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TC Council Packet 01-27-2015 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 27, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM REGULAR MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 1 PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 2) REGULAR MEETING BEGINS AT 5:15 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. ACTION ITEMS 4.1. ACTION ON THE PURCHASE AND SALE AGREEMENT WITH POINTS OF COLORADO FOR LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION AKA THE SKIER BUILDING (MAYOR JENNIE FANCHER) 4.2. ACTION ON REQUEST FOR CALENDAR DATES AND FUNDING FOR THE FLAVORS OF COLORADO FESTIVAL ON JULY 24TH-26TH IN NOTTINGHAM PARK AND ON THE PERFORMANCE PAVILION (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 4.3. ACTION ON REQUEST FOR CALENDAR DATES AND FUNDING FOR A LATIN JAM FESTIVAL ON SEPTEMBER 18TH AND 19TH AT THE PERFORMANCE PAVILION (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 4.4. RESOLUTION NO. 15-01, SERIES OF 2015, PRATER LANE DAYCARE LICENSE AGREEMENT (TOWN ENGINEER JUSTIN HILDRETH) 4.5. PUBLIC HEARING RESOLUTION NO. 15-03, SERIES OF 2015, A RESOLUTION AMENDING THE WILDRIDGE PUD FOR LOT 10, BLOCK 3, WILDRIDGE SUBDIVISION (TOWN PLANNER BRIAN GARNER) 4.6. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR WINTERWONDERGRASS (TOWN CLERK DEBBIE HOPPE) 4.7. MINUTES FROM JANUARY 13, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) 5. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 5.1. COLORADO ASSOCIATION OF SKI TOWNS (MAYOR JENNIE FANCHER) 5.2. VAIL VALLEY PARTNERSHIP ECONOMIC DEVELOPMENT ADVISORY COUNCIL (MAYOR JENNIE FANCHER) 6. MAYOR & COUNCIL COMMENTS 7. WRITTEN REPORTS 7.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 7.2. GIFT REPORTING – 2015 AWSC SILVER-LEVEL VIP PASSES AND BEAVER CREEK PARKING MEDALLIONS (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 7.3. WILDRIDGE SHUTTLE REQUEST (TRANSIT SUPERINTENDENT JANE BURDEN) 8. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC) 8.1 MEET PURSUANT TO COLORADO REVISED STATUTE §24-6 -402(4) (F) F OR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATED TO THE ANNUAL PERFORMANCE GOALS OF THE TOWN MANAGER 9. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 27, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE SCHOOL EVENT NAME: WINTERWONDERGRASS MUSIC AND BREW FESTIVAL (3ND ANNUAL) EVENT ADDRESS: HARRY A. NOTTINGHAM PARK, ONE LAKE STREET EVENT MANAGER: MICHAEL WELLE EVENT DATES / TIMES: FEBRUARY 20, 2015, 2:00 P.M. UNTIL 10:30 P.M. FEBRUARY 21, 2015, 2:00 P.M. UNTIL 10:30 P.M. FEBRUARY 22, 2015, 2:00 P.M. UNTIL 10:00 P.M. 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: SVO COLORADO MANAGEMENT INC. D/B/A SHERATON MOUNTAIN VISTA LOCATION: 160 BEAVER CREEK WEST TYPE: HOTEL AND RESTAURANT MANAGER: DAVID WEISS 5.2. APPLICANT: BOB’S PLACE, LLC D/B/A BOB’S PLACE LOCATION: 100 W. BEAVER CREEK BLVD. TYPE: HOTEL AND RESTAURANT MANAGER: BOB DOYLE 5.3. APPLICANT: 7-ELEVEN, INC. D/B/A 7-ELEVEN STORE 34209 LOCATION: 008 NOTTINGHAM ROAD TYPE: 3.2% BEER OFF PREMISES MANAGER: MARIA PORTARESCU 6. MINUTES FROM JANUARY 13, 2015 7. ADJOURNMENT TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 13, 2015 AVON TOWN HALL, ONE LAKE STREET LA 01-13-2015 Minutes.docx Page 1 1. CALL TO ORDER AND ROLL CALL Mayor Jennie Fancher called the meeting to order at 5:30pm. A roll call was taken and Board members present were Matt Gennett, Megan Burch, Scott Prince,Jake Wolf, Sarah Smith Hymes, Albert “Buz” Reynolds, Jennie Fancher. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Executive Assistant to the Town Manager Preston Neill, and Deputy Town Clerk Richelle Curran, as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT- GENERAL COMMENTS ARE WELCOME No public comments made. 4. ELECTION OF AVON LIQUOR AUTHORITY CHAIRPERSON AND VICE CHAIRPERSON Board member Albert “Buz” Reynolds moved to appoint Mayor Jennie Fancher as Chairperson; Board member Sarah Smith Hymes seconded the motion and it passed unanimously with those present. Matt Gennett moved to appoint Mayor Pro Tem Jake Wolf as Vice Chairperson; and Mayor Jennie Fancher seconded the motion and it passed unanimously with those present. 5. PUBLIC HEARING SPECIAL EVENTS PERMIT 5.1. Applicant Name: Walking Mountains Science Center Event Name: 2015 Alpine World Ski Championships – Après Avon Series Event Dates: February 3rd t0 February 14, 2015; 9:00 a.m. until 6:00 p.m. Location: Avon Pedestrian Mall Event Manager: Michael Welle The application was presented by Michael Welle; the application’s event hours of operation were updated too 9:00 a.m. until 6:00 p.m. Board member Jake Wolf moved to approve the Walking Mountains Science Center Special Events Permit; and Board member Megan Burch seconded the motion and it passed unanimously with those present. 6. PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LICENSE 6.1. Applicant Name: PHO 20, LLC d/b/a PHO 20 Location: 47 E. Beaver Creek Blvd Unit C13-C14 Type: Hotel and Restaurant License Owner Chompunut Chanmanee and Cong Hoang Action: Resolution No. 15-01, Series of 2015 The application was presented to the Board with owners Chompunut Chanmanee and Cong Hoang present. The Board raised no concerns regarding the renewal application. Public comment was issued by Executive Director of Operations Rick Tamaron of the Christy Lodge expressing positive reassurance of tenant PHO 20 obtaining their liquor license. Board member Matt Gennett moved to approve the Hotel and Restaurant Liquor License for PHO 20, LLC d/b/a PHO 20; and Board member Albert “Buz” Reynolds seconded the TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 13, 2015 AVON TOWN HALL, ONE LAKE STREET LA 01-13-2015 Minutes.docx Page 2 motion and it passed unanimously with those present. 7. RENEWAL OF LIQUOR LICENSES 7.1. Applicant: Columbine Bakery, Inc. d/b/a Columbine Bakery Location: 51 Beaver Creek Place Type: Hotel and Restaurant Manager: Daniel Niederhauser The application was presented with no concerns from the Board for the renewal application. Board member Albert “Buz” Reynolds moved to approve the Hotel and Resturant Liquor License for Columbine Bakery, Inc. d/b/a Columbine Bakery; and Board member Sarah Smith Hymes seconded the motion and it passed unanimously with those present. 7.2. Applicant: 7-Eleven, Inc. d/b/a 7-Eleven Store 34209 Location: 008 Nottingham Road Type: 3.2% Beer Off Premises Manager: Maria Portarescu The application was presented, and Board member Albert “Buz” Reynolds raised concern of the 11/17/2014 failed state liquor compliance check. Board member Albert “Buz” Reynolds motioned to table the 3.2% Beer Off Premises renewal until the January 27,2015 Regular Town Council meeting to review the infraction; and Board member Jake Wolf seconded the motion and it passed unanimously with those present. 7.3. Applicant: Miller’s Bottle Shop, LLC d/b/a Joe’s Liquors Location: 1060 W. Beaver Creek Blvd. Type: Liquor Store Manager: Scott Seit The application was presented with no concerns from the Board for the renewal application. Board member Jake Wolf moved to approve the Liquor Store Miller’s Bottle Shop, LLC d/b/a Joe’s Liquors; and Board member Matt Gennett seconded the motion and it passed unanimously with those present. 7.4. Applicant: HCCL, LLC d/b/a Boxcar Location: 182 Avon Road, Suite 208 Type: Hotel and Restaurant Manager: Cara Loff The application was presented to the Town Council; with owner Hunter Chamness present. The Board raised no concerns regarding the renewal application. Board member Scott Prince moved to approve the Hotel and Resturant HCCL, LLC d/b/a Boxcar; and Board member Jake Wolf seconded the motion and it passed unanimously with those present. 8. MINUTES FROM NOVEMBER 18, 2014 Board member Jake Wolf moved to approve the Minutes from November 18, 2014; Board member Matt Gennett seconded the motion and; Board member Scott Prince abstained, and it passed unanimously with TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 13, 2015 AVON TOWN HALL, ONE LAKE STREET LA 01-13-2015 Minutes.docx Page 3 those present. 9. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:58 pm. RESPECTFULLY SUBMITTED: ____________________________________ Richelle Curran, Deputy Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ 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 Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Purchase and Sale Agreement for Skier Building DATE: January 23, 2015 SUMMARY: This memorandum summarizes the status of the Purchase and Sales Agreement for the Skier Building (Lot 4, Mountain Vista Resort Subdivision, Town of Avon) and outlines the Town’s legal options. The Purchase and Sales Agreement was approved by Ordinance No. 14-16. At the same time as approving Ordinance No. 14-16 the Avon Town Council also approved Ordinance No. 14-17 authorizing Certificate of Purchase financing for the acquisition and interior finishing of the Skier Building. A citizens referendum resulted in referring Ordinance No. 14-17 to a special election on January 20, 2015. The voters rejected Ordinance No. 14-17 at the special election. TERMS OF PURCHASE AND SALE AGREEMENT: Currently, the Purchase and Sales Agreement is still a valid contract. The current Closing Date is on or before February 12, 2015. Ordinance No. 14-16 authorized the Mayor, Town Manager and Town Attorney to extend deadlines in the Purchase and Sales Agreement, which includes the ability to extend the Closing Date. Points of Colorado (Starwood) has indicated that it would approve an extension of the Closing Date for the Purchase and Sales Agreement until end of March if requested by the Town. Due to the results of the special election, both the Town (as Buyer) and Points of Colorado (as Seller) each have the right to terminate the Purchase and Sale Agreement pursuant to ¶5.4 because the Town is not able to close on the bond issue through Certificates of Participation as set forth in ¶3.3(f). The $70,000 deposit would be returned to the Town if the Purchase and Sales Agreement is terminated for this reason. The Town may waive the Certificate of Financing contingency and proceed to Closing if the Town has sufficient cash funds available for the acquisition. Such action would require Council direction by motion but would not require adoption of a resolution or ordinance. If the Town Council desired to proceed to acquire the Skier Building with a cash closing then a resolution and public hearing will likely be required in order to amend the Town’s budget. Also, there are additional contingencies in the Purchase and Sales Agreement that cannot be completed by February 12, 2015. If it is Council’s interest to proceed with the acquisition of the Skier Building or to explore other potential options for the acquisition then I recommend approving an extension of the Closing Date to March 31, 2015. Town Council’s options at this meeting include: 1. Terminate the Purchase and Sales Agreement by motion. PROPOSED MOTION: “I move to terminate the Purchase and Sales Agreement for the Skier Building and direct the Town Attorney to prepare and deliver a written notice of termination to the seller on behalf of the Town.” 2. Extend the Purchase and Sales Agreement by motion. PROPOSED MOTION: “I move to direct the Mayor, Town Manager and Town Attorney to prepare and execute an extension of the Closing Date in the Purchase and Sales Agreement to March 31, 2015.” Thank you, Eric M EMORANDUM & PLANNING, LLC TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Danita Dempsey, Special Events Supervisor Susan Fairweather, Director of Economic Initiatives Date: January 27, 2015 Re: Proposed 2nd Year Event Approval and Funding: Flavors of Colorado BACKGROUND The Town Council, at its meeting on December 9, 2014, reviewed the Economic Development Program which included signature special events as foundational elements of the program. The special events strategy provides for multi-year funding to assist with the establishment of an event in order to gain notoriety and profitability over time. The “investment” is expected to yield revenue in future years as the event company gains profitability. The special event strategy proposed the development of up to eight signature events, including existing signature events, in Avon over the next three years. In 2014, Flavors of Colorado was added to the special events calendar as a new signature event in Avon. On March 25, 2014, the Town Council approved $132,000 in seed funding and up to $15,000 of in-kind services and direct assistance. As a first year free event and with competing events throughout the county, Flavors of Colorado met the town’s return on objective (ROO) with positive feedback from visitors and residents although attendance did not meet the first year projection of 3,000. STAFF REVIEW The opportunity to work with a proven production company and team, who knows the Vail Valley and has experienced success with new event concept development, is distinctive. Highline’s vision is commendable and reflective of Avon’s support of a more distinctive audience who value a high end event experience. The event demographic is affluent, and enjoys the experience of events such as Flavors of Colorado. This demographic will typically spend more on lodging, restaurants and shopping. The demographic included: • 25.8% of attendees have an annual income of 100K – 149K • 33.3% of attendees have an annual income of 50K to 99K • 33.3% of attendees are married with children living at home (family oriented) 59% of attendees came to Avon specifically for the event • 95% of attendees plan to return for the event in the future The selection of the 2015 event dates, July 24 -26, included consideration of known events in Eagle County and the desire to “own” the weekend as the event grows. Additionally, the July dates are during “family” vacation times and do not overlap with the school start dates for in and out of state visitors. Looking to the future, staff has identified that Flavors of Colorado has great growth potential beyond the 1,500 in attendance in its first year.  Page 2 RETURN ON INVESTMENT Highline is asking for $128,122 in direct financial support, which covers the estimated shortfall for the event. The Town supported the 2014 event with $5,015 for in kind services. No in kind services are requested for the 2015 event. The estimated ROI figures in Exhibit A include estimates on lodging, incremental spending and tax receipts. In addition, Exhibit A indicates revenues, expenses, and return on investment scenarios over a three-year period using the ROI figures provided by Highline in 2014 and extrapolated through 2017. It should be noted that events such as Vail’s “Feast! Vail” received $85,000 of funding in 2013 and “Gourmet on Gore” received $45,000 of funding in 2014 as noted in Vail’s Commission on Special Events funding allocations for 2013/2014. Although we do not know Vail’s ROI numbers, it is clear that the community values such high end events and the value they add to the community. They remain committed to their ongoing funding. The Vail Town Council conducted an independent survey analysis based on results that covered all publicly funded events in 2012. It was released in 2013 and showed the town’s overall economic return on investment in special events at $76.77 for every $1.00 spent, and a direct sales tax return of $2.37 for every $1.00 spent. The Town of Avon’s Salute to the USA is supported at $98,435 for one night. The hours are limited and the audience is primarily local during the peak summer holiday booking period. Exhibit A 2014 Forecast Amounts 2014 Actual Amounts 2015 Forecast Amounts 2016 Forecast Amounts 2017 Forecast Amounts 3,000 attendance 1,500 attendance 3,000 attendance 4,ooo attendance 5,000 attendance Estimated Revenues $124,500 $137,555 $183,122 $194,528 $201,655 Estimated Expenses $244,925 $180,768 $183,122 $194,528 $201,655 Estimated Shortfall ($120,425) ($43,213) General Fund - Special Events Reserve Contribution $120,425 $120,425 $128,122 $123,528 $114,805 Recommended holdback/music contingency $10,000 $10,000 $10,000 Estimated additional tax revenue (ROI) estimate $35,256 $14,995 $29,990 $39,990 $49,990 Actual Shortfall Estimate ($72,744) ($105,005) town ($43,213) Highline ($148,218) total ($98,132) ($83,538) ($64,815) ($148,218) = 100% Actual shortfall 34% decrease 44% decrease 56% decrease  Page 3 STAFF RECOMMENDATION Special events are integral and a key component in a resort community economy. A mix and variety brings interest, culture, liveliness and a sense of community to residents. Special events are many times the basis for return guest visits, as indicated by 95% of the respondents to the Flavors of Colorado survey. Funding special events the Town believes will grow into signature events are of special interest – with Salute to the USA and Winter Wonder Grass being an example of events being synonymous with Avon. Signature events such as Flavors of Colorado will continue to be integral in defining the Avon “brand” going forward. In our view, Flavors of Colorado continues to meet the Town’s desire to seed and support signature events – a major culinary and arts festival. The request of $128,122 needed to establish the event in its second year may seem out of proportion, but with the long view and strong understanding that funding will be reduced significantly in years five and six with an expectation that Flavors of Colorado will require some but not significant funding after that, a significant allocation seems important in continuing with this signature event. A commitment of $128,122 for event production seems reasonable with the removal of the contingency funding and in kind services and Highline Entertainment sharing in the risk. MOTION If Council wishes to proceed, a motion should be made and include one or more of the following: • Approval of event dates of July 24-26, 2015 • Approval of $128,122 in production support to be appropriated from the general fund and assigned to the special events fund balance, leaving a remaining balance of $171,878. • Approval of the Town Manager to sign an agreement for production, including but not limited to, all planning and producer performance dates, insurance, indemnification, deposits, marketing plan, security and law enforcement plan, demographic data collection and other metrics as may be determined and reporting requirements ATTACHMENTS 2014 Post Survey Results Co n f i d e n t i a l a n d P r o p r i e t a r y At t e n d e e P o s t E v e n t S u r v e y 21 Co n f i d e n t i a l a n d P r o p r i e t a r y Me t h o d o l o g y Th e T o w n o f A v o n a n d H i g h l i n e w o r k e d t o g e t h e r i n J u n e t o d e v e l o p a s e t o f k e y qu e s t i o n s t h a t w o u l d p r o v i d e k e y i n s i g h t s i n t o t h e a t t e n d e e s o f t h e e v e n t a s w e l l as t h e o v e r a l l e v e n t i t s e l f . I t w a s d e t e r m i n e d t h a t a f o l l o w - u p s u r v e y v s . o n - s i t e in t e r c e p t s u r v e y w o u l d p r o v i d e m o r e d e t a i l e d i n f o r m a t i o n . At t e n d e e s s i g n e d u p o n - s i t e f o r f r e e t o b e e n t e r e d t o w i n a F l a v o r s o f C o l o r a d o Pr i z e p a c k a g e . T h i s s i g n - u p p r o v i d e d a p o o l o f e m a i l s t h a t w o u l d t h e n b e u s e d f o r th e f o l l o w - u p c o m m u n i c a t i o n a n d p o s t - e v e n t s u r v e y . A p o s t - e v e n t , f o l l o w - u p e m a i l w a s s e n t o u t t o t h e d a t a b a s e o f a t t e n d e e s w h o pr o v i d e d t h e i r i n f o r m a t i o n o n - s i t e . T h e e m a i l r e q u e s t e d t h e a t t e n d e e s t o p r o v i d e fe e d b a c k o n t h e e v e n t . T h o s e s u r v e y e d h a d t o b e a t l e a s t 1 8 y e a r s t o c o m p l e t e . Es t i m a t e d U n i q u e A t t e n d e e s = 1 , 0 0 0 Po s t E v e n t S u r v e y s E m a i l e d = 2 1 8 ( 2 2 % o f e v e n t a t t e n d e e s ) Su r v e y R e s p o n s e s = 9 3 ( 4 3 % r e s p o n s e f r o m t h o s e s u r v e y e d / 9 % o f a t t e n d e e s ) 22 Co n f i d e n t i a l a n d P r o p r i e t a r y Po s t - E v e n t S u r v e y R e s u l t s 23 Co n f i d e n t i a l a n d P r o p r i e t a r y Po s t - E v e n t S u r v e y R e s u l t s 24 Co n f i d e n t i a l a n d P r o p r i e t a r y Po s t - E v e n t S u r v e y R e s u l t s 25 Co n f i d e n t i a l a n d P r o p r i e t a r y Po s t - E v e n t S u r v e y R e s u l t s 26 Co n f i d e n t i a l a n d P r o p r i e t a r y Po s t - E v e n t S u r v e y R e s u l t s 27 Co n f i d e n t i a l a n d P r o p r i e t a r y Po s t - E v e n t S u r v e y R e s u l t s 43 . 0 % 40 . 9 % 46 . 2 % 8. 6 % 2. 2 % 6. 5 % 25.8% 15 . 1 % 1. 1 % 9. 7 % 11 . 8 % 24.7% 5. 4 % 28 Co n f i d e n t i a l a n d P r o p r i e t a r y Po s t - E v e n t S u r v e y R e s u l t s 40 . 9 % 35 . 5 % 51 . 6 % 9. 7 % 2. 2 % 94.6% 5. 4 % 29 Co n f i d e n t i a l a n d P r o p r i e t a r y 15 . 1 % 9. 7 % 21 . 5 % 53 . 8 % 41.9% 58.1% 15 . 1 % 61.3% Po s t - E v e n t S u r v e y R e s u l t s 30 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Danita Dempsey, Special Event Supervisor Susan Fairweather, Director of Economic Initiatives Date: January 27, 2015 Re: Latin Music Festival – 2 Day Music Festival – September 18 – 19, 2015 BACKGROUND The Town Council at its meeting on December 9, 2014 reviewed the Economic Development Program which included signature special events as foundational elements of the program. The special events strategy provides for multi-year funding to assist with the establishment of an event in order to gain notoriety and profitability over time. The “investment” is expected to yield revenue in future years as the event producer gains profitability. The special event strategy proposed the development of up to eight signature events, including existing signature events, in Avon over the next three years. STAFF REVIEW The opportunity to work with a proven producer/owner, who knows the Latin community both locally and internationally and is integrated into the musician and production scene, is unique. In addition, Carlos Mercado’s vision and passion is commendable and reflective of Avon’s support of a diverse mix of special events and provides an enriching experience for the cultural fabric of our community. The combination of broad-appeal Latin based music, a smaller number of attendees, heritage/cultural and family engagement, authentic food and spirits and a thoughtful approach to seeding and conservative growing of the event is worthy of strong support. Staff reviewed competing events, including the El Grito music festival held in Gypsum on Sunday, September 13th and concluded that September 18-19, following the traditional Mexican Independence Holiday on Wednesday, September 16, would be an optimal date for the new festival and would likely garner support from the local community. The proposal asks for an in-kind commitment for police, bus transportation, traffic direction and banner installation/removal up to $10,000. Using Winter Wonder Grass Music Festival as a model, a similar security and law enforcement plan will be utilized working in collaboration with the promoter, Chief Ticer, and town staff. The approach will be one which parallels Winter Wonder Grass, Reds, Whites & Brews and other outdoor music venues around the State of Colorado. Security for the event, which will be hired by the producer, will have primary responsibility inside the festival venue. SPECIAL EVENT TICKET FEE – To cover Town direct expenses and to build a reserve for the funding of equipment for special events, the Town passed Resolution 13-26 in 2014 to impose a $2.00 per day/per ticket fee for all ticketed special events. The Resolution explicitly identifies the uses of the money (see Exhibit A). Each ticket printed states “Town of Avon Special Event Fee: $2.00” or similar language, as approved by Town Attorney Eric Heil. Initially and over time, a ticket fee to support facilities and equipment is an appropriate assessment on the users.  Page 2 RETURN ON INVESTMENT - In addition to a request for in kind support, the Latin Music Festival is asking for $50,000 in direct financial support. The overview of the Economic Development Program, as stated above, is to seed events with an interest in creating signature events for the Town. We believe this producer has the capabilities and passion to grow the event into a signature event for the Town of Avon. To conduct a return on investment analysis over three years, an ROI Assumptions Demonstration is provided in the attached Exhibit B. The results exemplify the “difficulty” in recouping $50,000 from an event with a small population of attendees. However, the demonstration does indicate that as the event grows over time, an investment of $50,000 this year, will yield revenue in future years when no additional direct support money is anticipated from the Town. STAFF RECOMMENDATION: Special events are an integral and key component in a resort community economy, of which a mix and variety brings interest, culture, liveliness and creates a sense of community to residents. Special events are many times the basis for guest visits. Funding special events the Town believes will grow into signature events are of special interest – with Winter Wonder Grass and Salute to the USA being examples of events being synonymous with Avon. In our view, the Latin Music Festival meets the Town’s desire to seed and support a signature event – a major music festival. The in-kind services requested are logical and can be off-set by the Special Event Ticket Fee. The request of $50,000, when reviewing ROI for the first year is out of proportion, but with the long view, and a strong understanding that funding will diminish in years 4 and 5 with the expectation that the Latin Music Festival should not expect funding assistance after that, a significant allocation seems important to bringing this event to Avon. A commitment of $50,000 seems reasonable and, with Council review, an additional in- kind contribution of up to $10,000 is the recommended approach. MOTION: If Council wishes to proceed, a motion should be made and include one or more of the following: • Approval of event dates of September 18 – 19, 2015 • Approval of in-kind up to $10,000 • Approval of ticket sales not to exceed 3,000 per day • Approval of $50,000 in production support to be appropriated from the general fund assigned special events budgeted at $300,000 into the special events budget leaving a remaining balance of $250,000 • Approval of the Town Manager to sign an agreement for production, including but not limited to all planning and producer performance dates, insurance, indemnification, deposits, marketing plan, security and law enforcement plan, demographic data collection and other metrics as may be determined, and reporting requirements EXHIBITS: Exhibit A: Resolution 13-26 Exhibit B: ROI Assumptions Demonstration TOWN OF AVON, COLORADO RESOLUTION NO. 13 -26 SERIES OF 2013 A RESOLUTION IMPOSING AN ADMISSION TICKET FEE ON TICKETS FOR EVENTS HELD ON TOWN PROPERTY AND DEDICATING THE USE OF FEES COLLECTED FOR CERTAIN IMPROVEMENTS AND USES WHEREAS, the Avon Town Council has identified "Special Events" as a strategic priority to improve the Town of Avon's economic condition and to add to the quality of life for Avon residents and tourists; and, WHEREAS, the Town may regulate the use of Town parks, special event areas and other Town owned property in accordance with the Town's home rule authority, state statute and Chapter 9.40 of the Avon Municipal Code; WHEREAS, the Avon Town Council supports the passage of an Admission Ticket Fee that would be levied on all admission based special event(s) as an appropriate revenue source to fund capital facilities, equipment and infrastructure improvements for Special Events and, when appropriate, to defray Town of Avor1 expenditures in support of a special event; and to provide direction for the accounting of the revenue and (expenditure of the admission ticket fees collected. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1 - Admissions Fee Established. An "Admission Ticket Fee" is hereby established which shall be levied on every ticket for admission to a special event held on Town property for which a charge for admission is imposed by the holder of the special event permit ( "Vendor "). Any person who purchases or accepts an admission to a special event on Town property, including but not limited to Nottingham Park, other Town parks, public right -of -ways, or parking lots, is exercising a privilege of admission. Every special event Vendor who charges a price for admission to such special event to the general public shall collect the Admission Ticket Fee imposed by this Resolution in the manner set forth herein. The Town Manager may waive all or a portion of the Admission Ticket Fee for a specific special event if the Town Manager finds in the Town Manager's discretion that such waiver (1) will promote the viability of the special event, (2) will promote accessibility of Avon community to the special event, (3) is appropriate in that the impacts of the special event do not warrant the Admission Ticket Fee, or (4) the Vendor proposes such other terms, payments or benefits which equal or exceed the benefit of the Admission Ticket Fee. Beginning on the date of this Resolution, the following Admission Ticket Fee shall be levied person per ticket sold or provided as a complimentary admission: Ticket for single day admission = $2.00 Ticket for two -day admission = $4.00 Ticket for three -day admission = $6.00 Section 2 - Collection and Remittance of Admission Ticket Fee. la) The Vendor of a special event who imposes and collects a charge for admission to attendees, or any portion of attendees, shall impose and collect the Admission Ticket Fee on every ticket for admission to the special event, including any tickets or privilege of admission that are provided on a complimentary to a special event for which a charge is imposed on other attendees. The Admission Ticket Fee shall be deemed to be held in trust by the Vendor required to collect the Admission Ticket Fee until remitted to the Finance Resolution 13 -26 Admission Ticket Fee September 24, 2013 Pagel of 3 Director according to the provisions of this Resolution. The Admission Ticket Fee shall be collected at the time the admission charge is paid or at the time a complimentary ticket or privilege of admission is granted to an attendee. b) Every Vendor collecting an Admission Ticket Fee shall file with the Finance Director within thirty 30) days following the last day of the special event for which an Admission Ticket Fee is levied a statement indicating the total number of tickets and privilege of admission to the special event issued to attendees, the total amount of the Admission Ticket Fees collected by ticket type during the admissions sale period and such further information as the Finance Director may deem necessary to determine the amount of the Admission Ticket Fees collected and payable. The Vendor shall remit the entire amount of the Admission Ticket Fee collected with the statement. Section 3 — Exclusions. The Admission Ticket Fee shall not be payable by the following attendees if admitted to any festival /special event without charge. The Town Manager may limit the numbers of each type of attendee admitted without charge. a) A bona fide officer or employee of the Vendor of the special event; b) Any federal, state, city, county or Town official employee attending the event on official business; c) Any person whose admission to such special event is required for the performance of some duty or work for the operator of such special event; d) Any newspaper reporter, photographer, telegrapher, radio announcer or person performing a similar vocation who is admitted for the performance of special duties in connection with the special event and whose special duties are the sole reason for his or her presence; and /or Ile) A child under thirteen (13) years of age, who is admitted without charge. Section 4- Failure to Remit; Penalties for Non - Payment. Every Vendor required to collect an Admission Ticket Fee who fails to collect the applicable Admission Ticket Fee or any portion thereof shall be liable to the Town for the amount of the Admission Ticket Fee plus a penalty of fifteen percent (15 %) of the total amount due plus interest on the amount due and penalty at the rate set forth in Chapter 3.32 of the Avon Municipal Code plus any costs of collection incurred by the Town. Section 5 — No Assumption of Admission Ticket Fee. The Vendor of special events shall agree that the Vendor shall not represent that the Admission Ticket Fee will be assumed or absorbed by the Vendor, that Admission Ticket Fee will not be added to the selling price of the admission sold or, if added, that it or any part thereof will be refunded. Section 6 - Printing of Admission Ticket Fee on Ticket. On each admission ticket, wristband or card sold, the following words or their equivalent identifying the amount of Admission Ticket Fee levied shall be conspicuously and indelibly printed, written or stamped on the face or back of that part of the ticket which is solid by the Vendor: "Town of Avon Admission Ticket Fee $2 per Day." Section 7 - Determination of Fee Due. If any Vendor required to collect and remit the Admission Ticket Fee fails 'Ito file a statement and a remittance, or if the Town Manager has reasonable cause to believe that an erroneous statement has been filed, the Town Manager may proceed to determine the amount due to the Town and, in connection therewith, shall make such investigations and take such testimony and other Resolution 13 -26 Admission Ticket Fee September 24, 2013 Page 2 of 3 evidence as may be necessary. The Town shall provide at least six (6) days prior written notice to the Vendor before conducting an administrative hearing and shall provide an opportunity for the Vendor to provide testimony and evidence before the Town Manager renders a final decision. Section 8 - Right of Inspection and Audit. It shall be the duty of every Vendor to keep and preserve suitable records of all ticket types sold and such other books or accounts as may be necessary to determine the amount of the Admission Ticket Fee for the collection or payment of which the Vendor is liable. The Town Manager may make, or cause to be made the examination, inspection or audit of books, invoices, accounts and other records so kept or maintained by such Vendor. Section 9 - Collection and Payment of Disputed Fee. Should a dispute arise between the purchaser and the Vendor or between Vendor and the Town Manager as to whether the sale of admission is exempt under this Resolution, the Vendor, shall collect and the purchaser shall pay the Admission Ticket Fee, and the Vendor or purchaser shall thereupon issue a receipt or certificate, showing the names of the purchaser and Vendor, the date, price and amount of Admission Ticket Fee paid, and a brief statement of the claim of exemption. The purchaser or Vendor may apply to the Town Manager for a refund of such fees, and it shall be the duty of the Town Manager to thereupon determine the question of exemption and to provide for a refund if necessary. Section 10 — Incorporation into Special Events Permit or Contract. The terms of this Resolution shall be referenced and incorporated into any special events permit or contract for special events along with such other terms as may be deemed appropriate and necessary for the administration and enforcement of the Admission Ticket Fee. Section 11 - Town of Avon use of Admission Ticket Fees. a) All Admission Ticket Fee revenues collected shall be utilized for special event related capital facilities, equipment and infrastructure improvements, including but not limited to: i) Acquisition of assets for special events such as tenting, fencing, cord channels, staging, resource recovery, directional signage, or generators /turtle box. ii) Improvement in park and Town -owned facility infrastructure such as type and location of power, resource recovery, warm water access, grey water and grease disposal receptacles, materials for conversion of facilities for various event types, and field and trail improvements.. b) The Admission Ticket Fee revenues, with Town Manager approval, may be used to defray police, public transportation and traffic control costs when provided by the Town as an in -kind benefit for the special event. ADOPTED THIS 24TH DAY OF SEPTEMBER, 2013. DOWN, 0 TOWN COUNCIL: ATTEST: • ,9 C v AeRichCarroll, Mayor at y M Ke wn Clerk koo/;•- I, Resolution 13 -26 Admission Ticket Fee September 24, 2013 Page 3 of 3 EXHIBIT B Latin Music Festival – Friday, Sept. 18 through Saturday, Sept. 19, 2015 2015-2017 ROI ASSUMPTIONS DEMONSTRATION - 2 DAYS 2015 2016 2017 COMMODITY 2,900 per day ASSUMPTION CALCULATIONS 3,160 per day ASSUMPTION CALCULATIONS 3,970 per day ASSUMPTION CALCULATIONS TOTAL TICKETS PER DAY 2,900 3,160 3,970 TOTAL PERCENT PURCHASING 2-DAY PASSES 90% 2,610 90% 2,844 90% 3,573 TOTAL % STAYING IN LODGING 40% 1,044 40% 1,138 40% 1,430 AVERAGE PERSONS PER UNIT 2 522 2 569 2 715 AVERAGE HOTEL RATE* - 2 nights/per person $130 $135,720 $130 $147,940 $130 $185,900 4% ACCOMMODATIONS TAX $5,429.00 $5,918.00 $7,436.00 TOTAL MEALS AVAILABLE FOR WEEKEND** 7,250 7,900 6,715 9,925 TOTAL PERCENT EATING MEALS IN RESTAURANTS 85% 6,163 85% $157,803 85% 8,437 AVERAGE DAILY MEAL COST OUTSIDE VENUE*** $23.50 $144,831 $23.50 $6,313.00 $23.50 $198,270 4% SALES TAX $5,794.00 $6,715.00 $7,931.00 TOTAL PERSONS FOR THE WEEKEND 5,800 6,320 7,940 TOTAL % BUYING FOOD, RETAIL, INCREMENTAL 80% 4,640 80% 5,056 80% 6,352 AVERAGE DAILY PURCHASE AMOUNT $70 $324,800 $70 $353,920 $70 $444,640 4% SALES TAX $12,992.00 $14,157.00 $17,786.00 TOTAL TAXES $24,215.00 $26,388.00 $33,153.00 * Destimetrics: Avon Aug. 30, 2014 ** Based on 2.5-meals per person ***cevent Destination Guide: Vail, CO TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Justin Hildreth, Town Engineer Date: January 22, 2015 Agenda Topic: Resolution 15-01, Revocable License with Vail Resorts for Prater Lane Play School Playground Summary Vail Resorts (VR) is requesting a Revocable Encroachment License Agreement (License Agreement) for the Prater Lane Play School Playground which is located on Tract G, Benchmark at Beaver Creek Subdivision, which is Town-owned property. The playground has been located on Tract G for many years and was allowed on Tract G based on a hand shake agreement. This license agreement will provide for a legal framework to allow the playground to remain on Town property. Discussion The playground is approximately 67’ by 40’ and is located on the west end of Tract G near Mikela Way. The play school is located in the Season’s building which does not have a suitable area for an outside playground which is probably why the playground is on Tract G. During the design and construction of the Main Street Mall, Staff requested VR realign the fence enclosing the playground this spring. At that time, it became apparent that there needs to be legal framework for the playground located on Town property. The license agreement restricts the hours of operation, outlines insurance requirements, indemnifies the Town from liability and creates eviction procedures. The Town has not charged VR for the use of Tract G in the past and no fee is proposed for this license agreement. VR has reciprocated in the past and not charged the Town for facilities located on their property such as the Whitewater Park and Eagle Valley Trail. Staff Recommendation Staff recommends approval of Resolution 15-01, Revocable License Agreement with Vail Resorts for Prater Lane Play School Playground. Attachment A: Resolution 15-01 B: Revocable License Agreement TOWN OF AVON RESOLUTION NO. 15-01 Series of 2015 A RESOLUTION APPROVING REVOCALBE LICENSE AGREEMENT FOR PRATER LANE PLAY SCHOOL AT MAIN STREET MALL, TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION, AVON, COLORADO WHEREAS, the Town of Avon (“Town”) is the owner of Tract G, Benchmark at Beaver Creek Subdivision (“Tract G”), and WHEREAS, Vail Resorts is the owner of Prater Lane Day Care and has been using a portion of Tract G for a playground for childcare; and WHEREAS, the Town Council finds that there is not immediate plan for the Town to use the portion of Tract G and further finds that use as an outdoor playground for childcare will benefit children in the Avon community, will promote the viability of a local business by supporting an employee amenity, and will promote the Town’s goal to support activity on the Main Street Mall, and therefore, the approval of a Revocable License Agreement for Prater Lane Play School will provide a public benefit. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON THAT the Town Council hereby approves the attached Revocable License Agreement for Prater Lane Play School on Tract G, Benchmark at Beaver Creek Subdivision, Avon, Colorado. ACCEPTED, APPROVED AND ADOPTED January 27th, 2015. AVON TOWN COUNCIL BY:_____________________________ ATTEST:___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk Vail Corporation-Town of Avon License Agreement: Prater Lane January 27, 2015 Page 1 of 5 REVOCABLE LICENSE AGREEMENT THIS LICENSE AGREEMENT (“Agreement”) is entered into on January 27, 2015 between the TOWN OF AVON, a Colorado home rule municipality (the “Town”), whose address is One Lake Street, P.O. Box 975, Avon, Colorado 81620 and THE VAIL CORPORATION, a Colorado corporation as owner and operator of PRATER LANE PLAY SCHOOL (“Licensee”) whose address is c/o VRDC, PO Box 959, Avon, Colorado 81637, Attn: VRDC Legal. RECITALS A. The Town is the owner of Tract G, Benchmark at Beaver Creek, according to the recorded plat thereof. B. A certain area within Tract G is generally depicted on the attached Exhibit A (the “Town Property”) and designated thereon as “Fenced Area” which is approximately 67 feet by 40 feet in size and which is delineated by an approximately four foot tall iron railing fence. C. Such Fenced Area is adjacent to and used in concert with a unit contained within that certain mixed use building commonly known as The Seasons at Avon building (the “Seasons Building”). D. Licensee desires to enter into this License Agreement so that it may use the Town Property for the purpose of the construction, reconstruction, operation, use and maintenance of certain improvements on the Town Property for an outdoor play area related to children’s day care activities (the “Prater Lane Playground”). E. The Town has determined that Prater Lane Playground is a public benefit which provides a safe and secure outside playground for children and is in the best interest of the health, safety and welfare of the greater Avon community. F. The Town has no immediate plans for the use of the Town Property and is willing to allow the Prater Lane Playground use until such time as the Town has plans for the Town Property. G. The Town and Licensee hereby acknowledge and agree a portion of the Prater Lane Playground is on the Seasons Building land and is not subject to this Agreement. AGREEMENT NOW THEREFORE, for and in consideration of the recitals and the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: 1. For and in consideration of a fee of $10.00 and other good and valuable consideration, the Town hereby grants to Licensee a license on the Town Property for the Prater Lane Playground use for the Term (defined below). The grant of this license is made subject to the right of the Town to control the hours of use on the Town Property and to impose limitations on its use in connection Vail Corporation-Town of Avon License Agreement: Prater Lane January 27, 2015 Page 2 of 5 with construction of the Main Street Mall Project and the ongoing maintenance of Main Street Mall and Tract G, provided, however, during the Term, the Town agrees not to disrupt or halt operations of the Prater Lane Playground between the hours of 7:30 am to 5:30 pm, Monday through Friday of each week except for temporary emergency repair, replacement or maintenance of utilities which may exist under the Prater Lane Playground. Nothing in this Agreement shall waive or modify any obligation to seek building permits, variances, or other approvals 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 the provisions of the Avon Municipal Code. 2. 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 improvements permitted by this Agreement constitutes a dangerous and/or unsafe condition within a public right-of-way. 3. 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 improvements erected or maintained by the Licensee under this Agreement. 4. During the Term, Licensee shall maintain in effect Commercial General Liability insurance with limits of TWO MILLION DOLLARS ($2,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate. The policy shall include coverage for bodily injury, broad form property damage (including completed operations) and personal injury (including coverage for contractual and employee acts). The policy shall include the Town as an additional insured and shall include a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation. Certificates of insurance issued by the insurer shall be filed with the Town within ten (10) days after the date this Agreement is entered into by Licensee, and this Agreement shall not be effective until such certificate is received and approved by the Town. 5. Licensee shall keep and maintain the Town Property in a good, clean and healthful condition, making repairs as necessary at its sole cost and expense. Licensee shall be responsible for snow removal at its sole cost and expense. Licensee may, with consent of the Town staff and at its sole cost and expense, at any time and from time to time make such alterations, changes, replacements, improvements and additions to the Town Property as it may deem desirable. Any such replacements, improvements and additions shall comply with applicable law and ordinance, including the Americans with Disabilities Act. Vail Corporation-Town of Avon License Agreement: Prater Lane January 27, 2015 Page 3 of 5 6. The term of this Agreement shall commence as of the date first written above and shall terminate the earlier of (i) the day that Licensee no longer operates a children’s day care facility within the Seasons Building or (ii) the Town has provided the Termination Notice (defined below) to Licensee in the year immediately proceeding the Town’s commencement of construction for that portion of the Main Street Project which would prohibit and preclude the use of the Prater Lane Playground under this Agreement, and the Expiration Date (defined below) has occurred (the “Term”). Written notice of termination of this Agreement from the Town shall be given to Licensee no later than September 1 in any given year (the “Termination Notice”) and expiration of the License will be effectuated on July 1 of the following year (the “Expiration Date”). Upon termination, and if required by the Town, Licensee shall restore the Town Property to its original condition. 7. 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 sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth above, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 8. All terms and conditions of this Agreement are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non-defaulting party shall give the defaulting party written notice of such default, and if the defaulting party fails, neglects or refuses for a period of more than sixty (60) days thereafter to cure the default, then the non-defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect. 9. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 10. 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 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. 11. 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 improvements 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. Vail Corporation-Town of Avon License Agreement: Prater Lane January 27, 2015 Page 4 of 5 12. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to any party, its officials, employees, contractors, or agents, or any other person acting on behalf of a party and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. [Signature page follows] Vail Corporation-Town of Avon License Agreement: Prater Lane January 27, 2015 Page 5 of 5 THE VAIL CORPORATION a Colorado corporation By:____________________________ Alex Iskenderian Sr. Vice President and COO - VRDC STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this _______ day of ___________, 20__, by Alex Iskenderian as Sr. Vice President and COO - VRDC of The Vail Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires:________________ __________________________ Notary Public TOWN OF AVON By:_____________________________ Jennie Fancher, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ________________________ Debbie Hoppe, Town Clerk Eric J. Heil, Town Attorney STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing document was subscribed and sworn to before me this ________ day of ____________, 20________, by Jennie Fancher as Mayor of the Town of Avon. Witness my hand and seal. My commission expires:__________________ __________________________ Notary Public Prater Lane Play School Revocable License Agreement Exhibit A PUBLIC HEARING – PUD14006 - Minor PUD Amendment Page | 1 TOWN COUNCIL REPORT To: Mayor and Town Council From: Brian Garner, Town Planner Date: January 27, 2014 Agenda Topic: PUBLIC HEARING – Resolution 15-03 Case #PUD14006 Minor PUD Amendment for Lot 10, Block 3, Wildridge Subdivision Introduction Dominic Mauriello, the Applicant, representing Andrej & Mojca Gasperlin, the Property Owner, is requesting a Planned Unit Development (PUD) Amendment (the Application) to modify the allowed building type for Lot 10, Block 3, Wildridge Subdivision (the Property). Currently, two (2) dwelling units in the form of one (1) single-family-detached structure or one (1) duplex structure are permitted by-right. The Application is requesting the ability to amend the zoning to re-subdivide the Property to develop two (2) single-family-detached structures, and is being processed as a Minor PUD Amendment as required by the Avon Development Code. Attached to this report are a Vicinity Map and the Application materials. Process Minor PUD Amendment Process This application is processed under §7.16.060(h), Amendments to a Final PUD, AMC. Subsection (1)(ii), sets forth criteria for a Minor Amendment, while subsection (2)(ii) sets forth the review procedures for the same process. As submitted, the application meets the criteria for a Minor Amendment. Public Notification Public notices were prepared for the PZC hearing and this Town Council hearing. In compliance with the Public Hearing and Noticing requirements of the Avon Municipal Code, a mailed notice was provided to all property owners within 300’ of the property. Additionally, a notice was published in the Vail Daily newspaper on January 16, 2015. Public Hearings The Planning & Zoning Commission considered the case at the January 6, 2015 meeting. Forwarding a recommendation of approval, Council is requested to take final action on this Application through Resolution 15-03 after holding a public hearing. Proposed PUD Amendment The Property is currently undeveloped, zoned PUD and is included in the Wildridge Subdivision. The Wildridge Subdivision and PUD Plat contains a Land Use Summary table indicating the number of units entitled for each individual lot as shown in Exhibit 1 below. Highlighted is the PUBLIC HEARING – PUD14006 - Minor PUD Amendment Page | 2 subject property entitled for two (2) units in the form of either one (1) single-family-detached structure or one (1) duplex structure. Exhibit 1 – Wildridge Subdivision and PUD Land Use Summary The Application includes a narrative, response to the mandatory review criteria, and preliminary site and building design plans showing a likely development scenario. This Application is requesting to create two (2) separate lots of record that each would be permitted one (1) single-family-detached structure. Approval of this request would supersede the existing entitlement of a duplex on the lot and would only allow one (1) single-family-detached structure on each new lot. The Application proposes to keep standard Wildridge easements: ten (10) foot front Snow Storage, Maintenance Easement, and seven and one-half (7.5) foot side yard drainage and utility Easements. Setbacks would also be consistent with the current PUD standards: 1) twenty-five (25) foot front setback and ten (10) foot side and rear setback). The building height would also match existing zoning at thirty-five (35) feet. If the Council approved this Application, a Minor Subdivision application would be required prior to building permit submittal(s). Staff Analysis The proposal to allow two separate single-family-detached structures in lieu of the entitled attached-single-family (duplex) does not change the density and will have a positive effect on the mass and scale of the developed property. By separating the duplex into two structures, the PUBLIC HEARING – PUD14006 - Minor PUD Amendment Page | 3 massing is minimized revealing increased building articulation, and allows light and air between units. After reviewing the PUD review criteria below, Staff finds the Application is in conformance with the purpose of the Development Code, review criteria, and any potentially negative impact to neighboring properties has been mitigated to the fullest extent. The development pattern in this portion of Wildridge is a mix of duplex and single-family-detached homes; the proposed Application will help provide variety in building forms and create a more diverse development pattern. PUD Review Criteria Pursuant to §7.16.060(e)(4), Review Criteria, AMC, the PZC shall consider the following criteria when forming the basis of a recommendation: (i) The PUD addresses a unique situation, confers a substantial benefit to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Staff Response: The stated purposes of §7.04, Development Code, AMC, and §7.16.060, PUD, AMC, includes statements regarding the implementation of the Comprehensive Plan; regulating intensity of use; avoiding increased demands on public services and facilities; and providing for compatibility with the surrounding area, among other statements. The proposed amendment does not increase demands on public services, and provides compatible building layouts with the surrounding area. It should be noted that all other applicable development standards (parking, design standards, access requirements) would remain intact. (ii) The PUD rezoning will promote the public health, safety, and general welfare; Staff Response: The Application does not negatively affect the public health, safety and welfare. The inclusion of single-family structures on the Property is compatible with the adjacent single-family and duplex residential uses. Furthermore, the application does not propose to change from the existing residential designation. (iii) The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Staff Response: The proposed PUD amendment is part of an established PUD, and is therefore not subject to the eligibility criteria or Public Benefit requirements outlined in §7.16.060(b). Consistency with the Comprehensive Plan is required and analysis is provided below. PUBLIC HEARING – PUD14006 - Minor PUD Amendment Page | 4 The Comprehensive Plan includes this property within District 24: Wildridge Residential District. The planning principals specific to this property include the following: Site buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with existing surrounding development, and break up building bulk. The majority of the Wildridge District planning principles deal with enhancing and promoting open space connectivity. Approval of this Application would result in a greater diversity in building sizes. The break from a single duplex structure into two smaller structures has the potential to maximize sun exposure and break up building ‘bulk’. (iv) Facilities and services (including roads and transportation, water, gas, electric, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Staff Response: This PUD amendment does not change the current entitlement of two residential units; therefore the existing services can adequately serve the property. (v) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Staff Response: When compared to the existing duplex zoning, the proposed Minor PUD Amendment will not result in any adverse impacts upon the natural environment, wildlife, vegetation, or air. Storm water management is improved with more opportunities for storm water runoff between the buildings. (vi) Compared to the underlying zoning, the PUD rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and Staff Response: Approval of the PUD amendment would not result in significant adverse impacts upon other property in the vicinity as the proposed PUD Amendment maintains the existing entitled density, building setbacks and utility/drainage easements. (vii) Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Staff Response: Single-family-detached residential use is compatible in scale with current and potential uses on other properties in the vicinity of the Property. PZC Recommendation After considering public comments, the PZC recommended approval of the Application. The PZC recommendation includes the following findings: Findings: 1. The PUD amendment does not increase density, increase the amount of nonresidential land use or significantly alter any approved building scale and mass of the development. 2. The PUD amendment does not change the character of the development and maintains the intent and integrity of the PUD. 3. The PUD amendment does not result in a net decrease in the amount of open space or result in a change in character of any of the open space proposed within the PUD. PUBLIC HEARING – PUD14006 - Minor PUD Amendment Page | 5 Staff Recommendation Staff recommends that the Council approve Resolution 15-03, thereby approving the Minor PUD Amendment application for Lot 10, Block 3, Wildridge Subdivision. Attachments A: Vicinity Map B: Application Materials C: Draft Resolution 15-03 2631 4235 4243 967 4201 4211 2555 3100 50104580 4221 5191 50 01 4081 4220 2520 2511 4550 5 4590 308 57 2448 5031 4570 2660 2935 5032 2960 2670 2455 5024 2619 2610 4540 5201 4214 4181 4 0 1 0 5021 2530 4191 5203 3190 24 03 2637 2550 3 4071 2625 3150 25402643 4 0 15 2618 2 9 4 0 2900 2652 5016 2 9 2 9 3170 2605 5015 2436 4033 2909 2424 2649 2 6 4 6 4 0 4 0 2 6 4 0 2490 2 6 8 5 2 6 6 1 2 4 3 1 51 4 1 5 1 2 6 1 3 4110 4142 2 3 9 0 2410 2500 2 9 2 0 2 3 6 0 2673 4560 2470 2 3 8 0 244024852479 2475 2804 5038 3165 3121 2690 2680 4069 4057 4224 2510 4121 4123 O L D T R A IL R D W IL D R I D G E R D W J U N E C R E E K T R L LITTLE PT 0300150 FeetThis map was produced by the Community Development Department. Use of this map should be for general purposes only. Town of Avon does not warrant the accuracy of the data contained herein. Created by Community Development Department I Property Boundaries 4010 Wildridge Road   Submitted: December 4, 2014 PUD Amendment 4010 Wildridge Road West Lot 10, Block 3, Wildridge Subdivision Gasperlin Residences A. INTRODUCTION The applicants, Andrej and Mojca Gasperlin, represented by Mauriello Planning Group and Martin Manley Architects, are requesting a Minor PUD Amendment for 4010 Wildridge Road West / Lot 10, Block 3, Wildridge Subdivision. The Wildridge PUD identiﬁes Lot 10 as a 2 unit lot, allowing for a total of 2 dwelling units in the form of a duplex on the property. The applicant is requesting the Town of Avon allow for 2 single-family dwelling units on the property, maintaining the existing density allowed by the Wildridge PUD. Because the lot is located within the Wildridge PUD, a minor amendment to the PUD is required. The lot is proposed to be platted to create two, single-family lots by a future application should the PUD Amendment be approved. Similar applications have recently been approved by the Town of Avon, including: 4290 Wildridge West 5151 Longsun Lane 5684 and 5678 Wildridge Road East Wildridge Point Subdivision The Western Sage PUD The Dry Creek PUD  The property is 0.854 acres or 37,203 sq. ft. From Wildridge Road West to the 25 ft. setback, the site is relatively steep, with slopes in excess of 40%. This makes access to the site difﬁcult. However, once on the site, it is ﬂatter with consistent grades across the site. The site is proposed to be divided into two single-family lots, Lot A (west) and Lot B (east). Lot A will be approximately 20,170 sq. ft., with Lot B approximately 17,033 sq. ft. The access will be a single shared driveway. In addition, the Gasperlins are proposing a footprint limitation of 2,900 sq. ft. and a livable area limitation of 4,000 sq. ft. for each lot. Below is a conceptual design for the site: Gasperlin Residences A duplex was previously designed and approved by the Town of Avon for the lot. The design indicates the difﬁculties of designing a duplex on this site. Because it is a long, narrow lot, the duplex design runs parallel with the grades and creates a “coast to coast” duplex with an access drive that includes a full loop. The previously approved driveway was approximately 7,500 sq. ft. in area on the lot whereas the proposed driveway is approximately 5,800 sq. ft., a 22% reduction in paved surface. The previous design included a total livable area of approximately 9,352 sq. ft. and total garage area of approximately 1,800 sq. ft. Below is the site plan from this earlier design: In comparing the previously approved design to the new proposed design, the separation of the unit provides many beneﬁts including: Greenspace between the units More functional driveway access Light and air between the units North-south view corridor between the units Improves massing with more opportunity for building articulation No increase in allowable development Additional restrictions on building footprint and livable area Greater ﬂexibility in building sizes Maximizes sun exposure Breaks up building bulk Improves site drainage  Gasperlin Residences B. BACKGROUND The Town of Avon was incorporated in 1978 and Benchmark Properties created the Wildridge and Wildwood Subdivisions shortly thereafter. The Wildridge Subdivision was subsequently completely replatted in 1981. Lot 10 was platted as 0.854 acres/37,203 sq. ft. without any extraordinary development restrictions as indicated on a portion of the 1981 plat provided below: The development standards for the Wildridge Subdivision and PUD are provided on the plat. Gasperlin Residences C. ZONING A NALYSIS Location: 4010 Wildridge Road West / Lot 10, Block 3, Wildridge Subdivision Lot Size: .854 acres / 37,203 sq. ft. Zoning: Wildridge PUD Development Standard Existing Proposed Lot Size:0.854 acres / 37,203 sq. ft.Lot A: 0.46 acres / 20,170 sq. ft. Lot B: 0.39 acres / 17,033 sq. ft. Density:2 units (in duplex format)2 units (in single family format) Setbacks:25 ft. front 10 ft. side and rear 25 ft. front 10 ft. rear 25 ft. side (common lot line) Height:35 ft.35 ft. Building Footprint:No limitation Lot A: 14.4% = 2,900 sq. ft. Lot B: 17% = 2,900 sq. ft. Livable Area:No limitation 4,000 sq. ft. per unit, total of 8,000 sq. ft. Garage Area No limitation 1,000 sq. ft. per unit Gasperlin Residences D. NEIGHBOR BENEFITS The proposed building mass is being reduced from that allowed by the PUD and from the most recent approval of a duplex on the property. The proposed lot split provides for a minimum of 50 ft. between the homes developed on the lot. This provides a beneﬁt to the owner of the south side of the duplex located at 4191 Little Point / Lot 15, Block 3, Wildridge Subdivision. This home is the one in the photo below: This neighbor is the only unit with views across this site and the proposed design provides additional views through the site as a result of the PUD amendment to allow for the separation of the units. The ﬁnished ﬁrst ﬂoor elevation of the duplex unit on Lot 15 is approximately 5 ft. lower than the potential roof ridge height of the proposed homes. The home on Lot 15 has uninterrupted views to Beaver Creek and New York Mountain which will be unaffected by homes developed on the subject property.  Gasperlin Residences E. CRITERIA FOR REVIEW Section 7.16.060.4 establishes the criteria for review of a PUD amendment. Section 7.16.060.4 states: Review Criteria. The PZC and Town Council shall consider the following criteria as the basis for a recommendation or decision to rezone a property to PUD Overlay, and approve a preliminary PUD plan, or process a PUD amendment: (i)The PUD addresses a unique situation, confers a substantial beneﬁt to the Town, and/or incorporates creative site design such that it achieves the purposes of this Development Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efﬁcient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. Applicant Response: The proposed amendment to the Wildridge PUD to allow for 2 single family homes allows for a creative site design that is an improvement over the existing duplex development scenario. The site is proposed to be divided into two single-family lots, Lot A (west) and Lot B (east). Lot A will be approximately 20,170 sq. ft., with Lot B approximately 17,033 sq. ft. The access will be a single shared driveway mostly located on Lot A. In addition, the Gasperlins are proposing a footprint limitation of 2,900 sq. ft., maximum garage area of 1,000 sq. ft.,and a livable area limitation of 4,000 sq. ft. for each lot. This provides for a design which provides the following beneﬁts: Greenspace between the units More functional driveway access Light and air between the units North-south view corridor between the units Improves massing with more opportunity for building articulation No increase in allowable development Additional restrictions on building footprint and livable area Greater ﬂexibility in building sizes Maximizes sun exposure Breaks up building bulk Improves site drainage  These beneﬁts and more creative site design achieves the purposes of the Development Code and represents and improvement in quality over the previously approved design, which met the development standards. (ii)The PUD rezoning will promote the public health, safety, and general welfare; Applicant Response: Because there is no increase in the number of proposed dwelling units, there is no increase in the estimated number of trips generated by the project. As a result, the proposal promotes the public health, safety, and welfare. (iii)The PUD rezoning is consistent with the Avon Comprehensive Plan, the purposes of this Development Code, and the eligibility criteria outlined in §7.16.060(b); Gasperlin Residences Applicant Response: The Avon Land Use Map indicates the property as Residential - Low Density as indicated on the map below: The Comprehensive Plan deﬁnes “Residential-Lot Density” as follows: Areas designated for residential low density are intended to provide sites for single-family, duplex, and multi-family dwellings at a density no greater than 7.5 dwelling units per acre. The proposal complies with the density as recommended by the Comprehensive Plan. The purpose of the Development Code is provided in Section 7.04.030 Purposes of the Avon Development Code: The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors: (a) Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other speciﬁed uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for speciﬁed industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures; (b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town; (c) Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code; (d) Avoid undue trafﬁc congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities; (e) Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population; (f) Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality; (g) Prevent the inefﬁcient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efﬁciency and optimizes costs to taxpayers and users; and promote sufﬁcient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities; Gasperlin Residences (h) Minimize the risk of damage and injury to people, structures and public infrastructure created by wild ﬁre, avalanche, unstable slopes, rock fall, mudslides, ﬂood danger and other natural hazards; (i) Achieve or exceed federal clean air standards; (j) Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources; (k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values; (l) Promote architectural design which is compatible, functional, practical and complimentary to Avon's sub- alpine environment; (m) Achieve innovation and advancement in design of the built environment to improve efﬁciency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability; (n) Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy; (o) Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and (p)Promote the health, safety and welfare of the Avon community. As demonstrated within this document, the proposal is consistent with and in substantial compliance with the purpose of the Development Code by not increasing the number of dwelling units. The eligibility criteria for a PUD are outlined in Section 7.16.060(b) and state the following: (1) Property Eligible. All properties within the Town of Avon are eligible to apply for PUD approval. (2) Consistency with Comprehensive Plan. The proposed development shall be consistent with the Avon Comprehensive Plan. (3) Consistent with PUD Intent. The proposed development shall be consistent with the intent and spirit of the PUD purpose statement in §7.16.060(a). (4) Compatibility with Existing Uses. The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the Development Code or planned for in the Avon Comprehensive Plan. (5) Public Beneﬁt. A recognizable and material beneﬁt will be realized by both the future residents and the Town as a whole through the establishment of a PUD, where such beneﬁt would otherwise be infeasible or unlikely. (6) Preservation of Site Features. Long-term conservation of natural, historical, architectural, or other signiﬁcant features or open space will be achieved, where such features would otherwise be destroyed or degraded by development as permitted by the underlying zoning district. (7) Sufﬁcient Land Area for Proposed Uses. Sufﬁcient land area has been provided to comply with all applicable regulations of the Development Code, to adequately serve the needs of all permitted uses in the PUD projects, and to ensure compatibility between uses and the surrounding neighborhood. As demonstrated within this document, the proposal is consistent with the eligibility criteria for a PUD. The proposal is consistent with the Avon Comprehensive Plan and compatible with existing uses, which are of a similar density as the proposal. Gasperlin Residences (iv)Facilities and services (including roads and transportation, water, gas, electric, police and ﬁre protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development; Applicant Response: Because there is no increase in density for the proposed project, all facilities and services are available and adequate to serve the development. (v)Compared to the underlying zoning, the PUD rezoning is not likely to result in signiﬁcant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; Applicant Response: The proposal is entirely located within a previously platted subdivision, with no increase in the allowable density, and as a result will not have any additional adverse impacts on the above-reference criteria. (vi)Compared to the underlying zoning, the PUD rezoning is not likely to result in signiﬁcant adverse impacts upon other property in the vicinity of the subject tract; and Applicant Response: As there is no increase in allowable density for the property, there is no increase to impacts upon other property in the vicinity. The proposal is consistent with the allowable density for surrounding properties. Development in the area is a mix of single family and duplex homes on varying lot sizes. The following aerial photo provides an idea of the character of the existing homes in the vicinity: Gasperlin Residences (vii)Future uses on the subject tract will be compatible in scale with uses or potential future uses on other properties in the vicinity of the subject tract. Applicant Response: The homes in this neighborhood have developed over time since the Wildridge Subdivision was originally platted in the late 1970s and early 1980’s. As a result, the architecture of homes varies greatly, from very modern to traditional mountain styles, as indicated in the following photos: There is a home under construction on the adjacent lot to the west at 4040 Wildridge Road West / Lot 11, Block 3, Wildridge Subdivision. This home is a single-family residence on a lot of 0.59 acres / 25,490 sq .ft., with a total livable area of 5,171 sq. ft. The following is the south elevation for the proposed home: The proposal is compatible with the scale of existing and potential uses in the neighborhood. While the Gasperlin architecture is still in the conceptual design phase, the architect, Jeff Manley, has provided the following conceptual elevations for the design of the Gasperlin homes:  Gasperlin Residences   Gasperlin Residences F. ADJACENT A DDRESSES (within 300 Feet)  TOWN OF AVON PO BOX 975 AVON, CO 81620-0975 FARR, ARTHUR H. & CHRISTIAN A. PO BOX 1826 AVON, CO 81620-1826 BENSON, JAMES PO BOX 327 AVON, CO 81620-0327 AMEDEE, ROY F., JR & PATRICK M. - LAUDUMEIY, FERNAND L., IV 10 TERN ST NEW ORLEANS, LA 70124-4411 MARGARET E. BRUNO INTER VIVOS TRUST 1700 HUDSON ST DENVER, CO 80220-1453 DUBEL, THOMAS C. - YARROW, RACHEL A. 6461 WINGED FOOT CT LARKSPUR, CO 80118-9722 RICE, HELGA P. & RUSSELL M. PO BOX 6548 AVON, CO 81620-6548 ANDAI, DANIEL A., ALAN L. & DAVID J. 8877 COLLINS AVE APT 606 MIAMI BEACH, FL 33154-3500 NELSON, STEVEN PO BOX 45 AVON, CO 81620-0045 MARONEY, GAYLE GARRETT & PATRICK 58 SCENIC DR ORINDA, CA 94563-3412 WIESSNER, CHARLOTTE 2353 E ALAMEDA AVE DENVER, CO 80209-3337 BARANDY, MARK S. & MARYELLEN Q. 23 COLONIAL DR MORRISTOWN , NJ 07960-4727 SAVAGE, TIMOTHY W. PO BOX 4657 AVON, CO 81620-4657 DONOVAN, WILLIAM F. & SHARON ANN 903 CREEK WOOD WAY HOUSTON, TX 77024-3021 BUNTING, CHARLES B. & SHERRY PO BOX 6034 AVON, CO 81620-6034 SLATKOFF, CAREL H. & MARC L. PO BOX 1137 AVON, CO 81620-1137 DAIGLE, DAVID J. PO BOX 19000 PMB 268 150 E BEAVER CREEK BLVD STE A102 AVON, CO 81620-9010 WARREN, PETER G. & PAMELA S. PO BOX 8295 AVON, CO 81620-8295 JAMES W. TAYLOR REVOCABLE LIVING TRUST 66 KINGSBORO AVE GLOVERSVILLE, NY 12078-3415 WALKER, BRIAN & DENISE PO BOX 2437 AVON, CO 81620-2437 WHITEFORD, GUSTAVUS M. PO BOX 249 VAIL, CO 81658-0249 EDWARDS, DEBRA J. & DEAN P. 1626 HAZEL ST BIRMINGHAM, MI 48009-6891 VOBORIL, DEBORAH & MICHEL 1465 SQUIRE LN CUMMING, GA 30041-6746 FRIEDMAN, STEVE & JANE 830 CHEVY CHASE CIR SUGAR LAND, TX 77478-4011 QUINN, JOHN E. PO BOX 9164 AVON, CO 81620-9105 BLAMIRE, GARY M. & GRETA A. PO BOX 1002 AVON, CO 81620-1002 MEREMONTE, GERALD K. - HOGAN, MARGARET PO BOX 5820 AVON, CO 81620-5820 MPG PO BOX 4777 EAGLE, CO 81631 Gasperlin Residences BUILDING SETBACK B U I LDING SETBACK B U I L D I N G S E T B A C K B U I L D I N G S E T B A C K25.00' 8 3 1 0 8 2 7 0 8 2 9 0 8 2 6 0 8 2 9 08300 8250826082808270 373.47' C 1 N01°46'26"W 162.15' W I L D R I D G E R O A D W E S T 5 0 ' R . O . W . S 5 1 ° 0 9 ' 1 3 " W N 6 1 ° 4 5 ' 1 0 " E 3 0 3 .84'S 3 8 °5 0 '4 7 "E 7 5 .0 0 'FIRE HYDRANT M O U N D D I S A P P E A R S B E H I N D B E L L Y A C H E R I D G E BEAVER CREEK MTN EXPRESS STA CENTENNIAL BASE STATION C L I F F S A B O V E M I N T U R NGAME C R E E K LOT 11 LOT 14 N LOT 15 ELECTRIC TRANSFORMER AND METER TELEPHONE & CATV BOXES & 2" CONDUIT 37203 SQ. FT.0.854 AC.LOT 10 7.50' UTILITY & DRAINAGE EASEMENT (AS SHOWN ON THE FINAL PLAT OF WILDRIDGE) OF W DRAINAGE AND S SLOPE MAINTENANCE 10' EASEMENT (AS SHOW U T I L I T Y & D R A I N A GE EASEMENT ( A S S H O W N O N T HE FINAL PLAT O F W I L D R I D G E ) 8272'-9" 8291 80 78 92 86 84 80 74 8488 84 4 ' W A L L 6 ' W A L L 4 ' W A L L 6 ' W A L L 4 ' W A L L 5' WALL 7274 76 82 80 4 ' W A L L 4 ' W A L L 82 4 ' W A L L 00 04 4 ' W A L L 4 ' W A L L S W A L E SWALE 92 4% fi r st 2 0 ' 5% 8272+8 273' 8290 5% 4 ' W A L L 5 ' W A L L77 84 80 86 82 82 76 88 84 90 86 84 79 80 75 74 78 86 2 ' W A L L 84 86 8490 92 86 84 80 78 73 4' WALL 84 80 78 73 88 86 84 82 90 92 96 98 84 82 80 78 74 76 78 82 77 80 77 78 76 78 74 92 4 ' W A L L 90 92 94 84 86 88 2 5 .0 0 ' 7.50' 1 0 .0 0 ' 10.00'25.00' 10.00' 1 0 .0 0 ' 7 .5 0 ' DYH8208'8304' - 2"8323' - 9 5/8" Resolution 15-03 PUD14006 - Minor PUD Amendment TC January 27, 2015 Page 1 of 2 TOWN OF AVON RESOLUTION NO. 15-03 Series of 2015 A RESOLUTION APPROVING PUD14006, A MINOR PUD AMENDMENT FOR LOT 10, BLOCK 3, WILDRIDGE SUBDIVISION, TOWN OF AVON, STATE OF COLORADO WHEREAS, a Minor PUD Amendment Application (“Application”), was submitted to the Community Development Department of the Town on December 9, 2014 by Dominic Mauriello of Mauriello Planning Group (“Applicant”); and WHEREAS, the Application requests to amend the zoning of Lot 10, Block 3, Wildridge Subdivision, to allow two (2) single-family-detached structures in place of the currently entitled one (1) single-family-detached structure or one (1) duplex structure; and WHEREAS, the Planning and Zoning Commission held public hearing on January 6, 2015, after posting notice of such Public Hearing in accordance with the requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all comments provided; and WHEREAS, the Planning and Zoning Commission recommended that the Town Council approve the Application; and WHEREAS, the Avon Town Council held a public hearing on January 27, 2015, and after posting notice as required by law, considered all comments, testimony, evidence and staff report prior to taking action on the Application; and WHEREAS, the Avon Town Council has examined the review criteria set forth in §7.16.060(e)(4); and WHEREAS, the Avon Town Council has made the following findings regarding the Application: (1) The Application was processed in accordance with §7.16.060(h), Amendment to a Final PUD, which allowed the application to be processed as a minor amendment pursuant to §7.16.060(h)(1)(ii), Minor Amendment, and utilized the review criteria set forth in §7.16.060(e)(4), Preliminary PUD Review Criteria; and, (2) The Application is in substantial compliance with §7.16.060(e)(4), Preliminary PUD Review Criteria, AMC based upon review of the Application, the Town staff report and other evidence considered by the Avon Town Council at the public hearing; and, (3) The Application will not result in adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated; and, Resolution 15-03 PUD14006 - Minor PUD Amendment TC January 27, 2015 Page 2 of 2 (4) Approval of the Application will reduce building massing compared to the existing underlying zoning, allowing for an improvement in quality over what could have been accomplished through the existing zoning designations; and, (5) Building impacts on-site are reduced by adding restrictions that are currently not in effect including: building footprint restriction of 2,900 square feet per unit and livable area restriction of 4,000 square feet per unit and garage area restriction of 1,000 square feet per unit; and, (6) The Application is in conformance with policy recommendations in the Avon Comprehensive Plan, including “siting buildings of varying sizes along the street to maximize sun exposure, protect views, be compatible with surrounding development, and break up building bulk.” NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that PUD14006, a Minor PUD Application for Lot 10, Block 3, Wildridge Subdivision, Town of Avon, State of Colorado, is hereby approved to amend the Wildridge Subdivision and PUD Land Use Summary to designate the permitted use by right on Lot 10 as two detached single family residences, which shall be constructed on separate lots (i.e. Lot 10A & 10B) subject to future subdivision approval by the Town. ADOPTED January 27, 2015. AVON TOWN COUNCIL By: _______________________________ Attest: ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk TOWN COUNCIL REPORT To: Mayor& Town Council From: Debbie Hoppe, Town Clerk Date: January 27, 2015 Re: Public Hearings for Outdoor Use of Amplified Sound Application Permit Overview: The Town Council is asked to consider approving an Amplified Sound Permit on January 27, 2015, as requested by Walking Mountains Science Center for the WinterWonderGrass Music and Brew Festival. A public hearing is required on Outdoor Use of Amplified Sound for events that will be using amplified sound systems before 9:00 a.m. or after 8:00 p.m. in Nottingham Park (Avon Municipal Code Chapter 5.24.020). The WinterWonderGrass Music and Brew Festival ending time in the park for February 20 & 21 will be 10:30 p.m. On February 22nd, the ending time will be 10:00 p.m. Please note the public notice was published on January 24th in the Vail Daily for the public hearing on January 27th, 2015. The applicant has submitted the $25 processing fee for the amplified sound permit. The applicant’s representative, Michael Welle, will join the public hearing on Tuesday. Background Information for Issuing Amplified Sound Permits: The “Administrative Procedures” adopted with Resolution No. 1988- 13 provide the framework for issuing this type of permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the following:  Comments by the public.  Necessity of the permit for the cultural, historical or social benefit of the community.  Proximity of the proposed location to residential neighborhoods.  Proposed direction of sound projection.  Screening of sound from neighboring properties.  Compatibility with other uses and activities in the vicinity. The Town Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. Attachments: Applications for Outdoor Use of Amplified Sound Equipment Diagram of Event in Nottingham Park showing amplified sound projections TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY JANUARY 13, 2015 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 1-13-2015 Minutes.doc Page 1 1. CALL TO ORDER & ROLL CALL Mayor Jennie Fancher called the meeting to order at 6:02 p.m. A roll call was taken and Council members present were Matt Gennett, Megan Burch, Scott Prince, Jake Wolf, Sarah Smith Hymes, Albert “Buz” Reynolds, Jennie Fancher. Also present were Town Manager Virginia Egger, Assistant Town Manager Scott Wright, Town Attorney Eric Heil, Director of Economic Initiatives Susan Fairweather, Planning Manager Matt Pielsticker, Assistant to the Town Manager Preston Neill, and Deputy Town Clerk Richelle Curran, as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT- GENERAL COMMENTS ARE WELCOME Richard Carroll, Kenneth Kelp, Mark Kogan, Peter Buckley, Angelo Lori, Marc Rouse, Dave Dantas, and Michael Cacioppo commented. 4. CONSENT AGENDA 4.1. Resolution No. 15-02, Series of 2015, a Resolution Approving Holy Cross Energy Underground Right- Of-Way Easement Agreement and Trench, Conduit, and Vault Agreement at Main Street Mall, Tract G, Benchmark at Beaver Creek Subdivision (Town Engineer Justin Hildreth) 4.2. Resolution No. 15-05 Resolution Designating the Locations for Posting the Notices of Public Meetings (Assistant Town manager Scott Wright) 4.3. Motion to Authorize the Mayor to execute the Sherwood Meadows Unit 1-A Lease Agreement (Assistant Town Manager Scott Wright) 4.4. Motion to Approve Auditor Engagement Letter (Assistant Town Manager Scott Wright) 4.5. Minutes from December 09, 2014 Meeting (Town Clerk Debbie Hoppe) Councilor Matt Gennett moved to approve items 4.1 through 4.5 of the Consent Agenda; and Councilor Megan Burch seconded the motion and it passed unanimously by those present. 5. ACTION ITEMS 5.1. Public Hearing Second Reading of Ordinance No. 14-20, Series of 2014, An Ordinance Amending Title 1 of the Avon Municipal Code To Designate The Manner and Medium of Posting And Publishing Ordinances (Town Attorney Eric Heil) Mayor Jennie Fancher opened the Public Hearing; no comments were made. Councilor Scott Prince moved to approve Second Reading of Ordinance No. 14-20; and Councilor Jake Wolf seconded the motion and it passed unanimously by those present. 6. WORK SESSION 6.1. Review and Policy Direction for Amending the Avon Municipal Code Chapters 1.04 Definitions; 3.12 Real estate Transfer Tax, 5.04 Business Licenses, and 5.16 Peddlers, including Short Term Renters, Vendors and Solicitors (Town Attorney Eric Heil/ Executive Assistant to the Town Manager Preston Neil) Marc Rouse, Carlos Dominguez, Carry Foster, and Kenneth Howell commented. TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY JANUARY 13, 2015 AVON TOWN HALL, ONE LAKE STREET FINAL - Avon Council Meeting 1-13-2015 Minutes.doc Page 2 7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 7.1. Eagle County Trails Group (Councilor Scott Prince) 7.2. UERWA Meeting update (Councilor Sara Smith Hymes) 8. MAYOR & COUNCIL COMMENTS 9. EXECUTIVE SESSION to discuss the purchase, acquisition, lease, transfer, and/or sale of real property interest under C.R.S. §24-6-402(2)(a) and for a conference with the Town Attorney for the purpose of receiving legal advice related to such real property interest under C.R.S. §24-6-402(2)(b) 10. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 9:00 p.m. RESPECTFULLY SUBMITTED: _____________________________ Richelle Curran, Deputy Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes _____________________________ FISCAL YEAR 2014 FINANCIAL REPORT January 27, 2015 ______________________________________________________________________________________ 1. Fiscal Year 2014 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports – November 2014 3. Real Estate Transfer Tax Report and Monthly Detail – December 2014 4. General Fund Year-To-Date Expenditures- December 2014 5. Fleet Maintenance Fund Year-To Date Expenditures- December 2014 6. Transit Fund Year-To Date Expenditures- December 2014 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Date: January 14, 2015 Re: Fiscal Year 2013 Financial Report – November/December 2014 Revenues: SALES TAX • Sales tax revenue for the month of November is up $35,474.42 or 9.79% compared to November 2013, and up 3.22% compared to the revised budget. This increase includes $11,638 from new businesses, and after adjusting for new business growth, 6.58% is the actual gain in revenue for the month. Year-to-date sales tax from new businesses makes up 46.78% of total growth. November 2014 sales tax revenue is the highest ever for the month of November. • November collections are up compared to 2013 for all industries. Sporting Goods Rental/Retail is up 36.24% due to a general sales increase coupled with the opening of a few new businesses and the reopening of the newly renovated Christy Sports. Miscellaneous Retail appears to be up 12.88%, however one payer failing to submit a return in November 2013 is skewing this figure and when adjusted, the actual year over year change for Miscellaneous Retail is (16.25%). Sales tax from Accommodations is up 11.88% over 2013 due to an overall increase from existing business. 2013/2014 Growth Growth Variance Existing Business New Business Home/Garden 2,211.08 -2.26%7.91% Grocery, Specialty, Health 6,454.59 6.95%0.14% Liquor Stores 1,452.57 7.40%0.29% Sporting Goods Retail/Rental 10,250.59 31.91%4.33% Miscellaneous Retail 3,464.09 1.43%11.45% Accommodations 3,533.56 11.76%0.12% Restaurants/Bars 6,060.90 6.55%3.14% Other 1,893.91 -0.26%3.87% Service Related 153.13 0.99%0.15% Total $35,474.42 6.58%3.26% Category Monthly Totals ACCOMMODATIONS TAX • Accommodations tax revenue for November is up $3,892.98, or 13.82% compared to November 2013, and up 6.28% compared to the revised monthly budget. Year-to-date accommodations tax is up 9.12% compared to 2013 and 1.90% compared to the budget. • November accommodations tax collections are up for all accommodation types. Hotels are up 20.00%, Vacation rentals 2.55%, and Timeshares are up 6.26% for the month. REAL ESTATE TRANSFER TAX • 2014 real estate transfer tax collections for December equal $1,573,687.70. This is a 1,787.31% increase from December 2013. A large payment of $1,296,333.16 was received from the transfer of the Wyndham property from the developer back to the Wyndham. Total RETT to date for January-December 2014 is $1,636,417.97 over the total budget of $2,100,000. However the total is not final as some 2014 transactions may still trickle in. Expenditures: Important: Expenditures to date through December are preliminary, with 2014 invoices still coming in and December not yet completely closed out. • General Fund expenditures at the end of December are 93.98% of the budgeted amounts. • Fleet expenditures to date are at 104.25% of the total budget. This overage can be attributed to increased spending on stock parts which is determined by customer repair demand and is offset by related revenue. Total Fleet revenues are at 102.89% of the total revised budget. • Transit funds are 80.92% expended compared to the annual budget. 2014 Transit expenditures are exceptionally below budget due to $120,000 budgeted for a bus that was not purchased, and relying on estimates to develop the budget for the Regional Transit Facility with no actual historical data to reference. TOWN OF AVON SALES TAX 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance from 2013 January 552,648.47$ 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 721,089$ 638,863.27$ (82,225.79)$ -5.76% February 516,349.68 504,752.59 532,903.25 533,546.48 636,702.27 677,223 673,722.03 (3,500.85) 5.81% March 536,913.42 620,937.20 665,532.70 643,910.29 720,267.31 766,106 793,301.96 27,195.85 10.14% April 319,833.51 309,937.09 305,269.73 304,220.84 307,407.13 326,971 381,839.56 54,868.62 24.21% May 267,960.76 242,830.16 236,424.93 270,082.79 309,938.72 329,664 340,332.28 10,668.63 9.81% June 396,066.29 377,920.42 406,828.27 430,588.57 490,329.18 521,534 538,517.31 16,982.90 9.83% July 409,956.20 421,975.98 452,873.44 472,215.40 537,479.66 571,686 570,959.86 (725.75) 6.23% August 374,965.99 361,702.25 419,977.29 455,439.86 504,332.25 536,429 547,085.80 10,657.15 8.48% September 350,585.25 359,139.22 391,546.49 424,793.75 475,362.88 505,616 546,016.59 40,400.96 14.86% October 286,412.11 288,859.84 299,193.35 341,711.43 356,925.96 379,641 417,921.46 38,280.24 17.09% November 281,696.02 284,528.70 301,407.41 336,060.63 362,460.94 385,528 397,935.36 12,406.91 9.79% December 786,701.84 818,360.74 921,815.61 852,868.64 981,917.79 1,044,408 Total 5,080,089.54$ 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 6,765,895$ 5,846,495.48$ 125,008.87$ 8.69% Actual Collections $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 2010 2011 2012 2013 2014 Year Sales Tax Collections for November TOWN OF AVON SALES TAX 2014 Actual vs. Budget $1,200,000 $1,800,000 $2,400,000 $3,000,000 $3,600,000 $4,200,000 $4,800,000 $5,400,000 $6,000,000 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 $800,000 Sales Tax Monthly Comparison 2012-2014 2012 2013 2014 TOWN OF AVON ACCOMMODATIONS TAX 2014 Actual vs. Budget Budget YTD Collections Budget % of change 2009 2010 2011 2012 2013 2014 2014 Variance 2013 January 84,919.00$ 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 116,202$ 129,851.78$ 13,649.79$ 19.67% February 83,502.22 99,336.34 114,035.90 106,016.32 137,503.61 147,253 150,317.06 3,064.05 9.32% March 84,909.85 105,518.15 122,145.16 115,043.42 153,208.80 164,072 168,597.39 4,525.64 10.04% April 26,821.29 26,496.88 26,214.58 20,786.24 26,494.49 28,373 31,626.02 3,252.99 19.37% May 19,090.36 12,425.51 15,152.82 16,664.44 24,527.17 26,266 21,961.97 (4,304.25) -10.46% June 34,439.33 32,857.68 49,999.66 56,012.17 66,578.91 71,300 54,232.23 (17,067.32) -18.54% July 47,864.32 51,170.82 62,928.07 66,726.73 73,008.92 78,185 81,083.01 2,897.55 11.06% August 39,155.19 42,188.56 52,037.55 58,358.93 67,688.07 72,487 71,044.33 (1,443.02) 4.96% September 21,134.69 30,090.34 35,521.81 42,245.24 44,661.37 47,828 50,840.16 3,012.17 13.83% October 17,043.78 20,614.06 21,801.56 25,879.51 27,154.53 29,080 34,977.59 5,897.73 28.81% November 15,268.58 20,582.47 24,971.33 22,786.42 28,171.04 30,168 32,064.02 1,895.57 13.82% December 96,847.30 98,561.90 135,984.00 112,759.02 131,361.43 140,675 Total 570,995.91$ 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 951,890$ 826,595.56$ 15,380.90$ 9.12% Actual Collections - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 2010 2011 2012 2013 2014 Accommodations Tax Collections for November Town of Avon Real Estate Transfer Tax 2014 Actual vs. Budget 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 97,579.70 111,375 154,032.32 56,452.62 57.85% September 159,877.84 159,861.96 140,876.56 96,389.34 157,010.67 129,619 267,886.92 110,876.25 70.62% October 205,537.52 222,575.20 64,005.33 176,889.62 169,839.80 152,280 178,044.24 8,204.44 4.83% November 131,944.57 115,654.16 98,057.44 150,549.86 112,491.82 110,500 122,582.66 10,090.84 8.97% December 336,431.50 236,117.45 198,448.03 145,134.57 83,382.60 181,447 1,573,687.70 1,490,305.10 1787.31% Total 1,761,980.40$ 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 2,100,000$ 3,736,417.97$ 2,168,811.61$ 138.35% Budget 2,100,000.00 Variance, Favorable (Unfavorable)1,636,417.97$ Actual Collections $200,000.00 $600,000.00 $1,000,000.00 $1,400,000.00 $1,800,000.00 $2,200,000.00 $2,600,000.00 $3,000,000.00 $3,400,000.00 $3,800,000.00 2010 2011 2012 2013 2014 YTD Real Estate Transfer Tax Collections Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 574,520$ -$ 544,118$ 30,402$ 94.71% 112 Boards and Commissions 15,299 - 10,940 4,359 71.51% 113 Town Attorney 155,000 9,008 163,134 (17,142) 111.06% 115 Town Clerk 157,904 5,015 157,385 (4,496) 102.85% Total Legislative 902,723 14,023 875,577 13,123 98.55% Judicial: 121 Municipal Court 96,235 6,901 88,311 1,023 98.94% Executive: 131 Town Manager 269,358 - 269,939 (581) 100.22% 133 Community Relations 118,369 9,699 105,965 2,705 97.71% Total Executive 387,727 9,699 375,904 2,124 99.45% Finance Department: 132 Human Resources 234,886 1,951 213,784 19,151 91.85% 141 Finance 741,372 - 704,035 37,337 94.96% 143 Information Systems 337,296 234 314,035 23,027 93.17% 149 Nondepartmental 305,025 4,462 276,959 23,604 92.26% Total Financial Administration 1,618,579 6,647 1,508,813 103,119 93.63% Total General Government 3,005,264 37,270 2,848,605 119,389 96.03% Community Development: 212 Planning 247,489 1,451 224,623 21,415 91.35% 213 Building Inspection 129,166 - 126,984 2,182 98.31% 214 Economic Development 111,130 1,036 99,970 10,124 90.89% Total Community Development 487,785 2,487 451,577 33,721 93.09% Police Department: 311 Administration 554,422 3,350 527,992 23,080 95.84% 312 Patrol 1,981,376 14,184 1,962,793 4,399 99.78% 313 Investigations 221,159 325 224,467 (3,633) 101.64% Total Police 2,756,957 17,859 2,715,252 23,846 99.14% Public Works: 412 Engineering 228,708 421 221,673 6,614 97.11% 413 Roads and Bridges 1,301,592 4,895 1,270,147 26,550 97.96% Total Public Works 1,530,300 5,316 1,491,820 33,164 97.83% Department Expenditure Summaries General Fund #10 December 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 December 2014 Expenditures to Date Parks and Recreation: 513 Special Events 714,306 1,960 527,464 184,882 74.12% 514 Administration 222,255 4,517 210,112 7,626 96.57% 515 Adult Programs 28,657 - 24,346 4,311 84.96% 516 Aquatics 394,422 - 368,089 26,333 93.32% 517 Childcare 36,486 - 26,461 10,025 72.52% 518 Fitness 158,237 - 151,659 6,578 95.84% 519 Guest Services 235,074 632 211,713 22,729 90.33% 521 Youth Programs 118,979 - 101,026 17,953 84.91% 522 Cabin 43,643 - 28,910 14,733 66.24% 551 Parks & Grounds 1,030,790 9,390 938,187 83,213 91.93% 571 Buildings & Facilities 1,057,268 2,977 931,593 122,698 88.39% Total Parks and Recreation 4,040,117 19,476 3,519,560 501,081 87.60% TOTAL OPERATING EXPENDITURES 11,820,423$ 82,408$ 11,026,814$ 711,201 93.98% Dept./Div.2014 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,615,046$ 8,424$ 1,675,189$ (68,567)$ 104.25% Total Operating Expenditures 1,615,046 8,424 1,675,189 (68,567) 104.25% TOTAL EXPENDITURES 1,615,046$ 8,424$ 1,675,189$ (68,567)$ 104.25% Expenditure Summary Fleet Maintenance Enterprise Fund #61 December 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$ 1,629$ 197,369$ 20,199$ 90.79% 432 Transit Operations 999,911 911 822,740 176,260 82.37% 435 Wash Bay 164,476 2,550 94,345 67,581 58.91% Total Operating Expenditures 1,383,584 5,090 1,114,454 264,040 80.92% TOTAL EXPENDITURES 1,383,584$ 5,090$ 1,114,454$ 264,040$ 80.92% Expenditure Summary Transit Enterprise Fund #52 December 2014 Expenditures to Date TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Preston Neill, Executive Assistant to the Town Manager Date: January 27, 2015 Agenda Topic: Town Code Requirement for Gift Reporting and Disclosure Report The Town Code of Ethics requires disclosure of any gifts received which exceed $50 in value. “Gifts” includes any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Avon Municipal Code requires the Town Clerk to disclose through a report any gifts offered to any Town Officer per Section 2.30.170 of the Town Code of Ethics. Please find attached the Town Clerk Gift Reporting Disclosure Report for January 2015, which lists 1) eighty (80) silver-level VIP passes the Town Council has received for the 2015 Alpine World Ski Championships, and 2) two (2) parking medallions, which have been provided to the Mayor and Town Manager. Town Council is not required to take any action; however, any Town Council member may request Council consideration of a report gift to determine whether such gift constitutes a conflict of interest. Town of Avon Town Clerk Disclosure Report In accordance with §7, Article XXIX of the Colorado Constitution and Section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon, I, Debbie Hoppe, Town Clerk for Town of Avon, submit the following list of such gifts reported to be received by officers of the Town of Avon: 1. 2015 Alpine World Ski Championships Silver-Level VIP Passes – The Town of Avon has received eighty (80) silver-level VIP passes to the 2015 Alpine World Ski Championships from February 2nd through February 15th. The Town received eight (8) VIP passes per each peak race day (Friday – Sunday races) and eight (8) VIP passes for four (4) non-peak race days (Monday – Thursday). The value of a peak day VIP pass is $600, while the value of a non-peak day VIP pass is $500. The total value of the eighty (80) silver-level VIP passes equals $44,800. 2. Beaver Creek Resort Company Parking Medallions – Mayor Jennie Fancher and Town Manager Virginia Egger received parking medallions from the Beaver Creek Resort Company, allowing them to park for free for the year. The total value of each parking medallion is expected to exceed $50 as Bill Simmons with the Beaver Creek Resort Company indicated that it costs approximately $1,200 per year to lease one of their parking spots. Submitted to the Avon Town Council on January 27, 2015. _________________________________ Debbie Hoppe, Town Clerk Avon transit memo To: Honorable Mayor and Town Council From: Jane Burden, Transit Superintendent Date: 1/23/2015 Re: Wildridge Shuttle Request I love Councilor Burch’s idea of weekend shuttle bus service to Wildridge during the 2015 Alpine World Ski Championships (AWSC). I am always in support of more transit opportunities for Avon residents. I do, however, agree with her that it probably is a little late for changes to the transportation plan, which has been in the works for over a year. I and other committee members have proofed the transportation plan for final review and it is ready to be released to the public. Please include the following in your discussion: o My staff and vehicle availability is limited due to the demand of weekend “signature” races taking place. We will be at peak demand throughout this two week period, especially on weekends. I currently do not have any “spare” vehicles or staff to accommodate this added service which would be during peak demand times. o The other challenges with bus service to Wildridge have not changed; infrastructure is not in place to support bus service (i.e. no bus stops in place, no designated parking for a park n ride, no bus turn around areas). The lack of infrastructure in Wildridge allows for unsafe passenger conditions which can open the town for liability issues. o We also must abide by Federal guidelines with respect to Para-transit service since funding for Avon’s buses comes from federal grant monies. Para-transit service needs to work in conjunction with any public bus service provided. This could mandate additional staff to be available. For these reasons, staff would not recommend providing transit service to Wildridge during the 2015 AW SC. I look forward to future discussions about Avon’s public bus service, including service for our Wildridge residents with Council and remain open to any ideas brought forth.