NOVEMBER 11 TH - 4:00 P.M. TOWN COUNCIL CHAMBERS

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1 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 REGULAR MEETING BEGINS AT 5:25 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS MAYOR RICH CARROLL MAYOR PRO TEM JENNIE FANCHER COUNCILORS DAVE DANTAS, CHRIS EVANS ALBERT BUZ REYNOLDS, JR., JAKE WOLF MATT GENNETT TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS. GENERAL COMMENTS ARE WELCOME DURING PUBLIC COMMENT, AND COMMENTS ARE ALSO WELCOME ON ANY AGENDA TOPIC. PLEASE VIEW AVON S WEBSITE, FOR MEETING AGENDAS AND MATERIALS. AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AND AVON LIBRARY. THE AVON TOWN COUNCIL MEETS THE 2ND AND 4THTUESDAYS OF EACH MONTH. NOVEMBER 11 TH - 4:00 P.M. TOWN COUNCIL CHAMBERS AUTOMATED EXTERNAL DEFIBRILLATOR (AED) - CPR TRAINING PROVIDED BY STARTING HEARTS PUBLIC IS WELCOME THREE OR MORE COUNCIL PERSONS MAY BE ATTENDING THE TRAINING AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3) AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 PM (SEE SEPARATE AGENDA PAGE 4) REGULAR MEETING BEGINS AT 5:25 PM 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 3.1. SAVED BY THE BELT PRESENTATION (POLICE CHIEF BOB TICER) 4. ACTION ITEMS 4.1. RENEWAL/APPROVAL OF EAGLE COUNTY ANIMAL CONTROL IGA (POLICE CHIEF BOB TICER) 4.2. APPROVAL OF GRAND OPENING OF POSSIBILITY PLAZA, THE MAIN STREET MALL & APRÈS AVON INAUGURAL EVENT (DIRECTOR OF ECONOMIC INITIATIVES SUSAN FAIRWEATHER) 4.3. PUBLIC HEARING SECOND READING OF ORDINANCE AMENDING AVON MUNICIPAL CODE TITLE 6: ANIMALS TO ALLOW FOR DOGS TO BE PERMITTED OFF-LEASH AT ALL TIMES, UNDER VOICE CONTROL, WITH OWNERS REQUIRED TO CARRY LEASHES IN THE WEST AVON PRESERVE (PLANNING MANAGER MATT PIELSTICKER) 4.4. ACTION ON A REVOCABLE ENCROACHMENT LICENSE AGREEMENT WITH HOFFMANN COMMERCIAL PROPERTIES FOR THE CONSTRUCTION AND ON-GOING MAINTENANCE OF A MONUMENT SIGN LOCATED ON LOT 65-A, BLOCK 2, BENCHMARK AT BEAVER CREEK (PLANNING MANAGER MATT PIELSTICKER) Page 1

2 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 REGULAR MEETING BEGINS AT 5:25 PM AVON TOWN HALL, ONE LAKE STREET 4.5. PUBLIC HEARING SECOND READING OF ORDINANCE APPROVING ACQUISITION OF TRACT S, BLOCK 3, WILDRIDGE FOR HIKING AND BIKE TRAIL (TOWN ATTORNEY ERIC HEIL) 4.6. PUBLIC HEARINGS 2014 AND 2015 FINAL BUDGETS RESOLUTION NO , RESOLUTION TO AMEND THE 2014 TOWN OF AVON BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) RESOLUTION NO , RESOLUTION TO AMEND THE 2014 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) RESOLUTION NO , RESOLUTION TO ADOPT THE 2015 TOWN OF AVON BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) RESOLUTION NO , RESOLUTION TO ADOPT THE TOWN OF AVON LONG-RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE 2015 CAPITAL PROJECTS FUND BUDGET (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.7. RESOLUTION NO , RESOLUTION APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 4.8. MINUTES FROM OCTOBER 28, 2014 MEETING (TOWN CLERK DEBBIE HOPPE) 5. WORK SESSION 5.1. FINAL REVIEW OF SKIER BUILDING INTERIOR FINISH PROCESS (MAYOR RICH CARROLL) 6. WRITTEN REPORTS END OF YEAR FORFEITURE REPORT REPORT ONLY (POLICE CHIEF BOB TICER) 7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 8. COUNCIL COMMENTS 9. MAYOR REPORT AND FUTURE AGENDA ITEMS 10. EXECUTIVE SESSION (THIS MEETING IS NOT OPEN TO THE PUBLIC) MEET PURSUANT TO COLORADO REVISED STATUTE (4) (F) FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATED TO THE ANNUAL PERFORMANCE REVIEW OF THE TOWN ATTORNEY & TOWN MANAGER 11. ADJOURNMENT Page 2

3 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 REGULAR MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN JENNIE FANCHER BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, ALBERT BUZ REYNOLDS, JR., JAKE WOLF, MATT GENNETT TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: VIRGINIA EGGER TOWN CLERK: DEBBIE HOPPE ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON S WEBSITE, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENT PERMIT 4.1. Applicant Name: Walking Mountains Science Center Event Name: Birds of Prey Après Avon Kickoff Event Dates: December 5, 2014; 3:00 p.m. until 8:00 p.m. Location: Avon Pedestrian Mall Event Manager: Michael Welle 5. RENEWAL OF LIQUOR LICENSES 5.1. Applicant: Blackstar, LLC d/b/a FOOD! by Marc Location: 137 Benchmark Road Suite 4W Type: Hotel and Restaurant Manager: Marc Rouse 6. MINUTES FROM OCTOBER 28, ADJOURNMENT Page 3

4 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, NOVEMBER 11, 2014 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:10 REGULAR MEETING BEGINS AT 5:30 PM AVON TOWN HALL, ONE LAKE STREET CHAIRMAN VICE CHAIRMAN BOARD MEMBERS PRESIDING OFFICIALS RICH CARROLL JENNIE FANCHER DAVE DANTAS, CHRIS EVANS, ALBERT BUZ REYNOLDS, JR., JAKE WOLF, MATT GENNETT EXECUTIVE DIRECTOR / SECRETARY: VIRGINIA EGGER TREASURER: SCOTT WRIGHT STAFF ATTORNEY: ERIC HEIL AUTHORITY CLERK: DEBBIE HOPPE ALL URBAN RENEWAL MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON S WEBSITE, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. CONSENT AGENDA 4.1. URA RESOLUTION NO , RESOLUTION TO AMEND THE 2014 AVON URBAN RENEWAL AUTHORITY BUDGET (Treasurer Scott Wright) 4.2. URA RESOLUTION NO , RESOLUTION TO ADOPT THE 2015 AVON URBAN RENEWAL AUTHORITY BUDGET (Treasurer Scott Wright) 5. ADJOURNMENT Page 4

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17 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 28, 2014 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Mayor Carroll called the meeting to order at 5:02 pm. A roll call was taken and Board members present were Jake Wolf, Buz Reynolds, Jennie Fancher, Chris Evans and Dave Dantas. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe as well as members from the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. Applicant: Vail Valley Mexican Foods, LLC d/b/a Agave Location: 1060 Beaver Creek Blvd. Type: Hotel and Restaurant Manager: Richard Wheelock The application was presented with no concerns for the renewal application. Board member Wolf moved to approve the Hotel and Restaurant Liquor License for Vail Valley Mexican Foods, LLC d/b/a Agave; and Board member Evans seconded the motion and it passed unanimously with those present Applicant: Fork & Knife, Inc. d/b/a Blue Plate Location: 42 E. Beaver Creek Blvd. Type: Hotel and Restaurant Manager: Adam Roustom The application was presented with no concerns for the renewal application. Board member Fancher moved to approve the Hotel and Restaurant Liquor License for Fork & Knife, Inc. d/b/a Blue Plate; and Board member Wolf seconded the motion and it passed unanimously with those present Applicant: Avon Properties Leasing, LLC d/b/a Village Warehouse Wines Location: 101 Fawcett Road Type: Liquor Store Manager: Peter Cuccia The application was presented with no concerns for the renewal application. Board member Wolf moved to approve the Liquor Store License for Avon Properties Leasing, LLC d/b/a Village Warehouse Wines; and Board member Fancher seconded the motion and it passed unanimously with those present. 5. MINUTES FROM OCTOBER 14, 2014 Board member Fancher moved to approve the Minutes from October 14, 2014; Board member Wolf seconded the motion and it passed unanimously with those present. 3. FINAL - ALB Minutes Page 1

18 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, OCTOBER 28, 2014 AVON TOWN HALL, ONE LAKE STREET 7. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:12 pm. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Albert Buz Reynolds Jake Wolf Matt Gennett RESPECTFULLY SUBMITTED: Debbie Hoppe, Town Clerk 3. FINAL - ALB Minutes Page 2

19 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: November 11, 2014 Re: 2015 Proposed and 2014 Revised Budgets Summary: Attached are the final proposed and revised budget resolutions for the Avon Urban Renewal Authority. The Authority is considered a separate legal entity from the Town authorized by the Colorado Urban Renewal Act. The Authority s budget summary is attached as an exhibit to this memorandum and is also included for informational purposes in the Town s budget summary as a component unit of the Town. Public Hearing. At the Avon URA meeting on November 11, 2014 a public hearing will be held for members of the public to comment on the proposed 2015 budget. Recommendation: Staff recommends that the Board adopt the resolutions as presented. Exhibits and Attachments: Avon Urban Renewal Authority budget Resolution No Resolution No

20 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO SERIES OF 2014 A RESOLUTION AMENDING THE 2014 AVON URBAN RENEWAL AUTHORITY BUDGET WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has previously adopted the 2014 budget; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2014; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2014 budget to more accurately reflect the revenues and expenditures for 2014; WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2014 budget was open for inspection by the public at a designated place, a public hearing was held on November 11, 2014 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are revised as follows for 2014: Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance Original or Previously Amended 2014 Budget $ 1,360, ,648 1,468,669 $ 631,804 Current Proposed Amended 2014 Budget $ 1,511, ,328 1,475,523 $ 776,835

21 Section 2. That the budget, as submitted and amended hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 11 th day of November, AVON URBAN RENEWAL AUTHORITY ATTEST: Rich Carroll, Chairman Scott Wright, Treasurer CERTIFIED: Debbie Hoppe Authority Clerk

22 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO SERIES OF 2014 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND ADOPTING A BUDGET FOR THE AVON URBAN RENEWAL AUTHORITY FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015, AND ENDING ON THE LAST DAY OF DECEMBER, WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has directed the Authority s Executive Director/Secretary to prepare and submit a proposed budget for its consideration; WHEREAS, Virginia Egger, Town Manager, has submitted a proposed budget to said governing body on October 14, 2014; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 11, 2014 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are as follows for 2015: Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2015 Proposed Budget $ 776, , ,454 Ending Fund Balance $ 797,684

23 Section 2. That the budget, as submitted, hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 11 th day of November, ATTEST: AVON URBAN RENEWAL AUTHORITY Rich Carroll, Chairman Scott Wright, Treasurer CERTIFIED: Debbie Hoppe, Authority Clerk

24 TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR OCTOBER 14, 2014 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Carroll called the meeting to order at 5:12 PM. A roll call was taken and Authority members present were Chris Evans, Jennie Fancher, Buz Reynolds, Matt Gennett and Jake Wolf. Dave Dantas was absent. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Authority Clerk Debbie Hoppe, Treasurer Scott Wright and Assistant to Town Manager Preston Neill, as well as members of the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT There were no public comments made at this time. 4. CONSENT AGENDA 4.1. Appointment of Jennie Fancher as Vice Chair (Treasurer Scott Wright) Councilor Evans moved to appoint Jennie Fancher as Vice Chair; Councilor Dantas seconded the motion and it was passes unanimously by those present. 5. Work Session 5.1. Budget Presentation (Treasurer Scott Wright) 6. ADJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 5:25 PM. RESPECTFULLY SUBMITTED: Debbie Hoppe, Authority Clerk APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Matt Gennett Albert Buz Reynolds Jake Wolf

25 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Town Council From: Robert L. Ticer, Chief of Police Date: November 11, 2014 Agenda Topic: Saved by the Belt Presentation to Mr. Brent Stone It is my honor and privilege to present Mr. Brent Stone with the Avon Police Department Saved by the Belt Award for surviving a significant car crash that he was involved in on September 4, 2014 on Interstate 70 in the Town limits of Avon. The Saved by the Belt Program is designed to recognize survivors of car crashes who are not at fault and their injuries are significantly reduced as a result of properly wearing their safety belt. On the date of the crash, Mr. Stone was driving westbound on Interstate 70 when a westbound delivery box truck decelerated rapidly before turning illegally into a median turn-around causing Mr. Stone s vehicle to strike the heavy metal lift gate of the truck. This collision caused significant damage to the front of Mr. Stone s vehicle and to the driver s side A post/door, and windshield. Mr. Stone told investigating officer Tyler Churches at the scene that he may have been killed if he were not properly buckled up. Investigating officers reached the same conclusion. Mr. Stone walked away from this collision that day after being treated and released at the scene for minor injuries. On behalf of the Avon Police Department we thank Mr. Stone for properly buckling up, as his decision resulted in significantly lesser injuries in this vehicle crash. Attachments: PowerPoint Presentation Respectfully Submitted, Robert L. Ticer Chief of Police

26 Brent Stone BACK TO AGENDA

27 Saved by the Belt AVON POLICE DEPARTMENT On September 4, 2014, I investigated a motor vehicle accident that occurred on Interstate 70 westbound at MM 166. Brent Stone was traveling in the right lane when a delivery box truck that was traveling in front of him attempted to turn into an emergency turnaround from the right lane. Brent made contact with a metal lift gate. The lift gate caused extreme damage to the driver side of Brent s vehicle. Brent s vehicle deployed both airbags. Brent was wearing his seat belt. Brent made a comment that without his seatbelt he probably would have received severe injuries. Brent had only minor scrapes as a result of him wearing his seatbelt. After the investigation it was determined that Brent was not at fault for the accident. Brent was traveling at the posted speed limit and he was in the appropriate lane of travel when not passing. I would like to nominate Brent Stone for the Saved by the Belt Award

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34 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Town Council From: Robert L. Ticer, Chief of Police Date: November 11, 2014 Agenda Topic: Intergovernmental Agreement for Eagle County Animal Control Services (Renewal) Summary: The Avon Police Department is recommending approval of the attached IGA to allow Eagle County Animal Control Services to continue to serve the Town of Avon. Previous Council Action: The Avon Town Council previously approved an IGA with Animal Control Services for Calendar Year This renewal IGA is for Calendar Year 2015, and has no substantive changes from the current and existing contract. Background: The Avon Police Department does not employ an Animal Control Officer or maintain facilities to manage the intake or safekeeping of domestic animals. This IGA will continue to allow Eagle County Animal Control Services to serve the Town of Avon and provide the following: Twenty-four hours per day emergency on call service. Animal shelter service. Investigation and reporting of animal bite incidents. Enforcement of the leash law by citing violators into the Municipal Court. Response to calls from the Police Department or from citizens. The following activity has been recorded by the Eagle County Animal Control in the Town Limits of Avon: Bites to persons 73 Field Enforcements (total animal related calls for service) 2 Seizures, (owners in custody) 54 Stray or At-large cases 1 Animal Surrenders 8 Cruelty/Neglect Investigation

35 2014 through September 7 Bites to persons 63 Field Enforcements 2 Seizures, (owners in custody) 40 Strays or At-large cases 2 Animal Surrenders 4 Cruelty/Neglect investigation Discussion: Eagle County Animal Control Services will respond to calls; however, they do not provide routine patrol in Avon. Due to budget savings plans in 2011, the Avon Police Department eliminated the Police Service Officer (PSO) position. A portion of the PSO duties included enforcement of the leash law ordinance. Due to the staffing reduction, pro-active patrol for animal ordinance violations is conducted by Avon Police Officers. This Agreement is effective January 1, 2015, and shall end on the 31st day of December The Agreement shall run yearly from January 1, to December 31, each year, with a review by each party in August of that year. Either party shall have the right to terminate this Agreement with or without cause at any time by giving the other party thirty (30) days prior written notice of termination. Obligations of the Town and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. Financial Implications: The contract is $ per month under this IGA, which has been budgeted for in the 2015 Police Department Budget. Additionally, the County shall bill the Town for On-Call Emergency Services at the rate of $50.00 per hour in the case of a call-out after hours. Staff Recommendation: It is recommended that the attached IGA with Eagle County for Animal Control Services be approved. Alternatives: If the IGA is not approved, the Avon Police Department will be required to provide animal control service to the community, which may reduce patrol coverage and law enforcement response times to active law enforcement incidents. Recommended Motion: I move to approve the renewal of the Eagle County Animal Control Services IGA for Calendar Year Town Manager Comments: Attachments: 2015 Eagle County Animal Control IGA with the Town of Avon

36 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON This Agreement made this day of, 2014 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Avon, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section and , Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Avon. SECTION 2. DEFINITIONS. Emergency On-Call Service is defined as any emergency call received by the County for which Animal Services assistance is required and no Animal Services Officer is on duty to respond. Shelter means the Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town.

37 SECTION 3. SCOPE OF SERVICES. The County agrees to provide General Animal Services and Emergency On-Call Service within the Town of Avon as follows: A. General Animal Services shall include: i. Administration and enforcement of the Town of Avon Title 6 presently in effect and as may be subsequently amended to apply for the control and licensing of animals within the Town boundaries. Eagle County Animal Services shall be considered the Animal Control Officer of the Town as defined by Section of the Town of Avon Municipal Code. ii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Avon. iii. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the Town are animals impounded within the Town of Avon and animals owned by persons dwelling, permanently or temporarily, in the Town of Avon. B. Twenty-four (24) hours per day Emergency On-Call Service. i. Emergency on Call Service will be provided during the period when an Eagle County Animal Services Officer is not on duty. In the event that an Eagle County Animal Services Officer is not immediately available to respond to an incident or emergency, the Town of Avon will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Services Officer arrives to resolve said incident. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town s agent, the Town of Avon Animal Ordinances relating to animal control and licensing now in effect and as amended.

38 SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. The Town of Avon agrees to pay the County, monthly, the sum of $ for General Animal Services. On Call Emergency Services shall be billed at: $50.00 per hour. The Town of Avon agrees to pay the County on or before the fifteenth day of each month for all General Animal and Emergency On-Call Services rendered the previous month. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. SECTION 7. PERSONNEL. The Eagle County Animal Services Officer shall have full cooperation from the Town of Avon, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Services for the Town of Avon, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION 8. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and

39 from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 9. TERM AND TERMINATION. This Agreement is effective January 1, 2015, and shall end on the 31st day of December, Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rate for the number of days the County performed General Animal Services and adding all charges for any additional services, including Emergency On Call Services, performed by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Avon and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Avon and the County, under this Agreement, shall be in writing and shall be deemed to have been given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows:

40 Town of Avon: Chief of Police P.O. Box 975 Avon, CO County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties

41 hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination.

42 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Jillian H. Ryan, Chairman Attest: By: Teak J. Simonton, Clerk to the Board TOWN OF AVON Attest: By: By: Town Clerk Mayor

43 TOWN COUNCIL REPORT To: From: Honorable Mayor and Town Council Susan Fairweather, Director of Economic Initiatives Virginia C. Egger, Town Manager Date: November 11, 2014 Agenda Topic: Grand Opening of Possibility Plaza, the Main Street Mall & Après Avon Inaugural Event BACKGROUND All improvements to Avon Road, including the construction of the Roundabout 4 AWSC element, new street lights and pedestrian crossing signalization will be completed later this month, with the Main Street Mall and Possibility Plaza finishing up this week. Mayor Pro tem Jennie Fancher raised the idea to have a grand opening to commemorate the improvements and celebrate the official opening of the public space. Staff has been discussing for the past year the possibility of having an event during the Birds of Prey World Cup weekend, and also carrying forward this winter s 2015 AWSC Après Avon into an annual event, including winter market. Bringing the grand opening, World Cup weekend and Après Avon concepts together has led to the development of an event concept for December 5 th at Possibility Plaza. EVENT CONCEPT The December 5 th event, titled for now Après Avon, A Grand Opening, includes: Live music, food, alcohol, nonalcoholic drinks, performance art and free hot chocolate (while supplies last) from 4:00 7:00 p.m. A best effort will be made to create Avon s first evening winter market with local businesses during the event. The event will be on a smaller scale than any of the planned Après Avon afternoons, but with similar elements of Après Avon planned during the 2015 AWSC. The rationale is to celebrate the opening of the plaza and mall while giving a test run of the larger production planned for February Town Manager Virginia Egger has negotiated a Professional Services Agreement with Scotty Stoughton, producer of Après Avon, to produce the one day event on Friday, December 5, subject to Council concept and funding approval. EVENT BUDGET Costs estimates for the event include deposits for talent, hotel, lodging, equipment and other related expenses, including stage rental, heat, electricity, etc., for a total budget of $18,600. The table below summarizes the estimated expenditures. Of importance is the budget for higher tier band and guest performer for the event, which adds about $3,000 to the cost of the musicians, and associated expenses. Bringing better music to the event is recommended to provide a remarkable evening with greater attendance than could be expected from a more known local band.

44 Funding is available from 2014 unexpended line items, including Icing on Park, an event which does not attract a large enough gathering to be cost effective. The Town is working closely with the Vail Valley Foundation, producers of the Birds of Prey World Cup, to find opportunities to cross promote the event. BUDGET GRAND OPENING OF THE MALL & APRÈS AVON Hotel for Musicians $600 Airline Fee/Ground Transportation for musical guest $900 Talent - Band $3,500 Site Ops - Prepay on services and infrastructure $6,300 Production expenses backline, stage, etc. $2,100 Marketing $1,000 Creative $500 Performance Art $2,000 Subtotal $16,900 Contingency funds unforeseen event related expenses $1,700 Producer Request $18,600 Staff Funding Recommendation - Staff has reviewed the concept, production budget, and talent proposal and recommends approval, with the proposed budget being adequate and appropriate for the caliber of the event. Council Action If Council would like to move forward with the event, a recommended motion is: I approve the Grand Opening of Possibility Plaza, the Main Street Mall & Après Avon Inaugural Event concept, title, date and funding. Page 2 Grand Opening of Possibility Plaza, the Main Street Mall & Après Avon Inaugural Event

45 TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: October 20, 2014 Agenda Topic: PUBLIC HEARING: 2 nd Reading of Ordinance 14-19, an Ordinance Amending Title 6, Animals, AMC & Chapter 9.40, Public Parks, AMC Regulations affecting Leash Laws on the West Avon Preserve Summary Attached to this report is Ordinance 14-19, an Ordinance amending Title 6, Animals, Avon Municipal Code ( AMC ), and Chapter 9.40, Public Parks, AMC. First and foremost, this Ordinance provides added flexibility to pet owners who use the West Avon Preserve ( the Preserve ) who wish to walk pets off leash. Currently, all animals in the Town of Avon must be leashed at all times. This code change stems from the recent acquisition of the Preserve and the enforcement duties assigned to the Town through a Conservation Easement and Town Code. Through the process of public open houses for new trail discussion, and discussing the content of signage for the Preserve with residents and trail users, the topic of walking dogs came to light. Council will consider 2 nd Reading and Public Hearing Ordinance at the November 11 th, 2014 meeting. Context The Preserve is a 478 acre property that was acquired in May, 2013, with significant conservation values. The Preserve serves as wildlife habitat and scenic open space, with recently renowned recreational values that are realized by significant trail construction in Residents have historically used the Preserve for the casual enjoyment of walking pets to Beaver Creek Point and some of the other social trails. Since the Preserve was acquired in 2013 and technically subject to all aspects of the AMC, including Title 6, Animals, no changes to the enforcement of pets off leash has resulted. Ordinance would allow pets off leash, under voice control. Additionally, authority would be granted to the Town Manager to provide additional management discretion (i.e. seasonal closures) to help protect the conservation values. Ordinance Highlights Pets would be allowed off-leash on West Avon Preserve, including trails on adjacent open space tracts (i.e. portions of Tract P) part of the WIldridge Subdivision. Pets must be under voice control, as defined, and owners must carry leashes. o If dog causes injury, damage or trespass then dog is not under voice control and in violation of code. Changes to Chapter 9.40, Public Parks, have been incorporated since first reading to reinforce Town Manager authority for managing trail closures and animal control for all open space as well as parks. Park definition added so that Town Manager authority applies to open space as well as parks (i.e. drones, camping, fires, etc). ORDINANCE 14-19, TITLE 6, ANIMALS, & CHAPTER 9.40, PUBLIC PARKS, AMC LEASH LAWS ON WEST AVON PRESERVE PAGE 1 OF 2

46 Recommendation If Council finds the attached (Attachment A) Ordinance and modified code language appropriate, Staff Recommends approval as drafted. Attachment Ordinance ORDINANCE 14-19, TITLE 6, ANIMALS, & CHAPTER 9.40, PUBLIC PARKS, AMC LEASH LAWS ON WEST AVON PRESERVE PAGE 2 OF 2

47 TOWN OF AVON, COLORADO ORDINANCE SERIES of 2014 AN ORDINANCE AMENDING TITLE 6, ANIMALS, AVON MUNICIPAL CODE, AND CHAPTER 9.40, PUBLIC PARKS, AVON MUNICIPAL CODE, ADDING NEW REGULATIONS REGARDING LEASH LAWS ON THE WEST AVON PRESERVE PROPERTY WHEREAS, the Town of Avon acquired the West Avon Preserve property for open space and recreational purposes in 2013; and, WHEREAS, the Town Council of the Town of Avon finds that the West Avon Preserve property has historically been utilized by dog owners without leashes with certain restrictions; and, WHEREAS, the Town Council of the Town of Avon finds that seasonal wildlife closures and other restrictions can be properly managed by the Town Manager with consultation from outside agencies and land managers; and, WHEREAS, the Town Council of the Town of Avon finds that amendments to Title 6, Animals, Avon Municipal Code, and Chapter 9.40, Public Parks, Avon Municipal Code, will promote the health safety and welfare of the Avon community; and, WHEREAS, the Town Council of the Town of Avon conducted a public hearing on November 11, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies the proposed amendment to the Avon Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendment to Title 6, Animals. Title 6, Animals, Avon Municipal Code, is amended by adding the underlined language as follows: Section , Definitions, is amended to repeal and re-enact the definition of Control and to adopt and add the definition of Preserve and Voice control to read as follows: Control means the physical restraint or influence over a cat or dog by means of a secured leash, tether, cord or chain no longer than ten (10) feet in length which is being held by a person who is thereby in fact able to prevent the cat or dog from Page 1 of 4 Ord No Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code

48 charging, chasing or otherwise disturbing or interfering with any person, domestic animal or wildlife, irrespective of the presence of any distraction or provocation. Preserve is the Town-owned 478-acre parcel of property located between Wildridge and Interstate 70 also known as the West Avon Preserve and includes property designated as open space and/or park and/or planned unit development open space as established by the Avon zoning districts. Voice control means immediate and reliable obedience to any voice or sound command given by the owner or handler who is thereby in fact able to prevent the dog from charging, chasing or otherwise disturbing or interfering with any person, domestic animal or wildlife, irrespective of the distance involved or the presence of any distraction or provocation. Section (a) is amended by adding language to read as follows: (a) With the exception of the Preserve property, it is the duty of any owner or keeper of a dog or cat to keep such dog or cat under control, as herein defined, so as to prevent the dog or cat from: (1) Running at large; (2) Becoming a danger to persons or property; (3) Trespassing on the property of another; (4) Being a public nuisance as defined in Section ; (5) Chasing or threatening wildlife. Section , Control, is amended by adding sub-section (l) to read as follows: (l) Any dog on the Preserve property shall be under voice control and furthermore the owner or keeper of a dog shall have in his or her possession at all times a leash. A dog is presumed to be running at large and not under voice control if injury, damage or trespass occurs. Section 3. Amendment to Chapter 9.40, Public Parks. Chapter 9.40, Public Parks, Avon Municipal Code, is amended by adding underlined language as follows: Section , Definitions, is amended by adding the definition of Park and Preserve to read as follows: Park means any Town owned property that is included in the Park zone district, Open Space, Landscaping and Drainage zone district, or Planned Unit Development district with a designated park or open space use, and Town owned property that is otherwise designated by Council as park or open space. Preserve is the Town-owned 478-acre parcel of property located between Wildridge and Interstate 70 also known as the West Avon Preserve and includes property designate as open Space and/or park and/or planned unit development open space as established by the Avon zoning districts. Page 2 of 4 Ord No Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code

49 Section , Town Manager Authority, is amended to read as follows: The Town Manager shall have the authority to designate hours of operation, designate areas for uses or restriction of uses, establish procedures for licensing and permitting, designate park areas where voice control of dogs is permitted and take action on such other matters regarding parks as set forth in this Chapter. The Town Manager shall have the authority to manage and modify rules for the Preserve including but not limited to modifying closures for wildlife protection. Section 4. Correction of Errors. The codifier of the Town s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any topographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term provision means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term application means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall, Avon Recreation Center and Avon Public Library, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. The Town Clerk is further ordered to publish a notice stating a vested property right has been created in accordance with Section (d)(2) of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS] Page 3 of 4 Ord No Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code

50 INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED on October 28, 2014 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on November 11, 2014, at 5:00 P.M. in the Council Chambers, Avon Municipal Building, One Lake Street, Avon, Colorado. Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: Debbie Hoppe, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 11 th day of November, Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Debbie Hoppe, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney Page 4 of 4 Ord No Amending Title 6, Animals, & Chapter 9.40, Public Parks, Avon Municipal Code

51 TOWN COUNCIL REPORT To: Honorable Mayor and Town Council From: Matt Pielsticker, AICP, Planning Manager Date: November 5, 2014 Re: Revocable Encroachment License for Private Improvements on Public Property located on Lot 65-A, Block 2, Benchmark at Beaver Creek Summary Before Council for action is a revocable License Agreement for a private sign on public property located adjacent to the commercial building located at 182 Avon Road. The sign was installed without permits or approval at or about August 15, The sign is located next to the Christy Sports tenant space on Lot 65-A, Block 2, Benchmark at Beaver Creek Subdivision. Lot 65-A is a triangle parcel which encompasses an the area between Christy Sports and the Annex Building to the north. This property contains on-street parking, the roadway connecting Avon Road to Chapel Square, as well as private parking for the Annex property. PZC Design Approval The Planning and Zoning Commission ( PZC ) approved a design application for signs at the Christ y Sports property, now known as The Crossing, at their September 23 rd meeting. The design approval included the subject freestanding monument sign (see attached design), which includes tenant panels and building identification component. PZC s approval was conditional based on the following: Finding - Monument sign design conforms to review criteria #1, The suitability of the improvement, including materials with which the sign is to be constructed and the site upon which it is to be located; the monument sign is found to be suitable on Lot 65-A (public property), and is the appropriate location as it creates uniformity amongst other freestanding signs in the vicinity. Condition - The monument sign is located on Town of Avon property (Lot 65-A). This approval is for design only; final approval must be obtained from the Avon Town Council, or sign must be relocated to location within Lot 21 and approved by Staff. The PZC discussed the unique nature of The Crossing building, sitting almost flush with the Lot 65-A property line. There was discussion about the lack of other suitable locations for such sign type, and PZC ultimately approved the location based on the fact that tenants further from the property line have scarce visibility and the sign orientation and location was consistent with other recent approvals in the area. Public Parking Lot Council recently approved an Ordinance and License Agreement for the construction of public parking and landscaping on the adjacent Avon Road Right-of-Way property. This particular License Agreement requires that the parking be accessible and open to the parking by the general public without charge and signed accordingly. The parking was not been constructed this year due to time constraints, however, the agreement allows for the parking lot to be built before November 15, Construction of the parking is expected next year.

52 It is staff s recommendation to require that a sign panel reading Public Parking be added to the monument sign as a condition to the attached draft License Agreement when the parking lot is constructed, providing a a direct, tangible, public purpose for the commercial sign in Town right-of-way. Available Actions Approve License Agreement as drafted. Approve modified License Agreement. Continue action on License Agreement to future meeting. Motion If Council wishes to proceed with the License Agreement for Private Improvements on Lot 65-A, Block 2, Benchmark at Beaver Creek, the recommended motion is: I move to approve the License and Encroachment Agreement attached to Matt Pielsticker s November 5, 2014 Staff Report [with or without modifications.] Attachments Sign Design License Agreement Page 2

53 LICENSE AGREEMENT FOR PRIVATE IMPROVEMENTS ON A PORTION OF LOT 65-A, BLOCK 2, BENCMARK AT BEAVER CREEK SUBDIVISION 1.0 PARTIES. The parties to this agreement ( Agreement ) are the TOWN OF AVON, COLORADO, a Colorado home rule municipality ( Town ) and HOFFMANN COMMERCIAL PROPERTIES, LLC ( Licensee ). This Agreement is effective upon execution by the Licensee and following execution by the Mayor on the date indicated below. 2.0 RECITALS AND PURPOSE The Town is the owner of certain property located in the Town of Avon, Eagle County, Colorado, commonly known as Lot 65A, Block 2, Benchmark at Beaver Creek Subdivision. A portion of Lot 65-A that is subject to this Agreement is more specifically described on Exhibit A License Agreement ( Exhibit ) and such portion of Lot 65A shall be referred to as the Town Property The Licensee has expressed a desire to encroach upon and occupy the Town Property for the purpose of installing, constructing, and maintaining certain temporary landscape improvements Licensee agrees to construct a freestanding tenant sign and associated landscaping ( Private Improvements ) on the Town Property. Town further finds that the Private Improvements on Town Property provide benefits and value that equal or exceed the value of the Town Property that the Town is providing for use by Licensee The Town is willing to grant a revocable license to the Licensee under the terms and conditions as hereinafter specified in this Agreement provided that nothing in this Agreement shall waive or modify any obligation to seek building permits, right-of-way permits (including traffic control), variances, or other approval necessary to meet any obligation imposed by law. The Licensee remains obligated to apply for and obtain all necessary permits and approvals, pay all required fees, and comply with all applicable local laws, including but not limited to any applicable provisions in the Avon Municipal Code. 3.0 TERMS AND CONDITIONS The Town hereby grants to the Licensee a revocable license for the encroachment and occupation described as follows: landscape plantings (trees, shrubs, and ground cover), retaining walls, as such Private Improvements are depicted on the Exhibit; provided, however, that nothing in this Agreement is intended to waive, alter, modify, or permit any violation of any local law applicable within the Town of Avon. To the extent that the location or other specifications of this Agreement or any exhibit conflicts with local laws, the local law shall govern. Except for the encroachment and occupation of the Private Improvements identified in this 3.1 and depicted on the Exhibit, no other encroachment, structure, improvement, vehicle, fence, wall, landscaping, or any License Agreement Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 1 of 6

54 other real or personal property shall be erected, installed, constructed, parked, stored, kept, or maintained in any way or fashion on the Town Property The encroachment and occupation as specified in 3.1 above shall continue from the date of this Agreement to the time that this Agreement is terminated. The Town may terminate this Agreement at any time if the Town Council, following a duly noticed public hearing, makes a legislative determination that removal of the Private Improvements is necessary to protect the public health, safety, or welfare of the Avon community. At such time as the Town Council makes a determination that removal of the Private Improvements is necessary, the Town Council shall also make a legislative determination regarding the reasonable period of time within which the Private Improvements must be removed. Except in the case of a public safety emergency or where a shorter period of time is justified due to the nature of the Private Improvements, the Licensee shall customarily not be required to remove the Private Improvements within less than thirty (30) days of notice to the Licensee. The Town may also terminate this Agreement at any time in the case of a declaration by the Town Council for the Town of Avon that a public safety emergency exists by giving written notice to the Licensee five (5) days in advance of the effective date of termination The Licensee agrees to construct, maintain, and repair the Private Improvements placed or located on the Town Property by the Licensee or its lessees, agents, employees, or other persons under the control or direction of the Licensee pursuant to this Agreement at the cost and expense of the Licensee and at no cost or expense to the Town The Licensee agrees to remove or cover graffiti or other damage caused to the Private Improvements within a reasonable time following notice or knowledge of such damage or within forty-eight (48) hours of delivery to the Licensee of a written demand by the Town, whichever is earlier The Licensee agrees to maintain the landscaping in a healthy condition at all times during this Agreement and shall be responsible for ensuring the proper pruning or replacement as necessary to present a healthy landscape condition The Licensee expressly agrees to, and shall, indemnify and hold harmless the Town and any of its officers, agents, or employees from any and all claims, damages, liability, or court awards, including costs and attorney s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any omission or act of commission by the Licensee or any of its employees, agents, partners, or lessees, in encroaching upon the Town Property. In particular and without limiting the scope of the foregoing agreement to indemnify and hold harmless, the Licensee shall indemnify the Town for all claims, damages, liability, or court awards, including costs and attorney s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been sustained by anyone, including but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any claim in whole or in part that License Agreement Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 2 of 6

55 all or any portion of the Private Improvements and encroachment permitted by this Agreement constitutes a dangerous and/or unsafe condition within a public right-of-way The Licensee agrees that it will never institute any action or suit at law or in equity against the Town or any of its officers or employees, nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, or compensation for or on account of any damages, loss, or injury either to person or property, or both, known or unknown, past, present or future, arising as a result of or form the revocable license granted to the Licensee by this Agreement. This provision includes but is not limited to claims relating to road maintenance, snow removal or other public works activities performed by or on behalf of the Town The Licensee agrees that the Town is not liable, and will not assume any liability, responsibility, or costs for any damage, maintenance, or repair of any Private Improvements erected or maintained by the Licensee under this Agreement The Licensee agrees to repair and reconstruct any damage to the Town Property upon termination of this Agreement or removal of the Private Improvements described in 3.1 and any other improvements erected by the Licensee on the Town Property and the Licensee shall return the Town Property to its original condition at the cost and expense of the Licensee and at no cost or expense to the Town. In the event that Licensee does not remove the Private Improvements and repair and restore Town Property to the condition prior to this Agreement within the time period determined in 3.2 above, then Licensee shall be deemed to have abandoned the Private Improvements and any rights thereto and the Town may proceed to remove the Private Improvements. The Town may seek recovery of all costs incurred for the removal of Private Improvements from Town Property, repair of damages to Town Property, and restoration of Town Property, including legal costs and reasonable attorney fees The Licensee agrees to procure and maintain, at its own cost, a policy or policies of insurance protecting against injury, damage or loss occurring on the licensed premises in the minimum amount of $1,000, per occurrence. Such policy or policies shall name the Town as an additional insured. However, the Licensee s failure to take such steps to insure the premises shall not waive, affect, or impair any obligation of the Licensee to indemnify or hold the Town harmless in accordance with this Agreement The Licensee shall be deemed to have intentionally and irrevocably abandoned and relinquished rights and interest in the Private Improvements in the event that the Licensee conveys all the Licensee s interest in the property or properties obtaining access or receiving benefit from the improvements and encroachments described in this Agreement. The Town shall be entitled to rely upon the public records of ownership maintained by the office of either the Eagle County Clerk and Recorder or the Eagle County Assessor in rendering a determination that the Licensee has abandoned and relinquished the Licensee s rights and interests as provided by this paragraph. In such event, the Town may remove and demolish such improvements without notice to the Licensee. License Agreement Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 3 of 6

56 4.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior written consent of the Town which may withhold its consent for any reason; provided that the Town encourages the Licensee to inform any purchaser of the Licensee s property or interests of the existence of this Agreement and the Town will promptly consider any request by the Licensee for assignment of this Agreement to such subsequent purchaser. 5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if personally served or if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. 6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Invalidation of the Agreement in its entirety shall revoke any authorization, whether explicit or implied to the continuing use and occupancy of the Town Property for the Private Improvements. 7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. 8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town shall incur no cost or expense attributable to or arising from the construction, maintenance, or operation of the Private Improvements and encroachment permitted by this Agreement and that, in all instances, the risk of loss, liability, obligation, damages, and claims associated with the encroachment shall be borne by the Licensee. This Agreement does not confer upon the Licensee any other right, permit, license, approval, or consent other than that expressly provided for herein and this Agreement shall not be construed to waive, modify, amend, or alter the application of any other federal, state, or local laws, including laws governing zoning, land use, property maintenance, or nuisance. License Agreement Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 4 of 6

57 11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are expressly authorized to execute this Agreement on behalf of the Parties and to bind their respective Parties and that the Parties may rely upon such representation of authority LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this Agreement or to recover reimbursement costs for removal of Private Improvements from, repair of any damages, and/or restoration of Town property subject to this Agreement, Town shall be entitled to recover any and all legal costs and attorney s fees incurred. [SIGNATURE PAGE FOLLOWS] License Agreement Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 5 of 6

58 DATED NOVEMBER 11, TOWN OF AVON: By: Rich Carroll, Mayor ATTEST: Debbie Hoppe, Town Clerk Approved as to Form: Eric J. Heil, Town Attorney LICENSEE: By: Name: Title: STATE OF COLORADO ) ) COUNTY OF EAGLE ) Address: PO Box 1980 Avon, CO The foregoing instrument was acknowledged before me this day of, 20, personally by. Notary Public (SEAL) Commission expires: License Agreement Crossing Sign Improvement on Lot 65-A November 4, 2014 Page 6 of 6

59

60 H E I L L A W & PLANNING, LLC M EMORANDUM TO: Honorable Mayor Carroll and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ordinance No Approving Acquisition of Tract S DATE: November 6, 2014 Summary: Ordinance No is presented to Council for consideration for second and final reading. Ordinance No would authorize the acquisition of Tract S from the Twin Bears Townhomes Common Area. During the construction of the recreational trails on the West Avon Preserve, the preferred alignment of one trail encroached slightly on the Twin Bears Townhomes common area. Town has worked closely with the Twin Bears Townhomes owners to address this trail encroachment. Tract S is.015 acres, or 652 square feet. The consideration for the acquisition would be $8,000 ($12.2 per square foot), which Town staff believes is a reasonable and market based price considering the circumstances. Acquisition of a fee simple interest by the Town was determined to be preferred over a license agreement or permanent easement because the Town s liability and maintenance responsibility for the trail would be more clear and would be consistent with Town property management as a Town property. A formal purchase agreement has not been prepared due to the small amount of property involved and modest amount of consideration proposed. Town staff has negotiated the acquisition price and agreed to pay the costs of preparing a subdivision plat to create Tract S for conveyance. Approval of the subdivision plat to create Tract S would be administrative and would be finalized only after Council approves Ordinance on second and final reading. The form of the deed for conveyance is currently under discussion with the Twin Bears Townhomes owners association. Council must conduct a public hearing for second reading of an ordinance. Proposed Motion: I move to approve Ordinance No Approving Acquisition of Tract S of the Twin Bears Townhomes, Town of Avon, Colorado on second and final reading. Attachment A: Ordinance No Attachment B: Subdivision Depiction of Tract S Heil Law & Planning, LLC Office: S. Clermont St. Fax: Denver, CO eric@heillaw.com

61 ATTACHMENT A: ORD NO TOWN OF AVON ORDINANCE SERIES of 2014 AN ORDINANCE APPROVING THE ACQUISITION OF TRACT S OF THE TWIN BEARS TOWNHOMES, TOWN OF AVON, COLORADO WHEREAS, the Town of Avon and Twin Bears Townhome Owners Association, have mutually agreed to the sale and conveyance to the Town of Avon of a portion of the Twin Bears Townhome common area, described as Tract S of the AMENDED FINAL PLAT, A RESUBDVISION OF TWIN BEARS TOWNHOMES, Lot 3, Block 2, Wildridge Subdivision, Town of Avon, County of Eagle, Colorado ( Property ); WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may acquire real property interests and Colorado Revised Statutes section (1)(d) provides that municipalities may acquire and hold real property; WHEREAS, the Town Council finds that acquisition of this Property supports Avon Comprehensive Plan by adding recreational trails for use and enjoyment by the Avon community and securing property that allows a better trail that minimizes excavation and disturbance of native vegetation; WHEREAS, the Town Council finds that acquisition of the Property shall promote the health, safety, prosperity, convenience and general welfare of the Avon community by; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to provide public comment on this Ordinance and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Acquisition Approved. The acquisition of the Property for $8, is hereby approved. The form of the deed shall be subject to review and approval by the Town Attorney. Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and Town Clerk are authorized to execute and attest to documents related to acquisition of the Property in accordance with this Ordinance and take such other actions as may be reasonably necessary to implement the actions in this Ordinance. Ord. No Approving Acquisition of Tract S, Twin Bears Townhomes November 11, 2014 FINAL Page 1 of 3

62 ATTACHMENT A: ORD NO Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term provision means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term application means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title only in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Signature page follows] Ord. No Approving Acquisition of Tract S, Twin Bears Townhomes November 11, 2014 FINAL Page 2 of 3

63 ATTACHMENT A: ORD NO INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for November 11, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on October 28, Rich Carroll, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least six days prior to final action by the Town Council. ATTEST: Debbie Hoppe, Town Clerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on November 11, Rich Carroll, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Debbie Hoppe, Town Clerk APPROVED AS TO FORM: Eric J. Heil, Town Attorney Ord. No Approving Acquisition of Tract S, Twin Bears Townhomes November 11, 2014 FINAL Page 3 of 3

64 ATTACHMENT B: TRACT S DEPICTION

65 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: November 11, 2014 Re: Adoption of Proposed 2015 and Final Revised 2014 Operating Budgets Summary: The Town s final revised operating budgets for 2014 and proposed 2015 are hereby submitted for adoption by the Avon Town Council. According to State Statute, because the Town levies a property tax, the budget must be adopted by December 15, and filed with the Division of Local Governments no later than January 31. This budget meets this and all other legal requirements for submission. The Town Manager and staff presented the recommended budget at the Council work session held on October 14 nd. Changes were made to the General Fund based on Council requests and the revisions were submitted and approved by council on October 28 th. Public Hearing. As required by Town Charter, on November 11, 2014, a public hearing will be held for members of the public to comment on the proposed 2015 budget. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented. Exhibits and Attachments: 2015 Financial Overview, Total - All Funds 2015 Financial Overview, Total by Fund Resolution No Resolution No

66 TOWN OF AVON Financial Overview TOTAL - ALL FUNDS Original or Final Prev. Amend. Revised Proposed Actual Budget Budget Budget REVENUES Taxes $ 12,529,700 $ 13,066,894 13,825,178 $ 15,924,726 Licenses and Permits 336, , , ,500 Intergovernmental 8,415,474 2,270,543 2,245,043 1,306,956 Charges for Services 3,445,308 3,899,203 3,795,810 3,680,356 Fines and Forfeitures 104, , , ,900 Investment Earnings 21,296 27,775 29,455 24,113 Other Revenue 547, , , ,709 Total Operating Revenues 25,400,333 19,982,320 20,721,547 21,650,260 Other Sources Sales of Fixed Assets 59,511 3,500 12,555 27,000 Capital Lease Proceeds 175, , ,062 - Bond and Loan Proceeds 6,825,000-9,829,000 - Transfers-In From Other Funds 3,282,160 4,714,736 6,244,282 4,118,822 Total Other Sources 10,341,997 4,906,298 16,273,899 4,145,822 TOTAL REVENUES 35,742,330 24,888,618 36,995,446 25,796,082 EXPENDITURES General Government and Finance 2,595,654 3,207,774 3,206,214 2,827,862 Community Development 536, , ,786 1,060,377 Public Safety 2,539,475 2,739,674 2,756,957 2,992,877 Road and Bridge, Engineering and Utilities 1,682,538 1,750,778 1,683,854 3,170,799 Transportation and Fleet Maintenance 2,692,039 2,952,221 2,998,630 3,558,517 Parks and Recreation 3,556,864 4,164,945 4,265,018 2,448,303 Total Operating Expenditures 13,603,053 15,299,840 15,398,459 16,058,735 Debt Service 7,895,962 1,985,077 1,991,931 2,051,276 Capital Improvements and Equipment Replacement 12,148,170 7,337,987 13,540,491 5,606,849 Contingency - 62,500 6, ,000 Other Uses Transfers-Out To Other Funds 3,282,160 4,481,736 6,244,282 4,118,822 TOTAL EXPENDITURES 36,929,345 29,167,140 37,181,663 27,935,682 NET SOURCE (USE) OF FUNDS (1,187,015) (4,278,522) (186,217) (2,139,600) FUND BALANCES, Beginning of Year 17,468,923 16,103,284 16,281,908 16,095,691 FUND BALANCES, End of Year $ 16,281,908 $ 11,824,762 $ 16,095,691 $ 13,956,091 Section II, Page 1

67 TOWN OF AVON Financial Overview TOTAL - BY FUND Special Revenue Funds Town Urban Community Affordable General Center Renewal Enhancement Water Housing Fund West Fund Fund Fund Fund REVENUE Taxes $ 10,820,041 $ - $ 698,162 $ - $ - $ - Licenses and Permits 153, Intergovernmental 948, Charges for Services 1,276, ,000 - Fines and Forfeitures 101, Investment Earnings 15,000-3, ,231 Other Revenue 309, ,000-2,510 Total Operating Revenues 13,624, ,303 84, ,000 3,741 Other Sources Sales of Fixed Assets Capital Lease Proceeds Bond and Loan Proceeds Transfers-In From Other Funds 1,538, , TOTAL REVENUES 15,163, , ,303 84, ,000 3,741 EXPENDITURES General Government, Housing and Finance 2,826, Community Development 1,060, Police 2,992, Public Works, Engineering and Utilities 3,005, ,238 - Transportation and Fleet Maintenance Recreation and Culture 2,191, , Total Operating Expenditures 12,077, , ,238 - Debt Service , Capital Expenditures Contingency 100,000 Other Uses Transfers-Out To Other Funds 1,672, , TOTAL EXPENDITURES 13,849, , , ,238 - NET SOURCE (USE) OF FUNDS 1,313,641 (6,625) 20,849 84,000 4,762 3,741 FUND BALANCES, Beginning of Year 3,315, , ,835 18, , ,594 FUND BALANCES, End of Year $ 4,628,677 $ 95,765 $ 797,684 $ 102,728 $ 849,231 $ 517,335 Section II, Page 2

68 TOWN OF AVON Financial Overview TOTAL - BY FUND Internal Facilities ebt Service Fund Capital Enterprise Funds Service Percent Reserve Bond Projects Transit Fleet Equipment of Fund Redemption Fund Fund Maintenance Replacement Total Total $ - $ 541,020 $ 3,825,312 $ 40,191 $ - $ - $ 15,924, % , % , , ,306, % ,066 1,372, ,737 3,680, % , % - 1,000 3, , % , , % - 542,020 3,859, ,337 1,372, ,737 21,650, % ,000 27, , ,000 1,102, ,000-4,118,822-1,350,507 3,979,053 1,796,337 1,672, ,737 25,796, ,827, % ,060, % ,992, % ,170, % ,869,598 1,688,919-3,558, % ,448, % ,869,598 1,688,919-16,058, % - 1,350, , ,051, ,086, ,170 5,606, , ,346, ,118,822-1,350,507 7,554,766 1,869,598 1,688, ,170 27,935, (3,575,713) (73,261) (16,561) 105,567 (2,139,600) - 511,335 6,547, , ,389 2,791,015 16,095,691 $ - $ 511,335 $ 2,971,625 $ 422,301 $ 162,828 $ 2,896,582 $ 13,956,091 Section II, Page 3

69 TOWN OF AVON, COLORADO RESOLUTION NO SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2014 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014 WHEREAS, the Town Council of the Town of Avon has previously adopted the 2014 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2014; and WHEREAS, the Town Council finds it necessary to amend the 2014 budget to more accurately reflect the revenues and expenditures for 2014; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2014 budget was open for inspection by the public at a designated place, a public hearing was held on November 11, 2014 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are revised as follows for 2014: Original or Current Previously Proposed Amended Amended 2014 Budget 2014 Budget General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 4,853,248 13,242,295 13,530,526 $ 4,853,248 13,518,711 15,056,923 Ending Fund Balance $ 4,565,017 $ 3,315,036

70 Town Center West Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2014 Budget $ 59, , ,089 Current Proposed Amended 2014 Budget $ 82, , ,902 Ending Fund Balance $ 59,849 $ 102,390 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 533,330 75, ,000 $ 542,728 84, ,000 Ending Fund Balance $ 333,330 $ 18,728 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 754, , ,089 $ 754, , ,089 Ending Fund Balance $ 744,469 $ 844,469 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 709,854 3, ,000 $ 709,854 3, ,000 Ending Fund Balance $ 513,594 $ 513,594 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 494,552 1,264,352 1,264,352 $ 511,335 1,264,352 1,264,352 Ending Fund Balance $ 494,552 $ 511,335 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 560,732 1,320,883 1,406,079 $ 560,732 1,318,414 1,383,584 Ending Fund Balance $ 475,536 $ 495,562

71 Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2014 Budget $ 304,827 1,449,935 1,546,142 Current Proposed Amended 2014 Budget $ 222,797 1,571,638 1,615,046 Ending Fund Balance $ 208,620 $ 179,389 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 2,433, , ,402 $ 2,495, , ,602 Ending Fund Balance $ 2,729,246 $ 2,791,015 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11 th day of November, TOWN OF AVON, COLORADO ATTEST: Rich Carroll, Mayor Debbie Hoppe Town Clerk

72 TOWN OF AVON RESOLUTION NO SERIES OF 2014 A RESOLUTION TO ADOPT THE 2015 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015 AND ENDING ON THE LAST DAY OF DECEMBER, 2015 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a proposed budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 11, 2014, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: 2015: Section 1. That estimated revenues and expenditures for each fund are as follows for General Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2015 Proposed Budget $ 3,315,036 15,163,046 13,849,405 Ending Fund Balance $ 4,628,677 Town Center West Maintenance Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 102, , ,625 Ending Fund Balance $ 95,765

73 Community Enhancement Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2015 Proposed Budget $ 18,728 84,000 0 Ending Fund Balance $ 102,728 Water Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 844, , ,238 Ending Fund Balance $ 849,231 Affordable Housing Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 513,594 3,741 0 Ending Fund Balance $ 517,335 Debt Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 511,335 1,350,507 1,350,507 Ending Fund Balance $ 511,335 Transit Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 475,536 1,796,337 1,869,598 Ending Fund Balance $ 402,275 Fleet Maintenance Enterprise Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses $ 179,389 1,672,358 1,688,919 Ending Fund Balance $ 162,828

74 Equipment Replacement Internal Service Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2015 Proposed Budget $ 2,791, , ,170 Ending Fund Balance $ 2,896,582 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11 th day of November, ATTEST: Debbie Hoppe Town Clerk TOWN OF AVON, COLORADO Rich Carroll, Mayor

75 TOWN COUNCIL REPORT To: Honorable Mayor Rich Carroll and Avon Town Council From: Kelly Huitt, Budget Analyst Date: November 11, 2014 Re: Adoption of Proposed 2015 and Final Revised 2014 Capital Projects Fund Summary: The Town s final revised Capital Projects Fund budget for 2014 and the proposed 2015 Capital Projects Fund budget are hereby submitted for adoption by the Avon Town Council. Also submitted for acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year plan). Concurrently with the presentation of the Town s operating budgets, the Town Manager presented her recommended Capital Projects Fund budget at the Council budget work session held on October 14. A public hearing will be held on November 11. No changes have been made subsequent to the October 28th budget work session. Recommendation: Staff recommends that Council adopt the resolutions discussed above as presented, and accept the long-range capital program as submitted. Exhibits and Attachments: Capital Projects Fund Budget Long-range Capital Program (5-year CIP Plan) Resolution Resolution 14-30

76 MUNICIPAL SERVICES Capital Projects Fund #41 Fund Summary Original or Final Prev. Amend. Revised Proposed Proposed Actual Budget Budget Budget Budget REVENUES Taxes $ 1,574,502 $ 1,600,000 $ 2,100,000 $ 3,825,312 $ 3,318,080 Intergovernmental 7,419,767 1,210,344 1,180,344 30,000 1,605,000 Investment Earnings 11,595 9,003 9,003 3,741 13,372 Other Revenue 528 1,500 68, Total Operating Revenues 9,006,392 2,820,847 3,358,290 3,859,053 4,936,452 Other Sources: Bond Proceeds - - 9,829, Operating Transfers-In 1,150,488 2,574,786 3,899, , ,000 Total Other Sources 1,150,488 2,574,786 13,728, , ,000 TOTAL REVENUES 10,156,880 5,395,633 17,087,076 3,979,053 5,256,452 EXPENDITURES Capital Improvements: Facilities 8,885,980 1,583,290 7,468,290 2,705,000 80,000 Land and Land Improvements 1,043, , , ,000 Roads and Streets 633,623 4,775,760 4,987,089 2,381,679 4,343,378 Utilities Water Fund Projects 1,150, , , ,000 Communications and Technology 85, , , Strategic Planning 3,500 5,000 5, Debt Service: Bond Issuance Costs , Capital Leases - 153, , , ,265 Total Capital Improvements 11,803,115 7,031,591 13,224,895 5,207,944 5,144,643 Other Uses Operating Transfer-Out - General Fund 201, , ,121 1,538, ,735 Operating Transfer-Out - Debt Service Fund 714, , , , , Total Other Uses 915, , ,496 2,346,822 1,181,552 TOTAL EXPENDITURES 12,718,787 7,951,541 14,164,391 7,554,766 6,326,195 NET SOURCE (USE) OF FUNDS (2,561,907) (2,555,908) 2,922,685 (3,575,713) (1,069,742) FUND BALANCE, Beginning of Year 6,186,560 3,624,653 3,624,653 6,547,338 2,971,625 FUND BALANCE, End of Year $ 3,624,653 $ 1,068,745 $ 6,547,338 $ 2,971,625 $ 1,901,883 Fund Balances Restricted For: Capitalized Interest $ - $ - $ 245,162 $ - $ - Town Hall Tenant Finish - - 2,520, Street Improvements - - 3,706,200 1,624, ,143 Asphalt Overlay , ,000 Unassigned: Unreserved 3,624,653 1,068,745 75,976 1,227,104 1,035,740 Total Fund Balances $ 3,624,653 $ 1,068,745 $ 6,547,338 $ 2,971,625 $ 1,901,883 Section IV, Page 1

77 TOWN OF AVON CAPITAL PROJECTS FUND 5-YEAR PLAN Proposed Current Revised Proposed Actual Budget Budget Budget Projected REVENUES Real Estate Transfer Tax: $ 1,574,502 $ 1,600,000 $ 2,100,000 $ 3,825,312 $ 3,318,080 $ 3,190,368 $ 2,000,000 $ 2,000,000 Interest Earnings 11,595 9,003 9,003 3,741 13,372 10,460 16,388 19,675 Intergovernmental: Federal/State: FTA 90 SGR 6,311,171 44,894 44, FTA / CDOT - ARRA 523, CDOT FASTER 585, , , GOCO Grant - Eagle Valley Trail - Phase 1-498, , CDOT Grant - Eagle Valley Trail - Phase ,355, GOCO Grant - Playground , Local Government: ECO Grant - Traer Creek Bus Stop - 30,000-30, Eagle County Trails Grant - Phase 2-522, , Eagle County Trails Grant - Saddleridge Trail - 15,450 15, Other Revenues: Fireplace Fees - 1,500 1, Donations and Contributions , Developer Reimbursements , Nonclassified , Total Operating Revenues 9,006,392 2,820,847 3,358,290 3,859,053 4,936,452 3,200,828 2,016,388 2,019,675 Other Sources: Debt Proceeds - Street Improvements - - 3,800, Debt Proceeds - Avon Town Hall - - 6,029, Transfers-in General Fund: - Nottingham Park Pavilion - 700, , Short-term Loan - - 1,325, Asphalt Overlay , , , , ,000 Transfers-in Avon URA (Mall Improvement Project) - 700, , Transfers-in Community Enhancement Fund - Nottingham Park Pavilion 508, Mall Improvement Project , Power line Undergrounding , Transfers-in Facilities Reserve Fund (Capital Projects Fund Consolidation) - 413, , Transfers-in Water Fund 1,150, , , , Total Other Sources 1,150,488 2,574,786 13,728, , , , , ,000 Total Revenues and Sources of Funds $ 10,156,880 $ 5,395,633 $ 17,087,076 $ 3,979,053 $ 5,256,452 $ 3,320,828 $ 2,136,388 $ 2,139,675 Section IV, Page 2

78 TOWN OF AVON CAPITAL PROJECTS FUND 5-YEAR PLAN Proposed Current Revised Proposed Actual Budget Budget Budget Projected EXPENDITURES Capital Improvements: Facilities 8,885,980 1,583,290 7,468,290 2,705,000 80,000-75, ,000 Land and Land Improvements 1,043, , , , , Roads and Streets 633,623 4,775,760 4,987,089 2,381,679 4,343, , , ,000 Utilities Water Fund Projects 1,150, , , , Communications and Technology 85, , , Strategic Planning 3,500 5,000 5, Debt Service: Debt Issuance Costs , Capital Leases - 153, , , , , ,265 94,986 Total Expenditures 11,803,115 7,031,591 13,224,895 5,207,944 5,144,643 1,522, ,265 1,344,986 Other Uses: Operating Transfers Out - General Fund: - Engineering Department Salary and Operations 176, , , , , , , , Winter Wondergrass Festival 25, Repayment of Short-term Loan ,325, Operating Transfers Out - Debt Service Fund: Certificates of Participation Notes 250, , , , , , , ,133 - Town Hall & Parking Facility , , , , , Revenue Refunding Bonds (Rec Center) 464, , , Street Improvements , , , , ,825 Total Other Uses 915, , ,496 2,346,822 1,181,552 1,179,125 1,187,970 1,191,826 Total Expenditures and Uses of Funds 12,718,787 7,951,541 14,164,391 7,554,766 6,326,195 2,701,533 2,034,235 2,536,812 Net Source (Use) of Funds (2,561,907) (2,555,908) 2,922,685 (3,575,713) (1,069,742) 619, ,153 (397,137) Fund Balance, Beginning of Year 6,186,560 3,624,653 3,624,653 6,547,338 2,971,625 1,901,883 2,521,178 2,623,331 Fund Balance, End of Year $ 3,624,653 $ 1,068,745 $ 6,547,338 $ 2,971,625 $ 1,901,883 $ 2,521,178 $ 2,623,331 $ 2,226,194 Fund Balances Restricted For: Capitalized Interest $ - $ - $ 245,162 $ - $ - $ - $ - $ - Town Hall Tenant Finish - - 2,520, Street Improvements - - 3,706,200 1,624, , Asphalt Overlay , , , , ,000 Unassigned: Unreserved 3,624,653 1,068,745 75,976 1,227,104 1,035,740 2,161,178 2,143,331 1,626,194 Total Fund Balances $ 3,624,653 $ 1,068,745 $ 6,547,338 $ 2,971,625 $ 1,901,883 $ 2,521,178 $ 2,623,331 $ 2,226,194 Section IV, Page 3

79 TOWN OF AVON RESOLUTION NO SERIES OF 2014 A RESOLUTION TO AMEND THE 2014 TOWN OF AVON CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND AMENDING THE 2014 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2014 AND ENDING ON THE LAST DAY OF DECEMBER, 2014 WHEREAS, the Town Council of the Town of Avon has adopted the 2014 Capital Projects Fund budget; and WHEREAS, the Town Council has reviewed the revised estimated revenues and expenditures for 2014; and WHEREAS, the Town Council finds it necessary to amend the 2014 Capital Projects Fund budget to more accurately reflect the revenues and expenditures for 2014; and WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2014 budget was open for inspection by the public at a designated place, a public hearing was held on November 11, 2014 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the Capital Projects Fund is revised as follows for 2014:

80 Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Original or Previously Amended 2014 Budget $ 3,624,653 5,395,633 7,951,541 Current Proposed Amended 2014 Budget $ 3,624,653 17,087,076 14,164,391 Ending Fund Balance $ 1,068,745 $ 6,547,338 Section 2. That the Capital Projects Fund budget, as submitted, amended, and hereinabove summarized, hereby is approved and adopted as the capital program budget of the Town of Avon for the year stated above. Section 3. That the Capital Projects Fund budget hereby approved, amended, and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 11 th day of November, TOWN OF AVON, COLORADO ATTEST: Rich Carroll, Mayor Debbie Hoppe Town Clerk

81 TOWN OF AVON RESOLUTION NO SERIES OF 2014 A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2015 CAPITAL PROJECTS FUND BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015 AND ENDING ON THE LAST DAY OF DECEMBER, 2015 WHEREAS, the Town Council of the Town of Avon has appointed the Town Manager to prepare and submit a long-range capital program to said governing body for its consideration; and WHEREAS, the Town Council of the Town of Avon has also appointed the Town Manager to prepare and submit a proposed Capital Projects Fund budget to said governing body for its consideration; and WHEREAS, upon due and proper notice, published and posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place. A public hearing was held on November 11, 2014, and interested taxpayers were given the opportunity to file or register any comment to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the Capital Projects Fund budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That the long-range capital program as submitted to the Town Council is hereby accepted as an official Town document and planning tool, and that the information contained therein may be revised or extended each year with regard to capital improvements. Section 2. That estimated revenues and expenditures for the Capital Projects Fund are as follows for 2015:

82 Capital Projects Fund Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses 2015 Proposed Budget $ 6,547,338 3,979,053 7,554,766 Ending Fund Balance $ 2,971,625 Section 3. That the budget, as submitted, and hereinabove summarized, hereby is approved and adopted as the Capital Projects Fund budget of the Town of Avon for the year stated above. Section 4. That the Capital Projects Fund budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town. ADOPTED this 11 th day of November, TOWN OF AVON, COLORADO ATTEST: Rich Carroll, Mayor Debbie Hoppe, Town Clerk

83 TOWN COUNCIL REPORT To: From: Honorable Mayor Rich Carroll and Avon Town Council Scott Wright, Asst. Town Manager Date: November 3, 2014 Agenda Topic: Resolution No , Approving the Expenditure of Community Enhancement Funds Summary: Pursuant to the Town s franchise agreement with Holy Cross Energy, the Town receives one percent (1%) of the gross revenues collected from the sale of electricity from within the Town s borders. The funds are eligible to be expended for limitied purposes, as follows: Beautification projets Energy conservation projects Equipment and technology upgrades for schools Scholarship funds Acquisition of open space and/or park land and development thereor Sponsorship of special community events Indergrounding of overhead electric and other utility lines The Town has previously met with representatives of Holy Cross to discuss the various projects of the Town that would qualify for use of the Community Enhacement funds. This resolution seeks authorization from Holy Cross Energy to apply these funds as follows: (1) to the 2014 Pedestrian Mall Improvement project which Town staff believes meets the qualifications of both beautification projects, as sell as the development of open space and/or park land; and, (2) to the undergrounding of overhead power lines in connections with the Eagle Valley Trails project, projected to be completed in The 2014 budget indicates a transfer-in to the Capital Projects Fund from the Community Enhancement Fund in the amount of $608,000 for this purpose. Staff Recommendation Staff recommends approval of Resolution No Attachments: Exhibit A Holy Cross Energy Community Enhancement Fund Proposed Projects Exhibit B Community Enhancement Fund History

84 TOWN OF AVON RESOLUTION NO SERIES OF 2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, APPROVING THE EXPENDITURE OF COMMUNITY ENHANCEMENT FUNDS FROM HOLY CROSS ENERGY AS PROVIDED FOR IN ARTICLE 11, TOWN OF AVON ORDINANCE NO , SERIES OF 2001 WHEREAS, the Town Council of the Town of Avon, Colorado, has approved Ordinance No , Series of 2001 which granted a franchise to Holy Cross Energy; and WHEREAS, Article 11 of Ordinance No provides that Holy Cross Energy will voluntarily make monetary resources available to the Town for programs designed to make a difference in people's lives and the communities in which they reside; and WHEREAS, Section 11.1 of Ordinance No limits the use for which such funds shall be spent shall to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof; (6) Sponsorship of special community events; and, (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company; and WHEREAS, Section 11.4 of Ordinance No , provides that the Town Council is required to approve the expenditure by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made and that prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object in the future if the funds are expended for the use identified in the notice. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Avon Town Council approves utilizing the Holy Cross Enhancement Funds as shown in Exhibit A attached hereto. The Town Council believes that the expenditure of these funds meets the intent and purpose of Article 11 of Ordinance No and the projects as described in Article 11.1 hereof. Section 2. Town staff will forward this resolution to Holy Cross Energy to comply with Section 11.4 of Ordinance No , Series of Town of Avon Resolution No Page 1 of 2

85 ADOPTED this 11 th day of November, TOWN OF AVON, COLORADO Rich Carroll, Mayor ATTEST: Debbie Hoppe, Town Clerk Town of Avon Resolution No Page 2 of 2

86 EXHIBIT A HOLY CROSS ENERGY COMMUNTIY ENHANCEMENT FUND PROPOSED PROJECTS 2014 Proposed Project: Pedestrian Mall Improvements Project in West Town Center - $608,000. The principal goal of this project is to elevate the setting, image and appeal of Town Center by establishing a more successful pedestrian connection between Avon Road with the civic area of Town to the west, which includes Nottingham Park, the Recreation Center, and the Eagle Valley Library. The objectives are to enhance the overall pedestrian experience of the Mall by improving landscape, paving, site furnishings, signage, and lighting and establish better spatial relationships with surrounding properties. The project starts at the roundabout intersection of West Benchmark Road and Avon Road, extending west following the existing pedestrian mall to the Prater Lane Day Care at the intersection with Benchmark Road. Lettuce Shed Lane, between the Seasons and the new Wyndham project is also included in the study area Proposed Project: Power line Undergrounding - $100,000. Above-ground electric lines are proposed to be placed underground along the Eagle Valley Trail which is proposed to be constructed on the north side of US Hwy 6 from Avon Road to Stonebridge Road.

87 EXHIBIT B COMMUNITY ENHANCEMENT FUND HISTORY Original Revised Calendar Amount Budget Budget Actual Ending Year Received Budget Request Amount Amount Expenditure Balance $ 4,000 $ - $ - $ - $ 4, , , , , , , , , , , , ,442 Purchase of Wind Power 60, ,907 Energy Audit - 28,000 26, ,097 Whitewater Rodeo 36,000 36,000 36,000 LED Holiday Lighting 10,800 10,800 10, ,585 Appraisal for Open Space 15,000 15,000 15, ,882 Fleet Maintenance Lighting 20,000 20,000 20,000 Ironkids 30,000 30,000 30, ,136 LED Holiday Lighting 10,000 10,000 10, ,018 Avon Rec Center Lighting 40,000 29,000 29,000 Ironkids 20,000 20,000 20,000 Nottingham Park Pavilion 3 200,000 40,000 40, ,067 Fishing Pier 20,000 20,000 20, ,085 Ironkids 10,000 10,000 10,000 World Alpine Championships 50, ,383 Undergrounding 4 100, , ,862 Mall Improvement Project 5 250, Undergrounding 4 100, , ,398 Heat Recovery Expansion 6 350, , ,000 Nottingham Park Restrooms 275, Avon Mall Improvement - 608, ,000 18, , , ,000 Undergrounding 100, ,728 Page 1

88 EXHIBIT B COMMUNITY ENHANCEMENT FUND HISTORY Notes: 1) Amounts received from were accounted for in the General Fund. In 2006 a separate fund was established for the Community Enhancement monies. A transfer from the General Fund in the amount of $235,309 was made to establish the new Community Enhancement Fund. Because of an oversight, the amount transferred was $2,000 more than the actual amounts received from ) In 2007, the Town budgeted $60,000 for purchasing wind power. It was subsequently learned that the use of Community Enhancement funds was not allowed for this purpose. Subsequently, $26,252 was used for an energy audit of the Town's facilities. 3) The Nottingham Park Pavilion project for which Community Enhancment funds were approved in the amount of $200,000, was subsequently removed from the Town's long-range CIP program due to the cost of the project and lack of Town funds available. A total of $40,000 in Community Enhancement funds was used for the design cost, with the remained turned back as unused. 4) The US Hwy 6 Trail undergrounding project has been delayed due to high project costs related to the Eagle Valley Trails projects. 5) The Mall Improvement Project was delayed due to the impending development of Lot 61. 6) The original proposal to extend the Town's Heat Recovery system along the length of the Mall and connect with the Wyndham and Avon Station was re-evaluated during the process for approving the Wyndham development on Lot 61. Page 2

89 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Carroll called the meeting to order at 5:15 pm. A roll call was taken and Council members present were Dave Dantas, Chris Evans, Jennie Fancher, Buz Reynolds, and Jake Wolf. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA Town Attorney Eric Heil asked to add two items to Executive Session: Item 1: To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S (2)(a); for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S (2)(b); and, for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S (2)(e) related to the Skier Building in the Town of Avon, also known as Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado. Item 2: For a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S (2)(b) concerning the Hoffmann Commercial Real Estate lawsuit. Council agreed to add items. 3. PUBLIC COMMENT 3.1. PROCLAMATION HONORING EAGLE COUNTY GIVES (MICHELLE MALONEY) Councilor Wolf moved to approve the Proclamation Honoring Eagle County Gives; Councilor Evans seconded the motion and it passed unanimously by those present. (Councilor Gennett was absent). Megan Burch commented. Councilor Gennett arrived at 5:45 p.m. 4. ACTION ITEMS 4.1. PUBLIC HEARING ON SECOND READING OF ORDINANCE 14-15, SERIES OF 2014, COMCAST FRANCHISE AGREEMENT (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) Andy Davis, Dan Leary and J.K. Perry commented. Councilor Dantas moved to approve Ordinance 14-15, Series of 2014, COMCAST Franchise Agreement; Councilor Evans seconded the motion and it passed 5 to 2 vote. Councilor Reynolds and Councilor Wolf voted no. 5. WORK SESSION CAPITAL PROJECTS CONSTRUCTION UPDATE (TOWN MANAGER VIRGINIA EGGER) Councilor Evans recused himself DISCUSSION OF SKIER BUILDING INTERIOR FINISH PROCESS (MAYOR RICH CARROLL) FINAL - Avon Council Meeting Minutes.doc Page 1

90 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014 AVON TOWN HALL, ONE LAKE STREET BUDGET WORK SESSION - ALL FUNDS AND FIVE-YEAR CAPITAL IMPROVEMENTS PLAN (ASSISTANT TOWN MANAGER SCOTT WRIGHT) 5.4. PROCUREMENT POLICY DIRECTION TO AMEND (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL) 5.5. TRAILS ADVISORY GROUP PURPOSE, DUTIES AND PROCESS FOR SELECTION (PLANNING MANAGER MATT PIELSTICKER) Charlie Sherwood commented. 6. ACTION ITEMS 6.1. FIRST READING OF ORDINANCE AMENDING AVON MUNICIPAL CODE TITLE 6: ANIMALS TO ALLOW FOR DOGS TO BE PERMITTED OFF-LEASH AT ALL TIMES, UNDER VOICE CONTROL, WITH OWNERS REQUIRED TO CARRY LEASHES IN THE WEST AVON PRESERVE (PLANNING MANAGER MATT PIELSTICKER) Charlie Sherwood and Scott Prince commented. Mayor Pro Tem Fancher moved to approve Ordinance 14-19, Series of 2014, Amending Avon Municipal Code Title 6: Animals to allow for dogs to be permitted off-lease at all times, under voice control, with owners required to carry leashes in the West Avon Preserve; Councilor Dantas seconded the motion and it passed on a 5 to 2 vote. Councilor Evans and Councilor Reynolds voted no LETTERS OF SUPPORT FOR COLORADO PARKS AND WILDLIFE GRANT APPLICATIONS FOR TRAIL PLANNING AND MAINTENANCE WORK (PLANNING MANAGER MATT PIELSTICKER) Councilor Evans moved to approve Letters of Support for Colorado Parks and Wildlife Grant Applications for Trail Planning and Maintenance Work; Councilor Gennett seconded the motion and it passed unanimously by those present. 6.3.FIRST READING OF ORDINANCE APPROVING ACQUISITION OF TRACT S, BLOCK 3, WILDRIDGE FOR HIKING AND BIKE TRAIL (PLANNING MANAGER MATT PIELSTICKER) Councilor Dantas moved to approve Ordinance 14-18, Series of 2014, Approving Acquisition of Tract S, Block 3, Wildridge for Hiking and Bike Trail; Mayor Pro Tem Fancher seconded the motion and it passed unanimously by those present ACTION ON MOSES, WITTEMYER, HARRISON & WOODRUFF, P.C. REVISED AGREEMENT FOR LEGAL SERVICES AS WATER COUNSEL (TOWN MANAGER VIRGINIA EGGER) Councilor Evans moved to approve action on Moses, Wittemyer, Harrison & Woodruff, P.C. Revised Agreement for Legal Services as Water Counsel; Councilor Reynolds seconded the motion and it passed unanimously by those present MINUTES FROM OCTOBER 14, 2014 MEETING (TOWN CLERK DEBBIE HOPPE) Mayor Pro Tem Fancher moved to approve the Minutes from October 14, 2014; Councilor Evans seconded the motion and it passed unanimously by those present. FINAL - Avon Council Meeting Minutes.doc Page 2

91 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014 AVON TOWN HALL, ONE LAKE STREET 7. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 7.1. COUNCILOR JAKE WOLF UPDATES ECRTA Board Meeting Playground Committee Harmony Park Musical Playground Creative Industries Update Community Gardens at Avon Elementary Performance Pavilion Update AED/CPR Training Reminder for November 11 th 8. COUNCIL COMMENTS 9. MAYOR REPORT AND FUTURE AGENDA ITEMS 10. WRITTEN REPORTS MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) TOWN STAFF APPROVAL AUTHORIZATION FOR VILLAGE AT AVON PUBLIC IMPROVEMENTS AGREEMENT (ATTORNEY ERIC HEIL) 11. EXECUTIVE SESSION, IF CALLED (THIS MEETING IS NOT OPEN TO THE PUBLIC) 11.1 MEET PURSUANT TO COLORADO REVISED STATUTE (4) (F) FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATED TO THE ANNUAL PERFORMANCE REVIEW OF THE TOWN ATTORNEY & TOWN MANAGER Mayor Carroll moved to meet in Executive Session at 8:25 pm to discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S (2)(a); for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S (2)(b); for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S (2)(e) related to the Skier Building in the Town of Avon, also known as Lot 4, Mountain Vista Resort Subdivision, Town of Avon, Colorado; for a conference with the Town Attorney for the purpose of receiving legal advice under C.R.S (2)(b) concerning the Hoffmann Commercial Real Estate lawsuit; and for pursuant to Colorado Revised Statute (4) (f) for the Purpose of Discussing Personnel Matters related to the annual performance review of the Town Attorney & Town Manager. Councilor Evans seconded the motion and it passed unanimously by those present. Executive Session adjourned at 10:30 p.m. FINAL - Avon Council Meeting Minutes.doc Page 3

92 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY OCTOBER 28, 2014 AVON TOWN HALL, ONE LAKE STREET 12. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 10:30 p.m. RESPECTFULLY SUBMITTED: Debbie Hoppe, Town Clerk APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Albert Buz Reynolds Jake Wolf Matt Gennett FINAL - Avon Council Meeting Minutes.doc Page 4

93 TOWN COUNCIL REPORT To: Town Council From: Mayor Rich Carroll Date: November 11, 2014 Agenda Topic: Skier Builder - Interior Finish Process BACKGROUND: Council discussed this potential process to build out the Skier Building at the October 28, 2014 meeting. From the direction provided at that meeting, you will find an updated process below as a recommendation for the next Council to consider. As was stated by Virginia Egger at the October 14 meeting, Avon Town staff has successfully managed numerous and varied construction projects to a successful conclusion; on time and on budget. The new Town Hall or Skier Building is high profile and an important project to the continued revitalization and vibrancy of Avon. Combined with the lessons learned from the Nottingham Pavilion project, the following outline is presented for the new Council to review and consider: Step 1: Rough Programming and Design - general thinking and ideas can be provided by a combination of: - Town Staff - Council - Public Conceptual ideas on are given for what is on Ground Floor, Second Floor, Third Floor. Work Sessions could be conducted with Council to review concepts and give input. Does it make sense to identify the full range of desired functionality, and then hire a designer to begin with comprehensive direction of desired functionality? Topics such as meeting rooms, public restrooms, the Main St. Mall, kitchen facilities, public spaces, security, etc. will be reviewed. Step 2: Develop an RFQ, then an RFP. Or do just an RFP. The purpose of the RFQ and/or RFP will be for Architect/Interior Designer/Contractor/Cost Estimator/Value Engineering services. The Cost Estimator and Value Engineering contractor will contract directly with Avon. Based on the previous Council discussion, it is believed that an architect is needed. It is crucial the RFP accurately describe the skill set(s) needed and provide a method for evaluation. The RFP should include the following: - References and a track record of bringing projects in on budget and on time - The proper level of collaborative performance - Skill in listening and designing to fit the requirements and budget - Price estimation so the designs stay within budget - Experience with successful government projects - Other