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TC Council Packet 08-26-2014 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 26, 2014 REGULAR MEETING – RETREAT BEGINS AT 4:00 PM AVON LIQUOR AUTHORITY MEETING BEGINS AT 6:15 PM REGULAR MEETING BEGINS AT 6:25 PM AVON TOWN HALL, ONE LAKE STREET Page 1 PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM JENNIE FANCHER COUNCILORS DAVE DANTAS, CHRIS EVANS, ALBERT “BUZ” REYNOLDS, JR., JAKE WOLF, MATT GENNETT TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. ______________________________________________________________________________________________________________ REGULAR MEETING – COUNCIL RETREAT BEGINS AT 4:00 PM RETREAT WILL BE HELD AT THE REGIONAL TRANSIT OPERATIONS FACILITY – CONFERENCE ROOM 1. CALL TO ORDER & ROLL CALL 2. Work Session 2.1. DRAFT 2015-16 STRATEGIC PLAN 2.2. COMMUNICATION PROTOCOLS 3. 6:00 PM - CONTINUE MEETING TO AVON TOWN HALL COUNCIL CHAMBERS AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 6:15 PM (SEE SEPARATE AGENDA PAGE 3) RECONVENE TO REGULAR SESSION 4. CALL TO ORDER & ROLL CALL 5. APPROVAL OF AGENDA 6. PUBLIC COMMENT 7. ACTION ITEMS 7.1. PUBLIC HEARING ON APPEAL, IN ACCORDANCE WITH AVON MUNICIPAL CODE §7.16.160, APPEALS, FOR A PZC DECISION TO DENY A MINOR DEVELOPMENT PLAN APPLICATION FOR 230 AND 245 CHAPEL PLACE, CHAPEL SQUARE SUBDIVISION – HOFFMANN COMMERCIAL REAL ESTATE (PLANNING MANAGER MATT PIELSTICKER) 7.2. PUBLIC HEARING SECOND READING OF ORDINANCE 14-13 APPROVING THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN- OWNED RIGHT-OF-WAY AND PROPERTY AT CHRISTY SPORTS FOR DEVELOPMENT OF ADDITIONAL PUBLIC PARKING – CONTINUED FROM AUGUST 12, 2014 MEETING (TOWN MANAGER VIRGINIA EGGER) 7.3. RESOLUTION NO. 14-20, SERIES OF 2014, REFERRING A BALLOT QUESTION FOR THE RECREATION CENTER EXPANSION AND REFURBISHMENT AND ASSOCIATED SURFACE PARKING (ASSISTANT TOWN MANAGER SCOTT WRIGHT) TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 26, 2014 REGULAR MEETING – RETREAT BEGINS AT 4:00 PM AVON LIQUOR AUTHORITY MEETING BEGINS AT 6:15 PM REGULAR MEETING BEGINS AT 6:25 PM AVON TOWN HALL, ONE LAKE STREET Page 2 7.4. REVIEW AND DIRECTION ON RESPONSES TO PAVILION FINANCING TERM SHEET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 7.5. REVIEW OF FAIR CAMPAIGN PRACTICES (TOWN ATTORNEY ERIC HEIL) 7.6. ACTION ON PURCHASE AND SERVICE AGREEMENT FOR KRONOS TIME KEEPING SYSTEM (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 7.7. MINUTES FROM AUGUST 12, 2014 MEETING (TOWN CLERK DEBBIE HOPPE) 8. WORK SESSION 8.1. UPDATE ON METCALF ROAD BIKE CLIMBING LANE CONSTRUCTION COSTS AND SCHEDULE (TOWN ENGINEER JUSTIN HILDRETH) 8.2. REVIEW AND DIRECTION REGARDING RULES AND REGULATIONS IN THE WEST AVON PRESERVE (PLANNING MANAGER MATT PIELSTICKER) 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 10. COUNCIL COMMENTS 11. MAYOR REPORT AND FUTURE AGENDA ITEMS 12. WRITTEN REPORTS 12.1. FINANCIAL REPORT 13. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) 13.1. DISCUSSION TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6-402(2)(E) RELATED TO THE UPPER EAGLE REGIONAL WATER AUTHORITY MASTER AGREEMENT 14. ADJOURNMENT FUTURE AGENDA ITEMS: ADOPTION OF THE STRATEGIC PLAN; DIRECTION FOR BUDGET PREPARATION – REVENUE PROJECTIONS TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Virginia Egger, Town Manager Date: August 4, 2014 Agenda Topic: 2015-16 Strategic Plans Development of the Town of Avon 2015-16 Strategic Plan is planned for discussion at the August 12th Council Retreat. This document will provide the most important direction for work activities of the town staff and Council and, thereby, provides important guidance in preparing the 2015-16 budgets. Department heads and their invited employees met in early June to discuss the next two years of work in preparation for the Retreat session. For consideration at the Retreat, staff and management offers the following input to the Strategic Plan. Results: In two years, the Town of Avon will have become a model local government in terms of fiduciary responsibility, communication with citizens and stakeholders and improved its support of businesses with improved infrastructure and an array of special cultural and recreational events which attract both local residents and visitors. Business Like-Practices – Service and Culture  An external Community Survey should be conducted in early 2015 to assess satisfaction with Town services and to gather public input about improvement priorities and future development.  A review of how municipalities are meeting the communication needs of constituents should be researched. This includes the use of social media (pro/con), website and print (newspaper). All segments of the population should be included: younger generation and Hispanic population.  The internal survey should be helpful to each department and the Town staff together to ensure we are meeting high expectations, are efficient in our work, and meeting our cultural goals  Additional training is needed for supervisors; “guest” service training is needed for all employees  Policies regarding bidding and pricing should be updated to ensure we are getting competitive prices  Employ Actively Green elements into Town resource use Infrastructure Maintenance & Service  Maintenance of the Town infrastructure needs to be focused on to bring up to a resort-community standard, this includes landscaping, buildings, streets, lighting, signage, etc. – this is a high priority.  The consolidation and expansion of transit services in Town and in the region should be continually worked towards, including expanding services to Edwards and applying for operational grants. Land Use  The development of a multi-modal transportation and parking plan, in collaboration with stakeholders, is a high priority and should result in a program for supporting Avon as a pedestrian and bicycle friendly community, with seamless public transit and adequate parking.  Work with the East Avon owner HCRE on master development plan, district amendment and code revisions to facilitate a streamlined process for development approvals  Commence 10 year Comprehensive Plan update with including questions in the external survey Capital Projects  Expansion of the Recreation Center and investments in Town Park will build Avon as an important Recreation and Cultural Center with the Pedestrian Mall.  Continue to prepare a five year capital plan consider adding:  The current Town Hall is dysfunctional, energy inefficient and in need of major structural repair. A renovated or new Town Hall should be considered a high priority.  Bike climbing lane as part of Metcalf Road improvement Economic Development  Summer revenue, when measured by sales tax, lags winter receipts. The investment in special events is needed to support restaurants and lodges – and an important role for the Town. This is implicit with the construction of the new Pavilion. Events must be evaluated for success within three years.  Continue to solicit and fund signature events at the Nottingham Pavilion (Stage)  Outreach to Beaver Creek and VVF should be pursued to maximize regional event partnerships.  Develop a marketing and management plan for the Pavilion for private requests  With the completion of the Pedestrian Mall:  Funding and success of Après Avon is a high priority. Taking this success to Birds of Prey or other important weekend should be planned.  The Creative District should be pursued; including formation of a Creative Arts Committee, Creative Arts District Strategic Plan, legislation to allow vendors on the Pedestrian Mall; and, marketing of the area.  Summer farmer’s and/or arts’ market(s) should be implemented  With the investments in East Avon, attention should be given to lodging development in West Avon, District standards updated and potential district formation for façade upgrades.  A strong and collaborative relationship should be nurtured and maintained with East Avon and Village (at Avon) developers, and our business community.  Formalize organization of the Economic Development Group to actively engage businesses with Town government and to advise on special projects, such as branding was done in 2014 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 HEIL LAW TO: Honorable Mayor Carroll and Town Council Members FROM: Eric J. Heil, Town Attorney RE: RETREAT: Communication Protocols DATE: February 6, 2014 Summary: This memorandum provides a legal perspective on communication protocols as well as background on past practices and expectations. There are several categories of communications which are addressed separately. Council to Council: Council members may communicate one to one with each other concerning Town business outside of public meetings. The Colorado Open Meetings Act states that three or more Council members constitute a public meeting and requires notice of that meeting in advance of such communication. Electronic communications constitute a “meeting” for the purposes of the Colorado Open Meetings Act. For this reason, Council has been advised not to engage in a dialogue concerning Town business by e-mail. Also, the Colorado Open Meetings Act prohibits public bodies from formulating a decision outside of a public meeting and violations of this rule can result in voiding of the action taken by Council. The receipt of comments by all of Council directly from the public is acceptable as is the circulation of a question by an individual Council member to all of Council concerning official Town business (however, see Council with Manager communication below). Council members should remember that any e-mail (or tweet, facebook posting, or any other communication via any electronic form or social media) concerning Town business is a potential public record under the Colorado Open Records Act. Council with Manager: Council members may communicate with the Town Manager outside of public Council meetings and such communication is an essential to the efficient function of the Town government. Only one or two Council members may communicate with the Town Manager at one time outside of a properly noticed public meeting in order to comply with the Colorado Open Meetings Act. The active involvement of Council members in many committees and topic areas necessitates regular communication with the Town Manager outside of public meetings. It has been the practice that questions of a general nature by a Council member to all of Council should be directed through the Town Manager. There are four reasons for this protocol: first, so that the Town Manager is aware of the question; second, so that the Town Manager can respond to the question or direct the question to the proper person who can answer the question; third, to insure that all Council members are receiving the same information; and fourth, to minimize the potential for a Council dialogue via e-mail to begin in order to avoid any violation of the Colorado Open Meetings Act. Council with Staff: Direct communications between Council and Town Staff are principally governed first and foremost by the Avon Home Rule Charter, which states as follows “Section 8.5 Relationship of Council to Administrative Service. M EMORANDUM & PLANNING, LLC Avon Town Council Communication Protocols February 6, 2014 Page 2 of 2 Neither the Council, its members, the Mayor, nor any council committee shall dictate the appointment of any person to office by the Town Manager except as otherwise provided in this Charter or in any way interfere with the Town Manager or other Town officer exercising judgment in the appointment or employment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council, its members, the Mayor and any Council committee shall deal with the administrative service solely through the Town Manager and neither the Council, its members, the Mayor, nor any Council committee thereof shall give orders to any of the subordinates of the Town Manager.” As a Council-Manager form of government, the Council has broad discretion to manage and direct the Town Manager, but the Town Manager has authority to manage and direct Town Staff. It is permissible for Council members to ask questions or request information directly from Town Staff persons. The practice and understanding has been that Town Staff shall respond to such requests provided the requests are not burdensome or disruptive to workflow or work deadlines. It has also been the protocol that Town Staff will notify the Town Manager of inquiries by Council members so that the Town Manager has general awareness of questions, issues and activities of Town Staff. Council members do have the same rights as the general public to ask questions, request information and provide comments directly to Town Staff (e.g. reporting that a stop sign has been knocked over). The Town Charter expressly prohibits individual Council members or Council as a body from giving direct orders to Town Staff. Council with Attorney: The Town Attorney represents the Town as a municipal corporation by and through the Council as a governing body. Direct communication between individual Council members and the Town Attorney most often involves (1) pending Town business which is reflected in the Town’s strategic plan and which involves Council members assigned to the appropriate committee or topic and (2) inquiries and disclosures concerning conflicts of interest. Questions of a general nature are generally directed to the Town Manager so that the response can be provided to all of Council and the Town Manager. Thank you, Eric TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, AUGUST 26, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 6:15 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, MATT GENNETT TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. RENEWAL OF LIQUOR LICENSES 4.1. Applicant: Dillon Companies, Inc. d/b/a City Market #26 Location: 260 Beaver Creek Place Type: 3.2% Beer Retail Manager: Jeff Gentilini 4.2. Applicant Name: Chair Four LLC d/b/a VIN 48 Address: 48 E. Beaver Creek Blvd. Type: Hotel and Restaurant Manager: Collin Baugh 5. MINUTES FROM AUGUST 12, 2014 6. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET FINAL - ALB 08-12-2014 Minutes Page 1 1. CALL TO ORDER AND ROLL CALL Mayor Carroll called the meeting to order at 6:30 pm. A roll call was taken and Board members present were Buz Reynolds, Matt Gennett, Jennie Fancher, Chris Evans, and Dave Dantas. Councilor Jake Wolf was not present. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Director of Economic Initiatives Susan Fairweather and Town Clerk Debbie Hoppe as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 5. RENEWAL OF LIQOUR LICENSES 5.1. Applicant: China Garden Inc. d/b/a China Garden Location: 100 W. Beaver Creek Blvd. Type: Hotel and Restaurant Liquor License Manager: Sharon Mau The application was presented with no concerns for the renewal application. Board member Evans moved to approve the hotel and restaurant liquor license for China Garden Inc. d/b/a China Garden; and Board member Fancher seconded the motion and it passed unanimously by those present. (Board member Wolf was absent.) 6. MINUTES FROM JULY 22, 2014 Board member Reynolds moved to approve the minutes from July 22, 2014; Board member Gennett seconded the motion and it passed unanimously by those present. (Board member Wolf was absent.) Board member Wolf arrived. 7. Adjournment There being no further business to come before the Board, the meeting adjourned at6:35 pm. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Town Clerk APPROVED: Rich Carroll ______________________________________ Dave Dantas ______________________________________ Chris Evans ______________________________________ Jennie Fancher ______________________________________ Albert “Buz” Reynolds ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ PZC DECISION APPEAL – SHUTTERS IN CHAPEL SQUARE PAGE 1 OF 3 TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: August 15, 2014 Agenda Topic: Appeal of PZC Decision by Hoffmann Commercial Real Estate Continued Public Hearing from July 22, 2014 Summary The PZC denied a Minor Design and Development application for the installation of shutters on Buildings A and C, Chapel Square (the “Application”) at their May 6, 2014 meeting. The property owner, Hoffmann Commercial Real Estate (“HCRE”) subsequently filed an appeal. Attached to this report (Attachment A) is the formal Appeal letter, dated May 19, 2014. The letter includes supporting documentation including the PZC materials and decision letter. A public hearing on the appeal was held at July 22, 2014 Avon Town Council meeting, and continued to August 26, 2014. The Town Council’s motion to continue this file was approved (4-3 vote) with direction for the applicant to supply more information on the overall master plan for the development to better understand the context of the improvements. No further information has been provided for Council’s review and consideration. Application The Application under review is a Minor Design and Development Plan. Pursuant to the Development Code, this type of application is a requirement when modifications are sought to exterior of existing buildings, “including but not limited to windows, doors, minor architectural details, colors and materials.” The Application is to install faux shutters and window heads/sills on two buildings in the Chapel Square property with gray and red paint. The properties are: 1) Building A, located at 230 Chapel Place, home to Nest Furniture on the ground floor, and 2) Building C, located at 245 Chapel Place, home to Wells Fargo on the ground floor. PZC Review April 24, 2014 – A Site Tour was conducted by PZC for these improvements and other landscaping improvements to HCRE’s properties. In advance of the tour, Staff authorized the installation of some “mock” shutters on each of the proposed buildings in order for PZC to gain a better understanding of the final look if the improvements were completed. PZC ultimately continued action to May 6, 2014 citing concerns with the painted colors of the shutters. May 6, 2014 - No changes to the Application were presented at this follow-up meeting. The PZC discussed the application again and put together a motion to deny the application based on the following findings: PZC DECISION APPEAL – SHUTTERS IN CHAPEL SQUARE PAGE 2 OF 3 1. The application does not comply with §7.16.090(f)(1), Design Review, which reads “The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole”; the Commission interprets the “surrounding community” as the buildings and area surrounding the Chapel Square PUD; and 2. The architectural style of this design element (shutters) is not representative of the contemporary architectural style of the buildings; and 3. By adding this design element to only Buildings A and C, Buildings A, B, and C would not have a consistent architectural style; and 4. The colors of the design element are not compatible with the colors in the surrounding community. Design Standards Below are the Development Standards for building materials and colors as stated in the Avon Municipal Code. Section 7.28.090(c), Generally Applicable Design Standards, outlines the requirements for building materials and colors as follows: (3) Building Materials and Colors (i) The use of high quality, durable building materials is required. Exterior walls shall be finished with materials used in a manner sympathetic to the scale and architectural style of the building. (ii) Preferred materials reflect the Town’s sub alpine character such as native stone, wood siding, masonry or timbers. (iii) The following building materials and wall finishes are not permitted on the exterior of any structure: (A) asphalt siding, (B) imitation brick, (C) asbestos cement shingles or siding, (D) imitation log siding, or (E) plastic or vinyl siding. (iv) The Planning and Zoning Commission shall consider newly developed materials in light of subsections (i)-(iii), above, and make a determination about appropriateness. (v) Indigenous natural or earth tones such as brown, tan, grey, green, blue, or red in muted, flat colors with an LRV (Light Reflective Value) of sixty (60) or less are required. (vi) The following colors are prohibited: neon, day-glow, fluorescent, reflective, and non-earth tones. (vii) All flues, flashing, and other reflective materials shall be painted to match and/or appropriately contrast with adjacent materials. Review Criteria Avon Development Code (ADC) Section 7.16.160(c) states that the Town Council shall use the applicable review criteria for the decision that is appeal and that Town Council shall review decision de novo (Latin for “from the beginning” and “anew”). This means the Town Council must review the original application on its merits as if Council were PZC, and accordingly, must render its own PZC DECISION APPEAL – SHUTTERS IN CHAPEL SQUARE PAGE 3 OF 3 independent findings and decision as to whether the application complies with the applicable review criteria. The following review criteria will be used as the basis for the Decision on this Appeal. §7.16.080(f), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.090, Design Review. (3) Consistency with the Avon Comprehensive Plan; (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. §7.16.090(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2) The design meets the development and design standards established in this Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. Available Council Actions Pursuant to §7.16.160(e), Appeal Decision, the Town Council shall conduct a Public Hearing and take one the following actions: 1. Confirm the PZC decision and not approve the Minor Development Plan for shutters. 2. Modify the PZC decision with conditions determined necessary to achieve compliance with the review criteria. 3. Reverse the PZC decision and approve the Shutters through the approval of the Minor Design and Development application. Attachment A. Written Appeal, dated May 19, 2014, with accompanying Exhibits B. Eric Heil’s Memo, dated July 18, 2014 Attachment A Attachment A Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B Attachment B 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: Hoffman Commercial Real Estate appeal of Design Review application Denial DATE: July 18, 2014 Summary: This memorandum addresses several procedural issues related to the Hoffman Commercial Real Estate (“Appellant”) appeal of the PZC decision to deny the Minor Development Plan applications for shutters. Timing of Hearing: The appeal request was timely submitted in accordance with Avon Development Code (“ADC”) Section 7.16.160(a). ADC Section 7.16.160(a) states that Council shall conduct a public hearing within 45 days of the receipt of the written request; however, the Appellant requested a public hearing for July 22, 2014 in the Appellant’s appeal request dated May 19, 2014. Therefore, the July 22, 2014 public hearing date is acceptable and there is no procedural defect in holding the public hearing later than 45 days after the date of the appeals request. Council Review: ADC Section 7.16.160(c) states that the Town Council shall use the applicable review criteria for the decision that is appealed and that Town Council shall review decisions de novo (Latin for “from the beginning” and “anew”). This means that Town Council must review the original application on its merits as if Council were the Avon Planning and Zoning Commission (“PZC”) and Council must render its own independent finding and decision as to whether the application complies with the applicable review criteria. Council may consider the reasoning of the PZC; however, Council is not making a decision on whether the PZC decision was reasonable, rather, Council is determining independently whether the application meets the applicable review criteria. Council is required to describe the specific reasons for any modification or reversal of the PZC decision. Estoppel: The Appellant’s appeal request states that Town staff was aware that work to install shutters was occurring prior to the issuance of a stop work order on May 1, 2014. Town staff has stated that Town staff permitted one shutter to be installed on each building as a mockup to assist visual understanding of the Design Review application. The Appellant was aware that the Appellant had submitted a Minor Development Plan and Design Review application for the shutters and acknowledges in the May 19, 2014 appeal request letter that Appellant was conducting work to install shutters prior to a decision by the PZC. It is my opinion that the circumstances do not support any valid argument by the Appellant that the Town of Avon is somehow estopped from applying and enforcing its Development Plan and Design Review procedures and application review standards. Public Hearing: ADC 7.16.160(e) requires the Town Council to conduct a public hearing for appeals. Council Action on July 22, 2014: Council has 35 days from the date of the first public hearing to render a decision in writing. Also, Council has all review authority and procedural discretion that the PZC had during its initial review. In addition to taking action on the appeal on July 22, 2014, Council has the authority to continue the public hearing and to request additional information authorized in ADC Section 7.16.020(f)(2) if deemed necessary to properly evaluate the original application. Thank you, Eric M EMORANDUM & PLANNING, LLC TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Virginia Egger, Town Manager Date: August 21, 2014 Re: Public Hearing Second Reading Ordinance 14-13 Revocable Encroachment License for Public Parking Lot BACKGROUND & CODE COMPLIANCE SUMMARY The Planning and Zoning Commission approved the design for development of a public parking lot west of Christy Sports at its April 24, 2014, meeting. The proposed site is Town-owned land, currently planted in grasses with several trees on the lot. Staff recommended the change as a better use of the land considering location near at the core of East Avon and onto Avon Road. The parking lot would be developed by Hoffmann Commercial Properties at its cost. Twenty-eight (28) parking spaces would be provided. The parking would remain open to the public. Development of the parking lot requires a License from the Town Council. Council has taken the following actions on the License: • Passed First Reading of Ordinance 14-13, with certain terms and conditions; • Council at its meeting of July 2, 204, continued action with direction to renegotiate the terms and conditions of the lease • Continued Second Reading and the required public hearing to the August 26, 2014, meeting rather than taking action. The Council directed staff to inform the applicant that Council would not consider action for proposed uses on any Town property until all improvements being made or having been made on properties owned by Hoffmann Commercial Properties are brought into code compliance. The attached document summarizes all development work completed or in process on Town property and Hoffmann Commercial Properties lands and buildings and status of compliance with Town codes. While numerous actions have been taken by the company to come into compliance, the attachment identifies those areas still not in compliance. REVOCABLE ENCROACHMENT LICENSE The Revocable Encroachment License presented in Ordinance 14-13 provides for: • A 99-year lease, with the Town having the ability at any time to pay for the actual costs of parking lot improvements. The developer will provide an accounting of the actual costs, however, total improvement purchase is capped at not to exceed $175,000, the developer’s estimated cost of construction. • The parking lot improvements must be completed by November 15, 2015. • A permanent Access Easement Area would be provided from the developer to the Town, prior to construction commencing, to ensure access to the parking lot should the Town acquire the improvements and want to continue use of the property as a parking lot. • Until such time as the Town acquires the improvements, all operations and maintenance of the parking lot is the responsibility of Hoffmann Commercial Properties. MOTION: If Council wishes to proceed with the Ordinance after the Public Hearing, the recommended motion is: I move to approve Ordinance 14-13 [with or without modifications.] ATTACHMENT 8/22/14 Hoffmann Compliance Update Prepared by Planning Manager Matt Pielsticker At the August 12, 2014, meeting, Town Council requested that all outstanding code compliance issues related to Hoffmann Commercial Real Estate (HCRE) be brought into compliance prior to further consideration of a License Agreement for parking adjacent to the Christy Sports building. The following is a summary and update on all compliance related matters, as of August 20, 2014. Further updates (if any) will be provided at the meeting. 1. Landscaping in the Chapel Square PUD, including landscaping on Hoffmann property and Town- owned property. STATUS: In Compliance. A Minor Development Plan application was submitted, approved by Staff on August 15, and conditioned upon the execution of a maintenance agreement be completed for landscaping on portions of Tract A, Town owned property. The Town Attorney is drafting the maintenance agreement. 2. Painting of accessory building elements at the Chapel Square PUD without color approval. STATUS: In Compliance/In Process. A Minor Development Plan application was submitted on August 15. Once fee is submitted, Staff will complete its review and action can be taken. 3. Installation of monument sign at Nottingham Station without first submitting an application and gaining approval of a Master Sign Program Amendment application. STATUS: In Compliance/In Process. A Master Sign Program Amendment was submitted and will be reviewed by PZC on September 2nd. 4. Shutters at 230 and 245 Chapel Place. STATUS: In Compliance/In Process. Denied by PZC and Appeal is in process, scheduled for review by Council on August 26th. 5. Installation of monument sign at Christy Sports on Town Property without first submitting an application and gaining approval of Master Sign Program Amendment for Christy Sports or approval to work in right-of-way. STATUS: In Compliance/In Process. A Master Sign Program was submitted and will be reviewed by PZC on September 2nd. 6. Removal of light fixture and new construction of statue base and lighting, and installation the bronze sculpture, “Legend of Ulele Bust”, in Chapel Square PUD. Portions of the new improvements may be on Town-owned property and must be confirmed with a land improvement survey. STATUS: Not in Compliance. An application was submitted, but no fee or survey has been provided to confirm exact location in relation to Town-owned Tract A property. 7. Painting of Town-owned property including benches, railings, and trash receptacles without color approval or Right-of-Way permit for construction in Town Right-of-Way. STATUS: Not in Compliance. A letter was sent to HCRE on August 19th documenting the painting of eight (8) benches, three (3) fences, one (1) trash receptacle, and one (1) handrail on Town property without color or right-of-way approvals. The letter requires repainting by August 29th. 8. Removal of Landscaping in Town Right-of-Way without Right-of-Way permit for construction in Town Right-of-Way or design approval. STATUS: Not in Compliance. A letter was sent to HCRE on August 22nd documenting the work on Town property without approvals. Ord. No 14-13 Approving Revocable License Agreement August 26, 2014 Page 1 of 3 TOWN OF AVON ORDINANCE 14-13 SERIES of 2014 AN ORDINANCE APPROVING AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND HOFFMAN COMMERICAL PROPERTIES FOR THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT, AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY and PROPERTY WHEREAS, the Town Council has authority to grant revocable encroachment licenses for Town owned public property and/or right-of-ways; WHEREAS, the Town Council finds that the grant of a revocable encroachment license to construct parking open to the general public on a public property adjacent to the Christy Sports western parking lot and on a portion of Avon Road will promote the Avon Comprehensive Plan and promote economic vitality in the Avon commercial core and will thereby promote the healthy, safety and general welfare of the Avon community; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Revocable License Agreement Approved. The attached Revocable License Agreement is hereby approved and accepted. Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute documents approved in this Ordinance and take such other actions as may be reasonably necessary to implement the actions in this Ordinance. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional Ord. No 14-13 Approving Revocable License Agreement August 26, 2014 Page 2 of 3 or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Signature page follows] Ord. No 14-13 Approving Revocable License Agreement August 26, 2014 Page 3 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for July 22, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on July 15, 2014. ____________________________ Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least six days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on August 26, 2014. ____________________________ Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: _______________________________ Debbie Hoppe, Town Clerk Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 1 of 6 AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND HOFFMANN COMMERCIAL PROPERTIES FOR THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT, AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY and PROPERTY 1.0 PARTIES. The parties to this agreement (“Agreement”) are the TOWN OF AVON, COLORADO, a Colorado home rule municipality (“Town”) and HOFFMAN COMMERCIAL PROPERTIES (“Licensee”). This Agreement is effective upon execution by the Licensee and following execution by the Mayor on the date indicated below. 2.0 RECITALS AND PURPOSE. 2.1. The Town is the owner of certain property located in the Town of Avon, Eagle County, Colorado, commonly known as Avon Road. A portion of Avon Road that is subject to this Agreement is more specifically described on Exhibit to License: Private Improvements (“Exhibit”) and such portion of Avon Road shall be referred to as the “Town Property”. 2.2. The Licensee has expressed a desire to encroach upon and occupy the Town Property for the purpose of installing, constructing, and maintaining certain temporary landscape improvements. 2.3. Licensee agrees to construct public parking and landscaping (“Private Improvements”) on the Town Property, which the Town desires and acknowledges is a valuable public benefit that promotes goals of the Town’s Comprehensive Plan. Town further finds that the Private Improvements on Town Property provide benefits and value that equal or exceed the value of the Town Property that the Town is providing for use by Licensee. 2.4. The Town is willing to grant a revocable license to the Licensee under the terms and conditions as hereinafter specified in this Agreement provided that nothing in this Agreement shall waive or modify any obligation to seek building permits, right-of-way permits (including traffic control), variances, or other approval necessary to meet any obligation imposed by law. The Licensee remains obligated to apply for and obtain all necessary permits and approvals, pay all required fees, and comply with all applicable local laws, including but not limited to any applicable provisions in the Avon Municipal Code. 3.0 TERMS AND CONDITIONS. 3.1. The Town hereby grants to the Licensee a revocable license for the encroachment and occupation described as follows: landscape plantings (trees, shrubs, and ground cover), retaining walls, as such Private Improvements are depicted on the Exhibit; provided, however, that nothing in this Agreement is intended to waive, alter, modify, or permit any violation of any local law applicable within the Town of Avon. To the extent that the location or other specifications of this Agreement or any exhibit conflicts with local laws, the local law shall govern. Except for the encroachment and occupation of the Private Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 2 of 6 Improvements identified in this ¶ 3.1 and depicted on the Exhibit, no other encroachment, structure, improvement, vehicle, fence, wall, landscaping, or any other real or personal property shall be erected, installed, constructed, parked, stored, kept, or maintained in any way or fashion on the Town Property. As a condition to the license granted in this Agreement, Licensee shall construct the Private Improvements as depicted on the Exhibit , which Private Improvements shall be constructed according to Town’s standards and which shall be completed by November 15, 2015 and Licensee hereby conveys a perpetual access easement (“Access Easement”) across the area depicted as the “Access Easement Area” on the Exhibit , which Access Easement shall run with the land and shall survive the termination or expiration of this Agreement. 3.2. The encroachment and occupation of Private Improvements as specified in ¶ 3.1 above shall continue from the date of this Agreement for a period of NINETY- NINE (99) YEARS, until August 11, 2113, unless earlier terminated in accordance with the terms of this Agreement. Town may terminate this Agreement at any time, with or without cause, upon tendering reimbursement payment in full for the cost (“Cost”) of the Private Improvements without any depreciation. The Cost of Private Improvements shall be determined as follows: Upon completion of the Private Improvements and no later than December 31, 2015, Licensee shall submit to the Town documentation of Cost associated with completion of the Private Improvements. Cost may include construction, engineering, design, testing, inspection, survey and legal expenses. Town shall have thirty (30) days from the date of receiving documentation of Cost to submit a written objection, which objection shall be limited to inadequacy of the documentation or costs not directly related to the Private Improvements. If Town does not submit a written objection then the Cost of the Private Improvements as submitted by Licensee shall be deemed accepted by the Town. If Town objects, then Licensee shall submit additional documentation to evidence the Cost of the Private Improvements within thirty (30) days. Notwithstanding the foregoing, Town and Licensee agree that Town’s obligation to tender a reimbursement payment of Costs as a condition of early termination shall not exceed TWO HUNDRED THOUSAND DOLLARS ($175,000.00). 3.3. The Licensee agrees to construct, maintain, and repair the Private Improvements placed or located on the Town Property by the Licensee or its lessees, agents, employees, or other persons under the control or direction of the Licensee pursuant to this Agreement at the cost and expense of the Licensee and at no cost or expense to the Town. The Licensee agrees that the Private Improvements shall be accessible and open to parking by the general public without charge and that overnight parking shall not be permitted without consent of the Town. Limiting parking to periods of time shall be allowed (e.g. a 2-hour parking limit). The Licensee agrees to erect and maintain appropriate signage for parking. The Licensee agrees to provide private enforcement of parking regulations consistent with this Agreement and acknowledges that Town may provide parking enforcement assistance in a manner consistent with, and according to, Town policies as is provided for other private commercial parking areas open to the general public. Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 3 of 6 3.4. The Licensee agrees to remove or cover graffiti or other damage caused to the Private Improvements within a reasonable time following notice or knowledge of such damage or within forty-eight (48) hours of delivery to the Licensee of a written demand by the Town, whichever is earlier. The Licensee shall not erect, cause to be erected or permit the erection of any sign, advertising object, or illustration upon any improvement, structure, fence, or wall placed or located by the Town Property pursuant to this Agreement and shall promptly remove any such sign or advertising. 3.5. The Licensee agrees to maintain the landscaping in a healthy condition at all times during this Agreement and shall be responsible for ensuring the proper pruning or replacement as necessary to present a healthy landscape condition. 3.6. The Licensee expressly agrees to, and shall, indemnify and hold harmless the Town and any of its officers, agents, or employees from any and all claims, damages, liability, or court awards, including costs and attorney’s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any omission or act of commission by the Licensee or any of its employees, agents, partners, or lessees, in encroaching upon the Town Property. In particular and without limiting the scope of the foregoing agreement to indemnify and hold harmless, the Licensee shall indemnify the Town for all claims, damages, liability, or court awards, including costs and attorney’s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any claim in whole or in part that all or any portion of the Private Improvements and encroachment permitted by this Agreement constitutes a dangerous and/or unsafe condition within a public right-of-way. 3.7. The Licensee agrees that it will never institute any action or suit at law or in equity against the Town or any of its officers or employees, nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising as a result of or form the revocable license granted to the Licensee by this Agreement. This provision includes but is not limited to claims relating to road maintenance, snow removal or other public works activities performed by or on behalf of the Town. 3.8. The Licensee agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Private Improvements erected or maintained by the Licensee under this Agreement. 3.9. The Licensee agrees to repair and reconstruct any damage to the Town Property upon termination of this Agreement or removal of the Private Improvements described in ¶ 3.1 and any other improvements erected by the Licensee on the Town Property and the Licensee shall return the Town Property to its original condition at the cost and expense of the Licensee and at no cost or expense to Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 4 of 6 the Town. In the event that Licensee does not remove the Private Improvements and repair and restore Town Property to the condition prior to this Agreement within the time period determined in ¶ 3.2 above, then Licensee shall be deemed to have abandoned the Private Improvements and any rights thereto and the Town may proceed to remove the Private Improvements. The Town may seek recovery of all costs incurred for the removal of Private Improvements from Town Property, repair of damages to Town Property, and restoration of Town Property, including legal costs and reasonable attorney fees. 3.10. The Licensee agrees to procure and maintain, at its own cost, a policy or policies of insurance protecting against injury, damage or loss occurring on the licensed premises in the minimum amount of $1,000,000.00 per occurrence. Such policy or policies shall name the Town as an “additional insured”. However, the Licensee’s failure to take such steps to insure the premises shall not waive, affect, or impair any obligation of the Licensee to indemnify or hold the Town harmless in accordance with this Agreement. 3.11. The Licensee shall be deemed to have intentionally and irrevocably abandoned and relinquished rights and interest in the Private Improvements in the event that the Licensee conveys all the Licensee’s interest in the property or properties obtaining access or receiving benefit from the improvements and encroachments described in this Agreement. The Town shall be entitled to rely upon the public records of ownership maintained by the office of either the Eagle County Clerk and Recorder or the Eagle County Assessor in rendering a determination that the Licensee has abandoned and relinquished the Licensee’s rights and interests as provided by this paragraph. In such event, the Town may remove and demolish such improvements without notice to the Licensee. 4.0 TERMINATION FOR DEFAULT. Town may elect to terminate this Agreement and revoke the license for encroachment on Town Property in the event that Licensee defaults under any provision of this Agreement provided that Town first provides written notice describing the default and Licensee fails to cure by 5:00 p.m. Mountain Time on the third business day after the date of the written notice of default if such default involves a failure to permit parking by the general public in accordance with ¶ 3.3 or a failure to provide and maintain insurance required by ¶ 3.10 or fails to cure within thirty (30) days after the date of a written notice of default for all other defaults in this Agreement. 5.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior written consent of the Town which may withhold its consent for any reason; provided that the Town encourages the Licensee to inform any purchaser of the Licensee’s property or interests of the existence of this Agreement and the Town will promptly consider any request by the Licensee for assignment of this Agreement to such subsequent purchaser. 6.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 5 of 6 party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. 7.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Invalidation of the Agreement in its entirety shall revoke any authorization, whether explicit or implied to the continuing use and occupancy of the Town Property for the Private Improvements. 8.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. 9.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 10.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. 11.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town shall incur no cost or expense attributable to or arising from the construction, maintenance, or operation of the Private Improvements and encroachment permitted by this Agreement and that, in all instances, the risk of loss, liability, obligation, damages, and claims associated with the encroachment shall be borne by the Licensee. This Agreement does not confer upon the Licensee any other right, permit, license, approval, or consent other than that expressly provided for herein and this Agreement shall not be construed to waive, modify, amend, or alter the application of any other federal, state, or local laws, including laws governing zoning, land use, property maintenance, or nuisance. 12.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are expressly authorized to execute this Agreement on behalf of the Parties and to bind their respective Parties and that the Parties may rely upon such representation of authority. 13.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this Agreement or to recover reimbursement costs for removal of Private Improvements from, repair of any damages, and/or restoration of Town property subject to this Agreement, Town shall be entitled to recover any and all legal costs and attorney’s fees incurred. [SIGNATURE PAGE FOLLOWS] Avon Road Revocable Encroachment License Agreement for Parking Lot Improvements Page 6 of 6 DATED AUGUST 12, 2014. TOWN OF AVON: By: ________________________________ Rich Carroll, Mayor ATTEST: Approved as to Form: _________________________________ ______________________________ Debbie Hoppe, Town Clerk Eric Heil, Town Attorney LICENSEE: By: _________________________________ Name:_______________________________ Title:________________________________ Address: PO Box 1980 Avon, CO 81620 STATE OF COLORADO ) ) COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ________ day of ____________________, 20____, personally by _______________________________. ___________________________________ Notary Public (SEAL) Commission expires: _____________  Page 1 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Scott Wright, Asst. Town Manager Date: August 20, 2014 Re: Resolution No. 14-20 Authorizing a TABOR Election on November 4, 2014 and Fixing the Ballot Title and Question, and Setting Forth Other Details Summary Tuesday, August 26th is the last regularly scheduled Avon Town Council meeting where the above- referenced ballot question can be certified to the County. In summary, the ballot question asks the voters to approve up to $10,060,000 in debt, with a total repayment cost of up to $18,450,000, and asks voters to extend the due-to-expire voter-approved debt service mill levy for the Roundabouts to pay such debt. The debt is to be used for the expansion and renovation of the Avon Recreation Center and the construction of required parking. Sources and Uses Based on an issuance of $10,060,000, an A+ rating, a fixed rate issuance with interest rates as of June 16, and a 30-year term, the annual estimated debt service would be approximately $550,000. Based on the current debt service mill rate of 3.302 mills and the Town’s current net assessed value of $166,734,780, this would be sufficient to meet the annual debt service without raising the mill rate. Town of Avon Recreation Center Expansion and Renovation Report for the 2014 Ballot Issue The final Town of Avon Recreation Center Expansion and Renovation Report for the 2014 Ballot Issue is provided with this memo for reference and historical purposes. Attachments: A - Resolution No. 14-20 and Exhibit A B - Town of Avon Recreation Center Expansion and Renovation Report for the 2014 Ballot Issue TOWN OF AVON RECREATION CENTER EXPANSION AND RENOVATION REPORT FOR THE 2014 BALLOT: TOWN COUNCIL WORK SESSION AUGUST 12, 2014 SOURCES Town of Avon Comprehensive Plan, February 2006 Master Plan for Harry A. Nottingham Park, November 2008 Avon West Town Center District Investment Plan, August 2007 Town of Avon Comprehensive Transportation Plan, October 2009 JACOBS Engineering, 2014 - Recreation Center Expansion - Renovation of Existing Facility Prepared by: John Curutchet, Director of Parks and Recreation Susan Fairweather, Director of Economic Initiatives Virginia Egger, Town Manager JACOBS Engineering RECREATION CENTER EXPANSION AND RENOVATION SUMMARY TABLE OF CONTENTS Section 1: Overview & Purpose of Council Action at August 26 Council Meeting Section 2: Summary of Council Meeting Actions Section 3: Appendices  Appendix A: Community Outreach Summary and Survey Results  Appendix B: Recreation Center Expansion, Parking & Outdoor Activity Center  Appendix C: Estimated O & M Costs, Recreation Center Expansion Programming, Estimated Revenue Scenario  Appendix D: Avon Recreation Center Expansion And Renovation Bond Authorization Section 1: Overview & Purpose The information in this Town of Avon Recreation Center Expansion and Renovation Report summarizes the Town Council’s work sessions, including public outreach efforts, leading up to a decision as to whether a bond issue question should or should not be placed on the November 4, 2014, ballot for the expansion and renovation of the Recreation Center. The Report includes the estimated costs for expansion and renovation and additional parking development costs. Information on activity programming of the expanded facility, estimated operation and maintenance costs and revenue projections from programming are provided. The purpose of the August 26, 2014, Council meeting is for Council to take action on placing a ballot issue before the voters on November 4th asking to approve a bond issue to support the Recreation Center expansion and renovation projects in an amount up to $10,060,000. The proposed ballot question is provided in this Report. September 5th is the final day for action by Town Council on the ballot question. Section 2: Summary of Council Meeting Actions JUNE 10, 2014– WORK SESSION  Town Council reviewed an updated summary of Recreation Facility Projects  The Council agreed on hosting four Open House events to solicit input about the Recreation Center Expansion and other Nottingham Park Facilities  Council reviewed bond terms and concluded only a 30-year bond should be presented at the Open Houses as a 25 year bond at current yields would only cover the estimated cost of the Recreation Center Expansion and parking  Town Council provided a funding amount of $5,000 for schematics to be prepared for the Open House events  Open House event dates and locations were presented  The schedule for ballot issue deadlines was determined  Additional information on costs, financing and capital projects was requested for an upcoming work session JUNE 18, 2014 – WORK SESSION  Town Council discussed debt service options for funding the Recreation Center Expansion and other recreation projects:  Option 1. Extend the existing mill levy for the General Obligation Bonds that are maturing as a “Limited” debt option: This option would set the total amount of the bond and the mill rate. If assessed valuations fall during the term of the debt, and the mill rate cannot cover the debt, the Town’s other revenues would be pledged for debt coverage  Option 2. Introduce an “Unlimited” debt issuance to voters which would set the total amount of the bond, but allow the mill rate to increase for the debt payments if assessed valuations fell below the level needed for debt payment.  In both scenarios, the mill rate would be reduced if assessed valuations increased  Town Council finalized Open House event dates, times and locations  Wednesday July 16, 2014 5:30 p.m. to 7:30 p.m. Avon Recreation Center Lobby  Wednesday July 23, 2014 5:30 p.m. to 7:30 p.m. Eagle Bend Apartments Community Room  Saturday July 26, 2014 9:30 a.m. to 11:30 a.m. Aspens Mobile Home Park Community Center and 2:30 p.m. to 4:30 p.m. Avon Recreation Center lobby  JACOBS Engineering was asked to prepare schematics for the Open House events, including information on the expansion and recreation projects and funding options OPEN HOUSES  Wednesday July 16, 2014 5:30 p.m. to 7:30 p.m. Avon Recreation Center  Wednesday July 23, 2014 5:30 p.m. to 7:30 p.m. Eagle Bend Apartments Community Room  Saturday July 26, 2014 9:30 a.m. to 11:30 a.m. Aspens Mobile Home Park Community Center and 2:30 p.m. to 4:30 p.m. Avon Recreation Center lobby AUGUST 12, 2014 – WORK SESSION  Town Council discussed potential Recreation Center expansion and renovation projects, including developing additional parking for the expansion, after reviewing the community feedback gathered via the public open houses and community surveys (Appendix A). Two options were considered as displayed in the following table. PROPOSED RECREATION EXPANSION PROJECTS Project Option 1 No Increase In Annual Debt Service Option 2 Increase In Annual Debt Service Notes Recreation Center: Phase 2 Expansion: 32,725 sq. ft. $ 7,700,000 $ 7,700,000 Indoor sports areas and multi-use community center to include additional space for activities such as basketball, yoga and fitness space, increased area for cardio/weights and special events (birthday parties, film or writer’s festivals). Parking for Recreation Center 1,290,000 1,290,000 84 spaces Rec. Center South, 87 spaces on Lake Street, 38 spaces on Benchmark Road, South of Seasons Building Year Round Activity Center/Ice Rink 290,000 Social ice rink/ Summer uses may include yoga, slack line, day camp, bocce ball, etc. Upper Field Reconstruction: Hybrid Composition 346,500 Better able to support constant activity and placement of structures; low water use Restroom Remodel 302,000 Includes design fees of $27,000 Water Slide – Pool Theme Renovation 175,000 Currently in 2014 CIP at $100,000; financing allows for a larger project Destination Jump, Splash/Learn (Playground) 770,000 Currently $70,000 in 2014 CIP for design. GOCO grant of up to $350,000 may be available. Shower Remodel 100,000 Currently in 2014 CIP TOTAL BONDED PROJECTS $ 8,990,000 $ 10,973,500  Town Council directed staff to move forward to develop Option 1, including an allowance for some additional Recreation Center expansion facility uses , including but not limited to the Activity Center/Ice Rink at a total cost of up to $10,060,000 as summarized in the table below: FINAL PROPOSED RECREATION CENTER EXPANSION PROJECTS Project Option 1 Revised Notes Recreation Center: Phase 2 Expansion: 32,725 sq. ft. $ 7,700,000 Indoor sports areas and multi-use community center to include additional space for activities such as basketball, yoga and fitness space, increased area for cardio/weights and special events (birthday parties, film or writer’s festivals). Parking for Recreation Center 1,290,000 84 spaces Rec. Center South, 87 spaces on Lake Street, 38 spaces on Benchmark Road, South of Seasons Building Additional Facility Expansion Uses, including but not limited to an Outdoor Activity Center/Ice Rink 1,070,000 Social ice rink/ Summer uses may include yoga, slack line, day camp, bocce ball, etc. TOTAL PROJECT AMOUNT $ 10,060,000  Council reviewed three bonding options to fund the Recreation Center expansion and renovation project with bond counsel Dee Wisor, Butler and Snow:  Option 1. Extend the existing mill levy for the General Obligation Bonds that are maturing as a “Limited” debt option: This option would set the total amount of the bond and the mill rate. If assessed valuations fall during the term of the debt, and the mill rate cannot cover the debt, the Town’s other revenues would be pledged for debt coverage.  Option 2. Introduce an “Unlimited with explanation” debt issuance to voters which would set the total amount of the bond, but allow the mill rate to increase for the debt payments if assessed valuations fell below the level needed for debt payment.  Option 3. Introduce an “Unlimited” debt issuance to voters which would set the total amount of the bond, but allow the mill rate to increase for the debt payments if assessed valuations fell below the level needed for debt payment.  In all scenarios, the mill rate would be reduced if assessed valuations increased.  Council provided direction to staff to develop Option 2, unlimited with explanation, for action at the August 26th Council meeting.  Appendix D contains the suggested language for the Avon Recreation Center Expansion and Renovation Bond Authorization. Section 3: Appendices Appendix A: Community Outreach Summary and Survey Results Council held four open houses over two weeks in July. The open houses where held in different geographic locations and times:  Wednesday July 16, 2014 5:30 p.m. to 7:30 p.m. Avon Recreation Center  Wednesday July 23, 2014 5:30 p.m. to 7:30 p.m. Eagle Bend Apartments Community Room  Saturday July 26, 2014 9:30 a.m. to 11:30 a.m. Aspens Mobile Home Park Community Center and 2:30 p.m. to 4:30 p.m. Avon Recreation Center lobby While well-advertised and promoted, attendance at the four Open Houses was quite low, with approximately 15 persons attending over the four sessions. Each person was greeted, provided information and offered the opportunity to “vote” for each project in a range of strongly supporting or no support. Paper surveys were also offered. Not all persons opted to indicate project preference or to fill out a survey. Of those voting on the board, support for the Recreation Center expansion was highly favored with the other facilities receiving a range of support or non-support. Paper surveys were distributed at the Recreation Center, Town Hall, and the open houses. A total of 26 paper surveys were turned in, with the majority from guests at the Recreation Center, who filled out the form while at the Center. This information also showed a strong preference for the Rec Center expansion (77%), with 70% stating support for the estimated tax payment on $300,000. Results of the survey from the Open Houses and 2013 results, when the same survey was distributed, are found in the Recreation Facilities Funding Options Report provided to Town Council at its August 12, 2014, meeting. APPENDIX B: Recreation Center Expansion, Parking Analysis & Outdoor Year Round Activity Center/Ice Rink Estimates RECREATION CENTER EXPANSION – COST ESTIMATE SQ. FT. PER SF 70% (FOOTNOTE 1) TOTAL GYMNASIUM/MULTI-PURPOSE SPACE 17,874 $122.59 $208.40 $3,724,995 CLIMBING WALL 2,900 $133.57 $227.07 $658,500 YOGA/OTHER ACTIVITY 1,600 $91.54 $155.62 $248,989 MEETING ROOM 1,600 $102.32 $173.94 $278,310 BASE BUILDING, INCLUDES EXPANDED FITNESS/CARDIO; POSSIBLE INDOOR PLAYGROUND 8,751 $187.28 $318.38 $2,786,108 TOTAL PHASE 2 BUILDING 32,725 $7,696,903 FOOTNOTE 1: Utilizing data from Engineering News-Record, a well-respected construction journal, shows construction cost for this region to have increased 70% since 1996. PARKING ANALYSIS H. A. Nottingham Park and Recreation Facilities Improvements August 22, 2013 Currently there are 350 public parking spaces in the Town Center West area including the Town Hall, Fire Station, Library, Lake Street, W. Beaver Creek Blvd, Recreation Center and the Season’s Triangle parking lots. The current public buildings require 264 spaces assuming 4 spaces/1,000 SF and a 15% reduction for shared and mixed uses pursuant to §7.28.020(g)(2)(ii), Mixed Use Reduction, Avon Municipal Code. The spaces not required for the buildings provide parking for H.A. Nottingham Park. The expansion of the Recreation Center is planned for the east side of the existing building, in the east Recreation Center lot, which would result in a net reduction in parking spaces of approximately 69 spaces, depending on the final design of the Recreation Center expansion. An ice rink is proposed for the west side of the recreation center, in the location of the grass field and parking lot near the pool. The ice rink will require the closing of the west recreation center parking lot and the loss of the 44 parking spaces. A multi- purpose room/gym, expanded fitness room and flex meeting/yoga room will add approximately 32,750 SF to the Recreation Center, requiring 76 additional parking spaces for a total of 345 spaces required for the public facilities. 161 new parking spaces will be required to accommodate the new facilities and loss of parking. The new additional parking spaces can be installed in several locations including under the recreation center expansion, south of the Recreation Center, Lake Street and Benchmark Road south of The Seasons. • Fifty-one (51) spaces can be built under the Recreation Center expansion for approximately $3.7M. • Reconfigure the remaining portion of the Recreation Center lot with The Season’s north lot and remove Benchmark Road for a total of 84 spaces. • 38 pull-in paces can be built along Benchmark Road for about $250,000. • Up to 48 parking spaces can be built along Lake Street for approximately $400,000. • These parking configurations would yield a total of 361 parking spaces, 16 more than what is required for the Recreation Center expansion and the existing facilities in the area. A summation of the parking program is provided in the table below. Location Parking Spaces Cost Existing Parking Recreation Center East 81 Recreation Center West 44 Lake Street 39 Town Hall 88 Library and Fire 49 Season’s Triangle Lot 34 W. Beaver Creek Blvd 15 TOTAL EXISTING SPACES 350 TOTAL REQUIRED SPACES WITH EXPANSION 345 Proposed Parking Options Recreation Center South 84 $ 650,000 Lake Street 87 $ 400,000 Town Hall 88 Library and Fire Station 49 Benchmark Road, South of Seasons Bldg. 38 $250,000 West Beaver Creek Blvd 15 TOTAL PROPOSED 361 $1,290,000 OUTDOOR YEAR AROUND ACTIVITY CENTER AUGUST 2014 Nottingham Lake is no longer considered a viable option for an ice rink due to variable winter conditions, on- going safety concerns, and overall higher maintenance costs. Staff is recommending a year around outdoor activities center be constructed on the west side of the Recreation Center. During winter months, the area will be utilized as a social ice rink for open family skating, ice skating lessons, beginning hockey and our adult Broomball League. During the spring, summer and fall seasons, the area will activate with summer camp use, outdoor yoga and tai chi, slacklining, beginning skateboard lessons, and act as a small event venue. Appendix C: Estimated O & M Cost, Recreation Center Expansion Programming, Estimated Revenue Scenario ESTIMATED O & M COST RECREATION CENTER EXPANSION AUGUST 2013 Total Estimated Utilities, Maintenance and Equipment Replacement: $141,400 - $155,800 Senior Planner Matt Pielsticker developed these estimated annual costs using different methodologies depending on the expense. Utilities: $95,900 - $104,700 The operating pro-forma budget for the planned 63,100 sq. ft. Crown Mountain Recreation Center (CMRC) was prepared by Green Play, LLC, experts in recreation facility management and operations. CMRC staff also took the additional step to request that operators of Glenwood Springs, Carbondale, Fruita and Gypsum review the operating assumptions and projections, and their input was incorporated. For purposes of calculating the proposed mill levy increase to support CMRC O&M, Utilities were calculated at $3.20 per sq. ft. based on the actual 2012 Gypsum Recreation Center utility expenses. Based on that formula, the estimated Utility costs for Avon Phase II Expansion – 32,725 sq. ft. x $3.20 = $104,720 per year Staff evaluated the 2012 actual costs for the Avon Recreation Center which totaled $116,332 for the 39,687 sq. ft. of existing space = 2.93 per sq. ft. per year. These costs do not include heat recovery expenses and therefore Staff is comfortable with this average price per sq. ft. Estimated Utilities for Avon Phase II Expansion – 32,725 sq. ft. x $2.93 = $95,884per year Maintenance: $25,500 – $31,100 The operating pro-forma is based on Recreation Center staff keeping building and all equipment clean during the operational hours of the facility. A contractual janitorial service is included for deep cleaning of the facility at a minimum of 7 nights per week. The maintenance level, as described, is estimated at $.95 per sq. ft. per year. Estimated Maintenance for Avon Phase II Expansion – 32,725 sq. ft. x $.95 = $31,088 per year Equipment Replacement: $20,000 The fitness area at the Rec Center currently has the following fitness equipment: Adaptive Motion Trainers (2), Rowers (2), Recumbent Bikes (4), Upright Bikes (4), Step mills (1), Treadmills (5), Ellipticals (8), and Incline Trainers (2). These machines have estimated useful lives of 3 years and can range in cost from about $1,500 for rowers to upwards of almost $9,000 for treadmills with multi-media capabilities. Free weights and circuit weight machines are not included because these typically these have a much longer estimated useful life and are much less expensive. Total 2012 replacement charges were $38,903 for the above fitness equipment. It is estimated if the fitness area was doubled in size we could expect have half-again as many fitness machines. Estimated incremental annual cost of equipment replacement: $20,000 per year. RECREATION CENTER EXPANSION PROGRAMMING AUGUST 2013 2012 Avon Recreation District Community Survey – Key Findings 1. Cost/timing of programs were the top two deterrents of those that did not use the Avon Recreation Center (ARC) in the past year. Additional space would help to allow better suited times for users. 2. Those patrons who use the other recreation providers for programs/facilities not provided/or limited at ARC: 2.1 WECMRD: 71% - Field House; 27% Youth Sports Leagues; 25% Gymnastics; 24% Adult Sports League; 18% Youth Camps; 14% Ice Arena 2.2 Vail Recreation District: 27% Ice Arena; 24% Adult Sports Leagues; 23% Youth Camps; 19% Nature Center; 18% Gymnastics; 15% Youth Sport Leagues 3. The ARC scored low on the variety of fitness equipment offered; an expansion of the weight/cardio areas would allow more varied equipment. 4. The lowest satisfaction scores for both ARC adult and fitness programs were for timing and scheduling; inadequate space is available to meet this interest. 5. Of the patrons who have children and attend the Recreation Center, 91% have children under the age of 18, indicating the importance of having child specific activities at ARC. 6. Written comment section of the survey: 6.1 Many requests for more yoga, a specific room would allow for more classes and more class times for each class. 6.2 More volleyball, currently one night per week is offered at the Avon elementary gymnasium, more times and larger space would allow better opportunities to play; offer leagues or shoot times. 6.3 More Teen programming 6.4 Requests for racquetball, squash, dance, Pilates - all programs which require appropriate space or facilities. ESTIMATED REVENUES: SCENARIO: EXPANSION REVENUE GENERATION MODEL Current % Increase with Expansion Admission Fees $790,000 9% $71,100 Program Fees 40,000 60% 24,000 Fitness Programs 40,000 10% 4,000 Adult Programs 12,000 30% 3,600 Youth Programs 109,000 25% 27,250 Event Fees 15,000 30% 4,500 Rentals 10,000 ANNUAL REVENUES $144,450 Appendix D: Avon Recreation Center Expansion and Renovation Bond Authorization AVON RECREATION CENTER EXPANSION AND RENOVATION BOND AUTHORIZATION SHALL TOWN OF AVON DEBT BE INCREASED BY UP TO $10,060,000 WITH A MAXIMUM TOTAL REPAYMENT COST OF UP TO $18,450,000 AND SHALL THE EXPIRATION OF THE EXISTING VOTER APPROVED DEBT SERVICE LEVY BE EXTENDED TO PAY SUCH DEBT SUBJECT TO THE FOLLOWING: (1) THE PROCEEDS OF SUCH DEBT SHALL BE USED FOR THE EXPANSION AND RENOVATION OF THE TOWN RECREATION CENTER AND THE CONSTRUCTION OF REQUIRED PARKING; AND (2) SUCH DEBT MAY BE EVIDENCED BY THE ISSUANCE OF BONDS, LOAN AGREEMENTS, INTERGOVERNMENTAL AGREEMENTS OR OTHER MULTIPLE FISCAL YEAR FINANCIAL OBLIGATIONS WHICH CONSTITUTE A GENERAL OBLIGATION OF THE TOWN PAYABLE FROM SUCH TOWN REVENUES AS THE TOWN COUNCIL MAY PLEDGE TO THE PAYMENT OF THE DEBT; AND (3) THE AUTHORITY TO LEVY A PROPERTY TAX FOR PAYMENT OF DEBT SERVICE IN AN ANNUAL TOTAL AMOUNT OF NOT MORE THAN $615,000, WHICH WAS AUTHORIZED AT THE 1996 ELECTION TO FUND ROUNDABOUTS, SHALL BE EXTENDED AND THE REVENUES FROM SUCH LEVY SHALL BE USED TO PAY DEBT SERVICE ON THE DEBT AUTHORIZED IN THIS QUESTION AND ANY DEBT ISSUED PURSUANT TO THE 1996 ELECTION OR TO CREATE RESERVES FOR THE PAYMENT OF SUCH DEBT; AND (4) THE DEBT SERVICE LEVY AUTHORIZED AT THE 1996 ELECTION IS CURRENTLY 3.302 MILLS AND MAY BE: (A) ADJUSTED UP OR DOWN AS A RESULT OF CHANGES TO THE TOWN’S ASSESSED VALUATION OF TAXABLE PROPERTY TO GENERATE SUFFICIENT REVENUES TO PAY DEBT SERVICE ON THE DEBT AUTHORIZED IN THIS QUESTION AND ANY DEBT ISSUED PURSUANT TO THE 1996 ELECTION; OR, (B) IF THE PAYMENT OF CURRENT DEBT SERVICE COULD BE MADE FROM A LEVY OF LESS THAN 3.302 MILLS, THE LEVY OF 3.302 MILLS MAY, IN THE DISCRETION OF COUNCIL, BE MAINTAINED TO CREATE RESERVES FOR THE FUTURE PAYMENT OF SUCH DEBT; PROVIDED THAT THE MAXIMUM REVENUE FROM THE DEBT SERVICE LEVY MAY NOT EXCEED $615,000 IN ANY YEAR; AND (5) SUCH DEBT MAY BE SOLD OR ENTERED INTO FROM TIME TO TIME AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT, ON SUCH TERMS AND CONDITIONS AS THE TOWN MAY DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF PREMIUM. AND SHALL THE TOWN BE AUTHORIZED TO ISSUE DEBT TO REFUND THE DEBT AUTHORIZED IN THIS QUESTION, PROVIDED THAT AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT SET FORTH ABOVE, AND PROVIDED FURTHER THAT ALL DEBT ISSUED BY THE TOWN PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION?   Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Carroll and Town Council members FROM: Eric J. Heil, Town Attorney RE: Fair Campaign Practices Act DATE: August 21, 2014 Summary: This memorandum provides an overview of the Colorado Fair Campaign Practices Act with regard to restrictions on local government expenditures to advocate for or against candidates and referred ballot measures. Restrictions: The Colorado Fair Campaign Practices act restricts political subdivisions (including municipalities) from expending more than $50 “of public moneys in the form of letters, telephone calls, or other activities incidental to expressing his or her opinion on any [referred ballot issue].” CRS § 1-45-117. Case law has construed this restriction broadly to include use of paid staff time and the issuance of press release in addition to incurring direct costs. Permitted Activities – Expressing Personal Opinion: Elected Officials are not restricted from expressing a personal opinion on any election issue, including both candidates and referred ballot measures; provided that the means of expression does not involve a restricted expenditure of Town funds. CRS § 1-45-117(1)(b)(III) Permitted Activities – Resolution Expressing Position: Local governments are expressly permitted to pass a resolution taking a position of advocacy on a referred ballot measure and may publish and distribute that resolution, “through established, customary means, other than paid advertising, by which information about other proceedings of [the Town] is regularly provided to the public.” CRS § 1-45-117(1)(b)(III) Permitted Activities – Factual Statement: The Town may expend monies to prepare and dispense factual statements about ballot measures provided that the such statement includes arguments both for and against the proposal. CRS § 1-45-117(1)(b)(I) states, (b) (I) Nothing in this subsection (1) shall be construed as prohibiting an agency, department, board, division, bureau, commission, or council of the state, or any political subdivision thereof from expending public moneys or making contributions to dispense a factual summary, which shall include arguments both for and against the proposal, on any issue of official concern before the electorate in the jurisdiction. Such summary shall not contain a conclusion or opinion in favor of or against any particular issue. Thank you, Eric M EMORANDUM & PLANNING, LLC TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET Page 1 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 4:00 pm. A roll call was taken and Council members present were Chris Evans, Matt Gennett, Dave Dantas, Jenny Fancher, Jake Wolf and Buz Reynolds. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Director of Finance Scott Wright and Executive Assistant Preston Neill. 2. WORK SESSION 2.1. COUNCIL PRIORITIES FOR WORK TO BE COMPLETED PRIOR TO NOVEMBER 26, 2014 2.2. DRAFT 2015-16 STRATEGIC PLAN 2.3. COMMUNICATION PROTOCOLS Councilor Reynolds moved to meet in Executive Session at 4:52 p.m. for a conference with the Town Attorney for the purpose of receiving legal advice regarding compliance, administration and enforcement of Avon Development Code under C.R.S. §24-6-402(2)(b). Councilor Wolf seconded the motion and it passed unanimously. Councilor Reynolds moved to meet in Executive Session for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S. §24-6-402(2)(b) and 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). Councilor Wolf seconded the motion and it passed unanimously. Councilor Dantas moved to end Executive Session; Councilor Wolf seconded the motion and it passed unanimously. Executive Session adjourned at 6:07 p.m. 3. ADJOURN TO AVON TOWN HALL COUNCIL CHAMBERS AT 6:15 PM 4. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 6:40 pm. A roll call was taken and Council members present were Jake Wolf, Buz Reynolds, Matt Gennett, Jennie Fancher, Chris Evans, and Dave Dantas. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, Director of Finance Scott Wright, Director of Economic Initiatives Susan Fairweather, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe as well as members from the public. 5. APPROVAL OF AGENDA There were no changes to the agenda. 6. PUBLIC COMMENT TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET Page 2 7. WORK SESSION 7.1. FUNDING PLAN AND BALLOT ISSUE FOR RECREATION CENTER/IMPROVEMENTS AT NOTTINGHAM PARK (PARKS AND RECREATION DIRECTOR JOHN CURUTCHET & DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) Comments were made by Dee Wisor. 8. ACTION ITEMS 8.1. PUBLIC HEARING ON RESOLUTION 14-13, SERIES OF 2014, A RESOLUTION DENYING THE MINOR PUD AMENDMENT TO PERMIT SHORT TERM RENTALS DURING THE 2015 AWSC IN THE WILDRIDGE SUBDIVISION (PLANNING MANAGER MATT PIELSTICKER) Mayor Carroll opened the discussion to the public for their comments, and the following commented: Brent Schoen and Scott Blackett. Councilor Evans moved to approve Resolution 14-13, Series of 2014, A Resolution Denying the Minor PUD Amendment to permit Short Term Rentals during the 2015 AWSC in the Wildridge Subdivision; Councilor Gennett seconded the motion and it passed 5 to 2, with Councilor Dantas and Mayor Pro Tem Fancher voting no. 8.2. PUBLIC HEARING SECOND READING OF ORDINANCE 14-13 APPROVING THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO INSTALL, CONSTRUCT AND MAINTAIN PRIVATE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY AND PROPERTY AT CHRISTY SPORTS FOR DEVELOPMENT OF ADDITIONAL PUBLIC PARKING (TOWN MANAGER VIRGINIA EGGER) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to continue to August 26th Ordinance 14-13 Approving the Grant of a Revocable Encroachment License to Install, Construct and Maintain Private Improvements on Town-Owned Right-of-Way and Property at Christy Sports for Development of Additional Public Parking; Mayor Pro Tem Fancher seconded the motion and it passed 6 to 1, with Councilor Reynolds voting no. 8.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 14-09, SERIES OF 2014, AN ORDINANCE AMENDING AVON MUNICIPAL CODE SECTION 7.16.080 (D) & 7.16.090(D), PUBLIC HEARINGS FOR DESIGN AND DEVELOPMENT REVIEW APPLICATIONS (PLANNER BRIAN GARNER) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Evans moved to approve Ordinance No. 14-09, Series of 2014, An Ordinance Amending Avon Municipal Code Section 7.16.080 (d) & 7.16.090(d), Public Hearings for Design and Development Review Applications; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. 8.4. DIRECTION REGARDING A REQUEST FOR A REVOCABLE ENCROACHMENT LICENSE AGREEMENT WITH HOFFMANN COMMERCIAL PROPERTIES FOR THE CONSTRUCTION AND ON-GOING MAINTENANCE OF A PEDESTAL AND BRONZE SCULPTURE IN HURD LANE RIGHT-OF-WAY (PLANNING MANAGER MATT PIELSTICKER) Councilor Gennett moved to give Hoffmann Commercial Properties direction that Council does not want to see the sculpture on Town property as proposed; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET Page 3 8.5. ACTION ON A MEMORANDUM OF UNDERSTANDING WITH CDOT FOR MAINTENANCE OF CDOT SIDEWALK IMPROVEMENTS ASSOCIATED WITH BIKE LANE ADDITIONS ON US6 (TOWN ENGINEER JUSTIN HILDRETH) Councilor Dantas moved to approve a Memorandum of Understanding with CDOT for Maintenance of CDOT Sidewalk Improvements Associated with Bike Lane Additions on US6; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. 8.6. ACTION OF INTERGOVERNMENTAL AGREEMENT FOR THE EAGLE-VAIL RECREATIONAL TRAIL PROJECT (TOWN ENGINEER JUSTIN HILDRETH) Mayor Pro Tem Fancher moved to approve Action of Intergovernmental Agreement for the Eagle-Vail Recreational Trail Project; Councilor Evans seconded the motion, and it was approved unanimously by those present. 8.7. PUBLIC HEARING ON SECOND READING OF ORDINANCE NO. 14-11, SERIES OF 2014, AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, PE-1 AND PE-2, LOCATED AT LOT 1, RIVERSIDE, TOWN OF AVON, COLORADO FOR CONSTRUCTION OF THE EAGLE VALLEY TRAIL (TOWN ENGINEER JUSTIN HILDRETH) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to approve ORDINANCE NO. 14-11, SERIES OF 2014, An Ordinance Approving the Deed of Easement for a Parcel of Land, PE-1 and PE-2, Located at Lot 1, Riverside, Town of Avon, Colorado For Construction of the Eagle Valley Trail Resolution 14-13, Series of 2014; Councilor Gennett seconded the motion, and it was approved unanimously by those present. 8.8. PUBLIC HEARING ON SECOND READING OF ORDINANCE NO. 14-12, SERIES OF 2014, AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, LOCATED AT LOT 2, RIVERSIDE AND LOT 1, EAGLE RIVER AT AVON, TOWN OF AVON FOR THE PURPOSE OF CONSTRUCTING THE EAGLE VALLEY TRAIL (TOWN ENGINEER JUSTIN HILDRETH) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to approve Ordinance No. 14-12, Series of 2014, An Ordinance Approving the Deed of Easement for a Parcel of Land, Located at Lot 2, Riverside and Lot 1, Eagle River at Avon, Town of Avon for the Purpose of Constructing the Eagle Valley Trail; Councilor Dantas seconded the motion, and it was approved unanimously by those present. 8.9. PUBLIC HEARING RESOLUTION NO. 14-16 APPROVING THE THIRD AMENDMENT TO WATER SERVICE AGREEMENT (TOWN ENGINEER JUSTIN HILDRETH) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Reynolds moved to approve Resolution No. 14-16 Approving the Third Amendment to Water Service; Councilor Dantas seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET Page 4 8.10. PUBLIC HEARING RESOLUTION NO. 2014-17 AMENDING THE GENERAL FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Mayor Carroll opened the Public Hearing, no comments were made. Councilor Wolf moved to approve Resolution No. 2014-17, a Resolution Amending the General Fund Budget; Councilor Reynolds seconded the motion, and it was approved unanimously by those present. 8.11. ACTION TO APPROPRIATE $37,125 FOR CONSTRUCTION OF THE 2.15 MILE WILD WEST TRAIL FROM THE UNENCUMBERED FUND BALANCE OF THE CAPITAL IMPROVEMENT FUND (TOWN MANAGER VIRGINIA EGGER) Eric Alexander commented. Council agreed to bring back with a finalized amount. 8.12. ACTION ITEMS ASSOCIATED WITH CERTIFICATES OF PARTICIPATION FOR NOTTINGHAM PARK PAVILION (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 8.12.1. APPROVAL OF ENGAGEMENT LETTER WITH BUTLER SNOW LLP AS BOND COUNSEL Mayor Pro Tem Fancher moved to approve Engagement Letter with Butler Snow LLP as Bond Council; Councilor Wolf seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) 8.12.2. APPROVAL OF PRIVATE PLACEMENT ENGAGEMENT LETTER WITH PIPER JAFFREY Mayor Pro Tem Fancher moved to approve Private Placement of engagement letter with Piper Jaffrey; Council Wolf seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) 8.12.3. RESOLUTION 14-18 REIMBURSING THE CAPITAL IMPROVEMENT FUND FROM CERTIFICATES OF PARTICIPATION PROCEEDS FOR THE NOTTINGHAM PARK PAVILION Mayor Pro Tem Fancher moved to approve Resolution 14-18 Reimbursing the Capital Improvement Fund from Certificates of Participation Proceeds for the Nottingham Park Pavilion; Council Wolf seconded the motion, and it was approved unanimously by those present. (Councilor Evans recused himself.) 8.13. ACTION ON IGA WITH EAGLE COUNTY CONCERNING ADMINISTRATION AND CONDUCT OF NOVEMBER 4, 2014, GENERAL MAIL BALLOT ELECTION (TOWN CLERK DEBBIE HOPPE) Councilor Gennett moved to approve an IGA with Eagle County Concerning Administration and Conduct of November 4, 2014, General Mail Ballot Election; Councilor Wolf seconded the motion, and it was approved unanimously by those present. 8.14. MINUTES FROM JULY 22, 2014 MEETING (TOWN CLERK DEBBIE HOPPE) TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY AUGUST 12, 2014 AVON TOWN HALL, ONE LAKE STREET Page 5 Councilor Wolf moved to approve the minutes; Councilor Evans seconded the motion and it passed unanimously by those present. 9. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 10. COUNCIL COMMENTS Councilor Wolf asked for help to construct a couple of elements for Man on the Cliff. Mayor Carroll presented a plaque from Walking Mountains Science Center for a donation made by the Town of Avon. 11. MAYOR REPORT AND FUTURE AGENDA ITEMS 12. EXECUTIVE SESSION 12.1. DISCUSSION TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24-6- 402(2)(E) RELATED TO THE UPPER EAGLE REGIONAL WATER AUTHORITY MASTER AGREEMENT Mayor Pro Tem Fancher moved to meet in Executive Session at 9:19 p.m. to Discussion to Determine Positions relative to Matters that may be subject to Negotiations, Developing Strategy For Negotiations, and/or Instructing Negotiators, under C.R.S. §24-6-402(2)(e) related to the Upper Eagle Regional Water Authority Master Agreement; Councilor Gennett seconded the motion and it passed unanimously. Executive Session adjourned at 9:25 p.m. 13. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:25 pm. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Rich Carroll ________________________________ Dave Dantas ________________________________ Chris Evans ________________________________ Jennie Fancher ________________________________ Albert “Buz” Reynolds ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Justin Hildreth, Town Engineer Date: August 22, 2014 Re: Metcalf Road Bicycle Climbing Lane BACKGROUND A bicycle climbing lane on Metcalf Road, from Nottingham Road to Old Trail Road, is included in Town’s multi- year Pavement Assessment. The climbing lane is timed with the next asphalt overlay of the Metcalf Road. The Pavement Assessment rates all roads in Avon and is instrumental and important in developing the Five-Year Capital Improvement Program (CIP). The segment of Metcalf Road from Nottingham Road to Wildwood Road was last paved in 2004 and is rated as in good condition in the Pavement Assessment; and, the next segment to Old Trail Road was paved in 2006 and is in excellent condition. As a result of the good to excellent condition of Metcalf Road, an asphalt overlay of the road is scheduled for funding beyond those roads assessed and known to be in poor shape. The overlay work on Metcalf Road, therefore, is programmed, based on condition, for 2019 at the earliest. SAFETY OF METCALF ROAD FOR BICYCLISTS The goal of the bicycle climbing lane is to enhance safety for bicyclists going to Wildridge and Wildwood. With the development of the West Avon Preserve Trails, bicycle use of Metcalf Road for accessing the new trails has visibly increased, although no actual counts have been taken. It is not known if bicyclists will begin to use the internal West Avon Trails in a loop fashion as riders become more familiar with the system. To create a safe climbing lane on Metcalf Road, a four foot (4’) expanded shoulder is recommended, which would require base construction in some areas prior to paving and striping. Staff will be installing in the next two weeks a series of signs regarding the “Shared Use” of the road. BUDGET The cost to construct the entire 1.77 mile bike lane without and overlay is estimated at $900,000. The most dangerous segment of Metcalf Road for bicyclists is from Nottingham Road to 431 Metcalf Road and that segment is estimated to cost approximately $225,000. These monies are not currently included in the adopted Capital Projects Fund. CONSTRUCTION SCHEDULE The earliest the project could be constructed is spring 2015. It will take four weeks to select an engineering firm and design the project and another five weeks to bid the project and select the contractor. The earliest start date would be in November, which is when the asphalt batch plans are closing. With an estimate of three weeks to complete construction, the chance of not being able to start or finish construction is significant. In addition, the Town has witnessed the challenge of receiving competitive bids this year. An early 2015 bid may result in better odds for a lower cost especially when companies desire a “first” season project. RECOMMENDATION Staff recommends Town Council assess this project with all the other proposed projects in the 5-year CIP, which is scheduled to be presented at the September 23, 2014, Town Council meeting. TOWN COUNCIL REPORT PAGE 1 OF 2 To: Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: August 20, 2014 Agenda Topic: West Avon Preserve Rules Summary Staff is requesting Council direction on the certain rules and restrictions for the West Avon Preserve (“the Preserve”) property at the August 26, 2014, Work Session. Following the construction of recent trail improvements on the West Avon Preserve, staff has met on multiple occasions with residents, trail enthusiasts and Mayor Rich Carroll in a subcommittee format to review sign design and content for the Preserve. The discussions included a wide range of topics including dog regulations and posted hours for the Preserve. As outlined in this Memorandum, some of these rules would require code amendments and/or amendments to the West Avon Management Plan. The sign design has been approved by the Planning and Zoning Commission and trailhead signs are currently being constructed. Internal trail intersection and advisory signs are being developed with Eagle, Eagle County representatives, and Vail representatives to create a unified and consistent look throughout the region. Existing Dog Restrictions 6.04.060, Control, Avon Municipal Code (AMC). (a) It is the duty of any owner or keeper of a dog or cat to keep such dog or cat under control, as herein defined, so as to prevent the dog or cat from: (1) Running at large; (2) Becoming a danger to persons or property; (3) Trespassing on the property of another; (4) Being a public nuisance as defined in Section 6.04.230. Control means physical restraint or influence over a cat or dog by means of a leash, cord or chain no longer than ten (10) feet in length. Proposed Dog Restrictions The recommended changes would amend Title 6: Animals, AMC, stating that dogs are permitted off-leash at all times, under voice control, with owners required to carry leashes. These changes were found to be consistent with current behaviors on the Preserve, while maintaining enforcement abilities for nuisance pets. Existing Hours The West Avon Management Plan states that the Preserve will be open to the public one hour prior to sunrise and close one hour past sunset. The AMC grants authority to the Town Manager to set all posted hours for public parks. TOWN COUNCIL REPORT PAGE 2 OF 2 Proposed Hours As recommended, the posted hours would be 5:00 am to either 10:00 pm or 11:00 pm. This would require an amendment to the West Avon Management Plan. The subcommittee discussed the desire to use the property in winter months at later times. Also, impacts associated with neighbors living near trailheads at late hours were evaluated. Council is asked to finalize the hours. Other Proposed Restrictions The following regulations would be posted at major trailheads. These are sourced from Town Code, the West Avon Management Plan, and the Trails Plan: • No Motorized Vehicles • Clean up after your pet • No Camping • No Smoking • No alcoholic beverages • No fires/fireworks • Stay on the trail! • No Commercial Use • Dogs must be leashed or under voice control • No Hunting Recommendation Provide direction on the recommended changes and posted rules and regulations. Staff intends to proceed with sign graphic and text layouts to facilitate sign installation prior to the October 11th grand opening of the Preserve on October 11th. Attachment: Trailhead sign TOWN OF AVON - WEST AVON PRESERVE BEAVER CREEK POINT TRAILHEAD TRAIL RULES & ETIQUETTE THIS TRAIL EXISTS DUE TO THE LOVE OF OUR PARTNER SPONSORS: THIS TRAIL WEST AVON PRESERVE JUNCTION 2 FISCAL YEAR 2014 FINANCIAL REPORT August 26, 2014 ______________________________________________________________________________________ 1. Fiscal Year 2014 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – June 2014 3. Real Estate Transfer Tax Report and Monthly Detail – July 2014 4. General Fund Year-To-Date Expenditures- July 2014 5. Fleet Maintenance Fund Year-To Date Expenditures- July 2014 6. Transit Fund Year-To Date Expenditures- July 2014 7. DestiMetrics Executive Summary- July 2014 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: August 20, 2014 Re: Fiscal Year 2013 Financial Report – June/July 2014 Revenues: SALES TAX • Sales tax revenue for the month of June is up $48,188.13 or 9.83% compared to June 2013, and up 7.39% compared to the monthly budget. This increase includes $36,700 from new businesses, and after adjusting for new business growth, 2.34% is the actual gain in revenue for the month. Year-to-date sales tax from new businesses makes up 43.51% of total growth. June 2014 sales tax revenue is the highest ever for the month of June. • June collections are down compared to 2013 for several industries including: Miscellaneous Retail at ($11,473.15) or (31.63%), Accommodations at ($12,798.02) or (18.87%), Sporting Goods Rental/Retail at ($2,441.66) or (6.25%) and Service related businesses are down (1,494.07) or (7.17%). The decrease in Miscellaneous Retail is largely due to a business closure in this industry and a business miscoded to Miscellaneous Retail that was removed and placed in the correct category. Revenue from Home/Garden is up 26.81% for the month, Restaurants/Bars are up almost $9,000 or 9.50% and Other is up $48,977.77, or 77.78%. The large increase in other can be partially attributed to several new businesses in the specialty trade contractors category, as well as substantial growth from existing business. ACCOMMODATIONS TAX • Accommodations tax revenue for June is down ($12,346.68), or (18.54%) compared to June 2013, and down (20.89%) compared to the monthly budget. Year-to-date accommodations tax is up 7.69% compared to 2013 and 4.59% compared to the budget. • June accommodations tax collections are up for Time Shares at an increase of 5.97% or $636.18 Hotels and Vacation Rentals are down (20.19%) and (40.45%) respectively. REAL ESTATE TRANSFER TAX • 2014 real estate transfer tax collections for July equal $141,051.52. This is a (63.50%) decrease from July 2013, but .06% over the monthly budget. One large commercial sale in July 2013 significantly boosted the monthly total last year. Year to date collections are at 90.01% of the total budgeted amount. Expenditures: • General Fund expenditures at the end of July are 56.96% of the budgeted amounts. • Fleet expenditures to date are at 57.85% of the total budget. • Transit funds are 54.44% spent compared to the annual appropriation. This includes $177,168.48 for gondola operations during the 2014 portion of the ski season. DestiMetrics: • Avon’s occupancy was at 55.4% for the month of July, which is a 7.8% increase over July 2013. The average daily rate and RevPAR were both also up at 7.8% and 16.3% above 2013. • August’s anticipated occupancy is 27.7%, a (10.0%) decrease compared to 2013, and August’s anticipated average daily rate and RevPAR are also down at (3.3%) and (13.1%) • Looking back at the past six months, occupancy was up 5.9% while average daily rate was up 3.8% and revenue per average room night increased 9.8% over 2013. • Occupancy for the upcoming six months on the books is (3.0%) lower than 2013 at 10.1%. • Rooms booked during July 2014 for arrival July – December has decreased by (16.1%) compared to rooms booked during July 2013 for arrival in the following six months. TOWN OF AVON SALES TAX WORKSHEET 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance from 2013 January 552,648.47$ 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 319,833.51 309,937.09 305,269.73 304,220.84 307,407.13 314,395 381,839.56 67,444.43 24.21% May 267,960.76 242,830.16 236,424.93 270,082.79 309,938.72 316,984 340,332.28 23,348.02 9.81% June 396,066.29 377,920.42 406,828.27 430,588.57 490,329.18 501,475 538,517.31 37,041.94 9.83% 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$ 3,366,576.41$ 152,550.54$ 7.13% Actual Collections $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 2010 2011 2012 2013 2014 Year Sales Tax Collections for June TOWN OF AVON SALES TAX WORKSHEET 2014 Actual vs. Budget $- $300,000 $600,000 $900,000 $1,200,000 $1,500,000 $1,800,000 $2,100,000 $2,400,000 $2,700,000 $3,000,000 $3,300,000 $3,600,000 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 31,626.02 4,344.26 19.37% May 19,090.36 12,425.51 15,152.82 16,664.44 24,527.17 25,256 21,961.97 (3,294.01) -10.46% June 34,439.33 32,857.68 49,999.66 56,012.17 66,578.91 68,557 54,232.23 (14,325.04) -18.54% 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$ 556,586.45$ 24,407.95$ 7.69% Actual Collections - 10,000.00 20,000.00 30,000.00 40,000.00 50,000.00 60,000.00 70,000.00 2010 2011 2012 2013 2014 Accommodations Tax Collections for June Town of Avon Real Estate Transfer Tax Budget YTD Collections $ change % of change 2009 2010 2011 2012 2013 2014 2014 2013 2013 January 34,468.00$ 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 72,955$ 85,126.74$ 62,591.74$ 277.75% February 95,703.38 362,719.22 230,705.50 41,750.07 55,872.69 142,823 562,219.70 506,347.01 906.25% March 6,023.70 284,243.65 187,099.47 84,760.49 125,927.64 124,906 50,375.06 (75,552.58) -60.00% April 92,238.95 210,185.30 249,482.30 219,195.80 144,437.80 166,202 197,656.36 53,218.56 36.85% May 37,803.12 112,431.30 187,668.62 270,170.12 121,784.12 132,494 183,745.60 61,961.48 50.88% June 365,324.28 66,271.14 49,606.58 169,040.47 90,309.74 134,436 220,009.15 129,699.41 143.62% July 208,800.24 63,509.36 46,707.37 71,057.40 386,434.78 140,963 141,051.52 (245,383.26) -63.50% August 87,827.30 88,823.40 106,785.21 232,505.93 97,579.70 111,375 September 159,877.84 159,861.96 140,876.56 96,389.34 157,010.67 129,619 October 205,537.52 222,575.20 64,005.33 176,889.62 169,839.80 152,280 November 131,944.57 115,654.16 98,057.44 150,549.86 112,491.82 110,500 December 336,431.50 236,117.45 198,448.03 145,134.57 83,382.60 181,447 Total 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 1,600,000$ 1,440,184.13$ 492,882.36$ 52.03% Budget 1,600,000$ Variance, Favorable (Unfavorable)(159,815.87) Actual Collections $- $150,000.00 $300,000.00 $450,000.00 $600,000.00 $750,000.00 $900,000.00 $1,050,000.00 $1,200,000.00 $1,350,000.00 $1,500,000.00 2010 2011 2012 2013 2014 YTD Real Estate Transfer Tax Collections Town of Avon Real Estate Transfer Tax July 2014 Collections Detail Purchaser Name Property Amount Received Balance Forward 1,299,132.61$ Land Title - Hacker Falcon Pointe #304, wk 21 20.00 Land Title - Eckert Falcon Pointe #304, wk 31 63.80 Land Title - Young Falcon Pointe #204, wk 29 63.80 Land Title - Ferguson Falcon Pointe #105, wk 1 63.80 Heritage Title - Clery 2133 Long Spur #A 9,100.00 Title Co of the Rockies - Cawley 218 Riverfront Ln #2305 A & B, wk 3 340.00 Title Co of the Rockies - Jones Mtn Vista #1322-24, wk 16 118.00 Title Co of the Rockies - Hinojosa & De Deleze 218 Riverfront Ln #2305 A & B, wk 4 339.90 Title Co of the Rockies Christie Lodge CL#40 3,054.40 Land Title - Snare 218 Riverfront Ln #506 40,400.00 Land Title - Mattes and Mirmelstein 2410 Saddle Ridge Lp 5,880.00 Land Title - Kuehn 1015 W Wildwood Rd #7 12,200.00 Title Co of the Rockies - Lawes Mtn Vista #1403, wk 12 78.00 Land Title - Yeager Falcon Pointe #408, wk 18 63.80 Lant Title - Engleby RE Investments 211 Nottingham Rd #B - Balas Townhouse Condos 6,680.00 Title Co of the Rockies Christie Lodge CL#39 2,065.90 Land Title - Fox & Torres 998 W Beaver Creek Blvd #C-303 4,390.00 Title Co of the Rockies - Price Mtn Vista #1327, wk 19 138.00 Chicago Title Riverfront #14-27 472.00 Chicago Title Riverfront #14-28 1,114.00 Title Co of the Rockies Christie Lodge #38 2,288.50 Title Co of the Rockies Mtn Vista #14-27 1,291.90 Title Co of the Rockies Christie Lodge #37 2,224.00 Stewart Title - Newman 5768 Wildridge Rd #A 12,380.00 Heritage Title - Burghaus 1061 W Beaver Creek Blvd #N-202 1,300.00 Land Title - 150 E Beaver Creek LLC 150 Beaver Creek Blvd #A-101 8,112.80 Stewart Title - Mendez 1061 W Beaver Creek Blvd #M-101 1,300.00 Land Title - Zimmerman 760 W Beaver Creek Blvd #105- Stone Creek 5,380.00 Stewart Title - Poeschel 440 W Beaver Creek Blvd #C-301 - Buck Creek 10,278.92 Land Title - Schein 2530 Old Trail Rd #D - Snowberry Townhomes 4,050.00 Land Title - Lipton 600 Nottingham Rd #3 - Bristol Pines 5,800.00 Total July Revenue 141,051.52 Total YTD Revenue 1,440,184.13 Total 2014 Budget 1,600,000.00 Variance, Favorable (Unfavorable)(159,815.87)$ Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 578,920$ 2,590$ 380,645$ 195,685$ 66.20% 112 Boards and Commissions 15,299 - 6,232 9,067 40.73% 113 Town Attorney 155,000 69,030 98,949 (12,979) 108.37% 115 Town Clerk 153,927 7,015 108,071 38,841 74.77% Total Legislative 903,146 78,635 593,897 230,614 74.47% Judicial: 121 Municipal Court 98,235 12,423 51,131 34,681 64.70% Executive: 131 Town Manager 294,403 243 129,752 164,408 44.16% 132 Human Resources 229,806 1,809 127,416 100,581 56.23% 133 Community Relations 111,569 - 62,968 48,601 56.44% Total Executive 635,778 2,052 320,136 313,590 50.68% Finance Department: 141 Finance 741,372 2,431 379,509 359,432 51.52% 143 Information Systems 337,296 2,303 200,104 134,889 60.01% 149 Nondepartmental 290,998 14,031 220,832 56,135 80.71% Total Financial Administration 1,369,666 18,765 800,445 550,456 59.81% Total General Government 3,006,825 111,875 1,765,609 1,129,341 62.44% Community Development: 212 Planning 245,489 4,453 124,521 116,515 52.54% 213 Building Inspection 127,353 - 68,544 58,809 53.82% 214 Economic Development 111,605 3,319 44,648 63,638 42.98% Total Community Development 484,447 7,772 237,713 238,962 50.67% Police Department: 311 Administration 553,701 15,573 283,909 254,219 54.09% 312 Patrol 1,964,620 26,282 994,631 943,707 51.96% 313 Investigations 221,354 - 125,854 95,500 56.86% Total Police 2,739,675 41,855 1,404,394 1,293,426 52.79% Public Works: 412 Engineering 219,703 834 112,018 106,851 51.37% 413 Roads and Bridges 1,377,518 87,615 705,309 584,594 57.56% Total Public Works 1,597,221 88,449 817,327 691,445 56.71% Department Expenditure Summaries General Fund #10 July 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 July 2014 Expenditures to Date Parks and Recreation: 513 Special Events 427,106 11,959 239,400 175,747 58.85% 514 Administration 223,113 4,192 127,454 91,467 59.00% 515 Adult Programs 28,657 480 13,749 14,428 49.65% 516 Aquatics 394,409 8,912 218,764 166,733 57.73% 517 Childcare 36,486 - 18,882 17,604 51.75% 518 Fitness 158,237 408 111,929 45,900 70.99% 519 Guest Services 235,050 4,472 113,209 117,369 50.07% 521 Youth Programs 118,979 338 60,219 58,422 50.90% 522 Cabin 43,643 - 16,477 27,166 37.75% 551 Parks & Grounds 1,065,325 44,686 531,670 488,969 54.10% 571 Buildings & Facilities 1,053,353 51,145 561,420 440,788 58.15% Total Parks and Recreation 3,784,358 126,592 2,013,173 1,644,593 56.54% TOTAL OPERATING EXPENDITURES 11,612,526$ 376,543$ 6,238,216$ 4,997,767 56.96% 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$ 47,169$ 847,244$ 651,729$ 57.85% Total Operating Expenditures 1,546,142 47,169 847,244 651,729 57.85% TOTAL EXPENDITURES 1,546,142$ 47,169$ 847,244$ 651,729$ 57.85% Expenditure Summary Fleet Maintenance Enterprise Fund #61 July 2014 Expenditures to Date Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 219,197$ 3,560$ 112,918$ 102,719$ 53.14% 432 Transit Operations 997,403 2,417 583,365 411,621 58.73% 435 Wash Bay 189,479 7,263 55,886 126,330 33.33% Total Operating Expenditures 1,406,079 13,240 752,169 640,670 54.44% TOTAL EXPENDITURES 1,406,079$ 13,240$ 752,169$ 640,670$ 54.44% Expenditure Summary Transit Enterprise Fund #52 July 2014 Expenditures to Date Destination: Avon Destination Period: Bookings as of July 31, 2014 Data based on a sample of up to 10 properties in the Avon Destination destination, representing up to 727 Units ('DestiMetrics Census'*) a. Last Month Performance: Current YTD vs. Previous YTD 2014/152013/14 Year over Year % Diff 55.4%51.4%7.8% $165$153 7.8% $92$79 16.3% b. Next Month Performance: Current YTD vs. Previous YTD 27.7%30.8%-10.0% $154$159 -3.3% $43$49 -13.1% c. Historical 6 Month Actual Performance: Current YTD vs. Previous YTD 47.9%45.3%5.9% $190$183 3.8% $91$83 9.8% d. Future 6 Month On The Books Performance: Current YTD vs. Previous YTD 10.1%10.4%-3.0% $188$181 4.2% $19$19 1.0% e. Incremental Pacing - % Change in Rooms Booked last Calendar Month: Jul. 31, 2014 vs. Previous Year 5.1%6.0%-16.1% Avon Destination Occupancy for the prior 6 months changed by (5.9%)Occupancy Avon Destination RevPAR for last month (July) changed by (16.3%)RevPAR (July) RESERVATIONS ACTIVITY REPORT Avon Destination Executive Summary Avon Destination Occupancy for last month (July) changed by (7.8%)Occupancy (July) Avon Destination Average Daily Rate for last month (July) changed by (7.8%) Avon Destination Occupancy for next month (August) changed by (-10.0%)Occupancy (August) Avon Destination Average Daily Rate for next month (August) changed by (-3.3%)ADR (August) Avon Destination RevPAR for next month (August) changed by (-13.1%)RevPAR (August) ADR (July) Avon Destination Occupancy for the upcoming 6 months changed by (-3.0%)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 (3.8%)ADR Avon Destination RevPAR for the prior 6 months changed by (9.8%)RevPAR Avon Destination Average Daily Rate for the upcoming 6 months changed by (4.2%)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 (1.0%)RevPAR Rooms Booked during last month (July, 2014) compared to Rooms Booked during the same period last year (July, 2013) for arrival July to December has changed by (-16.1%)Booking Pace (July) 8/6/2014 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