWN OF AVON, COLORADO ______________________________ Richard Carroll, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk/Municipal Court Clerk Page 1 Fund Summary Original or Proposed Prev. Amend.Revised Difference Actual Budget Budget Increase 2013 2014 2014 (Decrease) REVENUES Taxes 9,590,230$ 9,513,185$ 10,138,185$ 625,000$ Licenses and Permits 336,548 172,500 172,500 - Intergovernmental 905,213 964,199 964,199 - Charges for Services 1,321,078 1,312,576 1,326,446 13,870 Fines and Forfeitures 104,736 110,275 110,275 - Investment Earnings 5,413 15,000 15,000 - Other Revenue 309,085 308,569 308,569 - Total Operating Revenues 12,572,303 12,396,304 13,035,174 638,870 Other Sources Capital Lease Proceeds 26,367 - - - Sales of Capital Assets 1,151 - - - Transfer-In From Capital Projects Fund 201,006 246,559 207,121 (39,438) Total Other Sources 228,524 246,559 207,121 (39,438) TOTAL REVENUES 12,800,827$ 12,642,863$ 13,242,295$ 599,432$ EXPENDITURES General Government 2,593,954$ 2,861,174$ 2,999,824$ 138,650$ Community Development 536,483 500,193 484,448 (15,745) Public Safety 2,539,475 2,716,008 2,739,674 23,666 Public Works 1,571,764 1,704,052 1,597,224 (106,828) Parks and Recreation 3,328,177 3,678,002 3,791,356 113,354 Total Operating Expenditures 10,569,853 11,459,429 11,612,526 153,097 Contingency - 75,000 62,500 (12,500) Other Uses Transfers-Out to Town Center West Fund 15,000 45,000 45,000 - Transfers-Out to Capital Projects Fund - - 700,000 700,000 Transfers-Out to Transit 776,000 907,000 825,000 (82,000) Transfers-Out to Fleet Maintenance 150,000 150,000 150,000 - Total Other Uses 941,000 1,102,000 1,720,000 618,000 TOTAL EXPENDITURES 11,510,853 12,636,429 13,395,026 758,597 NET SOURCE (USE) OF FUNDS 1,289,974 6,434 (152,731) (159,165) FUND BALANCES, Beginning of Year 3,563,274 4,146,139 4,853,248 707,109 FUND BALANCES, End of Year 4,853,248$ 4,152,573$ 4,700,517$ 547,944$ FUND BALANCES: Nonspendable 7,442$ -$ -$ - Restricted For: 3% TABOR Emergency Reserve 476,619 450,000 476,619 26,619 Assigned For: Special Events - 225,000 101,614 (123,386) 2015 World Alpine Ski Championships - 200,000 157,700 (42,300) Unassigned: 25% Minimum Reserve Balance 2,877,713 3,159,107 3,348,757 189,650 Stabilitzation Balance 1,491,474 118,466 615,828 497,362 TOTAL FUND BALANCES 4,853,248$ 4,152,573$ 4,700,517$ 547,944$ General Fund #10 Supplemental Amendment No. 1 Page 1 Fund Summary Original or Proposed Prev. Amend.Revised Difference Actual Budget Budget Increase 2013 2014 2014 (Decrease) REVENUES Charges for Services: Water Surcharges 149,021$ 145,000$ 145,000$ -$ Tap Fees 57,797 20,000 252,000 232,000 Tap Fees - Mountain Star 28,366 - - - Total Charges for Services 235,184 165,000 397,000 232,000 Other Revenues Nonclassified Revenues - - - - TOTAL REVENUES 235,184$ 165,000$ 397,000$ 232,000$ EXPENDITURES Water Utilities 110,774 193,797 153,554 (40,243) Total Operating Expenditures 110,774 193,797 153,554 (40,243) Other Uses Transfers Out - Capital Projects Fund 1,150,488 - 253,535 253,535 TOTAL EXPENDITURES 1,261,262 193,797 407,089 213,292 NET SOURCE (USE) OF FUNDS (1,026,078) (28,797) (10,089) 18,708 FUND BALANCES, Beginning of Year 1,780,636 774,870 754,558 (20,312) FUND BALANCES, End of Year 754,558$ 746,073$ 744,469$ (1,604)$ FUND BALANCES: Restricted For: Water Projects 754,558$ 146,073$ 144,469$ (1,604)$ Assigned For: Mountain Star Water Tank Contribution - 600,000 600,000 - TOTAL FUND BALANCES 754,558$ 746,073$ 744,469$ (1,604)$ Water Fund #24 Supplemental Amendment No. 1 Page 1 Fund Summary Original or Proposed Prev. Amend.Revised Difference Actual Budget Budget (Increase) 2013 2014 2014 Decrease REVENUES Investment Earnings 1,389$ 1,311$ 1,311$ -$ Other Revenue: Nonclassified Revenues 137,727 2,429 2,429 - Total Operating Revenues 139,116 3,740 3,740 - Other Sources Transfers In - General Fund - - - - Total Other Sources - - - - TOTAL REVENUES 139,116 3,740 3,740 - EXPENDITURES General Government: Affordable Housing 1,700 50,000 200,000 150,000 Total Operating Expenditures 1,700 50,000 200,000 150,000 TOTAL EXPENDITURES 1,700 50,000 200,000 150,000 NET SOURCE (USE) OF FUNDS 137,416 (46,260) (196,260) (150,000) FUND BALANCES, Beginning of Year 572,438 709,854 709,854 - FUND BALANCES, End of Year 709,854$ 663,594$ 513,594$ (150,000)$ Affordable Housing Fund #25 Supplemental Amendment No. 1 Page 1 Fund Summary Original or Proposed Prev. Amend.Revised Difference Actual Budget Budget Increase 2013 2014 2014 (Decrease) REVENUES Taxes 40,375$ 39,999$ 39,999$ -$ Intergovernmental 90,494 328,000 96,000 (232,000) Charges for Services 94,884 312,252 312,252 - Other Revenues 8,903 47,632 47,632 - Total Operating Revenues 234,656 727,883 495,883 (232,000) Other Sources Transfers In from General Fund - Operating 776,000 825,000 825,000 - Transfers In from General Fund - Capital - 82,000 - (82,000) Total Other Sources 776,000 907,000 825,000 (82,000) TOTAL REVENUES 1,010,656 1,634,883 1,320,883 (314,000) EXPENDITURES Administration 54,793 205,485 219,197 13,712 Operations 1,017,464 1,286,737 998,124 (288,613) Washbay - 205,670 188,758 (16,912) TOTAL EXPENDITURES 1,072,257 1,697,892 1,406,079 (291,813) NET SOURCE (USE) OF FUNDS (61,601) (63,009) (85,196) (22,187) FUND BALANCES, Beginning of Year 622,333 536,063 560,732 24,669 FUND BALANCES, End of Year 560,732$ 473,054$ 475,536$ 2,482$ Transit Enterprise Fund #52 Supplemental Amendment No.1 Town of Avon Resolution No. 14-11 Page 1 of 2 TOWN OF AVON, COLORADO RESOLUTION NO. 14-12 SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2014 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2014 Capital Projects Fund budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2014; and WHEREAS, the Town Council finds it necessary to amend the 2014 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2014; and WHEREAS, the Town Council has caused to be published a notice containing the date and time of a public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office of the Town Clerk located in the Avon Town Hall during normal business hours, and that any interested elector of the Town of Avon may file any objection to the proposed budget amendment at any time prior to the final adoption of the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund are revised as follows for 2014: Town of Avon Resolution No. 14-11 Page 2 of 2 Original or Previously Amended 2014 Budget Current Proposed Amended 2014 Budget Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 3,624,653 4,509,200 6,868,979 $ 3,624,653 5,395,633 7,951,541 Ending Fund Balance $ 1,264,874 $ 1,068,745 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget as hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 27th day of May, 2014. TOWN OF AVON, COLORADO ______________________________ Richard Carroll, Mayor ATTEST: _____________________________ Debbie Hoppe Town Clerk/Municipal Court Clerk Page 1 Fund Summary Original or Proposed Prev. Amended Revised Difference Actual Budget Budget Increase 2013 2014 2014 (Decrease) REVENUES Taxes 1,574,502$ 1,600,000$ 1,600,000$ -$ Intergovernmental 7,419,767 1,346,894 1,210,344 (136,550) Investment Earnings 11,595 9,003 9,003 - Other Revenue 528 1,500 1,500 - Total Revenues 9,006,392 2,957,397 2,820,847 (136,550) Other Sources: Transfer In from Other Funds 1,150,488 1,551,803 2,574,786 1,022,983 Total Other Sources 1,150,488 1,551,803 2,574,786 1,022,983 TOTAL REVENUES AND OTHER SOURCES 10,156,880 4,509,200 5,395,633 886,433 EXPENDITURES Capital Improvements: Facilities 8,885,980 568,290 1,583,290 1,015,000 Land and Land Improvements 1,043,943 415,000 140,000 (275,000) Roads and Streets 633,623 4,348,760 4,775,760 427,000 Water Fund Projects 1,150,488 139,535 239,535 100,000 Communications and Technology 85,581 135,000 135,000 - Strategic Planning 3,500 - 5,000 5,000 Debt Service - Capital Leases - 153,006 153,006 - Total Expenditures 11,803,115 5,759,591 7,031,591 1,272,000 Contingency - 150,000 - (150,000) Other Uses Operating Transfer-Out - General Fund 201,006 246,559 207,121 (39,438) Operating Transfer-Out - Debt Service Fund 714,666 712,829 712,829 - Total Other Uses 915,672 959,388 919,950 (39,438) TOTAL EXPENDITURES AND OTHER USES 12,718,787 6,868,979 7,951,541 1,082,562 NET SOURCE (USE) OF FUNDS (2,561,907) (2,359,779) (2,555,908) (196,129) FUND BALANCE, Beginning of Year 6,186,560 3,624,653 3,624,653 - FUND BALANCE, End of Year 3,624,653$ 1,264,874$ 1,068,745$ (196,129)$ Capital Projects Fund #41 Supplemental Amendment No. 2 Page 2 Revenue Detail Original or Proposed Prev. Amended Revised Difference Account Actual Budget Budget Increase Number Description 2013 2014 2014 (Decrease) Taxes: 51401 Real Estate Transfer Tax 1,574,502$ 1,600,000$ 1,600,000$ -$ Intergovernmental: Federal / State: 53150 FTA 90 SGR Grant 6,311,171 44,894 44,894 - 53152 FTA / CDOT ARRA Grant 523,000 - - - 53205 CDOT FASTER Grant 585,596 - 100,000 100,000 53202 GOCO Grant - Eagle Valley Trail - Phase 1 - 497,000 498,000 1,000 53202 CDOT Grant - Eagle Valley Trail - Phase 3 - 655,000 - (655,000) Local Government / Other: 53402 ECO Grant - Traer Creek Bus Stop - - 30,000 30,000 53402 Eagle County Trails Grant - Phase 2 - 150,000 522,000 372,000 53402 Eagle County Trails Grant - Saddleridge Trail - - 15,450 15,450 53000 Total Intergovernmental 7,419,767 1,346,894 1,210,344 (136,550) Investment Earnings: 57101 Interest Earnings 11,595 9,003 9,003 - Other Revenues: 58104 Fireplace Fees - 1,500 1,500 - 58999 Nonclassifed 528 - - - 58000 Total Other Revenues 528 1,500 1,500 - Other Sources: 59201 Transfer In from General Fund - - 700,000 700,000 59201 Transfer In from Avon URA (2014 Mall Improvements)- 700,000 700,000 - 59201 Transfer In from Community Enhancement Fund - 275,000 508,000 233,000 59201 Transfer In from Facilities Reserve Fund - 413,251 413,251 - 59201 Transfer In from Water Fund 1,150,488 163,552 253,535 89,983 59000 Total Other Sources 1,150,488 1,551,803 2,574,786 1,022,983 50000 TOTAL REVENUES 10,156,880$ 4,509,200$ 5,395,633$ 886,433$ Capital Projects Fund #41 Supplemental Amendment No. 2 Page 3 (1)(2)(3)(4)(1+2+4) Proposed Revised 2012 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2013 2014 2014 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Facilities: General Government Facilities: 11010 IT Server Room HVAC Upgrades -$ 14,830$ -$ -$ 14,830$ 15,000$ 15,000$ -$ Completed - 2013 I70 Transit / PW Facilities Improvement Project: 13005 Public Works Facilities (On Site & Lot 5)405,609 171,693 142,172 142,172 719,474 719,474 719,474 - To Be Completed - 2014 13008 Final Design / Engineering Services (Grant #90)678,370 178,963 - - 857,333 1,093,112 1,093,112 - Completed - 2013 13009 Transit Facility Construction (Grant #90)1,325,508 7,162,093 56,118 56,118 8,543,719 8,281,888 8,281,888 - To Be Completed - 2014 13010 Transit Facility Construction (FASTER Grant)575,560 674,440 - - 1,250,000 1,370,880 1,370,880 - Completed - 2013 13011 Transit Facility Construction (ARRA Grant)- 524,183 - - 524,183 523,000 523,000 - Completed - 2013 Transportation Facilities: 14005 Fuel Spill Cleanup 84,915 1,178 - - 86,093 89,912 89,912 - Completed - 2013 14006 Avon Station / Lot 61 Encroachment - 799 - - 799 - - - Completed - 2013 Transit Bus Stop - I-70 RTF - 8,471 - - 8,471 - - - Completed - 2013 Transit Bus Stops - Christy Sports/City Market - - - 125,000 125,000 - 125,000 125,000 New Project Transit Bus Stop - Traer Creek Plaza - - - 60,000 60,000 - 60,000 60,000 New Project 14008 Fleet Maintenance Lift Replacement - - 140,000 - - 140,000 140,000 - Project Delayed Cultural and Recreational Facilities: 15008 Rec. Center EPDM Replacement - 149,330 - - 149,330 149,680 149,680 - Completed - 2013 15009 Rec. Center Showers and Pool Deck - - 60,000 100,000 100,000 60,000 100,000 40,000 New Project 15010 Rec. Center Water Slide Replacement - - 100,000 100,000 100,000 100,000 100,000 - New Project Nottingham Park Stage - Design - - 70,000 70,000 70,000 70,000 70,000 - New Project Nottingham Park Stage - Construction - - - 930,000 930,000 - 930,000 930,000 New Project Land and Land Improvements: 21009 Forest Service Land Acquisition 29,371 1,001,800 - - 1,031,171 1,031,171 1,031,171 - Completed - 2013 21015 Nottingham Park Capital Improvements - 2013 Program - 42,143 - - 42,143 85,000 85,000 - Completed - 2013 21016 Nottingham Park Zone C Improvements - Playground De - - 70,000 70,000 70,000 70,000 70,000 - New Project 21017 Nottingham Park Remodel Restrooms - - 275,000 - - 275,000 275,000 - Project Delayed Nottingham Park Athletic Field Drainage Improvements - - 70,000 70,000 70,000 70,000 70,000 - New Project Project Expenditures Total Project Budget CIP Projects Inventory Project Status Capital Projects Fund #41 Supplemental Amendment No.2 Page 4 (1)(2)(3)(4)(1+2+4) Proposed Revised 2012 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2013 2014 2014 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Project Status Capital Projects Fund #41 Supplemental Amendment No.2 Roads and Streets: Streetscape Improvements 31014 Avon Rd. Streetscape Update - - 200,000 200,000 200,000 200,000 200,000 - New Project Avon Rd. Streetlights - - - 200,000 200,000 - 200,000 200,000 New Project 32014 Avon Road Upper Bridge Façade - 104,295 - - - 98,107 98,107 - Completed - 2013 Post Blvd. Landscaping Improvements - - - 331,000 - - 331,000 331,000 New Project Post Blvd. Electrical Assessment and Street Lights - - - 8,000 - - 8,000 8,000 New Project Street Improvements 31015 2014 Mall Improvements - - 1,600,000 1,900,000 1,900,000 1,600,000 1,900,000 300,000 New Project 32013 Stonebridge Deck Repair and Overlay - - - - - 50,000 50,000 - Completed - 2013 Avon Rd. Monument Sign - - 100,000 100,000 100,000 100,000 100,000 - New Project 32015 US Hwy 6 Shoulder Widening Contribution - - 50,000 50,000 50,000 50,000 50,000 - New Project Annual Street Maintenance: 33013 2013 Paving/Road Improvements - 495,016 - - 495,016 471,533 471,533 - Completed - 2013 33014 2014 Paving/Road Improvements - - 763,760 763,760 763,760 763,760 763,760 - To Be Completed - 2014 Multi-Modal/Alternative Mobility: Eagle Valley Trails: Phase 3 - - 900,000 - - 1,800,000 2,800,000 1,000,000 To Be Completed - 2015 Eagle Valley Trails: US Hwy 6 - Undergrounding - - - - - 100,000 100,000 - To Be Completed - 2015 Eagle Valley Trails: Phase 1 - - 725,000 561,000 561,000 725,000 561,000 (164,000) To Be Completed - 2014 Eagle Valley Trails: Phase 2 - - - 522,000 522,000 - 522,000 522,000 To Be Completed - 2014 34018 Beaver Creek Point Trail Improvements - - - - - 30,000 30,000 - To Be Completed - 2014 Beaver Creek Point Trailhead Parking - 34,312 - - 34,312 - - - Completed - 2013 34020 West Avon Parcel Access Improvements - - 10,000 10,000 10,000 10,000 10,000 - New Project West Avon Parcel Trails - - - 95,000 95,000 - 95,000 95,000 New Project B/C Blvd. Bike Lanes - - - 35,000 35,000 - 35,000 35,000 New Project Water Fund Projects: 61010 Nottingham Lake Liner Replacement 9,977 1,150,488 139,535 139,535 1,300,000 1,300,000 1,300,000 - To Be Completed - 2014 Pump House Pump Replacement - - - 100,000 100,000 - 100,000 100,000 New Project Page 5 (1)(2)(3)(4)(1+2+4) Proposed Revised 2012 and Current Revised Estimated Difference Account Prior Actual Budget Budget Project-to-Date Increase Number Description Actuals 2013 2014 2014 Expenditures Current Proposed (Decrease) CAPITAL IMPROVEMENT PROJECTS Project Expenditures Total Project Budget CIP Projects Inventory Project Status Capital Projects Fund #41 Supplemental Amendment No.2 Strategic Planning: 79108 Feasibility Study - TCW Lots B & C - 3,500 - - 3,500 - - - Completed - 2013 Recreation Center Expansion: Exhibits and Displays - - - 5,000 5,000 - 5,000 5,000 New Project Communications and Technology: 81005 Paperless Packets - 22,441 - - 22,441 26,950 26,950 - Completed - 2013 81006 UHF Radio System and Repeater - 32,380 - - 32,380 34,800 34,800 - Completed - 2013 81007 Security Camera System - 30,760 - - 30,760 30,515 30,515 - Completed - 2013 81008 Digital Ticketing - - 60,000 60,000 60,000 60,000 60,000 - To Be Completed - 2014 81009 CityVision Budgeting Software System - - 40,000 40,000 40,000 40,000 40,000 - To Be Completed - 2014 81010 Timekeeping Software and Peripheral Devices - - 35,000 35,000 35,000 35,000 35,000 - To Be Completed - 2014 Total Capital Improvement Projects 3,109,310$ 11,803,115$ 5,606,585$ 6,878,585$ 21,347,715$ 21,669,782$ 25,256,782$ 3,587,000$ TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, P.E., Town Engineer Date: May 22, 2014 Re: Authorization to Issue Notice of Award for Eagle Valley Trail, Bridges Section PROJECT SUMMARY: Four segments, in Avon, of the Eagle Valley Trail are yet to be completed. These segments will complete the Trail from Eagle-Vail through Edwards. All segments have been designed. The estimated cost for each segment and funding sources committed to date are as follows: ECO Regional Trail Segment Estimated Cost & Funding Sources Phase 1 (2014) $561,000 Avon Road to US 6 Includes bridge across the Eagle River Funding: GOCO Grant $498,000 Town Match $63,000 Phase 2 $522,000 Avon Road along US6 to Beaver Creek Includes Bridge over Beaver Creek Funding: Eagle County/ECO Trails Tax $522,000 Phase 3 & 4 (2015 &TBD) $2,200,000 -2,800,000 Beaver Creek to Eaglebend Apartment Complex Driveway (2015) Eaglebend Apartment Complex Driveway to Stonebridge Drive (TBD) Funding: CDOT $655,000 Eagle County/ECO Trails Tax $51,000 Funding Sub-total $706,000 Balance Needed $1,494,000 - 2,094,000 Eagle Valley Trail, Bridges Section May 22, 2014 Page 2 of 3 Phases 1 & 2 will construct an 8 to 10 FT wide asphalt paved trail from its current terminus at the southeast corner of Avon Road and Hurd Lane traveling south over the Eagle River to US6 and then east along the north side of US6, crossing over Beaver Creek and continuing another 148 FT east of Beaver Creek. Phases 3 & 4 will connect to the Eagle Valley Trail at Stonebridge Drive. Phase 1 &2 Description: The total cost for Phases 1 and 2 equals $1,083,000, with detail provided below. The project was advertised for (3) weeks, with the bid opening held on April 22, 2014. Three bids were received and the low bidder was Site Resource Management with a base bid of $809,803.50. Two pedestrian bridges, which are being procured directly by the Town, were not included in the bid, but will be installed by Site Resources Management. Their bid includes all construction costs in the tables below and retaining wall costs for Phase 2. Phase 1 work is anticipated to begin June 12th and will take approximately 60 days to complete. The Eagle River Bridge was previously ordered and is scheduled to be delivered the week of July 7th. The installation of the bridge will require the placement of cranes for a day on Avon Road, necessitating lane closers. Outreach to citizens, businesses, and emergency services will be coordinated by staff and Site Resources Management to minimize impacts to the community. The detailed budget is as follows: Phase 1 Construction Budget Construction Cost $ 366,975.50 Bridge Cost $ 147,960.00 Total Construction Cost $ 514,932.50 5% Contingency $ 25,746.63 Engineering and Testing Fees $ 25,000.00 Total Budget $ 560,679.13 The first phase is funded by a $498,000 Great Outdoors Colorado Grant and the Town’s required 15% grant match, and includes a 128 FT bridge over the Eagle River and extending the trail south to US6. Phase 2 work is also planned for this summer and includes a 48 FT bridge over Beaver Creek and the trail from Avon Road to 148 FT east of the new Beaver Creek Bridge. A redesign of the expensive retaining wall for US 6 is currently being evaluated in order to reduce project costs. As designed, the construction of the retaining wall east of Beaver Creek is now estimated to cost $194,600. The Engineer’s Opinion of Probable Cost Estimate to construct the wall was $87,600, for an unexpected cost increase difference of $116,800. Staff is currently working with property owner Vail Resorts and the contractor to redesign grading and reduce the amount of retaining wall for a more cost effective retaining wall design. These changes may reduce the cost by 30% to 50%. This redesign requires approval by the property owners: Vail Resorts and the Colorado Department of Transportation. Should these Eagle Valley Trail, Bridges Section May 22, 2014 Page 3 of 3 approvals not be completed in time for Phase 2 to be completed this summer, the project will be delayed until 2015. The detailed budget is as follows: Phase 2 Construction Budget Construction Cost $ 248,231.00 Retaining Wall Cost $ 194,600.00 Bridge Cost $ 41,500.00 Total Construction Cost $ 484,300.00 5% Contingency $ 24,216.50 Engineering and Testing Fees $ 25,000.00 Total Budget $ 533,516.50 Funding for Phase 2 has been requested from ECO Trails. ECO Trails has reserved $573,000 for the Eagle Valley Trail segments in Avon. A request to the County for advancing monies of $522,000 from the reserve into 2014, so that Phase 2 can be completed, has received a positive response from County representatives. An amendment to the Town-County IGA is required. The balance of ECO funds ($51,000) will be applied to Phases 3 & 4. Phases 3 and 4 Phase 3 of the project will extend the trail from Beaver Creek to the Eaglebend Apartment Complex’s driveway. Phase 4 of the project will connect the trail from the Eaglebend Apartment Complex’s driveway to Stonebridge Drive. The current estimate for these two phases ranges from $2.2M to $2.8M. The Colorado Department of Transportation has already awarded the Town a $655,000 grant to help fund construction of these trail segments. Phase 3 is scheduled to be constructed next year and Phase 4 will be constructed once adequate funding is obtained. Future Phases 3 and 4 will connect the trail to Stonebridge Drive where ECO Trails is extending the trail from the east this summer. RECOMMENDED MOTION: Staff requests Council authorization to award the Eagle Valley Trail - Bridges Section Notice of Award to the low bidder Site Resources Management, in the amount of $809,803.50, with the following conditions: 1) That Phase 2 will not proceed until changes to the grading and retaining walls are approved by CDOT and Vail Resorts, 2) The Notice state that any cost savings from redesign of the Phase 2 retaining wall will reduce the contractor’s fees; and 3) The ECO Trails/Eagle County-Town of Avon IGA be amended to advance $522,000 from Phases 3 and 4 to Phase 2. The notice allows the Town Manager or designee to sign the contractor’s agreement, subject to Town Attorney review. TOWN COUNCIL REPORT T o: Honorable Mayor Rich Carroll and Avon Town Council From: Justin Hildreth, P.E., Town Engineer Date: May 22, 2014 Re: Construction License Agreement with Vail Resorts for Eagle Valley Trail SUMMARY: Vail Resorts owns the property at the northeast corner of Avon Road and US 6, which is adjacent to Phases 1 and 2 of Eagle Valley Trail proposed to be constructed this year. Vail Resorts has agreed to allow the Town and its contractor to stage on their property without charge during the summer to facilitate construction. The attached Construction License Agreement provides the mechanism that allows the contractor to stage on the property. Construction staging includes parking of vehicles, equipment, and storage of materials required during construction. The Agreement has been reviewed and approved for content by Eric Heil, Town Attorney. In addition to this Agreement, a Deed of Easement will be required for Phase 2 of the Eagle Valley Trail project. The Deed is currently being negotiated and will be presented to Town Council in June for approval. RECOMMENDED MOTION: Staff requests Council approve the Construction License Agreement with Vail Resorts. Attachment A Construction License Agreement with Vail Resorts ATTACHMENT A CONSTRUCTION LICENSE AGREEMENT This Construction License Agreement (this "Agreement"), made to be effective the _____ day of __________________, 20____, is by and between THE VAIL CORPORATION, a Colorado corporation ("Vail"), whose address is 390 Interlocken Crescent, Broomfield, Colorado 80021 and the TOWN OF AVON, a Colorado home rule municipal corporation (“Town”), whose address is P.O. Box 975, Avon, Colorado 81620. RECITALS A. Vail is the owner of certain real property located within the Town of Avon, Eagle County, Colorado, identified as Lot 1, Eagle River at Avon, located on the southeast corner of Highway 6 and Avon Road (the “Vail Property”); and B. Town desires to construct recreation path improvements to the Eagle River Trail, located along the perimeter of the Vail Property, as generally shown on Exhibit A, attached hereto and made part hereof, including all underground, surface and streetscape appurtenances (the “Improvements”). C. The Town requests and Vail agrees to enter into a construction license agreement on the Vail Property, subject to and based upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Vail and the Town agree as follows: 1. License. Subject to the terms and conditions of this Agreement, Vail hereby grants to the Town a temporary non-exclusive construction license (the "License") to enter upon the Vail Property for the construction and activities related to completion of those portions of the Improvements located on or immediately contiguous to the Vail Property. 2. Term. This License shall commence on ____________________ and shall automatically terminate on November 1, 2014 (the “Term”), unless sooner terminated as provided herein. The Term may be extended solely upon written consent from Vail, at Vail’s sole and absolute discretion 3. Obligations of TOA. In consideration of receiving the License, the Town agrees to comply, at its sole cost and expense, with the obligations as follows: a. The Improvements shall be constructed in accordance with the plans and specifications provided to Vail and as generally shown in Exhibit A. b. Maintenance of the Vail Property shall be free from accumulation of waste materials, rubbish and the like caused by the Town’s operations on the Vail Property, including, without limitation, appropriate control of the stormwater or sediment run off as may ATTACHMENT A be reasonably directed by Vail. c. Performance of any and all activities necessitated by any petroleum product or other discharge by the Town, including without limitation, clean up of such discharge according to all rules and regulations of any federal, state or local governmental authority. The Town further agrees to immediately notify Vail in the event of any substance discharge necessitating activity hereunder. d. To the extent applicable, obtaining approval required by all regulatory authorities prior to the commencement of the Term related to the Improvements upon the Vail Property, including any municipal or quasi- municipal body or any local, state, federal or local governmental agency or authority, which controls or may control the activities undertaken by the Town under this Agreement on the Vail Property. 4. Default. If Town fails to perform in accordance with the terms, covenants and conditions of this Agreement or is otherwise in breach or default of any of the terms, covenants and conditions of this Agreement (in any case a “default”), then Vail, after giving ten (10) days’ prior written notice to the Town of the alleged default and upon the Town’s failure to cure such default within said 10-day period (provided that no such cure period shall be allowed for any failure of timely vacation under the vacation provisions above; for any breach of the Town’s insurance obligations described herein; for any failure to secure a timely release of a lien as described herein; or for any default that is not reasonably susceptible of cure or poses an imminent material risk to Vail’s interests, as determined by Vail in its ordinary business judgment): a. Vail, at its election and without obligation to do so, may take such action and expend such sums as Vail in its ordinary business judgment may deem necessary or appropriate to cure the subject default, in whole or in part, or to protect the interests of Vail. All sums, including attorneys’ fees, incurred by Vail in connection with the consideration or exercise of this remedy shall be due and payable from the Town to Vail within ten (10) days after demand from time to time; b. Vail may suspend the rights granted herein, in whole or in part, and subject to such conditions and qualifications as Vail may impose; and c. Vail may terminate this Agreement, whereupon the permission granted to the Town herein shall also terminate, except as necessary to allow the Town to perform and discharge its obligations attendant to vacation in accordance with the provisions above. Any default by the Town that is not cured within any applicable cure period established above may be enforced by any or all of the foregoing remedies in favor of Vail, and any other remedies available to Vail at law or equity or by statute (including an action for dispossession or ejectment in the case of any termination of this Agreement), and all such rights and remedies shall be cumulative with and non-exclusive of one another, and may be exercised concurrently or successively as Vail may elect. No exercise of any one remedy shall constitute or be construed as an election to the bar of any other remedy. In connection with any exercise or pursuit of its remedies under this Agreement, whether or not legal proceedings actually be commenced, Vail ATTACHMENT A shall be entitled to recover from the Town any and all attorneys’ fees and court costs that Vail may incur in connection therewith. Any damages or sums owing to Vail under this Agreement shall bear interest until paid at an annual rate of eight percent (8%), which interest shall become part of the amount owed. 5. Compliance with Law/Safety Program. The Town warrants that it will comply with all applicable laws, ordinances, rules and regulations having jurisdiction over the Vail Property. The Town shall be responsible for its own safety program and compliance with applicable Occupational Safety and Health Act regulations. 6. Rules and Regulations. All rules and regulations in effect on the Vail Property or access thereto regarding passes, lists of employees, safety and conduct on the Vail Property shall be strictly observed by the Town, its contractors and subcontractors. 7. Insurance. To the extent permitted by law, at all times during the term of this Agreement, the Town and all of its contractors and subcontractors shall carry and maintain, in full force and effect, at their sole cost and expense, the following insurance policies with insurance companies satisfactory to Vail. Such policies shall include a provision requiring a minimum of thirty (30) days' notice to Vail of any change or cancellation. Vail shall be named as additional insured as its respective interests may appear on the policies listed in Subparagraphs a. and b. below. a. Comprehensive general liability insurance in an occurrence format in an amount of $1,000,000 per occurrence, including the following coverages: contractual liability, personal injury, broad form property damage, independent contractors and property operations. b. Comprehensive automobile liability insurance on all vehicles used in connection with this Agreement, in an amount of $500,000 combined single limits for bodily injury and property damage, per occurrence. c. Workers' Compensation Act of the State of Colorado for all its employees accessing the Vail Property. The Town will cause sole proprietors who are excluded under the Act to carry Workers' Compensation insurance. 8. Delegation/Assignment. The Town shall not delegate its duties under this Agreement or assign this Agreement without the prior written consent of Vail, which consent shall be at Vail’s sole and absolute discretion. 9. Costs. The Town shall be solely responsible for all costs and expenses related to construction on the Vail Property and all building permit or other fees applicable to same, and Vail shall have no obligation to share in same with the Town. 10. Indemnification. To the extent permitted by law, the Town hereby covenants and agrees to indemnify, defend and hold harmless Vail and their respective employees, officers, directors and affiliates of and from any and all liability, claims, liens, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury, including death, of any person or damage to property of any kind arising in connection with the Town’s activities and operations on the Vail Property and construction on the Vail Property, ATTACHMENT A including without limitation, (a) those caused by the Town’s operations or the misconduct or negligent acts, errors or omissions of the Town, its Contractors, Subcontractors, materialmen or any person directly or indirectly employed or engaged by them, or any of them, while conducting any activity associated with the Town’s activities and operations on the Vail Property or related thereto, or (b) those arising out of or related to alleged contamination by the Town of the Vail Property by any hazardous or toxic substance, pollutant or contaminant, including petroleum, or alleged injury or threat of injury, health or safety or the environment, or alleged noncompliance with any federal, state or local environmental statues, regulations, ordinances, permits, approvals or orders, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, as amended from time to time, or (c) under any common law claim, including claims for personal injury or property damage or for any claim by any governmental or private party for remedial or removal costs, natural resource damages, property damages, damages for personal injuries, or other costs, expenses or damages or any claim for injunctive relief arising from any alleged injury or threat of injury or threat of injury to health, safety or the environment relating to the Vail Property arising or resulting from the Town’s entry upon the Vail Property pursuant to this Agreement and construction and related activities of the Town on the Vail Property. 11. Mechanic’s Liens. The Town agrees not to permit or suffer and, to the extent so permitted or suffered, shall cause to be promptly removed and released (whether by bonding over or otherwise) any such lien on account of supplies, machinery, tools, equipment, labor or materials furnished or used in connection with the Improvements on the Vail Property. Vail may, at its option and at the Town’s sole cost and expense, with the assistance of attorneys of Vail's choosing, enter into, defend, prosecute or pursue any effort or action (whether or not litigation is involved) which Vail deems reasonably necessary to defend itself and the Vail Property from and against all claims or liability arising by, through, under or in connection with the Town as set forth herein. In all cases, the Town shall to the extent permitted by law defend, indemnify, and hold harmless Vail from and against all costs, expenses, liabilities and damages (including reasonable attorneys' fees and expenses of litigation) incurred by Vail as a result of the filing or assertion of a mechanic's or materialmen's lien against the Vail Property or any part thereof as a result of the Town’s use of the Vail Property and construction thereon. 12. Access. As of the date of this Agreement, Vail and the Town acknowledge and agree that there is a parking lot on the Vail Property which the Town desires to access for construction staging and storage. The Town agrees and acknowledges that the Improvements will not affect the current access to or damage the parking lot in any way. 13. Restoration of the Vail Property. Upon the termination or in the event of a uncured default hereunder, the Town shall promptly remove the all construction-related equipment and materials from the Vail Property and restore the Vail Property, at the Town’s sole cost and expense, to a condition reasonably acceptable to Vail, provided Vail shall provide direction on what is acceptable restoration, and the Town shall be permitted to continue to access the Vail Property until such removal and restoration are completed but no later than November 1, 2014. In the event the removal and restoration are not completed by November 1, 2014, Vail may complete such work and the Town shall pay all documented invoices for such work within thirty (30) days of receipt from Vail, plus a ten percent (10%) fee for administrative costs. ATTACHMENT A 14. Representatives. (a) Vail hereby appoints ________________________ to act in the capacity of the representative for Vail to provide for approvals, consents or determinations of Vail. From time to time, Vail may change the designated party acting as the representative by giving the Town written notice thereof. (b) The Town appoints Justin Hildreth, Town Engineer to act in the capacity of representative for the Town. Any notice required to be given by Vail to the Town shall be delivered to the representative named herein. 15. Compliance with Law. The Town’s use of the Vail Property pursuant to this License shall, at all times, be in compliance with all laws, rules, regulations and other requirements of the Town of Avon, Eagle County and the State of Colorado, as applicable. 16. Miscellaneous. (c) Amendment. Modification. No provision or term of this Agreement may be amended, modified, revoked, supplemented, waived, or otherwise changed except by a written instrument duly executed by the parties hereto. (d) Entire Agreement. This Agreement constitutes and incorporates the entire agreement among the parties hereto concerning the subject matter of this Agreement and supersedes any prior agreements concerning the subject matter hereof. (e) Severability. If any provision of this Agreement shall be held invalid, illegal, or unenforceable in any jurisdiction, the validity, legality, and enforceability of the remaining provisions of this Agreement shall not be impaired thereby; nor shall the validity, legality, or enforceability of any such defective provisions be in any way affected or impaired in any other jurisdiction (f) Assignment. This Agreement is not assignable by the Town without the prior written approval of Vail. (g) Third-Party Beneficiaries. Except as provided herein, the agreements contained herein are solely for the benefit of the parties hereto and no other person or entity shall be a third party beneficiary thereof. (h) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. (i) Authorization. Each party is authorized and empowered to execute this Agreement and all necessary corporate action has been taken to authorize execution of this Agreement. (j) Execution. The parties shall execute and deliver such further documents as may be reasonably required in order to effectuate the intent of this Agreement. ATTACHMENT A (k) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to constitute an original; provided, however, that this Agreement will not become binding upon any party unless and until executed (whether or not in counterpart) by all the parties. (l) Recording. This Agreement shall not be recorded with the Clerk and Recorder for the County of Eagle, State of Colorado, without prior written consent of Vail. (m) Exhibits. All exhibits attached to this Agreement are incorporated herein by this reference and made a part hereof. [Remainder of page intentionally left blank] [Signatures on following pages] ATTACHMENT A IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective as of the date first written above. VAIL: THE VAIL CORPORATION, a Colorado corporation By: ____________________________ Name: Alex Iskenderian Title: Senior Vice President & COO - VRDC STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ________ day of ______________, 20___, by Alex Iskenderian as Senior Vice President & COO - VRDC of The Vail Corporation, a Colorado corporation. My commission expires:___________________ Witness my hand and official seal. _________________________ Notary Public [Town signature on following page] ATTACHMENT A TOWN: TOWN OF AVON By:_____________________________ Rich Carroll, Mayor ATTEST: ________________________ Debbie Hoppe, Town Clerk STATE OF COLORADO } } ss. COUNTY OF EAGLE } The foregoing document was subscribed and sworn to before me this ________ day of ______, 20___, by Rich Carroll as Mayor and Debbie Hoppe as Town Clerk of the Town of Avon. Witness my hand and seal. My commission expires:_____________ _________________________ Notary Public [End of signatures] Eagle Riv e r Vil l a g e R d U.S. H i g h w a y 6 Av o n R d Eas t H u r d L n Avon Trail Bridge Project: GOCO Grant Proposed Bridge 0 10050 Feet This map was created by the Eagle County GIS Department. Use of this map should be for general purpose only. Eagle County does not warrant the accuracy of the data contained herein. Existing Spur Trail Existing Eagle Valley Trail Grant Request Area Proposed Bridge EXHIBIT A TO ATTACHMENT A TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 05-13-2014 Minutes Page 1 1. CALL TO ORDER & ROLL CALL Mayor Rich Carroll called the meeting to order at 5:19 p.m. A roll call was taken and Councilors present were Jennie Fancher, Buz Reynolds, Todd Goulding, Chris Evans, and Jake Wolf via cell phone. Dave Dantas was not present. After discussion with the Town Attorney, due to an absence in the Town’s policy regarding a Councilor’s participation via cell phone; the consensus of the Council was to have Jake Wolf not participate via cell phone and Councilor Wolf remained absent from the meeting. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, and Records Administrator/ Deputy Town Clerk Richelle Curran, Assistant Town Manager Scott Wright, Planning Manager Matt Pielsticker, Director of Economic Initiatives Susan Fairweather, as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT 4. ACTION ITEMS 4.1. PRESENTATION AND COUNCIL ACCEPTANCE BY MOTION AND VOTE OF THE 2013 YEAR END AUDIT (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Councilor Fancher motioned to approve the 2013 Year-end Audit; Councilor Goulding seconded the motion, and it passed unanimously by those present. (Councilor Dantas, and Councilor Wolf absent) 5. WORK SESSION 5.1. REVIEW AND DIRECTION TO AMEND WILDRIDGE PUD TO ALLOW SHORT TERM RENTALS DURING THE 2015 WASC (PLANNING MANAGER MATT PIELSTICKER) Council directed Town staff to permit a Minor PUD amendment for short term rentals in Wildridge only from February 2nd- 15th, 2015 during the WASC. 6. ACTION ITEMS 6.1. PUBLIC HEARING SECOND READING OF ORDINANCE 14-06 AN ORDINANCE AMENDING SECTION 5.04.45, SECTION 7.08.010, AND TABLE 7.24-01 OF THE AVON MUNICIPAL CODE TO PROHIBIT MARIJUANA ESTABLISHMENTS AND MARIJUANA CLUBS (DIRECTOR OF E CONOMIC INITIATIVES SUSAN FAIRWEATHER) Councilor Goulding motioned to approve Ordinance 14-06; Councilor Evans seconded the motion, and it passed unanimously by those present. (Councilor Dantas and Councilor Wolf absent) 6.2 REVIEW AND COUNCIL DIRECTION ON GENERAL, WATER, TRANSIT, FLEET AND WATER FUND BUDGETS & ESTIMATED CAPITAL PROJECTS FUNDING SOURCES (ASSISTANT TOWN MANAGER SCOTT WRIGHT & TOWN MANAGER VIRGINIA EGGER) Council agreed to schedule a site walk of the Eagle Valley Trail Project to confirm priority and understanding of Phase I, Phase II, and Phase III construction plans and costs. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 05-13-2014 Minutes Page 2 6.3 ACTION ON A PROFESSIONAL SERVICES AGREEMENT WITH MOMENTUM FOR THE CONSTRUCTION OF MOUNTAIN BIKE TRAILS IN WILDRIDGE AND THE WEST AVON PRESERVE (PLANNING MANAGER MATT PIELSTICKER) Mayor Carroll opened the discussion to the public for their comments, and the following commented: Bob Mender, Angelo Loera, John Ship, Greta Brettmyer, Darcy Buster, Glen Wyse, Peter Warren, Charlie Sherwood, John Thierfelder, Paula O’Leary, Larry Davis, Lee Ryenol, Das Wilson, Jake Wells, Michelle Wolf, Ron Grubber, Brett Donaldson, Jack Gardner, Dave Bosar, Jason Russell, Grant Smith, Jared Sal, Keith Wyse, Pat Campbell, Rick Smith, Ryan Hoyt, John Maeve, Bev Benjamin, and Scott Gunn. Councilor Goulding moved to approve the construction of the mountain bike trails in Wildridge and the West Avon Preserve; Councilor Reynolds seconded the motion, and it was passed unanimously by those present. (Councilor Dantas and Councilor Wolf absent) 6.4 AVON LOGO & TAGLINE APPROVAL (ECONOMIC DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) Due to the absence of Councilor Dantas and Councilor Wolf, whose input the Council wanted to hear, the Council asked that this item be placed again on the May 27, 2014, meeting; no action was taken. 6.2 PUBLIC HEARING AND ACTION ON AMPLIFIED S OUND PERMIT WITH A REQUEST BY VAIL VALLEY CHARITABLE FUNDS TO EXTEND THE HOURS OF AMPLIFIED S OUND IN NOTTINGHAM PARK JUNE 11, 2014, FOR THE RIDE THE ROCKIES - EVENT MANAGER MAREN CERIMELE (DEPUTY TOWN CLERK RICHELLE CURRAN) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Evans moved to approve the amplified sound permit; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. (Councilor Dantas and Councilor Wolf absent) 6.3 ACTION ON A RESOLUTION APPROVING A RESTRICTIVE COVENANT AGREEMENT FOR LOT 5, FILING 1, VILLAGE (AT AVON), TOWN OF AVON, COLORADO (TOWN ATTORNEY ERIC HEIL) Council took no action on Resolution 14-10 . 6.4 MINUTES FROM APRIL 22, 2014 MEETING (DEPUTY TOWN CLERK RICHELLE CURRAN) Councilor Evans moved to approve the minutes from April 22, 2014; Councilor Goulding seconded the motion, and it passed unanimously by those present. (Councilor Dantas and Councilor Wolf absent) 7. WRITTEN REPORTS 7.1. COLORADO CREATIVE INDUSTRIES SUMMIT RECAP (COUNCILOR JENNIE FANCHER) Councilor Fancher updated the Council on the Colorado District Certification Program. The Town of Avon will be notified June 16, 2014, about whether Avon’s candidacy application is approved. 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8.1. UERWA MEETING UPDATE ( MAYOR PRO TEAM TODD GOULDING) 8.2. MAYOR & MANAGERS MEETING UPDATE ( MAYOR RICH CARROLL) 8.3. CREATIVE DISTRICT SUMMIT UPDATE ( COUNCILOR JENNIE FANCHER) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 05-13-2014 Minutes Page 3 9. COUNCIL COMMENTS 10. MAYOR REPORT AND FUTURE AGENDA ITEM 11. EXECUTIVE SESSION: (THIS MEETING IS NOT OPEN TO THE PUBLIC) Mayor Carroll moved to meet in Executive Session at 10:08pm to discuss the following items; the motion was seconded by Councilor Goulding. 11.1. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING THE MOUNTAIN STAR WATER SYSTEM UNDER C.R.S. §24-6 -402(2)(B); 11.2. TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER, OR SALE OF REAL, PERSONAL, OR OTHER PROPERTY INTEREST UNDER C.R.S. §24-6-402(2)(A) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE RELATED TO SUCH PROPERTY INTEREST UNDER C.R.S. §24-6 -402(2)(B); 11.3. 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) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING THE WATER AUTHORITY WATER MASTER AGREEMENT 11.4. 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) AND FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE REGARDING EAGLE AIR ALLIANCE 11.5. FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6 -402(2)(B) REGARDING THE VILLAGE (AT AVON) LITIGATION SETTLEMENT Mayor Carroll stated the following people were present: Buz Reynolds, Chris Evans, Jennie Fancher, Todd Goulding, Virginia Egger and Eric Heil. He also stated, “That all persons must confine the discussion to the purposes of the Executive Session. If at any time during the Executive Session anyone believes that the discussion does not concern the topic and purpose of the Executive Session, please raise your objection immediately.” At 11:27p.m. Councilor Reynolds made a motion to end the Executive Session; seconded by Councilor Evans, and it was approved unanimously. (Councilor Dantas and Councilor Wolf were absent) Mayor Carroll stated the Regular Session was now reconvened and if any Town Council member believed that any discussion in Executive Session was inappropriate and not related to the topic and purpose of the Executive Session, to please state his or her objection at this time. He then said, “Hearing no objections, the meeting would proceed to any remaining business.” A motion was made by Mayor Pro Tem Goulding to approve a Motion to Dismiss with Prejudice and General Release for the Village (at Avon) litigation as presented by the Town Attorney; seconded by Councilor Evans and it was approved unanimously. There being no further business to come before the Council the meeting adjourned at 11:29 p.m. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY MAY 13, 2014 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 05-13-2014 Minutes Page 4 RESPECTFULLY SUBMITTED: _________________________________ Richelle Curran, Deputy Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Todd Goulding ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ FISCAL YEAR 2014 FINANCIAL REPORT May 27, 2014 ______________________________________________________________________________________ 1. Fiscal Year 2014 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – March 2014 3. Real Estate Transfer Tax Report and Monthly Detail – April 2014 4. General Fund Year-To-Date Expenditures- April 2014 5. Fleet Maintenance Fund Year-To Date Expenditures- April 2014 6. Transit Fund Year-To Date Expenditures- April 2014 7. DestiMetrics Executive Summary- April 2014 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: May 21, 2014 Re: Fiscal Year 2013 Financial Report – March/April 2014 Revenues: SALES TAX • Sales tax revenue for the month of March is up $73,034.65, or 10.14% compared to March 2013, and up 7.69% compared to the monthly budget. This increase includes approximately $13,000 from new businesses, and after adjusting for new business growth and anomalies, 8.31% is the actual gain in revenue for the month. March 2014 sales tax revenue is the highest ever for the month of March, with March 2013 being the next highest at $720,267.31. • March collections report increases in all industries over 2013 except for Miscellaneous Retail which was down ($18,429.00) or (37.80%). The large decrease is due to a business closure in this industry, and there was also a business miscoded to Miscellaneous Retail that was removed and placed in the correct category. After correcting for miscoding, the actual decrease in Miscellaneous Retail equals (29.77%). Revenue from Service related businesses is up approximately $5,575.95 or 54.08% for the month, while sales tax from Other Businesses is up almost $11,000 or 31.15% and Home/Garden is up $12,339.17 - 47.72%. The increase in Service related can be partially attributed to the wide variance that occurs in the tax returns of interior and architectural design companies. ACCOMMODATIONS TAX • Accommodations tax revenue for March is up $15,388.59, or 10.04% compared to March 2013, and up 6.87% compared to the monthly budget. Once again, March 2014 accommodations tax revenue is the highest on record for the month of March, with March 2013 being the next highest at $153,208.80. • February accommodations tax collections are up for all lodging types: Hotels up 3.04%, Timeshares up 36.91%, and Vacation rentals are up 12.18%. REAL ESTATE TRANSFER TAX • 2014 real estate transfer tax collections for April equal $197,656.36. This is a 36.85% increase from April 2013 and 54.25% over the monthly budget. Expenditures: • General Fund expenditures at the end of March are 37.66% of the budgeted amounts. • Fleet expenditures to date are at 36.77% of the total budget, and revenues are at 37.19% of the budget. • Transit funds are 34.83% spent compared to the annual appropriation. This includes $177,168.48 for gondola operations during the 2014 portion of the ski season. DestiMetrics: • Avon’s occupancy was at 23.7% for the month of April, which is a 4.5% increase over April 2013. • May’s anticipated occupancy is 11.2%, a 12.9% increase over 2013. • Looking back at the past six months, occupancy was up 5.9% while average daily rate was up 8.1% and revenue per average room night increased 14.5% over 2013. • Occupancy for the upcoming six months on the books is 5.8% higher than 2013 at 9.8%. • Rooms booked during April 2014 for arrival April – September has changed by (10.2%) compared to rooms booked during April 2013 for arrival in the following six months. TOWN OF AVON SALES TAX WORKSHEET 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance from 2013 January 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 693,355$ 638,863.27$ (54,491.56)$ -5.76% February 516,349.68 504,752.59 532,903.25 533,546.48 636,702.27 651,176 673,722.03 22,546.21$ 5.81% March 536,913.42 620,937.20 665,532.70 643,910.29 720,267.31 736,640 793,301.96 56,661.50$ 10.14% April 319,833.51 309,937.09 305,269.73 304,220.84 307,407.13 314,395 May 267,960.76 242,830.16 236,424.93 270,082.79 309,938.72 316,984 June 396,066.29 377,920.42 406,828.27 430,588.57 490,329.18 501,475 July 409,956.20 421,975.98 452,873.44 472,215.40 537,479.66 549,698 August 374,965.99 361,702.25 419,977.29 455,439.86 504,332.25 515,797 September 350,585.25 359,139.22 391,546.49 424,793.75 475,362.88 486,169 October 286,412.11 288,859.84 299,193.35 341,711.43 356,925.96 365,040 November 281,696.02 284,528.70 301,407.41 336,060.63 362,460.94 370,700 December 786,701.84 818,360.74 921,815.61 852,868.64 981,917.79 1,004,239 Total 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 6,505,668$ 2,105,887.26$ 24,716.14$ 3.49% Actual Collections $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2010 2011 2012 2013 2014 Year Sales Tax Collections for March TOWN OF AVON SALES TAX WORKSHEET 2014 Actual vs. Budget $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 $2,200,000 2010 2011 2012 2013 2014 YTD Sales Tax Collections $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 Sales Tax Monthly Comparison 2012-2014 2012 2013 2014 TOWN OF AVON ACCOMMODATIONS TAX WORKSHEET 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance 2013 January 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 111,733$ 129,851.78$ 18,119.08$ 19.67% February 83,502.22 99,336.34 114,035.90 106,016.32 137,503.61 141,589 150,317.06 8,727.60 9.32% March 84,909.85 105,518.15 122,145.16 115,043.42 153,208.80 157,761 168,597.39 10,836.07 10.04% April 26,821.29 26,496.88 26,214.58 20,786.24 26,494.49 27,282 May 19,090.36 12,425.51 15,152.82 16,664.44 24,527.17 25,256 June 34,439.33 32,857.68 49,999.66 56,012.17 66,578.91 68,557 July 47,864.32 51,170.82 62,928.07 66,726.73 73,008.92 75,178 August 39,155.19 42,188.56 52,037.55 58,358.93 67,688.07 69,699 September 21,134.69 30,090.34 35,521.81 42,245.24 44,661.37 45,988 October 17,043.78 20,614.06 21,801.56 25,879.51 27,154.53 27,961 November 15,268.58 20,582.47 24,971.33 22,786.42 28,171.04 29,008 December 96,847.30 98,561.90 135,984.00 112,759.02 131,361.43 135,265 Total 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 915,279$ 448,766.23$ 37,682.74$ 12.41% Actual Collections - 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 2010 2011 2012 2013 2014 Accommodations Tax Collections for March TOWN OF AVON REAL ESTATE TRANSFER TAX WORKSHEET 2014 Actual vs. Budget YTD Collections $ change % of change 2009 2010 2011 2012 2013 2014 2013 2013 January 34,468.00$ 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 62,591.74$ 277.75% February 95,703.38 362,719.22 230,705.50 41,750.07 55,872.69 562,219.70 506,347.01 906.25% March 6,023.70 284,243.65 187,099.47 84,760.49 125,927.64 50,375.06 (75,552.58) -60.00% April 92,238.95 210,185.30 249,482.30 219,195.80 144,437.80 197,656.36 53,218.56 36.85% May 37,803.12 112,431.30 187,668.62 270,170.12 121,784.12 June 365,324.28 66,271.14 49,606.58 169,040.47 90,309.74 July 208,800.24 63,509.36 46,707.37 71,057.40 386,434.78 August 87,827.30 88,823.40 106,785.21 232,505.93 97,579.70 September 159,877.84 159,861.96 140,876.56 96,389.34 157,010.67 October 205,537.52 222,575.20 64,005.33 176,889.62 169,839.80 November 131,944.57 115,654.16 98,057.44 150,549.86 112,491.82 December 336,431.50 236,117.45 198,448.03 145,134.57 83,382.60 Total 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 895,377.86$ 546,604.73$ 156.72% Budget 1,600,000$ Variance, Favorable (Unfavorable)(704,622.14) Actual Collections $- $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00 $800,000.00 $900,000.00 $1,000,000.00 $1,100,000.00 2010 2011 2012 2013 2014 YTD Real Estate Transfer Tax Collections Town of Avon Real Estate Transfer Tax April 2014 Collections Detail Purchaser Name Property Amount Received Balance Forward 697,721.50$ Stewart Title - Vogeler 2511 Old Trail Rd #B 4,200.00 Title Co of Rockies Christie Lodge CL #27 1,971.00 Title Co of Rockies Sheraton Mtn Vista #14-17 635.90 Title Co of Rockies - Hughes 171 Lake St #C-404, wk 19E / Lakeside Terrace 158.00 Land Title - Verderame 851 W Beaver Creek Blvd #B-2 / Benchmark Condos 200.00 Land Title - Poor 175 Lake St Unit #109, Interval 5 110.00 Land Title - Vukich 1931 Paintbrush 50,000.00 Land Title - Savmak LLC 281 Metcalf Rd Unit #104 / Metcalf Commercial Park 2,783.00 Land Title - Savmak LLC 282 Metcalf Rd Unit #105 / Metcalf Commercial Park 3,786.20 Land Title - Christie and Fischer 998 W Beaver Creek Blvd #C-308 / Sunridge 1,170.00 Land Title - Silberman 2460 Saddle Ridge Lp #B 11,000.00 Title Co of Rockies Christie Lodge CL #26 969.76 Title Co of Rockies Lakeside Terrace #14-16 474.00 Chicago Title Westin Riverfront #14-15 1,051.00 Title Co of Rockies Sheraton Mtn Vista #14-15 1,091.90 Title Co of Rockies Christie Lodge CL #25 2,340.00 Guardian Title - Backes 5685 Wildridge Rd East/West Unit 14,400.00 Stewart Title - Lindenmuth 420 Nottingham Rd, Unit #5 8,900.00 Land Title - Kieser 100 W Beaver Creek Blvd #304 / Avon Center 5,260.00 Chicago Title Westin Riverfront #14-13 572.00 Chicago Title Westin Riverfront #14-14 950.00 Land Title - Klena 175 Lake St Unit #407-A, Interval 5 / Falcon Pointe 63.80 Stewart Title - Ascent 311 LLC 38390 Hwy 6, Unit #311 / Ascent Residences 12,100.00 Title Co of Rockies Sheraton Mtn Vista #14-14 634.00 Title Co of Rockies Christie Lodge CL #24 2,638.90 Heritage Title - Weweeoui Holdings 30 Benchmark Rd / Avon Town Sq Comm. Condos 1,775.10 Land Title - Schranz 2450 Saddle Ridge Lp #B 6,100.00 Land Title - Folino 2480 Saddle Ridge Lp 12,558.00 Land Title - Lockhart 240 Chapel Pl #BR205 5,600.00 Land Title - Kastner Living Trust 175 Lake St #507, wk 33 63.80 Land Title - Feizy Properties 126 Riverfront Ln #807 28,400.00 Land Title - Schlichter 127 Riverfront Ln #249 16,600.00 Heritage Title - Griffith Refund - Primary Exemption 5571 Coyote Ridge (3,200.00) Eagle Cty Treasurer/Bouchard 2810 Oneal Spur #A 2,300.00 Total April Revenue 197,656.36 Total YTD Revenue 895,377.86 Total 2014 Budget 1,600,000.00 Variance, Favorable (Unfavorable)(704,622.14)$ Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 430,975$ 7,750$ 291,068$ 132,157$ 69.34% 112 Boards and Commissions 15,307 - 2,958 12,349 19.32% 113 Town Attorney 155,000 111,793 42,597 610 99.61% 115 Town Clerk 176,293 7,162 75,915 93,216 47.12% Total Legislative 777,575 126,705 412,538 238,332 69.35% Judicial: 121 Municipal Court 106,996 16,309 31,189 59,498 44.39% Executive: 131 Town Manager 221,401 - 70,235 151,166 31.72% 132 Human Resources 243,728 2,804 76,046 164,878 32.35% 133 Community Relations 135,346 59 42,527 92,760 31.46% Total Executive 600,475 2,863 188,808 408,804 31.92% Finance Department: 141 Finance 772,300 32,820 208,142 531,338 31.20% 143 Information Systems 340,306 22,965 134,075 183,266 46.15% 149 Nondepartmental 263,522 19,996 183,417 60,109 77.19% Total Financial Administration 1,376,128 75,781 525,634 774,713 43.70% Total General Government 2,861,174 221,658 1,158,169 1,481,347 48.23% Community Development: 212 Planning 258,319 6,219 64,693 187,407 27.45% 213 Building Inspection 129,398 - 39,776 89,622 30.74% 214 Economic Development 112,476 - 19,894 92,582 17.69% Total Community Development 500,193 6,219 124,363 369,611 26.11% Police Department: 311 Administration 533,151 18,127 161,640 353,384 33.72% 312 Patrol 1,964,998 37,284 576,581 1,351,133 31.24% 313 Investigations 217,859 - 69,634 148,225 31.96% Total Police 2,716,008 55,411 807,855 1,852,742 31.78% Public Works: 412 Engineering 269,478 1,132 63,780 204,566 24.09% 413 Roads and Bridges 1,434,574 86,553 455,103 892,918 37.76% Total Public Works 1,704,052 87,685 518,883 1,097,484 35.60% Department Expenditure Summaries General Fund #10 April 2014 Expenditures to Date Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget Department Expenditure Summaries General Fund #10 April 2014 Expenditures to Date Parks and Recreation: 513 Special Events 260,665 - 86,686 173,979 33.26% 514 Administration 319,848 8,225 80,460 231,163 27.73% 515 Adult Programs 32,785 - 8,493 24,292 25.91% 516 Aquatics 424,757 11,184 141,176 272,397 35.87% 517 Childcare 38,685 - 9,959 28,726 25.74% 518 Fitness 152,715 336 94,094 58,285 61.83% 519 Guest Services 249,355 5,680 62,956 180,719 27.53% 521 Youth Programs 127,186 820 23,466 102,900 19.09% 522 Cabin 43,647 - 6,460 37,187 14.80% 551 Parks & Grounds 1,041,229 64,168 281,238 695,823 33.17% 571 Buildings & Facilities 987,130 78,266 371,399 537,465 45.55% Total Parks and Recreation 3,678,002 168,679 1,166,387 2,342,936 36.30% TOTAL OPERATING EXPENDITURES 11,459,429$ 539,652$ 3,775,657$ 7,144,120 37.66% Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,546,142$ 66,262$ 502,183$ 977,697$ 36.77% Total Operating Expenditures 1,546,142 66,262 502,183 977,697 36.77% TOTAL EXPENDITURES 1,546,142$ 66,262$ 502,183$ 977,697$ 36.77% Expenditure Summary Fleet Maintenance Enterprise Fund #61 April 2014 Expenditures to Date Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 205,485$ 2,935$ 73,523$ 129,027$ 37.21% 432 Transit Operations 1,286,737 2,795 463,726 820,216 36.26% 435 Wash Bay 205,670 1,576 46,870 157,224 23.56% Total Operating Expenditures 1,697,892 7,306 584,119 1,106,467 34.83% TOTAL EXPENDITURES 1,697,892$ 7,306$ 584,119$ 1,106,467$ 34.83% Expenditure Summary Transit Enterprise Fund #52 April 2014 Expenditures to Date Destination: Avon Destination Period: Bookings as of April 30, 2014 Data based on a sample of up to 10 properties in the Avon Destination destination / region, representing up to 773 Units ('DestiMetrics Census'*) a. Last Month Performance: Current YTD vs. Previous YTD 2013/142012/13 Year over Year % Diff 23.7%22.7%4.5% $123$109 12.0% $29$25 17.0% b. Next Month Performance: Current YTD vs. Previous YTD 11.2%9.9%12.9% $116$115 0.2% $13$11 13.1% c. Historical 6 Month Actual Performance: Current YTD vs. Previous YTD 49.6%46.8%5.9% $228$211 8.1% $113$99 14.5% d. Future 6 Month On The Books Performance: Current YTD vs. Previous YTD 9.8%9.2%5.8% $151$145 4.3% $15$13 10.4% e. Incremental Pacing - % Change in Rooms Booked last Calendar Month: Apr. 30, 2014 vs. Previous Year 4.8%5.3%-10.2% ADR Copyright 2006 - 2014, DestiMetrics, LLC. All Rights Reserved. Information provided here is CONFIDENTIAL INFORMATION and is the exclusive property of DestiMetrics LLC. It is expressly not for reproduction, distribution publication or any other dissemination without the express written permission of DestiMetrics, LLC. Sample reports may be provided to interested persons, specifically for purposes of their evaluation of a potential subscription and are subject to Copyrights of this product. Data and Metrics represented on this report are representative of the Sample Properties only and may not be representative of the entire Community or Industry. Persons using this data for strategic purposes do so at their own risk and hold DestiMetrics harmless. Avon Destination RevPAR for the upcoming 6 months changed by (10.4%)RevPAR Rooms Booked during last month (April, 2014) compared to Rooms Booked during the same period last year (April, 2013) for arrival April to September has changed by (-10.2%)Booking Pace (April) ADR (April) Avon Destination Occupancy for the upcoming 6 months changed by (5.8%)Occupancy * DestiMetrics Census: Total number of rooms reported by participating DestiMetrics properties as available for short-term rental in the reporting month. This number can vary monthly as inventories and report participants change over time. DESCRIPTION: The Reservation Activity Outlook Report tracks occupancy, average daily rate (ADR), and revenue per available room (RevPAR); the key metrics most of interest to lodging properties. The report combines the data sets of participating properties into a destination wide view that features three data sets (providing that sufficient information is available) including: i) current YTD occupancy, ii) last YTD occupancy, iii) last season's ending occupancy. The Reservation Activity Outlook Report is generated on a monthly basis, usually for a 12 month subscription period, and is created from data provided by a group of properties participating in a cooperative manner, and representing a valid set of data as a result. Report results are provided only to those properties who participate by submitting their data. Additionally, participating properties can order (on an a-la-carte basis) an individual report which shows the reservation activity of their property, measured against an aggregated set of competitive properties that they choose from amongst DestiMetrics's other participants. As is the case in all DestiMetrics data, all information provided by individual properties is strictly confidential, except when aggregated with other data and indistinguishable as a result. Avon Destination Average Daily Rate for the prior 6 months changed by (8.1%)ADR Avon Destination RevPAR for the prior 6 months changed by (14.5%)RevPAR Avon Destination Average Daily Rate for the upcoming 6 months changed by (4.3%) Avon Destination Occupancy for next month (May) changed by (12.9%)Occupancy (May) Avon Destination Average Daily Rate for next month (May) changed by (0.2%)ADR (May) Avon Destination RevPAR for next month (May) changed by (13.1%)RevPAR (May) Avon Destination Occupancy for the prior 6 months changed by (5.9%)Occupancy Avon Destination RevPAR for last month (April) changed by (17.0%)RevPAR (April) RESERVATIONS ACTIVITY REPORT Avon Destination Executive Summary Avon Destination Occupancy for last month (April) changed by (4.5%)Occupancy (April) Avon Destination Average Daily Rate for last month (April) changed by (12.0%) 5/5/2014 Copyright (c) 2006 - 2014, DestiMetrics, LLC All Rights Reserved. Confidential Information not for reproduction and protected by law. info@DestiMetrics.com www.DestiMetrics.com 1 PAGE 1 OF 2 PUBLIC EDUCATION ON USE OF RECREATIONAL MARIJUANA TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Robert L. Ticer, Chief of Police Jaime Walker, Community Relations Officer Date: Tuesday, May 27, 2014 Agenda topic: Public Education on Use of Recreational Marijuana The passage of Amendment 64 in the State of Colorado has significantly increased conversations about marijuana use in our communities here and throughout the world. Prior to and continuing after the passage of this amendment, the Avon Police Department has focused on community education relating to drugs, including marijuana. Community education is one of three core goals of the Avon Police Department. This memorandum will outline current marijuana education efforts in Avon and recommendations for future efforts. Drug education is important to the entire community and therefore our efforts are not only in the Town of Avon, but extend beyond our borders. The Avon PD works with community partners such as Eagle County Schools, Eagle River Youth Coalition and other law enforcement partners to present a unified anti-drug message valley-wide, including within the Town of Avon. Community Education: • School Resource Officer: One Avon Officer is assigned as a liaison with Avon Elementary School as a School Resource Officer. This position is not funded as an SRO; therefore the duties at the school are in addition to current patrol work. Officer Jeff Briggs conducts multiple presentations at the school throughout the year, including drug awareness, as part of this partnership. • Let’s All Work to Fight Drug Abuse: A local publication of Let’s All Work to Fight Drug Abuse is a magazine that provides important facts to help educate citizens about the dangers of drug abuse. This is the fifth year that local businesses have partnered with the Avon Police Department to produce this informational publication which is available at our partner businesses as well as at local schools, the Avon Recreation Center, the Avon Public Library and at Town Hall. It will also be distributed at events such as National Night Out. • Community Presentations: The Avon Police Department presents drug-education programs throughout the community upon request. Chief Ticer presents multiple times per year at Red Canyon High School. • Eagle River Youth Coalition Partnership (ERYC): Chief Ticer is the vice president for this nonprofit organization whose mission is to assess prevention needs and coordinate substance abuse reduction efforts. The ERYC administers the Colorado Healthy Kids Survey bi-annually throughout Eagle County Schools. Information in these surveys includes drug use and drug trends. The results of this survey are presented to the Superintendent of Eagle County Schools. Additionally, the ERYC provides dinner and dialogue programs and additional outreach to the community on drug education. One excellent example is the Drug Free Event (Anti-420) for each of the last two years on April 20 at the WECMRD Field House. More than 150 children attended the drug free event each year. The ERYC provides leadership at local high school clubs, such as the Eagle Valley High School Devils Against Destructive Decisions (DADD) Club, to keep kids healthy and safe. • Marijuana Pamphlet: Fresh off the press, in collaboration with the 5th Judicial District Attorney, Eagle Sheriff and local Police Chiefs, is a pamphlet focusing specifically on marijuana education. This easy to read, bulleted document will be available locally to educate the community on PAGE 2 OF 2 PUBLIC EDUCATION ON USE OF RECREATIONAL MARIJUANA marijuana laws. It will be distributed throughout the community in local businesses and government buildings. • Police Explorer Program: The Avon Police Department, Vail Police Department, and Eagle County Sheriff created a robust police explorers posts. The young men and women in this post are required to be drug free as our team develops them to be future police officers and productive community members. • Community Outreach: The Police Department focuses on community education of drug laws through many community programs such as National Night Out, Citizen’s Academy, Latino Citizen’s Academy, Kids Cops and Hoops Basketball, and during day-to-day community policing efforts. Officer Education: • Nearly half of the Avon Police Officers have completed the 16-hour Advanced Roadside Impaired Driving Enforcement (ARIDE) program with a goal to achieve all officers attending by the end of 2014. This curriculum trains officers to better identify drug impaired drivers. • The Avon Police Department has three certified Drug Recognition Experts (Chief Ticer, Officer Hassinger and Officer Briggs), with a goal to certify one more officer in 2014-2015. These officers are available to local law enforcement to assist in drug cases and to provide expertise during community education efforts. • The Colorado Association of Chiefs of Police, of which Chief Ticer is its President, last month requested additional education and enforcement monies from the Colorado Governor for local law enforcement to handle crime associated with marijuana. If funded, additional opportunities will be available for Avon Officers to include legal updates, impaired driving education, and support for drug task forces, and enforcement of marijuana crimes. Next Steps: • Continue efforts as articulated in the aforementioned programs and collaborative partnerships. • Consider grant funding for a full time Police Officer through the Federal COPS Office to handle School Resource Officer duties and Community Education Programs. • Install “No Smoking and No Public Consumption of Marijuana” signs throughout town similar to the cleanup dog waste signs. • Work with the Economic Development Director to educate the local businesses about Amendment 64 and the rights of property and business owners as it relates to marijuana. For instance, informing businesses that they do not have to allow the consumption of marijuana on their property. • Utilize the Avon Police Department website as a resource for sharing information about Amendment 64, what is legal, what is not legal, as well as anti-drug messaging for youth, messaging about driving while impaired by marijuana, safety messaging so as not to unintentionally use too much, and messaging about getting treatment when there is a drug-use problem. Should Council require additional information or additional actions, we will be available at a subsequent meeting. Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Village (at Avon) Settlement Update DATE: May 22, 2014 SUMMARY: This memorandum provides an update on the Village (at Avon) Settlement. Significant progress has been realized over the last month. Specifically, the parties have reached agreement and executed a number of critical documents, including the First Amendment to the Receipt and Escrow Agreement, the revised Development Agreement, the Tank Project Agreement, and the Pledge Agreement for the Traer Creek-RP private financing for the Tank Project. All parties have delivered executed copies of these documents to Stewart Title. Attached is a new bond closing schedule which contemplates completing all the documents by June 23, 2014, then closing on the Traer Creek Metropolitan District bond reissue on July 7 or 8, 2014. The closing on the Traer Creek Metropolitan District bond reissue would coincide with the release, recording and effectiveness of all the Settlement Implementation documents and the Motion to Dismiss with Prejudice. The Tank Project documents would remain in escrow until the Tank Project is completed. Dee Wisor and I have received several bond documents for review and have provided comments. We anticipate receiving and reviewing the remaining bond documents with Scott Wright by June 3, 2014. At this point I am aware of no outstanding issues for negotiation and resolution amongst any of the parties and expect that the collective focus will be to prepare, review and complete the Traer Creek Metropolitan District bond reissue documents. I will prepare a memo outlining the status of bond documents for the June 10, 2014 meeting. I should have an updated Exhibit B-1 to the Receipt and Escrow Agreement within a couple days that will indicate the status of all documents required to be deposited into escrow for settlement. COURT STATUS CONFERENCE: The next Telephone Status Conference with the Court is set for August 20, 2014 at 11:00 a.m. REQUESTED ACTION: No action is required at this time. Thank you, Eric M EMORANDUM & PLANNING, LLC 4837-1871-5930.3 Traer Creek Metropolitan District Taxable Variable Rate Refunding Bonds, Series 2014 TIMETABLE Date Event Responsible Party May 13 Distribute Fee Assignment Agreement DC May 13 Distribute First Draft of Preliminary Official Statement (POS) BC May 15 Letter of Credit Extension to July 15 received by Trustee BNP, USB May 23 Distribute Indenture and Second Draft of Pledge Agreement BC May 23 Distribute Second Draft of POS BC May 23 Provide Bond Counsel/District Counsel Comments on Fee Assignment Agreement BC, GC May [27] Distribute Revised Reimbursement Agreement and Custodial Agreement BNPC May [27] Distribute Revised Fee Assignment Agreement DC June 3 Deadline for Comments on Bond and Bank Documents and Fee Assignment Agreement (Town requested one week of review time) All June 5 Provide Comments on POS All June 9 Distribute Near Final Bond Documents (except OS), Bank Documents and Fee Assignment Agreements and send to Rating Agency BC, BNPC, DC, U June 10 Distribute Third Draft POS and send to Rating Agency BC June 12 Distribute Closing Documents BC, BNPC June 16 Obtain Preliminary Report on Water Rights from Petrock Fendel GC June 18 Provide Comments on Closing Documents All June 20 Deadline for depositing Lender Consents, BNP Consents in Escrow D, BNP June 20 TCMD and VMD Boards Meet to Approve Bond Documents, Bank Documents, Amendment to Development Agreement, Fee Assignment Agreement and Approve and/or ratify all SIDs to which the Districts are parties or consent parties I, GC, BC June 20 PIC Boards and Developer Meet to Approve Amendments to Declarations, Fee Assignment Agreement, and other agreement to which the PICs or Developer are a party or consent party D, DC June 20 Meet in Avon to determine if deposits of Escrow Documents are complete and Mandatory Tender Notice can be sent and POS can be posted TC, DC, GC, BNPC June 23 Send Mandatory Tender Notice I, USB MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4837-1871-5930.3 June 23 Receive Rating I, U June 23 Provide Final Comments on POS All June 23 Approve Substantially Final Closing Budget All June 23 and 24 Pre-Close Series 2014 Bonds All June 24 Post POS U, I, BC June 26 Deliver Notice of Implementation to Escrow Agent (10 days before Closing) I, D, BNP, T June 26 File Exemption Notice with Securities Commissioner BC July [7] Final Pricing of Series 2002 and 2004 Bonds and Price Series 2014 Bonds; sign BPA U July 7 TCMD and VMD Boards meet for final action, if necessary I, GC, BC July 8 Record PIF Covenant Amendments D, DC July 8 Draw on Existing LOC to fund Refunding Escrow (submit Annex on July 7th) USB July 8 New Letter of Credit Issued and Cancel 2002/2004 Letter of Credit USB, BNP July 8 Close Series 2014 Bonds All July 8 Repayment of LOC Draw from Bond Sale Proceeds and Other Available Funds USB, BNP July 8 Pay and Cancel 2002 and 2004 USB July 8 [What need to be said about concluding the litigation?] * July 8 Upon Conclusion of all of the Items listed above = Implementation Date All July 15 Petrock Fendel Issues Update to Water Rights Opinion GC • Litigation counsel to all Parties Legend: I = Issuer and TCMD USB = Trustee BC = Bond/Disclosure Counsel U = Underwriter BNP = LOC Provider BNP Counsel BNPC = BNP Counsel UC = Underwriter’s Counsel GC = District General Counsel T = Town of Avon TC = Avon Town Counsel D = Developer VMD = Village District DC = Developer’s Counsel Heil Law & Planning, LLC Office: 303.975.6120 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: Town Council Vacancy DATE: May 22, 2014 Summary: I understand that Council member Todd Goulding may be submitting a resignation to Council. This memorandum describes the process for filling a vacancy on the Town Council. The Avon Home Rule Charter states the following: Section 4.7 Vacancies. (a) A vacancy of a Council member position occurs by resignation, recall, removal from office, incapacitation, death, failure of Town residency, or conviction of felony. (b) Within seventy-five (75) days after the date which the Council accepts or recognizes the act or event which constitutes a vacancy, the remaining Council members shall appoint a duly qualified person to fill such Council vacancy by a majority vote of the quorum present. He or she shall hold office only until a successor has been elected at the next general municipal election and duly qualified for office. Such successor shall serve the unexpired term, if any, as to which the vacancy occurred. If four or more vacancies exist simultaneously, the remaining Council members shall, at the next regular meeting of the Council, call a special election to fill such vacancies, provided there will not be a general municipal election within ninety (90) days and provided that their successors have not previously been elected. (Ord. 11-13 §3; Ord. 83- 17 §1). Council may accept or recognize the resignation of Council member as effective on June 1, 2014 due to the failure to re-establish residency within one year, as previously approved by Council. 75 days after June 1, 2014 is Friday, August 15, 2014. The Avon Home Rule Charter does not provide a requirement to refer a vacancy to a special election if the Town Council fails to appoint an eligible candidate within 75 days. State statute requires statutory towns to refer vacancies to a special election if the vacancy is not filled by appointment within 60 days of the resignation. C.R.S. §31-10-108 states that a special election cannot be called within 90 days of a regular election. 90 days prior to the November 4, 2014 general election is August 6, 2014. Therefore, if Council did not fill the vacancy by August 15, 2014, then Council can defer to the November 4, 2014 general election and permit the vacancy to remain unfilled until the general election. Council member Goulding’s term would have expired on November 4, 2014; therefore, any appointment by Council to fill the vacancy will only be to serve the unexpired term until November 4, 2014. Thank you, Eric M EMORANDUM & PLANNING, LLC