TC Packet 02-14-2017 Updated item 7.1 TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 14, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:15 PM
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:20 PM
AVON TOWN HALL, ONE LAKE STREET
_________________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS. 1
OFFICIAL TOWN OF AVON COUNCIL PHOTOS
4:30 PM – COMMUNITY DEVELOPMENT CONFERENCE ROOM
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:15 PM (SEE SEPARATE AGENDA PAGE 3)
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:20 PM (SEE AGENDA BELOW)
1. CALL TO ORDER & ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. WORK SESSION
4.1. REVIEW OF SCOPE OF I-70 UNDERPASS SAFETY PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
5. ACTION ITEMS
5.1. CONSENT AGENDA
5.1.1. INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE
TOWN OF AVON REGARDING THE AVON STATION ECO TRANSIT SHELTER
(TOWN ENGINEER JUSTIN HILDRETH)
5.1.2. APPROVAL OF THE JANUARY 24, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE)
5.2. PUBLIC HEARING SECOND READING OF ORDINANCE 17-01, ACCEPTING A DONATION OF THE EAGLEBEND
PROPERTY, AUTHORIZING THE CONVEYANCE OF SUCH REAL PROPERTY, AND APPROVING A PROJECT
AGREEMENT (TOWN ATTORNEY ERIC HEIL)
5.3. PUBLIC HEARING SECOND READING OF ORDINANCE 17-02, TO REZONE LOT 4, MOUNTAIN VISTA RESORT
SUBDIVISION FROM PUD TO PUBLIC FACILITIES (PLANNING DIRECTOR MATT PIELSTICKER)
5.4. PUBLIC HEARING AEG LIVE ROCKY MOUNTAINS PERMIT APPLICATION FOR AMPLIFIED SOUND SYSTEM FOR LYLE
LOVETT AND HIS LARGE BAND ON JULY 23, 2017
(DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
5.5. ACTION ON AD HOC SPECIAL EVENTS COMMITTEE’S RECOMMENDATIONS FOR 2017 FREE EVENTS
(DIRECTOR OF FESTIVALS & SPECIAL EVENTS DANITA DEMPSEY)
5.6. FIRST READING OF ORDINANCE 17-03, AMENDING AVON MUNICIPAL CODE SECTIONS 5.12.090, 110, AND 120
CONCERNING VEHICLE IMPOUNDMENT (ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
5.7. APPROVAL OF RESOLUTION 17-03 ADOPTING THE 2017-18 TOWN OF AVON STRATEGIC PLAN UPDATE
(TOWN MANAGER VIRGINIA EGGER)
5.8. REVIEW AND APPROVAL OF A LETTER TO THE EAGLE COUNTY REGIONAL TRANSIT AUTHORITY REGARDING THE
PROPOSED 2017 SUMMER SCHEDULE (MAYOR PRO TEM SARAH SMITH HYMES)
TOWN OF AVON MEETINGS FOR TUESDAY, JANUARY 10, 2017
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 3:30 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 8:15PM
AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 8:30 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
2
6. WORK SESSION
6.1. REVIEW AND DIRECTION ON BUSINESS LICENSE CHANGES, STATE OF COLORADO UNIFORM SALES TAX
DEFINITIONS & PANHANDLING
(TOWN ATTORNEY ERIC HEIL/ASSISTANT TOWN MANAGER SCOTT WRIGHT)
6.2. LIQUOR LICENSING WORKSHOP (TOWN ATTORNEY ERIC HEIL)
7. WRITTEN REPORTS
7.1. STATE OF COLORADO INDEPENDENT ETHICS COMMISSION RULING ON HOME RULE AUTHORITY REGARDING
GIFT BAN (TOWN ATTORNEY ERIC HEIL)
7.2. HARRY A. NOTTINGHAM PARK LIGHT REPLACEMENT PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURNMENT
TOWN OF AVON MEETINGS FOR TUESDAY, FEBRUARY 14, 2017
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:15 PM
AVON TOWN HALL, ONE LAKE STREET
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK DEBBIE HOPPE AT 970-748-4001 OR EMAIL DHOPPE@AVON.ORG WITH ANY SPECIAL REQUESTS.
2
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT NAME: ESCAPE CABIN FEVER
EVENT DATE: MARCH 4, 2017; 7:00 PM UNTIL 11:00 PM
LOCATION: 318 WALKING MOUNTAINS LANE
EVENT MANAGER: TERRI SCALES
PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR
5. RENEWAL OF ART GALLERY PERMIT
5.1. APPLICANT: VAIL VALLEY ART GUILD D/B/A ART IN THE VALLEY GALLERY
LOCATION: 240 CHAPEL PLACE # 119
TYPE: ART GALLERY PERMIT
MANAGER: ROSALIND REED
6. REPORT OF CHANGE - TRADE NAME
6.1. APPLICANT: SVO COLORADO MANAGEMENT, INC. D/B/A SHERATON MOUNTAIN VISTA
NEW TRADE NAME: VISTANA COLORADO MANAGEMENT, INC.
LOCATION: 160 BEAVER CREEK WEST
TYPE: HOTEL & RESTAURANT
MANAGER: DAVID WEISS
7. REPORT OF CHANGES- CORPORATION MASTER FILE
7.1. APPLICANT: VISTANA COLORADO MANAGEMENT, INC. D/B/A SHERATON MOUNTAIN VISTA
LOCATION: 160 BEAVER CREEK WEST
MANAGER: DAVID WEISS
8. MINUTES FROM JANUARY 24, 2017
9. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairman Fancher called the meeting to order at 5:03 p.m. A roll call was taken and Board members
present were Megan Burch, Amy Phillips and Jake Wolf. Matt Gennett, Sarah Smith Hymes and Scott
Prince were absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Police
Chief Greg Daly, Fleet Director Rego Omerigic, Planning Director Matt Pielsticker, Assistant Town
Manager Scott Wright, Recreation Director John Curutchet, Human Resources Director Lance Richards
and Town Clerk Debbie Hoppe.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA
No public comments were made.
4. RENEWAL OF LIQUOR LICENSES
Start time: 00:01:17
4.1. Applicant: PHO 20, LLC d/b/a PHO 20
Location: 47 E. Beaver Creek Blvd Unit C13-C14
Type: Hotel and Restaurant License
Manager: Cong Huang
Chairman Fancher noted that all application materials were in order. Cong Huang, Owner, spoke
regarding the past violation in 2015 and discussed the measures taken to assure no further violations.
Board member Wolf moved to approve the renewal application for PHO 20, LLC d/b/a PHO 20. Board
member Phillips seconded the motion and it passed unanimously by those present. Board member
Prince, Board member Gennett and Vice Chairman Smith Hymes were absent.
5. MINUTES FROM JANUARY 10, 2017
Start time: 00:05:00
Board member Wolf moved to approve the minutes from the January 10, 2017, Liquor Authority meeting.
Board member Phillips seconded the motion and it passed unanimously by those present. Board
member Scott Prince, Board member Gennett and Vice Chairman Smith Hymes were absent.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
6. ADJOURNMENT
There being no further business to come before the Board, the meeting adjourned at 5:08 p.m.
RESPECTFULLY SUBMITTED:
____________________________________
Debbie Hoppe, Secretary
APPROVED:
Jennie Fancher ______________________________________
Sarah Smith Hymes ______________________________________
Jake Wolf ______________________________________
Megan Burch ______________________________________
Matt Gennett ______________________________________
Scott Prince ______________________________________
Amy Phillips ______________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: February 14, 2017
Agenda Topic: Work Session regarding Avon Road and I-70 Underpass Improvements Project
SUMMARY
The purpose of the work session is to review and discuss potential safety and aesthetic
improvements at Avon Road and the I-70 Underpass. This project is the next step to improving the
gateway into Avon that started with the 2014 Avon Road asphalt overlay, 2014 streetlight upgrades
and the 2015 Avon Road Landscaping Improvements.
Pedro Campos of Zehren and Associates will present a preliminary study for Town Council review and
comment (Attachment A). Upon completion of the work session, the comments will be evaluated
and used to develop a scope of the project, including potential phasing. The project will then be
presented to the Colorado Department of Transportation to determine if they will allow the
improvements and determine if some of the improvements are eligible for funding partnerships.
CDOT indicated in previous discussions that safety improvements might be eligible for funding but
aesthetic and landscaping components will not be.
BUDGET
The adopted Capital Projects Program budget has $88,000 in 2016 and $270,000 in 2018 for the Avon
Road and I-70 underpass improvements. $31,000 of the 2016 funds were used to replace the 16-FT
streetlights with 8 LED lights attached to the I-70 bridge structure as they are an obstruction to
bicyclists and snow removal operations. The remaining 2016 funds are being used to design the 2018
project.
ATTACHMENTS
Pedro Campos memo dated February 8, 2017 and preliminary study of Avon Road and I-70 Underpass
ZEHREN
AND ASSOCIATES
February 7, 2017
Mr. Justin Hildreth, Town Engineer
Town of Avon
P.O. Box 975, Avon, CO 81620
Email: jhildreth@avon.org
Phone: 970-748-4045
RE: Avon Road Interstate 70 Underpass – preliminary study
Town Council Review, February 14, 2017
Dear Justin.
This memorandum is to summarize the preliminary study that Zehren and Associates has completed for
the Avon Road Interstate 70 underpass to be reviewed with the Town Council during their regular meeting
scheduled on February 14, 2017. The desired outcome of the review is to:
1) inform the Council of existing conditions including safety and aesthetic issues;
2) review potential ‘integrated’ set of solutions that could be implemented to solve and improve
existing conditions;
3) probe the Council’s interest in developing a phasing and budgeting strategy to implement the
improvements incrementally over time;
4) probe the Council’s interest studying some of the potential solutions in additional detail to
determine feasibility and costs.
Zehren and Associates has developed the following materials as part of the initial steps of the study
intended to be reviewed in association with this memo:
1) Inventory of existing conditions using digital images from different vantage points and during the
fall and winter seasons.
2) Analysis of potential improvements and solutions represented in the ‘Improvements Area
Diagram.’
3) Precedents from other locations with similar conditions and potential appropriate solutions.
4) Preliminary conceptual plan and section focusing on highest priority improvements.
The current work is ready to review with the Town Council and the group to consider if there should be
additional effort to advance the design of some or all of the project elements in more detail and to prepare
technical documentation for their implementation.
2
Overview of effort:
The study area includes the north end of Avon Road, at the roundabouts north and south of Interstate
70 (#1 and #2). The study is an extension of the Avon Road landscape renovation project completed in
2015, and specifically addresses the ‘entrance and arrival’ into the Town. The scope of the effort has
included an investigation for creating a safer environment for pedestrians by addressing drainage and
ice-build up conditions, and placing greater emphasis on improving the overall ‘visual’ and ‘spatial’
experience of using this area for motorists, pedestrians and cyclists.
In the broader context of Avon Road, major goals of the I70 underpass effort are to announce the arrival
to Town in a more pronounced and significant manner, to demarcate and identify the entrances from
I70 from west and east directions, and to reinforce and promote Avon’s ‘new’ brand platform. Other
aesthetic goals include landscape and streetscape enhancements to ‘soften’ the area under the
underpass, to make it more visually interesting and more compatible and cohesive with Avon Road.
Special consideration would be given to incorporation of new Avon Road landscape design and urban
design streetscape elements to achieve a consistent and cohesive image and strong sense of place for
the overall arrival and town center of Avon.
The direction reflected in the preliminary conceptual plans includes removing the large concrete side
slopes, introducing pervious rip rap and landscape areas, collecting drainage before it flows unto the
sidewalk and pavement, widening the sidewalks, narrowing travel lanes, and adding elements that
enhance the visual appeal and look of the overall area. New landscape areas would use xeric trees,
shrubs, and flowering perennials, ornamental grasses, and signature angular boulder blocks indigenous
to Colorado strategically located to deliberately match the new Avon Road landscape. Decorative
elements and directional signage would also be investigated as part of the effort, and would be added
selectively as deemed appropriate and or necessary. Please refer to the PDF attachment for a detailed
view of potential project enhancements.
On behalf of Zehren and Associates I look forward to reviewing and discussing the preliminary study of
the Avon Road Interstate 70 underpass with the Town Council at the February 14, 2017 meeting.
Sincerely,
Pedro Campos, RLA / ASLA
Landscape Architect & Land Planner
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
1. I-70 North
Westbound Arrival
2. I-70 Underpass
3. I-70 South
Eastbound Arrival
I-70 Underpass Study Area
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.orgpo box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.comTown of AvonZehren and Associates, Inc. Pedestrian Mall and Avon Road ImprovementsOctober 24, 2013
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
#1 I-70 North
Westbound Arrival
Existing Conditions
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.orgpo box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.comTown of AvonZehren and Associates, Inc. Pedestrian Mall and Avon Road ImprovementsOctober 24, 20131 5
2 6
3 7
4 8
Existing:
• Receives visitors from east
• No welcome element
• New landscape islands
• No way finding
• Rec path trail-head
Opportunities:
• Small welcome feature
• Replace remaining grass
areas with similar landscape
treatments as roundabout and
islands.
• Way finding signs
• Redesign rec path trail-head
Existing:
• Bridge is insignificant
• Sloping concrete walls
• Mountain backdrop
Opportunities:
• Update bridge facade
• Create an entrance to Avon
Town Center
• Way finding and identity
signs
Existing:
• Large painted median
• No crosswalk
• No bike lane on
Nottingham Rd
Opportunities:
• Change painted median to
landscape area or make room
for bike lanes
• Bike lane / sharrow on
Nottingham Rd
• Crosswalk on Nottingham
Rd
Existing:
• Crosswalk
• Uninteresting grass slope
• New landscape island
• Concrete slopes
Opportunities:
• Identity or gateway element
• Terrace slope with boulders
and landscaping
• New lighting concept
Existing:
• Rec path trail-head
• Bike route signage is
insufficient
Opportunities:
• Trail-head / rec path
information area
• Rec path way finding
• Emphasized seamless
crosswalk
• Traffic calming feature
• Remove slip lane
Existing:
• Sidewalk choke point
• Unattractive and broken
pavement
• Bridge columns
• No bike lanes
Opportunities:
• Sidewalk transition
• Replace sloped pavement
with terraces or screen with
landscape plants or planters
• Increase width of side walk
• Bike lane in the street or on
the sidewalk
Existing:
• Unattractive and broken
pavement
• Bridge columns
• No bike lanes
• Loud traffic
Opportunities:
• Replace sloped pavement
with terraces or screen with
landscape plants or planters
• Increase width of side walk
around both sides of columns
• Bike lane in the street or on
the sidewalk
• Lighting under bridge
Existing:
• Grass slopes
• Patched concrete slopes
Opportunities:
• Replace grass slope with
enhanced landscape to match
new aesthetic along Avon Rd.
• Rec path way finding
Key Plan
3
2
1 8
7
4 65
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
#2 I-70 Underpass
1 5
2 6
3 7
4 8
Existing:
• Unattractive and broken
pavement
• Bridge columns impede
pedestrian sidewalk
• No bike lanes
• Loud traffic
Opportunities:
• Replace sloped pavement
with terraces or screen with
landscape plants or planters
• Increase width of side walk
around both sides of columns
• Bike lane in the street or on
the sidewalk
• Lighting under bridge
Existing:
• Chain link fence
• Protruding anchor bolts
• Broken concrete
• Lighting in sidewalk
Opportunities:
• Decorative fence / railing
along top of bridge.
• Improve look of concrete
bridge facade with
decorative metal or
painting.
Existing:
• Broken concrete slopes
• Lighting within sidewalk
• No landscaping
• Stark looking
Opportunities:
• Widen sidewalk area
• Soften concrete slopes with
landscape and terraced
walls
• Incorporate lighting into
bridge as a decorative
element.
Existing:
• Narrow sidewalk next to
traffic lanes.
• Bridge columns impede
pedestrian walkway.
• No landscaping
• No identity for entrance to
Avon Town Center
Opportunities:
• Create more space for bikes
and pedestrians.
• Create an attractive gateway
into Town Center
• Improve character of bridge
by with decorative accents and
lighting.
Existing:
• Inconsistently colored
concrete slope.
• Dangerous cross-walk.
• Bridge lacks character.
Opportunities:
• Soften concrete slopes with
landscaping
• Install cross-walk warning
lights
• Improve entrance of Avon
from Eastbound I-70.
Existing:
• Broken concrete slopes
• Chain link fence in
disrepair
• Dark and noisy
Opportunities:
• Improve pedestrian and
vehicular experience traveling
through underpass
Existing:
• Uninteresting landscape
• Bridge columns restrict
pedestrian and bicycle
circulation
• Inconsistent lighting
Opportunities:
• Separate vehicular traffic
lanes from pedestrians and
bicycles
• Remove concrete slopes
and install landscape.
• Add interest through
creative lighting themes
Existing:
• Unattractive guardrail and
chain link fencing
• No landscape interest
• Lacks identity as a gateway
between North and South
Avon.
Opportunities:
• Improve bridge aesthetics
with decorative railing or
facade.
• Create a landmark
identifiable from both Avon
Road and I-70.
• Improve landscape
aesthetics
Existing Conditions
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.orgpo box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.comTown of AvonZehren and Associates, Inc. Pedestrian Mall and Avon Road ImprovementsOctober 24, 201323
1
8
7
6
5
4
Key Plan
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
1
2
3
4
6
5
7
8
#3 I-70 South
Eastbound Arrival
1 5
2 6
3 7
4 8
Existing:
• Unattractive and broken
pavement
• Bridge columns
• Loud traffic
Opportunities:
• Replace sloped pavement
with terraces or screen with
landscape plants or planters
• Increase width of side walk
around both sides of columns
to include a bike land and
sidewalk
• Lighting under bridge
Existing:
• Pedestrian sidewalk leading
into Avon
• Concrete slope
• No way finding
• New landscape in
roundabout and medians
Opportunities:
• Replace concrete slopes
with landscape to match
medians and roundabout.
• Install way finding signs
Existing:
• Unattractive concrete
bridge
• New bike lane delineation
• Unattractive concrete
slopes
Opportunities:
• Improve bridge and slope
aesthetics .
• Create an attractive
gateway to South Avon.
Existing:
• New landscaping in median
and roundabout
• Lack of landscape at existing
bridge.
Opportunities:
• Improve landscape
treatments of slopes adjacent to
I-70.
• Create a landmark that can
be seen from Avon Road and
I-70.
Existing:
• First impression of Avon
entering from the West.
• Unattractive landscape of
consisting of weeds and gravel
Opportunities:
• Welcome signage with
small entry feature.
• Landscape improvements
• Boulder groupings
Existing:
• Unattractive concrete
bridge
• New landscaping in
medians and roundabout.
Opportunities:
• Create an aesthetically
pleasing gateway to North
Avon.
Existing:
• Concrete bridge
• Asphalt drainage swale
• New landscaping in
medians and roundabout.
Opportunities:
• Continue landscaped
treatments of median and
roundabout to sloped areas on
either side of bridge.
• Create an identity for the
bridge that separates North
and South Avon.
Existing:
• Dry native landscape
• Concrete slopes below
bridge.
Opportunities:
• Improve landscaping on
slope and ground plane to
match improvements already
made in roundabouts.
• Improved aesthetics of the
concrete slopes.
Existing Conditions
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.orgpo box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.comTown of AvonZehren and Associates, Inc. Pedestrian Mall and Avon Road ImprovementsOctober 24, 2013Key Plan
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 20172017 Winter Conditions
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
Improvement Area Diagram
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.orgpo box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.comTown of AvonZehren and Associates, Inc. Pedestrian Mall and Avon Road ImprovementsOctober 24, 2013Potential Underpass Gateway Area Improvements
• New landscaping to match Avon Rd.
• Terraced walls or planters
• Setting for Iconic Structures
• Identity and wayfinding signage
• Removing asphalt drainages
Prominent Views of Underpass Area
Pedestrian Circulation
Recreation Path Gateways / Access Points
Vehicular Circulation
LEGEND I-70 EastboundEastbound On-RampEastbound Off-RampI-70 WestboundWestbound On-RampAv
o
n
R
o
a
d
I-7
0
U
n
d
e
r
p
a
s
s
Nottingham
Road
Potential Iconic Structures
• Provide a landmark for Avon that is highly visible from Avon
Rd. and I-70
• Unique monumental elements
• Defined gateway between North and South Avon
• Sculptural Wind generators to capture energy from I-70 Traffic
Potential Bridge Facade Improvements
• Improve aesthetics by adding new materials or paint
• Addition of decorative elements to guardrail
• Identity signage
• Lighting of new features
Potential Bridge Pillar Improvements
• Wrap columns in new materials (Stone, metal, texture)
• Painted artwork
• Colorful lighting schemes
• Addition of sculptural elements
Potential Underpass Slope Area Improvements
• Artwork (murals, sculpture, lighting enhancements)
• Widen pedestrian and bike paths.
• Landscaping
• Projection lighting with rotating themes for different seasons.Westbound Off-Ramp
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
Underpass Precedent Images
Stabilized Slopes and
Landscaping
Bridge Facade
Treatments
Lighting
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
Conceptual Plan
Bio-Swales to Replace Asphalt Drainages
Landscape Enhancements
11’ Lane
11’ Lane
12’ Lane
10’ Sidewalk
Nottingham RoadOff-Ramp
West
On-Ramp
West
Off-Ramp
East
On-Ramp
East
I-70 East8’ Sidewalk
Approximate Locations of Existing
Columns
Landscape Planting
Pockets
Potential Iconic Structures
Rip Rap Slope Below Bridges Drainage Swale & Drains
to Capture Run Off from Slopes
Boulder Walls and Landscaping to
Match Existing Avon Road Aesthetic
0 10 20 40
1"=20'
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org po box 1976 . avon . colorado 81620 . 970 949 0257 . www.zehren.com
Town of Avon Zehren and Associates, Inc. Avon Road - I-70 Underpass Concept DesignFebruary 7, 2017
Site Section
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TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: February 14, 2017
Agenda Topic: An Intergovernmental Agreement between the County of Eagle, State of
Colorado and the Town of Avon Regarding the Avon Station ECO Transit
Shelter
ACTION BEFORE COUNCIL
Approve or not approve an Intergovernmental Agreement between the County of Eagle,
State of Colorado and the Town of Avon Regarding the Avon Station ECO Transit Shelter.
Approval of this Intergovernmental Agreement requires concurrent vote of four (4) Council
members per Avon Charter 5.5(b).
PROPOSED MOTION
I move to approve an Intergovernmental Agreement between the County of Eagle, State of
Colorado and the Town of Avon Regarding the Avon Station ECO Transit Shelter.
SUMMARY
ECO Transit is requesting to replace its existing transit shelter with a new shelter that will
better accommodate its users. The existing shelter is 6 FT x 10 FT, constructed of a black
metal frame with Plexiglas, and was installed when Avon Station was completed in 2007.
The new shelter will measure 7FT x 14FT and be a custom built structure designed by a local
architect to meet the higher design standards of the larger existing Avon shelter and the
new Wyndham development. The shelter design is illustrated in Exhibit A and is highlighted
with a simple shed roof form, metal roofing, corrugated metal siding or textured colored
concrete, wood siding and metal support beams.
The shelter will be located in Town of Avon right-of-way adjacent to the ECO Transit bus
stops at the northwest corner of Avon Station, near Lettuce Shed Lane. The
Intergovernmental Agreement (Exhibit B) describes the terms for shelter construction and
operation. Generally, ECO Transit will be responsible for the shelter design, construction,
and maintenance. ECO Transit submitted a Minor Design and Development Plan application
to the Town that was approved by the Planning and Zoning Commission at the March 4,
2014 meeting. The Town of Avon will provide the land for the shelter and will manage
construction of the shelter. The Town will be responsible for providing electricity for the
shelter lights and signage, and the maintenance of the areas around the shelter including
trash clean-up and snow removal. The agreement is for 25-years and should the Town need
Minervini Minor PUD Amendment – Resolution 2016-12
to remove the shelter within the term it will reimburse ECO Transit for the cost of the
shelter. The Eagle County Commissioners are scheduled to take action in March.
This project was originally scheduled to occur in 2014 but was delayed due to complications
in obtaining a Colorado Department of Transportation grant. It appears that funding is
going to happen in 2017 and CDOT is requesting that before awarding the grant, the IGA be
adopted since the 2014 IGA expired.
EXHIBITS
A – ECO Transit Shelter Design
B - Intergovernmental Agreement between the County of Eagle, State of Colorado and the Town of
Avon Regarding the Avon Station ECO Transit Shelter
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel:970/328‐3520 fax: 970/328‐3539 eco@eaglecounty.us
EXHIBIT C
EXHIBIT A
3289 Cooley Mesa Road, PO Box 1070, Gypsum, CO 81637 tel:970/328‐3520 fax: 970/328‐3539 eco@eaglecounty.us
EXHIBIT A
EXHIBIT B
1
INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE AVON STATION ECO TRANSIT SHELTER
THIS AGREEMENT, made and entered into this _______ day of _________________,
2017, by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to
as the “County”) and the Town of Avon, a Colorado home rule municipal corporation (hereinafter referred to as the “Town”). The County and Town shall
collectively be referred to as the “Parties”.
RECITALS:
WHEREAS, Resolution No. 96-22 created the Eagle County Transportation
Authority and provided for its duties and powers, among which are to provide
recommendations to the County with respect to expenditure of funds serving the
County’s mass transportation system; and
WHEREAS, the County is planning to undertake the design of a new bus shelter
(the “Bus Shelter”) to replace the existing ECO Transit bus shelter facility located
at Avon Station (the “Project”) and the Town has agreed to participate by
entering into contracts for construction of the Project; and
WHEREAS, on December 17, 2013, the Town approved a public improvement
project to Lettuce Shed Lane and the Pedestrian Mall (the “Mall Project”); and
WHEREAS, the County and Town agree that coordination of the Project and Mall
Project will result in cost savings and construction benefits; and
WHEREAS, the County and Town have determined that the existing bus shelter
shall be demolished and the new Bus Shelter shall be located at Avon Station to accommodate the Mall Project and to serve the citizens of Eagle County, as well
as the residents of the Town; and
WHEREAS, the Parties entered an Intergovernmental Agreement regarding the Project on March 25, 2014 (the “Original IGA”), the term of which expired on
December 31, 2014; and
WHEREAS, the Parties now desire to enter into a new Intergovernmental
Agreement setting forth compatible terms and conditions as the Original IGA;
and
WHEREAS, the County is the recipient of a FTA Section 5311 grant and is a party
to an agreement with the Colorado Department of Transportation (SAP PO
#491001144) to fund the Project (the “5311 Grant”); and
WHEREAS, this Agreement for cooperation between two governmental entities is
EXHIBIT B
2
authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the
Colorado Constitution.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, the Parties hereto agree as follows: 1. SCOPE/DESCRIPTION OF THE PROJECT
A. The County has designed the new Bus Shelter for Avon Station as generally depicted in Exhibit A which is attached hereto and
incorporated herein by reference. The Project requires the demolition of the existing bus shelter at Avon Station and design and construction
of the new Bus Shelter for Avon Station. The Project is located on land
owned by the Town.
B. The Bus Shelter will be built in the alignment and to the standards set
forth by the Town and agreed upon by the County and shall be
located, as set forth in Exhibit A. In the event the Town desires to
deviate from the alignment or approved standards, it shall first obtain
written approval for such modification from County.
C. The Parties agree that this Project requires coordination and effort
between and by the Parties and that it is impossible to anticipate
every issue that might arise in the course of planning, management,
design and construction of the Project. In light of the foregoing, each
party agrees to work with the other in the spirit of good faith and fair
dealing.
2. PROJECT FUNDING.
A. Town and County have approved, budgeted and committed to
funding the Project as follows:
i. Subject to availability of grant funds under the 5311 Grant,
County shall be responsible for costs associated with the design and construction of the new Bus Shelter as depicted
in Exhibit A which shall include and be subject to the following:
(a) Construction of the new Bus Shelter structure;
(b) Utilities associated with the construction and
installation of the Bus Shelter, with the exception of the electrical stub-out as identified in section 2.A.ii(b), below ;
(c) Concrete pads for securing the Bus Shelter to the
EXHIBIT B
3
ground; and
(d) Demolition and replacement of concrete and
pavers related to the installation of the new Bus Shelter.
(e) County’s obligation as set forth herein shall not
exceed $100,000 without the prior written consent and agreement of County.
ii. The Town shall be responsible for costs associated with:
(a) Removal of the existing bus shelter;
(b) Removal of the existing light fixture, at the new Bus Shelter location, including its base and other related
improvements and provide an electrical stub-out acceptable to the County for the purpose of
connecting to the Bus Shelter;
(c) The cost of electrical service for lighting and signage
of the new Bus Shelter; and
(d) The Town also agrees to repair and replace any
concrete and pavers that may be damaged as a
result of the work identified in paragraph 2.A.ii (a)
through (d).
iii. The Town agrees to waive all design review fees associated
with the Project and the County will apply for and obtain
design approval of the Project.
iv. The Town agrees to waive any building permit or other fees
associated with the Project and will apply for and receive a
building permit for the Project.
v. The Town agrees to enter into all contracts necessary for the
construction of the Project and will provide all construction
management services at no cost to the County.
vi. The Parties agree that the amount set forth in paragraph
2.A. i. (a) through (e) is expected to be sufficient to complete the Project and obligations set forth in that
paragraph. If, after the Project is bid and before construction begins, the Parties determine that the funds
identified are not sufficient, then the Parties shall work together to identify whether there are any cost savings that
can be applied. If no cost savings are available, then the Parties shall mutually agree upon how to address such cost
overruns or alternatively, either party may elect to terminate
EXHIBIT B
4
this Agreement.
vii. If, during construction of the Project, the Parties determine
that the funds identified in this agreement are not sufficient, then the Parties shall work together to identify whether there
are any cost savings that can be applied. If no cost savings are available, then the Parties shall mutually agree upon
how to address such cost overruns. In no event shall County’s obligations be increased without its prior written
approval.
viii. Notwithstanding anything to the contrary contained in this
Agreement, no charges shall be made to either party nor shall any payment be made in excess of the amount for any
work done in respect of any period after December 31 of
any year without the written approval in accordance with a
budget adopted by the Board of County Commissioners or
Avon Town Council in compliance with the provisions of
Article 25, Title 30 of the Colorado Revised Statutes, Local
Government Budget Law (C.R.S. 29-1-101 et. seq. and Tabor
Amendment (Colorado Constitution, Article X, Sec. 20).
ix. In consideration for the monetary payment from the County
as set forth in paragraph 2.A.i., the Town shall utilize and
spend those funds solely for those portions of the Project
identified in paragraph 2.A.i.
x. Upon completion of the Project, the Town will submit one
complete and final invoice based on funds actually
expended by it to the Director of the Eagle County Regional
Transportation Authority, P.O. Box 1070, Gypsum, Colorado
81637. Payment will be made according to the County's regular bill paying procedure.
xi. All funds received under this Agreement shall be expended
solely for the purpose stated herein, and any such funds not so expended, including funds lost or diverted to other
purposes, will be returned to the County.
xii. The Town shall maintain adequate records for reporting to the County. The Town shall maintain all records pertaining to
this Agreement for a minimum of three (3) years and may be
subjected to an audit by federal, state, or county auditors or
their designees as requested. If misuse of funds is discovered
by an auditor, the Town shall return said misused funds to the
County.
xiii. The Town authorizes the County to perform audits and to
EXHIBIT B
5
make inspections during normal business hours at the convenience of the Town, with forty-eight (48) hours written
notice, for the purpose of evaluating performance under this Agreement.
3. PROJECT TEAM AND REPRESENTATIVES.
A. The Parties agree that the Town of Avon Engineering staff and County ECO Transit Department staff shall serve as the project
team. Justin Hildreth shall serve as the Project Representative for the Town and Jared Barnes shall serve as the Project
Representative for the County.
4. CONSTRUCTION AND CONSTRUCTION MANAGEMENT.
A. The Town will enter into construction contracts through a public solicitation process, all of which shall comply with the requirements
of the 5311 Grant, and will seek an itemized statement of costs for
each element of the Project as set forth in paragraphs 2.A.i. and
2.A.ii above.
B. The County will be named a third party beneficiary with respect to
any work in connection with the Bus Shelter and the County shall
have the right, but not the obligation, to enforce the warranty or
other contract provisions for work affecting the new Bus Shelter
structure to be owned by the County.
C. The Town will manage and administer the contracts with assistance
from the County, if requested and available.
D. The Parties agree to waive any claims against each other
associated with the selection, preparation and administration of
the construction contract. The Parties agree to waive and hold
harmless each other from any defects or deficiencies in the design
or construction of the Project. Neither party is waiving any claims
that might arise against the designer or contractor.
5. PROJECT OWNERSHIP AND MANAGEMENT UPON COMPLETION.
A. The Town is the fee simple owner of the land upon which the new Bus Shelter will be located. The County will be the owner of the Bus
Shelter structure upon completion of construction. Thus, the Town hereby grants to the County a license for a term of 25 years, from
the date of execution of this agreement, for the location, operation, construction, maintenance and repair of and access to
and from the Bus Shelter. Following completion of construction, County shall be responsible for all upkeep and maintenance
associated with the Bus Shelter structure. The license granted
EXHIBIT B
6
herein may be modified, extended or earlier terminated upon mutual agreement of the Parties in writing. If the parties agree to
terminate the license before the end of the 15th year from the date of completion of construction, the Town shall reimburse the County
for the then current fair market value of the structure based on its remaining useful life, as determined by CDOT and the FTA under
CDOT and FTA standards. If the parties agree to terminate the license after the end of the 15th year from the date of construction,
the Town shall reimburse the County for the then current value of the structure, as jointly determined by the Parties. This paragraph
shall survive termination of this Agreement.
B. The Town shall be responsible for all upkeep and maintenance of
the areas immediately surrounding the Bus Shelter, including, but not limited to trash cleanup and snow removal. The electricity for
the lights and electronic bus signage in the bus shelter will be
provided by and paid for by the Town. This paragraph shall survive
termination of this Agreement.
C. Town will own, manage and maintain the location of the old bus
shelter and the land upon which the new Bus Shelter is located.
This paragraph shall survive termination of this Agreement.
6. INSURANCE AND GOVERNMENTAL IMMUNITY.
A. The County and Town shall each provide their own public liability,
property damage and errors and omissions coverage as each
party may deem adequate and necessary for any potential liability
arising from this Agreement. This paragraph shall survive
termination of this Agreement.
B. Nothing in this Agreement shall be construed to waive, limit, or
otherwise modify any governmental immunity that may be
available by law to either party, its officials, employees,
contractors’ or agents, or any other person acting on behalf of either party and, in particular, governmental immunity afforded or
available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. This
paragraph shall survive termination of this Agreement. 7. PERIOD OF AGREEMENT
A. The term of this Agreement shall commence on the date said Agreement is executed by both Parties and shall terminate on
December 31, 2018, unless the Agreement is extended by both Parties prior to the end date stated herein. Notwithstanding the
foregoing, paragraphs 5 and 6 shall survive termination of this
EXHIBIT B
7
Agreement. 8. NOTICE
Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as
follows:
THE COUNTY: Eagle County
Eagle County Regional Transportation Authority Attn: Jared Barnes
P.O. Box 1070 Gypsum, Colorado 81637
THE TOWN:
Town of Avon
Town Manager
Attn: Virginia Egger
P.O. Box 975
Avon, Colorado 81620
9. ASSIGNMENT
A. This Agreement shall be binding upon and inure to the benefit of
the Town and the County and their respective heirs, legal
representatives, executors, administrators, successors and assigns;
provided, however, that neither party may assign nor delegate any
of its rights or obligations hereunder without first obtaining the
written consent of the other party.
B. While the Parties anticipate and agree that the Town will hire a contractor to perform the work necessary to complete the Project,
the Town shall not otherwise assign any rights or delegate any duties under the Agreement to a third party without the written
consent of the County, which shall determine the acceptability of the third party to the County. Any effort to effect such an
assignment without the written consent of the County will terminate the Agreement immediately at the option of the County.
107. MISCELLANEOUS
A. The Parties of this Agreement intend that the relationship of the
Town to the County is that of cooperating governmental entities pursuant to C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of
the Colorado Constitution. No officer, agent, employee or volunteer of, or contractor for the Town shall be deemed to be an
agent, employee or volunteer of or contractor for the County.
EXHIBIT B
8
Likewise, no officer, agent, employee or volunteer of the County shall be deemed to be an agent, employee or volunteer for the
Town.
B. The validity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this
Agreement shall be construed as if such invalid or unenforceable provisions were omitted.
C. Each party shall comply with all applicable laws, resolutions, and
codes of the State of Colorado, County of Eagle, Town of Avon and all federal laws barring discrimination.
D. No person shall have any personal financial interest, direct or
indirect, in this Agreement.
E. The law of the State of Colorado shall be applied in the
interpretation, execution and enforcement of this Agreement.
Venue for any action arising out of any dispute pertaining to this
Agreement shall be exclusive in Eagle County, Colorado.
F. This Agreement represents the full and complete understanding of
the Parties, and supersedes any prior agreements, discussions,
negotiations, representations or understandings of Parties with
respect to the subject matter contained herein.
// Signature Page to Follow //
EXHIBIT B
9
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
ATTEST:
____________________________ By: ______________________________
Regina O’Brien, Jillian H. Ryan, Chair
Clerk to the Board of
County Commissioners
TOWN OF AVON
ATTEST:
By: ___________________________ By: _________________________________ Debbie Hoppe, Town Clerk Jennie Fancher, Mayor
EXHIBIT B
10
Exhibit A
Legend:
Current Shelter Location
Proposed Shelter
Location
Proposed License Area
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 1
1. A CALL TO ORDER & ROLL CALL
Mayor Fancher called the meeting to order at 5:08 p.m. A roll call was taken and Council members
present were Jake Wolf, Amy Phillips and Megan Burch. Council members Matt Gennett, Scott Prince
and Sarah Smith Hymes were absent. Also present were Town Manager Virginia Egger, Town Attorney
Eric Heil, Assistant Town Manager Scott Wright, Police Chief Greg Daly, Planning Director Matt
Pielsticker, Fleet Director Rego Omerigic, Recreation Director John Curutchet, Human Resources
Director Lance Richards, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie
Hoppe.
2. APPROVAL OF AGENDA
Start time: 00:05:46
Councilor Phillips requested the addition of a memorandum to the “Meeting Updates” item, providing
an update on the High Five Access Media Board.
3. PRESENTATION – SWEARING IN CEREMONY OF DEPUTY CHIEF COBY COSPER AND SERGEANTS JEREMY
HOLMSTROM AND MATT JAMISON
Start time: 00:06:10
Mayor Fancher presided over the swearing-in ceremonies of Deputy Chief Coby Cosper and
Sergeants Jeremy Holmstrom and Matt Jamison.
Councilor Gennett arrived at 5:20 p.m.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Start time: 00:18:11
Michael Cacioppo, an Avon resident, offered the following input on the Beaver Creek Boulevard
Redesign Project:
• Backups may be caused by the removal of ingress and egress lanes.
• There is potential for four-minute waits when the new hotel is developed and delivery trucks
have to back down from the street.
• The most dangerous part of the project is the fire trucks. He suggested that when there are cars
backed up, firetrucks may not be able to access homes further west on Beaver Creek Blvd.
• The idea to narrow the road for pedestrian traffic is wrong.
• Council has failed to put a light system at every pedestrian walkway through the whole
roundabout system.
Mayor Fancher responded that Council has not seen the final plan for the streetscape improvements.
Mayor Fancher said the final plan would be made available to the public in early February and Council
would be reviewing it during the second Council meeting in February.
Mr. Cacioppo replied that he was told the final plan was at the Recreation Center. He expressed his
disapproval of the efforts being made.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 2
Mr. Cacioppo brought up the subject of “conflict of interest,” and asked to know why Councilor Burch
voted yes to grant a Conservation Easement for the Avon Northside Parcels when she is employed by
Eagle County. He also suggested there may have been a conflict of interest involving Councilor Prince
and the Swim Program.
Councilor Burch responded to the issue that Mr. Cacioppo referred to. She explained that she did not see
any financial gain on Eagle County’s part or on her part by voting on the item.
Town Attorney Eric Heil responded that ultimately it is the Council who raises conflict of interest issues
under the Code of Ethics.
Mr. Cacioppo asked, “You think you have the right to take away my right to file a lawsuit on a conflict of
interest issue?”
Councilor Wolf commented that he is very opposed to the Beaver Creek Boulevard Redesign Project and
had never thought about the police and fire issue.
Buz Reynolds, an Avon resident, asked to discuss two items. The first was Real Estate Transfer Tax. He
said it is doing extremely well and he feels the Town is double-taxing its citizens. Mr. Reynolds
recommended lowering it by half a percent to 1.5 percent. He said the Town of Avon has the highest
transfer tax in the County right now.
Mayor Fancher responded that the subject of Real Estate Transfer Tax is schedule to be on a future
Council meeting agenda.
Councilor Phillips suggested that the subject of Real Estate Transfer Tax should be discussed when
Council is scheduled to discuss the increase to the home owner occupancy waiver amount.
Buz Reynolds’ second item for discussion was the salaries of the Planning & Zoning Commission
members and Town Council members. Buz Reynolds noted the charter was written in 1978 and the fees
paid were established at that time. He said the work that is associated with being on the Town Council
and Planning & Zoning Commission has changed over the years, which is why he is proposing an increase
to the salaries.
Mayor Fancher responded that the subject of salaries would be placed on a future Council meeting
agenda.
5. PRESENTATION – RECREATION DEPARTMENT UPDATE (RECREATION DIRECTOR JOHN CURUTCHET)
Start time: 00:43:10
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 3
Recreation Director John Curutchet delivered a presentation recapping the operations of the
Recreation Department during Fiscal Year 2016. Staff members Ryan Graham, Jamie Taylor, Matt
Koch and Meghan Hershey were present during the presentation.
Councilor Wolf asked if more classes would be held if more space was available. John Curutchet
explained that they have maximized their space.
Councilor Phillips noted that it had been mentioned that the children that attend Avon Elementary
School that are on the reduced lunch program, are eligible for scholarships. She asked to know if
children that attend Homestake Peak School are also eligible for scholarships. John Curutchet
responded that all children that attend Eagle County schools and are on the reduced lunch program
are eligible.
Councilor Phillips suggested the data points need to match up on the revenue graphs and have the
full time staff listed.
6. ACTION ITEMS
Start time: 00:63:56
6.1. REVIEW AND ACTION ON VENUE DATES, FUNDING AND IN-KIND REQUEST FOR ZOPPE’ FAMILY CIRCUS
(RECREATION DIRECTOR JOHN CURUTCHET)
Councilor Prince arrived at 6:30 p.m.
Gina Hallisey presented the event and request for funding for Zoppe’ Family Circus.
Councilor Wolf moved to approve the event dates of September 8 – 10, 2017, for the production of the
Zoppe’ Italian Family Circus, with cash funding in the amount of $21,500, appropriated from the General
Fund Special Events Reserve, and all rider elements except lodging, sawdust, hay and to the extent
possible, Town staff will assist in the setup and funding up to $500 for portalets. Councilor Gennett
seconded the motion and it passed unanimously by those present. Councilor Prince abstained from
the vote. Mayor Pro Tem Smith Hymes was absent.
6.2. FIRST READING OF ORDINANCE 17-01, ACCEPTING A DONATION OF THE EAGLEBEND PROPERTY, AUTHORIZING
THE CONVEYANCE OF SUCH REAL PROPERTY, AND APPROVING A PROJECT AGREEMENT
(TOWN ATTORNEY ERIC HEIL)
Start time: 00:99:55
Councilor Prince asked for clarification regarding a conflict of interest. Town Attorney Eric Heil
responded that he was not aware of any conflict of interest. Council agreed there was not a
conflict of interest. Gerry Flynn with PolarStar Properties agreed there was not a conflict of
interest.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 4
Councilor Gennett moved to approve Ordinance 17-01 accepting the donation of the Eaglebend
Affordable Housing property, authorizing disposal of such property, and approving a new project
agreement between the Town of Avon and Eaglebend Affordable Housing Corporation on first
reading. Councilor Phillips seconded the motion and it passed unanimously by those present. Mayor
Pro Tem Smith Hymes was absent.
6.3.FIRST READING OF ORDINANCE 17-02, TO REZONE LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION FROM PUD
TO PUBLIC FACILITIES (PLANNING DIRECTOR MATT PIELSTICKER)
Start time: 00:117:13
Councilor Burch moved to approve Ordinance 2017-02 (Exhibit A), thereby approving first reading of
an Ordinance rezoning Lots 4, Mountain Vista Resort Subdivision, from PUD to PF. Councilor
Gennett seconded the motion and it passed unanimously by those present. Mayor Pro Tem Smith
Hymes was absent.
6.4. MOTION TO INCREASE PUBLIC SAFETY FACILITY BUDGET TO PROVIDE A WINTER CONDITIONS AND
UNFORESEEN EXPENDITURES CONTINGENCY DUE TO THE COST OF THE PIERS (TOWN ENGINEER JUSTIN
HILDRETH)
Start time: 00:120:20
Mayor Fancher asked, “With regard to the poor soils, did you hear a similar story from the
construction of the Medical Office Building?” Town Engineer Justin Hildreth responded the
Medical Office Building has a different foundation design that did not use the piles that are
being used for the Public Safety Facility. He also explained that during construction of the
Medical Office Building, no water was encountered.
Councilor Prince asked if the $124,00o is the Town’s share. Justin Hildreth explained all the
numbers are the Town’s share of the change orders.
Councilor Phillips asked what company conducted the original soils report. Justin Hildreth
responded, HP Geotech.
Councilor Gennett asked if any specific borings had been done on the sight. Justin Hildreth
explained three different borings were completed on the sight.
Councilor Prince expressed his support of electric hand dryers. Council agreed to add the
electric hand dryers back into the budget.
Councilor Phillips questioned why the low voltage system came in at double the anticipated
cost. She also asked who provided the original cost and who the Town is working with now.
Justin Hildreth explained he had an allowance that was estimated off of a previous project, but
the needs of the Police station are significantly more.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 5
Todd Goulding commented on the change orders being compatible on both fire & police sides.
Chris Evans answered Council questions regarding contingencies, stating that design change
would be an owner-covered contingency item.
Councilor Prince moved to approve the increase in the Public Safety Facility construction budget in
the amount of $300,000 for a total of $6,320,855 and to include the change in the next Capital
Projects Fund (CPF) budget amendment. Councilor Burch seconded the motion and it passed
unanimously by those present. Mayor Pro Tem Smith Hymes was absent.
6.5. REVIEW AND SELECT ONE OF THREE OPTIONS FOR THE AVON PAVILION CURTAIN OR DOOR SYSTEM
(TOWN ENGINEER JUSTIN HILDRETH)
Start time: 00:29:19 Part Two
Council considered several different options in the replacement of the stage curtain with doors
at Harry A. Nottingham Park Pavilion.
Councilor Phillips asked if any of the bids were made from Kansas. Town Engineer Justin
Hildreth responded none of the bids were local. Councilor Phillips challenged staff to find a
better price.
Councilor Wolf shared photos and recommended a door system with translucent material.
Michael Cacioppo spoke of his concern about the metal doors coming off their tracks and getting
bent. His recommendation is spending $75,000 or less.
Councilor Wolf wanted to know what is going on with the right pillar on the stage. He said all of the
rocks on the pillar are crumbling down.
Council provided direction to staff to further explore a door system with a rubber pull down and the
possibility of having a portion of either door being made of a translucent material. At a future
Council meeting, staff will present the additional research and options.
6.6. REVIEW AND ADOPTION OF AVON TOWN COUNCIL POLICY FOR THE APPLE IPAD OR SIMILAR DEVICE USE BY
TOWN COUNCIL (EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Start time: 00:55:12 Part Two
Councilor Phillips recommended that Council have an entirely separate and secure access to
Wi-Fi.
Michael Cacioppo asked for clarification about whether personal computers are subject to
public records requests. He also asked if the Town Attorney is allowed to provide legal advice
via the devices during a Council meeting.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 6
Town Attorney Eric Heil responded that legal advice will be given on the microphone and if it is
private he will recommend going into executive session.
Council provided the following direction:
• A request by two or more Town Council members is necessary in order for the Town
Council to access data on a Council member’s device.
• A request by two or more Town Council members is necessary in order for the Town
Council to review messages between any Town Council members on a Town-owned
device, whether a public record or confidential matter.
Councilor Wolf suggested ordering protective cases for the devices.
Councilor Wolf moved to adopt the Avon Town Council Policy for the Apple iPad or Similar Device Use
by Town Council as modified. Councilor Gennett seconded the motion and it passed unanimously by
those present.
6.7. CONSENT AGENDA
Start time: 00:79:11
6.7.1. APPROPRIATION OF $3,060 FOR THE PURCHASE OF A TOWN OWNED IPAD FOR TOWN COUNCIL
MEMBER USE FROM THE GENERAL FUND CONTINGENCY LINE ITEM
(EXECUTIVE ASSISTANT TO THE TOWN MANAGER PRESTON NEILL)
Councilor Prince requested the minutes be extracted from the consent agenda.
Councilor Burch moved to approve the transfer of $4,000 from the 2017 General Fund
Contingency line item to the 2017 Mayor and Town Council budget for the purchase of Apple iPads,
annotation software and protective cases. Councilor Wolf seconded the motion and it passed
unanimously by those present.
6.7.2. APPROVAL OF THE JANUARY 10, 2017 MEETING MINUTES (TOWN CLERK DEBBIE HOPPE)
Councilor Prince requested it be noted that he recused himself from the second portion of the
executive session.
Councilor Phillips recommended the addition of more time references on each topic for future
minutes.
Councilor Prince thought it would be pertinent to add under item 9.3, Ad Hoc Special Events
Committee that Council agreed to allow Councilor Wolf and Councilor Burch to be
listeners/observers on the committee.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 7
Councilor Gennett moved to approve the January 10, 2017 regular meeting minutes with the
suggested changes by Councilor Prince. Councilor Prince seconded the motion and it passed
unanimously by those present.
Michael Cacioppo made a comment about the format of the minutes.
Mayor Fancher responded that the Town has transitioned to writing more detailed minutes,
rather than action minutes.
7. WRITTEN REPORTS
7.7. MONTHLY FINANCIALS REPORT (ASSISTANT TOWN MANAGER SCOTT WRIGHT)
8. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Start time: 00:95.20 Part Two
Councilor Phillips presented her memorandum on the High Five Access Media Board update and
asked if there were any questions.
Michael Cacioppo asked for the resignation of JK Perry, Executive Director of High Five Access
Media for the following reasons:
• He refuses to email notices of meetings to those that request it.
• There has been unfairness during the political campaign.
• He refuses to advertise upcoming shows.
• He refuses to acknowledge the truthful history of the founding of access television.
• He refuses to remove the program Democracy Now.
Mayor Fancher recommended that Council hold a work session about High Five Access Media and
asked Mr. Cacioppo to submit comments in writing.
Councilor Wolf told Council and Town staff about the feedback he received on the Skier Express
Shuttle and suggested a 4:00 p.m. deviated pick up.
Town Manager Virginia Egger requested setting a date and time to meet with the Vail Town Council
in a joint work session. Council provided several date options to present to the Vail Town Council.
9. EXECUTIVE SESSION FOR A CONFERENCE WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL
ADVICE ON LITIGATION INVOLVING THE VILLAGE (AT AVON) WATER STORAGE TANK
Council did not meet in executive session.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, JANUARY 24, 2017
AVON TOWN HALL, ONE LAKE STREET
Page 8
10. ADJOURNMENT
There being no further business to come before the Council, Mayor Fancher moved to adjourn the
regular meeting. Councilor Gennett seconded the motion and it passed unanimously by those present.
The time was 9:18 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk’s office, and
the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
______________________________________________
Debbie Hoppe, Town Clerk
APPROVED:
Jennie Fancher ________________________________
Sarah Smith Hymes ________________________________
Jake Wolf ________________________________
Megan Burch ________________________________
Matt Gennett ________________________________
Scott Prince ________________________________
Amy Phillips ________________________________
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ord. No. 17-01 - Eaglebend Affordable Housing Project Refinancing
DATE: February 8, 2017
SUMMARY: The Avon Town Council provided direction at the January 10, 2017 Council meeting to proceed to
work with Eaglebend Affordable Housing Corporation (“EBAHC”) to close on the refinancing desired by EBAHC.
EBAHC has proposed to pay-off the existing outstanding debt on the EBAHC project site property (“Property”)
in the approximate amount of $11,965,000 and issue new debt in the approximate amount of $29 million (up
from $26.8 million indicated on first reading). The additional proceeds would be used for capital improvements
on the Property.
The Avon Town Council took action on January 28, 2014 to adopt first reading of Ordinance No. 17-01.
Ordinance No. 17-01 is presented for second and final reading. In accordance with the Avon Home Rule
Charter, the Town Council must conduct a public hearing before taking final action on Ordinance No. 17-01.
BACKGROUND: The original debt was issued by EBAHC as a non-profit corporation that was financing capital
improvements for a public purpose under IRS Revenue Procedures that allow tax exempt bond financing.
Qualified non-profit corporations are known as 63-20 Corporations. An essential requirement of any qualified
63-20 Corporation is that there must be a governmental sponsor that has the right to acquire and own the
property after the debt is full defeased. The Town of Avon’s right to acquire the Eaglebend Property is included
in the Project Agreement between EBAHC and the Town of Avon, which was originally approved with the
project in 1990.
Under existing laws and IRS Revenue Procedures for 63-20 Corporations, EBAHC cannot directly issue
additional tax exempt debt that would extend the debt payments past 2021. As proposed by EBAHC, the
proposed refinancing would be achieved by following an IRS Private Letter Ruling (PRL 8743047) whereby the
Colorado Housing and Finance Authority (“CHFA”) would act as the borrower and issue new bonds to defease
the existing debt and provide additional proceeds for capital improvements. CHFA can issue the bonds as tax
exempt bonds with a lower interest rate. In order to achieve this tax exempt financing, EBAHC would transfer
the Property to the Town of Avon, Avon would transfer the Property to CHFA, then CHFA would transfer the
Property to EBAHC. NOTE that transfer of fee title to the Town of Avon is required to comply with the terms of
the Project Agreement and thereby maintain the tax exempt status of the original bonds.
Along with this circle of transfers, EBAHC would agree to a new Project Agreement that carries forward the
same rights the Town has now. Under the new financing, a project agreement to satisfy the 63-20 Corporation
requirements is not technically required; however, EBAHC has agreed that it will support the continuation of the
Town’s rights as part of the refinancing. EBAHC has prepared a new Project Agreement, which is included with
Ordinance No. 17-01.
PROJECT AGREEMENT: There are three substantive rights in the existing Project Agreement, which are
listed as follows:
(1) The Town has the right to receive unencumbered fee title to the Property when the debt is paid-off.
(2) The Town has the right to pay-off existing debt at any time and then receive unencumbered fee title to the
Property.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Eaglebend Affordable Housing Corporation Refinancing
February 8, 2017
Page 2 of 3
(3) Any amendment, modification or extension of debt on the Property is subject to the Town’s review and
approval.
The draft Project Agreement has these substantive rights. I received the draft Project Agreement yesterday
(February 7, 2017). I have asked for further definition of “user” in the last sentence of Section 3. My suggested
revisions are shown in REDLINE format in the attached Project Agreement.
The new Project Agreement is virtually the same as the 2006 Project Agreement with these exceptions:
• The term “Financing Agreement” is used rather than “Indenture Agreement”.
• EBAHC has proposed a new Section 12 (no assignment or amendments without consent) and Section
13 (execution in counterpart).
• I have revised the Project Agreement to include language which allows Town to assign its Right to
Acquire fee title to a Town owned or controlled entity (e.g. Avon URA or Avon formed non-profit) or to
Eagle County. NOTE: With the new refinancing, there is no IRS 63-20 Corporation requirement that
the local government sponsor has to take title for the non-profit financing to qualify for tax exempt bond
financing.
EBAHC has indicated that a draft term sheet may be available by the Tuesday meeting, that there will be a
balloon payment due again in the future, and that EBAHC is not planning to set up a reserve fund to be able to
make that balloon payment in the future.
REMAINING OUTSTANDING ISSUES:
CHFA Approval: As of the date of this memorandum, CHFA has not yet confirmed that they will provide
financing as proposed and requested by EBAHC. What is not known at this time is the requirements that CHFA
may have on financing, defeasance of debt, incorporating and referencing the Town’s rights in a new Project
Agreement into a new indenture agreement, and the extent and definition of any minimum affordable housing
requirements on the Property.
Financing Agreement: I have also not received a draft of the Financing Agreement, which is cross-referenced
in the Project Agreement and which presents substantive terms to the Project Agreement.
Financing Details: EBAHC is not yet be able to provide final details (i.e. locked terms or not to exceed terms)
regarding the amortization period (debt term), projected annual extra cash flow from the project, and whether an
annual operating and/or capital reserves funds will be established. The terms of financing from CHFA may
require some of these details to be addressed. Also not known at this time is the form and terms of any
agreement between CHFA and EBAHC.
Quit Claim Deed forms: I am expecting that conveyance of the Property to the Town will be by quit claim deed
and that the Town would reconvey the Property to CHFA by quit claim deed. I do not know at this time if other
details or restrictions should, or must, be incorporated into the conveyances to accommodate the financing from
CHFA. As acknowledged in the Ordinance, the Town is receiving the Property as a “donation” because it is not
paying of the existing $11+ million outstanding debt balance. Under the Town’s Home Rule Charter, the Town
may receive and then dispose of donations of real property in accordance with the terms of the donation under
Avon Town Council
Eaglebend Affordable Housing Corporation Refinancing
February 8, 2017
Page 3 of 3
Section 18.4 without falling under the requirement of voter approval to dispose of municipally owned property in
“use for public purpose” under Section 18.3.
OPTIONS: (1) The Town Council may approve Ordinance No. 17-01. I have modified the Ordinance to state
that the form of the Quit Claim Deeds and the final form of the Project Agreement are subject to review and
approval of the Town Attorney.
(2) Defer second and final reading of Ordinance No. 17-01 until the remaining refinancing details are known
and a draft Financing Agreement is provided.
PROPOSED MOTION: “I move to approve second and final reading of Ordinance No. 17-01 ACCEPTING
THE DONATION OF THE EAGLEBEND AFFORDABLE HOUSING PROPERTY, AUTHORIZING
DISPOSAL OF SUCH PROPERTY, AND APPROVING A NEW PROJECT AGREEMENT BETWEEN THE
TOWN OF AVON AND EAGLEBEND AFFORDABLE HOUSING CORPORATION.”
Or
“I move to continue second and final reading of Ordinance No. 17-01 to February 28, 2017.”
Thank you, Eric
ATTACHMENT: Ordinance No. 17-01
Ord 17-01 Eaglebend Affordable Housing Corporation Property
Second Reading – February 14, 2017
Page 1 of 3
TOWN OF AVON, COLORADO
ORDINANCE NO. 17-01
ACCEPTING THE DONATION OF THE EAGLEBEND AFFORDABLE
HOUSING PROPERTY, AUTHORIZING DISPOSAL OF SUCH PROPERTY,
AND APPROVING A NEW PROJECT AGREEMENT BETWEEN THE TOWN
OF AVON AND EAGLEBEND AFFORDABLE HOUSING CORPORATION
WHEREAS, Eaglebend Affordable Housing Corporation (“EBAHC”) owns an affordable
rental housing project located on property described as follows: Parcel 1: Lot 2 and Tract A,
Replat Number 1, Final Plat of Eaglebend Subdivision, Filing No. 4, According to the Plat
Recorded July 17, 1992 in Book 584 at Page 995, County of Eagle, State of Colorado; and,
Parcel 2: Lot 1, Riverside Subdivision, Town of Avon, According to the Final Plat Recorded
September 1, 1989 on Book 512 at Page 802, County of Eagle, State of Colorado, (“Property”);
and
WHEREAS, EBAHC desires to refinance existing debt on the Property with an
approximately current outstanding balance of $11,965,000 in order to accelerate capital
improvements to the Property, to take advantage of low interest rates, and to provide for more
favorable amortization of the debt; and,
WHEREAS, EBAHC proposes refinancing by and through the Colorado Housing and
Finance Authority (“CHFA”), which would require conveyance of the Property to the Town of
Avon by donation, then conveyance to CHFA, and then conveyance to EBAHC; and,
WHEREAS, EBAHC entered into the Eaglebend Affordable Housing Project Second
Amended and Restated Project Agreement, dated August 1, 2006, (“Project Agreement”) with
the Town of Avon, under which EBAHC must obtain consent of the Town of Avon for any
amendment or modification of the Indenture (as referenced in the Project Agreement), which will
be necessary for the refinancing; and,
WHEREAS, EBAHC proposes to convey the Property by donation to the Town of Avon
without the Town paying the outstanding debt balance, and in connection with such donation
EBAHC requests that the Town reconvey the Property to CHFA, which will sell and convey the
Property to EBAHC subject to such new and modified requirements as set forth in the new
documents with respect to the refinancing; and,
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council
may accept conveyances of real property to the Town and may dispose of real property and
Section 18.4 of the Avon Home Rule Charter provides that the Town Council may receive gifts
of property in fee simple and may dispose of such property in accordance with the terms of the
gift; and
ATTACHMENT A: ORD NO. 17-01
Ord 17-01 Eaglebend Affordable Housing Corporation Property
Second Reading – February 14, 2017
Page 2 of 3
WHEREAS, the Avon Town Council finds that facilitating the refinancing of the Property
will allow for a more favorable amortization schedule with respect to the financing of the
Property, will provide necessary new funds to accelerate capital improvements to the Property,
and will extend the life of the Property which provides a substantial number of affordable
housing rental units for the Avon community, and will thereby promote the health, safety and
general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding this Ordinance and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Acceptance of Donation Property. The Town Council hereby accepts the
donation of the Property by and through a Quit Claim Deed, the form of which shall be subject to
review and approval by the Mayor, Town Manager and Town Attorney, and which acceptance of
title to the Property shall be subject to the terms and conditions of the refinancing and the new
Project Agreement, as described below in Section 4, the form of such Quit Claim Deed shall be
subject to review and approval of the Town Attorney.
Section 3. Authorization to Reconvey Property. The Town Council hereby authorizes the
Mayor, Town Clerk, Town Manager and Town Attorney to execute all documents and take such
action to reconvey the Property to CHFA by Quit Claim Deed in accordance with the terms and
conditions of the refinancing and the new Project Agreement, as described in Section 4, the form
of such Quit Claim Deed shall be subject to the review and approval of the Town Attorney.
Section 4. Approval of 2017 Project Agreement. The Town Council hereby approves the
new Project Agreement with EBAHC, attached hereto as Exhibit A, which final form and
completion, including but not limited to review of the Finance Agreement, shall be subject to
review and approval of the Town Attorney.
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,
ATTACHMENT A: ORD NO. 17-01
Ord 17-01 Eaglebend Affordable Housing Corporation Property
Second Reading – February 14, 2017
Page 3 of 3
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 the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on January 24, 2017 and setting such public hearing for February 14, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on February 14, 2017.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
ATTACHMENT A: ORD NO. 17-01
DRAFT
1
EAGLEBEND AFFORDABLE HOUSING PROJECT
PROJECT AGREEMENT
THIS PROJECT AGREEMENT (the “Agreement”) is made as of _________,
2017, by and between EAGLEBEND AFFORDABLE HOUSING CORPORATION, a Colorado
nonprofit corporation (the "Corporation") and the TOWN OF AVON, COLORADO (the
''Town").
RECITALS:
A. The Corporation has been organized under the Colorado Nonprofit
Corporations Act to acquire property in order to provide affordable housing facilities, for the
benefit and on behalf of the Town and its inhabitants.
B. The Corporation shall incur a loan in the principal amount of
$29,000,000 (“Loan”) pursuant to a Financing Agreement (“Financing Agreement”) by and
among the Colorado Housing and Finance Authority, the Corporation and _____________ (the
“Lender”) dated ___________, 2017 for the purposes of (ii) refunding and redeeming in full the
outstanding EagleBend Affordable Housing Corporation Variable and Fixed Rate, Senior and
Subordinate, Multifamily Housing Project Revenue Refunding Bonds, Series 2006 (the
"Refunded Bonds"), and (ii) providing additional moneys to make certain improvements to the
Project (defined below). The Refunded Bonds were issued for the purpose of refunding prior
bonds which were issued for the purpose of acquiring and constructing real and personal
property operated by the Corporation and known as the "EagleBend Affordable Housing Project"
(the "Project"), located on the property described in Exhibit A hereto, to provide dwelling
accommodations at rental rates within the means of individuals or families of low or moderate
income, as determined by the Board of Directors of the Corporation from time to time.
C. In connection with the Refunded Bonds, the Town and the Corporation
entered into a Project Agreement dated August 1, 2006 (“Prior Project Agreement”). This
Agreement amends and restates the Prior Project Agreement.
D. The Prior Project Agreement was recorded in the office of the Eagle
County Clerk and Recorder on September 26, 2006 in Book ____ at Page ____, with Reception
No. 200626171.
All capitalized terms used herein, unless otherwise defined, shall have the
meanings ascribed thereto in the Financing Agreement.
EXHIBIT A: PROJECT AGREEMENT - ORD 17-01
DRAFT
2
TERMS
For good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Town and the Corporation, on behalf of themselves and their
respective successors and assigns, agree as follows:
Section 1. Project Operations. The Corporation hereby covenants and
agrees to operate the Project at standards required to provide decent, safe, and sanitary housing
facilities at reasonable rental rates, in a sound and economical manner, as provided in the
Financing Agreement. Nothing herein or in any resolutions of the Town shall be interpreted to
require the Town to undertake responsibility for operation of the Project. The Corporation shall
indemnify and hold harm less the Town, its officers, agents and employees and members of its
Town Council with respect to any liability or damages arising under actions or claims against
the Town as a result of the operation of the Project by the Corporation.
Section 2. Town Benefit. The Corporation covenants and agrees that
all activities of the Corporation shall be undertaken for the benefit of the Town. Upon
termination of this Agreement, the Town shall be entitled to acquire title to the Project without
cost, as provided in the Financing Agreement.
Section 3. Right to Acquire. As further provided in the Financing
Agreement, the Town is hereby granted the right to obtain, at any time, fee title and
exclusive possession of property (including the Project) financed by obligations of the
Corporation (including the Loan) free from liens and encumbrances created by the Corporation
related to the Loan (but subject to other Permitted Encumbrances, as defined in the
Financing Agreement), and any additions to such property, by (i) placing into escrow an amount
that will be sufficient to defease such Loan and other obligations, (ii) paying reasonable costs
incident to the defeasance, and (iii) complying with all other requirements of the Financing
Agreement. The Town, at any time before it defeases such obligations, shall not agree or
otherwise be obligated to convey any interest in such property to any person (including the
United States of America or its agencies or instrumentalities) for any period extending beyond or
beginning after the Town defeases such obligations. In addition, the Town shall not agree or
otherwise be obligated to convey a fee interest in such property to any person (or a related
person) who was a user thereof before the defeasance, within 90 days after the Town defeases
such obligations. For the purposes of this Agreement, the term “user” shall mean the Eaglebend
Affordable Housing Corporation. The Town may assign its right to acquire fee title and
exclusive possession of the Property and the Project to a legal entity owned or controlled by the
Town or to the County of Eagle, including any County entity formed for the purpose of
providing housing.
Section 4. Unencumbered Title. If the Town exercises its option
under Section 3, the Corporation shall immediately cancel all encumbrances on such property,
including all leases and management agreements (subject to certain Permitted Encumbrances as
aforesaid). Any lease, management contract, or similar encumbrance on such property will be
considered immediately cancelled if the lessee, management company, or other user vacates such
EXHIBIT A: PROJECT AGREEMENT - ORD 17-01
DRAFT
3
property within a reasonable time, not to exceed 90 days, after the date the Town exercises its
rights under Section 3.
Section 5. Default Rights. Upon the occurrence of an "Event of
Default" as defined in Section _____ of the Financing Agreement, the Corporation shall cause
the Trustee, within five days of such occurrence, to provide notice to the Town, and the Town
shall have the option to cure such Event of Default within 90 days after receipt of such
notice. As provided in Section _____ of the Financing Agreement, amounts advanced by the
Town as a result of the exercise of this option to cure monetary defaults hereunder and
reasonable, direct expenses of the Town advanced to cure nonmonetary defaults hereunder
shall be deemed to be indebtedness of the Corporation to the Town and which indebtedness shall
bear interest at the annual rate of eight percent (8%).
In addition to the foregoing and consistent with Section ___ of the Financing
Agreement, if pursuant to Section ___ of the Financing Agreement, the Lender declares
the principal of the Loan then outstanding to be due and payable and any foreclosure
proceeding or other action is commenced under the Financing Agreement or the [Deed of Trust],
which could lead to the sale or other disposition of the property pledged thereunder, the
Town is here by granted an exclusive option to purchase all such property (including the
Project), for the amount of the outstanding Loan and other indebtedness of the Corporation
relating to the Project and accrued interest to the date of default. The Town shall have not
less than 90 days from the date it is notified by the Trustee of such action in which to both
exercise the option and purchase the property. Nothing herein shall be construed to create
any obligation of the Town to cure any Event of Default.
Section 6. Funds under the Financing Agreement. As required under
Section ____ of the Financing Agreement, in the event the Town exercises its options under
Section 3 or 5 hereof, the Town shall receive a credit towards its defeasance or purchase costs in
the amount of any fund or account balances held under the Financing Agreement [with the
exception of (i) the __________ Fund, as defined in the Financing Agreement,] (ii) an amount
representing [Operation and Maintenance Expenses], required by the Corporation's current
operating budget through the date of defeasance or purchase, and (iii) any amount needed to pay
additional interest on the Loan or expenses in connection with such defeasance under
Section ____ of the Financing Agreement.
Section 7. Title. Unencumbered fee title (subject to certain Permitted
Encumbrances as aforesaid) to the Project and any additions thereto and exclusive
possession and use thereof will vest in the Town, or Town’s assignee as permitted in Section 3,
without demand or further action on its part when all obligations issued under the Financing
Agreement (including the Loan) are discharged. For purposes of this Section 7, such
obligations will be discharged when (i) cash is available at the place of payment on the date that
the obligations are due (whether at maturity or upon call for redemption), (ii) interest ceases to
accrue on the obligations, or (iii) as otherwise provided in Section ____ of the Financing
Agreement. All leases, management contracts and similar encumbrances on the Project shall
terminate upon discharge of said obligations. Encumbrances that do not significantly interfere
EXHIBIT A: PROJECT AGREEMENT - ORD 17-01
DRAFT
4
with the enjoyment of such property, such as the Permitted Encumbrances, are not considered
encumbrances for purposes of this Section.
Section 8. Financing Agreement Rights; Approval of Town. The
Corporation hereby covenants and agrees that the provisions of the Financing Agreement
granting any rights to the Town shall not be amended or modified without the consent of the
Town. By execution hereof, the Town hereby consents to the provisions of the Financing
Agreement relating to the rights of the Town and confirms its approval of the incurrence of the
Loan.
Section 9. Term. This Agreement shall terminate upon the vesting of title to
the Project in the Town as herein provided.
Section 10. Burden on Property. This Agreement is a burden upon
and runs with the property described in Exhibit A hereto and is binding upon the Corporation
and upon all persons or entities with any right, title or interest to such property or any part
thereof. This Agreement may be released therefrom in the same manner as the release of
property under the [Deed of Trust] executed in connection with the Loan.
Section 11. Construction. In the event of any conflict between the
terms and provisions of this Agreement and the terms and provisions of the Financing
Agreement, the terms and provisions of the Financing Agreement shall govern.
Section 12. No Assignment, Amendments, Changes and Modifications
without Consent. No assignment, amendment, change or modification of this Agreement is
permitted without the express written consent of the Corporation and the Town, except such
assignment of the right to acquire title and exclusive possession of the property as stated in
Sections 3 and 7 above.
Section 13. Execution in Counterparts. This Agreement may be executed in
several counterparts, each of which shall be an original but all of which shall constitute but one
and the same agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hand as of the
day and year first mentioned above.
TOWN OF AVON, COLORADO EAGLEBEND AFFORDABLE HOUSING
CORPORATION
By: _______________________________ By: ________________________________
Mayor President
[SEAL] [SEAL]
EXHIBIT A: PROJECT AGREEMENT - ORD 17-01
DRAFT
5
ATTEST: ATTEST:
___________________________________ ___________________________________
Town Clerk Secretary
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of
_________, 2017 by Gerald E. Flynn, as President, and ____________________, as Secretary,
on behalf of EAGLEBEND AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit
corporation.
WITNESS my hand and official seal
My Commission expires: _______________________
[SEAL]
____________________________________
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ___ day of
_________, 2017 by ______________, as Mayor, and ____________________, as Town Clerk,
on behalf of the TOWN OF AVON, COLORADO.
WITNESS my hand and official seal
My Commission expires: _______________________
EXHIBIT A: PROJECT AGREEMENT - ORD 17-01
DRAFT
6
[SEAL]
____________________________________
Notary Public
EXHIBIT A: PROJECT AGREEMENT - ORD 17-01
DRAFT
7
EXHIBIT A
Description of EagleBend Project Site
The following real property and all buildings and improvements, and fixtures or
appurtenances, now or hereafter erected thereon:
Parcel 1
LOT 2 AND TRACT A, REPLAT NUMBER 1, FINAL PLAT OF
EAGLEBEND SUBDIVISION, FILING NO. 4, ACCORDING TO THE
PLAT RECORDED JULY 17, 1992 IN BOOK 584 AT PAGE 995,
COUNTY OF EAGLE, STATE OF COLORADO.
Parcel 2
LOT 1, RIVERSIDE SUBDIVISION, TOWN OF AVON, ACCORDING
TO THE FINAL PLAT RECORDED SEPTEMBER 1, 1989 ON BOOK
512 AT PAGE 802, COUNTY OF EAGLE, STATE OF COLORADO.
DEN 99268318v2
EXHIBIT A: PROJECT AGREEMENT - ORD 17-01
Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 1
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: February 14, 2017 Meeting
Agenda Topic: PUBLIC HEARING and Second Reading of Ordinance 2017-02, An Ordinance Approving
the Rezoning of Lot 4, Mountain Vista Resort Subdivision, from Planned Unit
Development (PUD) to Public Facilities (PF)
ACTION BEFORE COUNCIL
Vote on an Ordinance that changes the zoning of the new Town Hall parcel from Planned Unit
Development (PUD) to Public Facilities (PF) zone district.
PROPOSED MOTION
“I move to approve Ordinance 2017-02 (Exhibit A), thereby approving second and final reading of an
Ordinance rezoning Lots 4, Mountain Vista Resort Subdivision, from PUD to PF.”
BACKGROUND
Shortly after the purchase of the new Town Hall building and Lot 4, Mountain Vista Resort Subdivision,
Staff presented the option to rezone the property to PF; this would have been concurrent with the
Points of Colorado application to rezone the remainder of the Mountain Vista Resort Subdivision as TC.
While the accessory uses of the Mountain Vista building are still pending, the potential to use ground
floor space to accommodate retail, a coffee shop, a visitor’s center, or other similar use is being
considered. Analysis of the structural capability to hold additional floors, potentially accommodating
housing on the top of the building, was explored in late 2016 and therefore the building height will not
be modified. At that time Council provided direction to further evaluate the zoning options so as to not
restrict possibilities with new construction.
Code text amendments were processed to allow more flexibility with additional housing uses in PF and
governmental uses in the TC zone district. The following changes to the development code were
approved:
1. Residential Uses were added as a Special Review Use (SRU) in the PF zone district; and
2. Public and Institutional Uses added as a Use by Right in the TC zone district.
Following the approval of the code text changes, the Planning and Zoning Commission (PZC) again
reviewed the rezoning of Lot 4. At a public hearing on October 4, 2016, PZC discussed the intended use
of the facility first and foremost as a governmental office building. Citing concerns with other potential
non-governmental uses in the development and resultant parking demands, PZC recommended that
Council approve rezoning the property from PUD to the PF zone district, citing the following findings:
Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 2
1. The Application was reviewed in accordance §7.16.050, Rezonings, Avon Development
Code, and is found to be in substantial compliance with the review criteria.
2. The subject property is publicly owned by the Town of Avon and should remain public
without private uses.
3. Town Center (TC) zone district designation is not appropriate for public uses.
4. Uses allowed in the TC zone district could result in inadequate parking allocations, or
result in private enterprises’ reliance on public parking currently reserved for the
Recreation Center and other public uses.
5. The Application provides assurances with respect to building form, development
standards, and allowed uses consistent and in scale with adjacent neighboring existing
and planned land uses.
6. The Application is substantially compliant with the purpose statements of the
Development Code by providing for the orderly, efficient use of the Property, while at
the same time conserving the value of the investments of owners of property in Town.
Following PZC’s recommendation for approval of the rezoning from PUD to PF, Council held first reading
of an Ordinance on October 25, 2016. The motion to approve the Ordinance (3-2 vote) did not
represent a majority of Council and therefore the motion did not pass. The file was again brought
before council for approval of first reading on January 24, 2017, whereby 1st reading was approved.
PROPERTY DESCRIPTION
Lot 4 is approximately a 1/4 acre in size and is currently surrounded by parking lots and undeveloped
portions of the Mountain Vista development project. The lot itself is covered mostly with the vacant
office building footprint and concrete sidewalks surrounding the building. The property is bounded on
the west by Tract G and surface parking; south by the Main Street Pedestrian Mall; on the north by the
partially developed Sheraton Mountain Vista Subdivision, and on the east by Lot B and potential future
site of a hotel.
Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 3
REZONING REVIEW CRITERIA
As outlined in Sec. 7.20.080(e), the PF district “is intended to provide sites for public uses such as
community centers, police and fire stations, and governmental facilities.” The review process and review
criteria for zoning amendments are governed by AMC §7.16.050, Rezonings. Council shall use the
criteria below as the basis for a final decision on the application. Staff responses to each review criteria
are provided.
(1) Evidence of substantial compliance with the purpose of the Development Code;
The entire Purpose statement section from the Development Code (Section 7.04.030 -
Development Code Purposes) is outlined for reference:
(a) Divide the Town into zones, restricting and requiring therein the location, erection,
construction, reconstruction, alteration and use of buildings, structures and land for trade,
industry, residence and other specified uses; regulate the intensity of the use of lot areas;
regulate and determine the area of open spaces surrounding such buildings; establish building
lines and locations of buildings designed for specified industrial, commercial, residential and
other uses within such areas; establish standards to which buildings or structures shall
conform; establish standards for use of areas adjoining such buildings or structures;
(b) Implement the goals and policies of the Avon Comprehensive Plan and other applicable
planning documents of the Town;
(c) Comply with the purposes stated in state and federal regulations which authorize the
regulations in this Development Code;
(d) Avoid undue traffic congestion and degradation of the level of service provided by streets
and roadways, promote effective and economical mass transportation and enhance effective,
attractive and economical pedestrian opportunities;
(e) Promote adequate light, air, landscaping and open space and avoid undue concentration or
sprawl of population;
(f) Provide a planned and orderly use of land, protection of the environment and preservation
of viability, all to conserve the value of the investments of the people of the Avon community
and encourage a high quality of life and the most appropriate use of land throughout the
municipality;
(g) Prevent the inefficient use of land; avoid increased demands on public services and facilities
which exceed capacity or degrade the level of service for existing residents; provide for phased
development of government services and facilities which maximizes efficiency and optimizes
costs to taxpayers and users; and promote sufficient, economical and high-quality provision of
all public services and public facilities, including but not limited to water, sewage, schools,
libraries, police, parks, recreation, open space and medical facilities;
(h) Minimize the risk of damage and injury to people, structures and public infrastructure
created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other
natural hazards;
(i) Achieve or exceed federal clean air standards;
Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 4
(j) Sustain water sources by maintaining the natural watershed, preventing accelerated
erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced
directly into streams and enhancing public access to recreational water sources;
(k) Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of
historical and archaeological importance, provide for adequate open spaces, preserve scenic
views, provide recreational opportunities, sustain the tourist-based economy and preserve
property values;
(l) Promote architectural design which is compatible, functional, practical and complimentary
to Avon's sub-alpine environment;
(m) Achieve innovation and advancement in design of the built environment to improve
efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of
non-renewable natural resources and attain sustainability;
(n) Achieve a diverse range of attainable housing which meets the housing needs created by
jobs in the Town, provides a range of housing types and price points to serve a complete range
of life stages and promotes a balanced, diverse and stable full time residential community
which is balanced with the visitor economy;
(o) Promote quality real estate investments which conserve property values by disclosing risks,
taxes and fees; by incorporating practical and comprehensible legal arrangements; and by
promoting accuracy in investment expectations; and
(p) Promote the health, safety and welfare of the Avon community.
Staff Response: The Application is substantially compliant with the purpose statements of the
Development Code by providing for the orderly, efficient use of the Property, while at the same
time considering adjacent land uses and compatibility of land uses in the vicinity.
The Application complies with the goals and policies of the Avon Comprehensive Plan and other
applicable planning documents. Two planning studies were completed in 2015 that support the
rezoning and final use of the building as a Town Hall. The Avon Town Hall Facility Assessment and
Space Needs Analysis was
completed by SEH, Inc. consultant
to the Town. In addition to looking
at space requirements and
condition of the existing Town Hall,
the study identified Lot 4 as the
preferred option for a new Town
Hall.
Further support for this rezoning
was documented with the Planning
Services Review and Update of
Nottingham Park Master Plan,
Swift Gulch Master Plan, and Lot 5
Development Plan, completed in
November, 2015 by Stan Clauson Associates, consultant to the Town. That planning study looked
at three alternatives for Town Hall, with the preferred option as Lot 4.
Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 5
Staff Response: The application will provide consistency with the Comprehensive Plan, and
supporting planning documents listed above. Specific goals and policies that support the rezoning
include:
Policy C.1.6: Include sufficient land for public uses such as schools,
recreation, community facilities (such as childcare), and
government services near the people who use them.
Goal J.2: Ensure cost effective provision and development of public facilities and
services.
Policy J.2.2: Locate schools, parks, and other civic facilities, along trails, sidewalks,
and transit facilities.
Goal J.3.1: Encourage the broad participation of citizens in planning efforts and
decision-making.
The West Town Center Investment Plan also supports moving public offices from their current
location to accommodate other potential uses in its current footprint. The area between the
Recreation Center and New Town Hall property is still envisioned to accommodate an
expansion to the Recreation Center as well as a possible parking structure, employee housing,
and limited retail space on the Main Street Pedestrian Mall.
(3) Physical suitability of the land for the proposed development or subdivision;
Staff Response: The Property is physically suitable for the proposed development as a Town
Hall. A design and development process is underway for government and related services.
(4) Compatibility with surrounding land uses;
Staff Response: Governmental offices, with supportive community and related uses fit well
between the park, Recreation Center, and library, with transition to the Main Street
Pedestrian Mall and lodging activities that surround. The permitted uses in the PF zone
District include the following:
Art Gallery or Museums
Community Centers
Libraries
Government Services, Offices, and Facilities
Education
Transit Facilities
Medical
Recycling Centers
Residential Uses by Special Review Use
Other Accessory Uses as determined by the Director
Public uses are concentrated in this area of Town at the edge of Nottingham Park and appear
to be compatible with surrounding residential, commercial, and lodging land uses. The
interface of Lot 4 with the surrounding uses (both existing and proposed) will be studied in
more detail with the completion of the Main Street Pedestrian Mall.
Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 6
(5) Whether the proposed rezoning is justified by changed or changing conditions in the
character of the area proposed to be rezoned
Staff Response: As identified with updated planning studies, conditions have changed in the
area of Tract G with the construction of the Pavilion. Additionally, ballot issues passed for the
police and fire departments for the relocation to the north side of Interstate 70. This
property is positioned between several TC properties to the east, and a large area of PF zoned
district property to the west. While the potential use/character may be unconventional, it will
ultimately be for the public good. It is envisioned that the building and supporting uses will
have a high level of interaction with the Main Street Pedestrian Mall and be supportive of
public use to a much higher degree than the current Town Hall facility on Tract G.
(6) Whether there are adequate facilities available to serve development for the type and
scope suggested by the proposed zone compared to the existing zoning, while maintaining
adequate levels of service to existing development;
Staff Response: Adequate facilities are available to serve the development type and scope.
(7) Whether the rezoning is consistent with the stated purpose of the proposed zoning
district(s);
Staff Response: The PF zone district is appropriate for the Lot’s intended uses. The Public
Facilities district “is intended to provide sites for public uses such as community centers, police
and fire stations, and governmental facilities.” Staff and PZC carefully analyzed the TC zone
district; however, the PF district fit best with the planned uses. Direction was provided by
Council to not pursue residential, office, or other additional uses on the property.
(8) That, compared to the existing zoning, the rezoning is not likely to result in adverse
impacts upon the natural environment, including air, water, noise, stormwater
management, wildlife, and vegetation, or such impacts will be substantially mitigated;
Staff Response: Staff does not anticipate any adverse impacts upon the natural environment,
compared to the existing zoning (office/retail).
(9) That, compared to the existing zoning, the rezoning is not likely to result in significant
adverse impacts upon other property in the vicinity of the subject tract;
Staff Response: No significant impacts to other properties in the vicinity are envisioned with a
PF land use designation. All of the neighboring properties are aware of the proposed rezoning
and intended use of the property; some neighboring property owners intend to perform
additional improvements to create additional vibrancy in the area.
(10) For rezoning within an existing PUD, consistency with the relevant PUD Master
Plan as reflected in the approval of the applicable PUD; and,
Staff Response: The rezoning would supersede and void the existing PUD Development Plan
documents. This is found to be a benefit in and of itself, thereby eliminating the outdated
Mountain Vista PUD documentation.
(11) Adequate mitigation is required for zoning amendment applications which result
in greater intensity of land use or increased demands on public facilities and infrastructure.
Staff Response: The intensity of use is comparable to existing zoning and possible uses of the
property.
Ordinance 2017-02 | Lot 4 Mountain Vista Subdivision | Rezoning from PUD to PF 7
ATTACHMENTS
Exhibit A: Ordinance 2017-02
Exhibit B: PZC Record of Decision
Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District SECOND READING – February 14, 2017 Page 1 of 4
TOWN OF AVON, COLORADO
ORDINANCE NO. 17-02
REZONING LOT 4, MOUNTAIN VISTA RESORT SUBDIVISION, AVON, COLORADO, FROM PLANNED UNIT DEVELOPMENT TO PUBLIC FACILITIES
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic organized under the laws of the State of Colorado and possessing the maximum powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town of Avon (“Applicant”) submitted an application to rezone Lot 4,
Mountain Vista Resort Subdivision, Avon, Colorado (“Property”) from Planned Unit
Development to Public Facilities zone district; and
WHEREAS, according to the Avon Municipal Code (“AMC”) §7.20.080(c), the PF district is intended to provide sites for public uses such as community centers, police and fire stations
and governmental facilities; and
WHEREAS, the Town’s Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on October 4, 2016; and prior to formulating a recommendation to the Town Council considered all comments, testimony, evidence and Town Staff reports; and then took action to adopt Findings of Fact and a Record of
Decision on October 18, 2016, in accordance with AMC §7.16.020(f), making a
recommendation to the Town Council to approve the Application for PF zoning; and
WHEREAS, the Town Council of the Town of Avon, after publishing and posting notice in accordance with the requirements of AMC §7.16.020(d), Step 4: Notice, held a public hearing February 14, 2017, and prior to taking final action considered all comments, testimony, evidence
and Town Staff reports; and then took action by approving this Ordinance; and
WHEREAS, in accordance with AMC §7.12.020, Town Council, and in addition to other
authority granted by the Town Charter, its ordinances or State of Colorado law, the Town Council has application review and decision-making authority to approve, approve with conditions or deny the Application; and
WHEREAS, pursuant to AMC §7.16.050(c), Review Criteria, the Town Council has
considered the applicable review criteria for rezoning and finds that the criteria are met in
accordance with the town staff report, and in accordance with the Findings of Fact; and
WHEREAS, the Property is located adjacent to property owned by the Town of Avon which is currently zoned PF district and the Property is intended for use as a Town Hall, government
facilities, and accessory land uses; and
Exhibit A
Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District SECOND READING – February 14, 2017 Page 2 of 4
WHEREAS, the Town Council finds that the rezoning from Planned Unit Development to
the Public Facilities district will promote the Avon Comprehensive Plan for District 1, promote
uniformity of zoning regulations in the Town Core area, and will thereby promote the health,
safety and welfare of the Avon community; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a Public Hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application, and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council.
Section 2. Rezoning. Lots 4, Mountain Vista Resort Subdivision, Avon, Colorado, is hereby
rezoned from Planned Unit Development to the Public Facilities district.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it has passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall in no event take effect sooner than thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for the preservation of health and safety and for the protection of pubic convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
Exhibit A
Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District SECOND READING – February 14, 2017 Page 3 of 4
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal.
Section 7. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical,
grammatical, cross-reference, or other errors which may be discovered in any documents associated with this Ordinance and documents approved by this Ordinance provided that such corrections do not change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code. [EXECUTION PAGE FOLLOWS]
Exhibit A
Ord 17-02 Rezoning Lot 4, Mountain Vista Subdivision PUD to PF Zone District SECOND READING – February 14, 2017 Page 4 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on January 24, 2017 and setting such public hearing for February 14, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ADOPTED ON SECOND AND FINAL READING on February 14, 2017.
BY: ATTEST:
____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Exhibit A
Exhibit B
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: February 14, 2017
Agenda Topic: PUBLIC HEARING AEG LIVE ROCKY MOUNTAINS PERMIT APPLICATION FOR AMPLIFIED SOUND
SYSTEM FOR LYLE LOVETT AND HIS LARGE BAND ON JULY 23, 2017
ACTION BEFORE COUNCIL
The Town Council is asked to consider approving an Amplified Sound Permit to extend the hours of use
on Sunday, July 23, 2017, to 10:00 p.m., as requested by AEG Live Rocky Mountains for a Lyle Lovett and His
Large Band ticketed concert.
PROPOSED MOTION
I move to approve [or approve with conditions or deny] an Amplified Sound Permit for the Lyle Lovett and
His Large Band concert on Sunday, July 23, 2017, until 10:00 p.m.
BACKGROUND
The addition of a large single or multi-day ticketed music concert, presenting a high caliber level of talent,
is of particular interest to the Town’s special event program. To that end, Town staff has been working
with multiple producers, including AEG Live Rocky Mountains, to attract an event of this desired level.
AEG Live Rocky Mountains has made an offer to Lyle Lovett and His Large Band to perform at Nottingham
Park and Avon Performance Pavilion on Sunday, July 23rd. This will be a ticketed event, with an expected
crowd size of 4,000 to 4,500. The ticket price is $55.00 - $60.00. The event will most likely be billed as An
Evening with Lyle Lovett and His Large Band, with no other acts. No funding is requested from the Town of
Avon.
At the time of this Council Report, the offer has not yet been accepted. If the offer is not accepted, an
approved Amplified Sound Permit will be voided.
OVERVIEW
A Public Hearing is required for the outdoor use of amplified sound for events that wish to have amplified
sound after 8:00 p.m. on a Sunday evening (Avon Municipal Code Chapter 5.24.020). The attached Permit
Application for Amplified Sound System for the Lyle Lovett and His Large Band concert is requesting the
performance be allowed until 10:00 p.m.
A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the public hearing on Tuesday,
February 14, 2017. The applicant will not be able to attend the meeting.
Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of
permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the
following:
Council Report: AEG Amplified Sound Permit Application Page 2
1.1. Comments by the public.
1.2. Necessity of the permit for the cultural, historical or social benefit of the community.
1.3. Proximity of the proposed location to residential neighborhoods.
1.4. Proposed direction of sound projection.
1.5. Screening of sound from neighboring properties.
1.6. Compatibility with other uses and activities in the vicinity.
The Town Council may prescribe any conditions or requirements deemed necessary to minimize
adverse effects upon the community or surrounding neighborhood.
Attachments:
Permit Application for Outdoors Use of Amplified Sound System
Diagram of Event in Nottingham Park showing amplified sound projections
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Danita Dempsey, Director of Festivals & Special Events
Meeting Date: February 14, 2017
Agenda Topic: Action on Ad Hoc Special Events Committee’s Recommendations for
2017 Free Events
ACTION BEFORE COUNCIL
To review and approve [approve with changes or deny] the Ad Hoc Special Events Committee’s
Recommendations for 2017 Free Events and recommended funding request of $53,619.
PROPOSED MOTION
I move to approve [approve with changes or deny] the Ad Hoc Special Events Committee’s
Recommendations for 2017 Free Events and appropriate funding of $53,619 from the 2017 General
Fund Special Events Assigned Fund Balance.
AD HOC SPECIAL EVENTS COMMITTEE’S RECOMMENDATION FOR 2017 FREE EVENTS & FUNDING
On February 1, 2017, the Ad Hoc Special Events Committee reviewed certain proposed 2017 free
summer events, which are listed in the attached Meeting Summary (See Exhibit A). From this review
the Committee recommended the following events be scheduled and provided funding. If these
special events are funded, as recommended, the General Fund Special Events Reserve will have a
remaining balance of $70,212, for additional events this year.
July 3rd Music Recommendation: It is noted the Committee quickly agreed live music should be
performed on July 3rd, as part of the Salute to the USA program. The genre of music was debated for
EVENT & LOCATION DATES & TIMES FUNDING*
SIX (6) POP UP PERFORMANCES:
STRING AND/OR BRASS QUARTETS
MAIN STREET MALL - PRODUCED BY THE TOWN OF AVON
JULY 7, 14, 21, 28 &
AUGUST 4, 11
5:15 - 6:45 PM
$8,619
SYMPHONY ORCHESTRA "POPS" PERFORMANCE
AVON PAVILION - PRODUCED BY THE TOWN OF AVON
SALUTE TO THE USA
JULY 3RD
7:00 - 8: 30 PM
$20,000
DANCING IN THE PARK: WONDERBOUND DANCE COMPANY
AVON PAVILION - PRODUCED BY VIDF
AUGUST 9
6:00 PM $25,000
$53,619
GENERAL FUND SPECIAL EVENTS RESERVE BALANCE $123,831
$70,212
* In-kind provided by the Town of Avon
TOTAL FUNDING RECOMMENDATION
GENERAL FUND SPECIAL EVENTS RESERVE BALANCE, IF EVENTS APPROVED
RECOMMENDED SPECIAL EVENTS
Page 2 of 2
some time, when considering the demographics of the audience and that it is a prominent family
event. Having one symphony evening in 2017, on July 3rd, with a “Pops” theme was finally agreed
upon.
Pickleball Tournament Recommendation: The Committee also recommended the approval of the
Pickleball Tournament, with funding from the Recreation Department budget. Recreation Director
John Curutchet has confirmed monies, in an amount of $1,500, can be made available in the 2017
budget.
ATTACHMENT
Exhibit A – Ad Hoc Special Events Committee Meeting Summary, February 1, 2017
Ad Hoc Special Events Committee: 2.1.17 Meeting Summary
Page 1 of 2
EXHIBIT A
Ad Hoc Special Events Committee Meeting
February 1, 2017 – 5:30 p.m. to 8:45 p.m.
Meeting Summary
Prepared by Danita Dempsey, Director of Festivals and Special Events
Committee Members in Attendance:
• Bobby Bank
• Tom Butz
• Chris Cofelice
• Jaime Fisher
• Mac Garnsey
• Derek George
• Tim Haley
• Lisa Mattis
• Dennis McMahon
• Kathy Ryan
• Ruth Stanley
Not in Attendance:
• David Courtney
• Trevor Davis
• Trevor Spinks*
• Pedro Campos*
* Provided an email with feedback on agenda
items and/or votes on the event funding; votes
were included in Committee voting
recommendations
Town Council Members in Attendance:
• Councilor Jake Wolf
• Councilor Megan Burch
Town Staff in Attendance:
• Town Manager Virginia Egger
• Director Festivals & Special Event
Danita Dempsey
Committee Recommendations:
The Committee reviewed requests by Town staff to fund certain free events for Town Council
consideration on February 14, 2017. The results are as follows:
Pop Up Performances – Recommend approval of all dates and funding
Event Date (s) # of Events Cash Funding In Favor Against
July 7, 14, 21, 28 4 $5,746 11 1
Aug. 4, 11 2 $2,873 11 1
Pop Up Anything – Did not recommend funding for these events
Event Date (s) # of Events Cash Funding In Favor Against
June – Sept.; 2
per month
8 $2,000 5 7
Pickleball Tournament – Recommended funding be from the Recreation Department budget
Event Date (s) # of Events Cash Funding In Favor Against
Summer 1 $1,500 1 11
Ad Hoc Special Events Committee: 2.1.17 Meeting Summary
Page 2 of 2
Symphony Orchestra – Recommended one symphony performance, instead of two, and should be on
July 3rd
Event Date (s) # of Events Cash Funding In Favor Against
July 3rd 1 $20,000 12 0
Dancing in the Park – Recommended approval
Event Date (s) # of Events Cash Funding In Favor Abstain
August 9 1 $25,000 11 1
Family Movie Night – Did not recommend approval for these events
Event Date (s) # of Events Cash Funding In Favor Against
Aug. 4, 17, 24,
31
4 $2,100 3 9
Salute to the USA Music – Recommended music be added to the event
• The group unanimously recommended live music should be programmed during the event
and that it should be a symphony orchestra “Pops” performance. Funding of $20,000 is
recommended for the symphony.
Direction to Town Staff from the Committee:
• Create event listings in calendar form
• Post Ad Hoc Special Event Committee meeting notices on the Town calendar on the website
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Date: February 14, 2017
Agenda Topic: First Reading Ordinance 17-03, Amending Avon Municipal Code Sections 5.12.080, 090, 110, and 120
Concerning Vehicle Impoundment
ACTION BEFORE COUNCIL:
Before Council is a vote on First Reading of Ordinance 17-03, which, if approved through two readings, will amend
sections of the Avon Municipal Code concerning vehicle impoundment and immobilization.
PROPOSED MOTION:
“I move to approve [approved with changes or deny] Ordinance 17-03, Amending Avon Municipal Code Sections
5.12.080, 090, 110, and 120 Concerning Vehicle Impoundment.”
OVERVIEW:
In recent months, there has been a rise in complaints from patrons of private parking lots and businesses near these
lots regarding the use of vehicle immobilization devices, or “boots,” particularly in the Avon Town core.
BACKGROUND:
On June 14, 2016, Ordinance 16-11 was presented to Council to amend sections of the Avon Municipal Code
concerning vehicle impoundment and immobilization. Council tabled the item and provided direction to Town staff
to research the processes of vehicle impoundment and immobilization, and regulations for private booting
companies in several other municipalities. Additionally, staff was directed to conduct outreach to local businesses
and commercial property owners that contract with booting and/or towing companies, to gauge opinion and
sentiments on the issue.
Council convened in work sessions on August 9, 2016, and September 27, 2016, to review booting practices in Avon
and for Town staff to present the outreach and research that have been conducted on the subject.
Outreach
Three rounds of community outreach have been completed regarding vehicle immobilization procedures in Avon,
particularly in the Town core. Prior to the August 9, 2016, Town Council meeting, Master Police Officer Chris Peck
visited with a variety of business proprietors and property managers to survey their responses to a number of
questions. Owners or managers of the following businesses were interviewed: Bob’s Place, Venture Sports, Avon
Bakery, Beaver Liquors, Treasures Quality Consignments, High Gear Cyclery, Loaded Joe’s, Montana’s Smokehouse
and Pazzo’s Pizzeria. In addition, property managers for Avon Center and Aspens Mobile Home Village were
surveyed. A summary of their responses in included in Attachment 2.
In preparation for the September 27, 2016 Town Council meeting, a memorandum, attached as Attachment 3, was
prepared and distributed to commercial property owners, retailers and lodge representatives to provide them a
summary of the issue, potential options to address the issue, and Town staff’s recommended solution. They were
asked to submit their feedback in writing to Town staff. All submittals have been collated and attached as
Attachment 4.
In preparation for the February 14, 2017 Town Council meeting, Avon PD, throughout the month of January,
conducted an anonymous survey on individuals who had been booted by either AAA Booting or AT (Affordable
Towing) Booting. The survey was conducted by picking random subjects, whose vehicles had been booted, dating
back six months ago. Attachment 5 is a memorandum from Sergeant Matt Jamison that summarizes the results of
the survey. The attachment also includes the individual responses to the survey.
Research
Staff was directed to conduct research on the processes of vehicle impoundment and immobilization, and
regulations for private booting companies in several other municipalities. Staff researched the municipal codes and
contacted representatives of the towns of Breckenridge and Vail and the city of Aspen. This research has been
attached as Attachment 6.
Direction to Town Staff
At the September 27, 2016 Town Council meeting, staff presented several options for consideration by Council.
Council ultimately provided direction to Town staff to retain the regulations as currently in place with certain
changes to address booting in residential and commercial areas of Avon, as provided in bulleted list below. Eric Heil,
Town Attorney, has provided legal counsel on the one-hour grace period amendment that was proposed at the
September 27, 2016 work session, and found that the Town cannot legally require private property owners to make
their property available for public parking for any duration.
Ordinance 17-03, if approved, will enact the following amendments:
• Permit payment by credit card in addition to payment by cash.
• Clarify grounds for finding a lack of “moral character” that would justify suspending or revoking a
license.
• Change the standard to uphold a vehicle immobilization from “probable cause” to actual violation of
parking rules and compliance with all vehicle impoundment rules.
• Change the minimum hearing cost from $100 to an amount to be determined by the municipal court.
• Permit the municipal court discretion to reverse or reduce an immobilization fee.
Judge Buck Allen Recommendation
Since the last work session, Judge Buck Allen has offered a recommendation to repeal the immobilization (booting)
regulations established by Ordinance 09-10. Oversight and due process for parking enforcement companies that
boot within the Town of Avon would be eliminated. Judge Buck will be present at Tuesday’s meeting. He feels that
elimination of the regulations will be consistent with other entities in Eagle County and will shift the problem of
boots to the property owners instead of the Town. If Council desires to repeal the booting regulations, the proposed
motion is: “I move to direct Town staff to prepare an ordinance repealing private enforcement company booting
regulations.”
If Council does not elect to do away with the regulations, he has also offered a recommendation to include the
following amendment: “The owner of a vehicle shall first contact the owner of the property, or owner’s agent, by e-
mail or other means to request reversal or reduction of the immobilization fee. The parking enforcement company
shall provide the e-mail address and telephone number of the property owner or property owner’s agent, who shall
not be anyone employed by or affiliated with the parking enforcement company.”
Please note that the preceding amendment has been included in Ordinance 17-03.
OPTIONS:
Several options are outlined below:
Option 1 – Revise the booting regulations per proposed Ordinance 17-03
Option 2 – Repeal the booting regulations established by Ordinance 09-10
Option 3 – Retain the booting regulations pertaining to licensing but eliminate the booting regulations
pertaining to post seizure administrative hearing
ATTACHMENTS:
Attachment 1 – Ordinance 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, and 120 Concerning
Vehicle Impoundment
Attachment 2 –Survey of Business Owners and Property Managers
Attachment 3 – Memorandum: Vehicle Immobilization Devices 9/15/2016
Attachment 4 – Submitted Feedback
Attachment 5 – Avon PD Booting Survey Memorandum and Individual Survey Responses
Attachment 6 – Staff Research
TOWN OF AVON, COLORADO
ORDINANCE 17-03 AMENDING AVON MUNICIPAL CODE SECTIONS 5.12.080, 090, 110, AND 120 CONCERNING VEHICLE IMPOUNDMENT
WHEREAS, the Avon Town Council adopted Ordinance No. 09-10 and Ordinance No. 10-11 which enacted and amended regulations concerning booting of vehicles on private property
and the Town of Avon recently reviewed various aspects of existing booting regulations to
determine if amendments would improve the effectiveness of booting regulations; and
WHEREAS, the use of booting by private parking enforcement companies is not currently
regulated by the State of Colorado and the District Attorney for the Fifth Judicial District in the State of Colorado has issued an advisory opinion that booting of a vehicle by a private party
without the consent of the vehicle owner constitutes Second Degree Criminal Tampering
pursuant to C.R.S. §18-4-506 and criminal motor vehicle tampering pursuant to C.R.S. §42-5-03;
and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (the “Town”), the Town Council has the power to adopt ordinances
for promotion and preservation of public health, safety, and welfare, including the authority to
regulate parking enforcement companies that immobilize and boot motor vehicles without the
consent of the owner of the motor vehicle within the municipal limits of the Town; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THERFORE, 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 Avon Municipal Code Section 5.12.080, 090, 110 and 120. Avon Municipal Code Sections 5.12.080, 090, 110 and 120 are hereby amended, with strike out
indicating words which are deleted and underline indicating words which are added, to read as
set forth in Exhibit A: Amendments to Avon Municipal Code Sections 5.12.080, 090, 110 and 120, attached hereto.
ATTACHMENT 1
Ord 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, AND 120 Concerning Vehicle Impoundment FIRST READING – February 14, 2017 Page 1 of 3
Section 3. Codification Amendments. 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 typographical 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 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 (30) 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. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Ord 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, AND 120 Concerning Vehicle Impoundment FIRST READING – February 14, 2017 Page 2 of 3
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 14, 2017 and setting such public hearing for February 28, 2017 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on February 28, 2017.
BY: ATTEST: ____________________________ ____________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
APPROVED AS TO FORM:
____________________________
Eric J. Heil, Town Attorney
Ord 17-03 Amending Avon Municipal Code Sections 5.12.080, 090, 110, AND 120 Concerning Vehicle Impoundment FIRST READING – February 14, 2017 Page 3 of 3
EXHIBIT A: AMENDMENTS TO AVON MUNICIPAL CODE SECTIONS 5.12.080, 090, 110 AND 120.
5.12.080 - Rules and regulations.
The Chief shall, within seven (7) days after the enactment of the ordinance codified in this Chapter, set
forth in writing such rules and regulations governing the conduct of wreckers or parking enforcement
companies as are deemed necessary to ensure the inhabitants of and other persons within the Town safe,
efficient and dependable towing or parking enforcement service. These rules shall include, but not be
limited to, the following:
(1) Equipment. The Chief shall specify equipment at least the equivalent of that required by the rules
and regulations of the Colorado Public Utilities Commission governing towing carriers for
wreckers and such other necessary equipment as determined by the Chief. Parking enforcement
company vehicles are required to be clearly marked with the business name and Avon license
number and must have a blinking amber light on the top of or above the vehicle when engaged in
booting operations, and the operators are required to wear reflective traffic safety vests.
(2) Records. The Chief shall require sufficient recordkeeping to ensure compliance with the terms of
this Chapter and the rules and regulations as promulgated.
(3) Personnel. The rules shall specify such steps as are necessary to determine that the operators
and employees of the wrecker or parking enforcement company are of good character and
otherwise fit to participate in towing or booting operations within the Town, which shall be
determined according to the same standards for applicants set forth in Section 5.12.030 above.
Employees engaged in parking enforcement shall display a picture identification card containing:
the employee's picture, the employee's name, the employer's name and the Avon business
license number.
(4) Rates. Rates shall be determined by the following procedures and requirements:
a. A schedule of reasonable rates to be charged by wreckers operating on the Town's towing
list shall be established by the Town Manager, and it is unlawful for any wrecker to charge
rates other than as set forth in said schedule whenever such wrecker provides towing
service in response to a call from the Police Department. The schedule of rates shall be set
forth as a part of the rules and regulations governing wreckers, provided that such rates
shall not be less than the permissible rates published by the Public Utilities Commission as
may be amended from time to time. The Town Manager shall annually review the rate
schedule to determine its adequacy and appropriateness and shall make such changes as
he or she deems necessary. In setting or revising rates, the Town Manager shall give
consideration to the rates charged for similar services in the County. The rate schedule as
set forth in the rules and regulations shall not apply to towing services conducted by a
wrecker when his or her services are not rendered as a result of a request by the Police
Department.
b. A wrecker shall not charge rates higher than what is allowed by the Colorado Public Utilities
Commission for nonconsensual tows. A parking enforcement company shall not charge a
boot removal fee higher than seventy-five percent (75%) of the rate allowed by the Colorado
Public Utilities Commission for the nonconsensual tow of a motor vehicle with a GVWR of
less than ten thousand (10,000) pounds when requested to remove the boot.
Page 1 of 5
c. If the owner, authorized operator or authorized agent of the owner of a motor vehicle that is
parked without the authorization of the property owner attempts to retrieve the motor vehicle
while the wrecker or booting operator is still with the vehicle, a "drop charge" shall not be
higher than what is established by the Colorado Public Utilities Commission.
d. There shall not be any boot removal fee assessed if the boot cannot be removed within
ninety (90) minutes from the time of the request for removal by the vehicle owner or vehicle
owner's designee. Any dispute regarding the time frame proscribed herein may be refuted
based on the phone records for the parking enforcement company. A boot applied at the
direction of a Town police officer shall be released at the direction of a Town police officer.
e. The parking enforcement company shall accept payment by credit card for the boot removal
fee, in addition to accepting payment in cash. The parking enforcement company shall
obtain, carry and maintain in working order such portable credit card payment equipment as
may be necessary to accept payment by credit card at the location of the placement and
removal of a boot.
(5) Authority of Chief. The Chief shall from time to time formulate, publish and promulgate such other
rules and regulations as are reasonably necessary to effectuate the purpose of this Chapter, including but
not limited to the type of security required at the vehicle storage location, the hours during which the vehicle
storage location will be open for the redemption of vehicles by their owners, the persons to whom towed
vehicles may be released and the procedures to be followed in connection with the release of towed
vehicles and the payment of fines, towing fees and storage charges. Any rules and regulations promulgated
by the Chief shall not conflict with or materially change any provision of this Chapter. The Chief may initiate
a request for proposal and select a designated wrecker service or parking enforcement company to provide
service for police-requested impounds. The Chief shall post notice of any proposed rules in the official
places of posting notices adopted by the Town, shall post notice on the Town's website and shall mail
notice to all licensed wrecking and parking enforcement companies at least twenty (20) days prior to
adoption of such proposed rule or regulation by the Chief, and the Chief shall consider all comments
received on the proposed rules and regulations prior to taking any action to adopt the proposed rules and
regulations. The Chief shall provide written notice of adoption of any rules and regulations to all persons
who provide comments in writing, along with a copy of the adopted rules or regulations and a statement
that persons with standing (defined as residents, property owners or business owners in Avon) may appeal
the decision to adopt the rule or regulation to the Town Council. Any person with standing may appeal the
decision of the Chief to adopt a rule or regulation by providing a request to appeal the decision in writing to
the Town Clerk within ten (10) days of the date of adoption of the rule or regulation by the Chief. Failure to
provide a request (defined as received by the Town) to appeal a rule or regulation adopted by the Chief
within ten (10) days shall be deemed a forfeiture and waiver of all rights to appeal such decision to the
Town Council. The Town Council shall consider all appeals of the decision of the Chief to adopt a rule or
regulation which are properly and timely provided to the Town, and the Town Council's action shall be final.
During the pendency of an appeal, the proposed rule or regulation shall not take effect.
5.12.090 - Suspension or revocation—procedure.
Page 2 of 5
Upon a showing that a wrecker or parking enforcement company has violated the provisions of this
Chapter, a Hearing Officer's order or the rules and regulations provided for in Section 5.12.080 above, the
Town Council may suspend for a period of up to six (6) months or revoke the license of any wrecker or
parking enforcement company. Prior to taking any action to suspend or revoke a wrecker or parking
enforcement company license, the Town shall provide at least ten (10) days' prior written notice to the
licensee stating the grounds and allegations for any action to suspend or revoke a license, and the Town
Council shall conduct a hearing thereon. Service of the notice shall be by personal service upon the
wrecker or parking enforcement company or his or her agent or by certified mail, return receipt requested,
sent to the business address of the operator as shown on his or her license. A decision to suspend or
revoke the license shall be based on a finding of violation of the provisions of this Chapter, including non-
compliance with the minimum requirements in Section 5.12.030, or a finding that the owner, operator or an
employee of a parking enforcement company has exhibited a lack of moral character, including but not
limited to acts of hostility, intimidation or deceit in the conduct of the parking enforcement company
operations; or conviction of a felony. The decision of the Town Council shall be final.
5.12.110 - Written notice of tow/immobilization—rates and hours.
(a) Notwithstanding any other provision of this Chapter, a licensed wrecker shall receive a written
authorization from the person authorizing a tow prior to the commencement of a tow originating within
the Town, which authorization shall list the services offered and the rates and charges required
therefor. A copy of such authorization shall be furnished to the person authorizing the tow. Such copy
shall list the name, address and telephone number of the wrecker's business and the days and hours
the business is open for the release of vehicles. Such copy shall also be signed by the towing vehicle
operator performing the authorized service.
(b) After a boot is placed on any vehicle, the parking enforcement company shall:
(1) Provide a notice affixed to the vehicle in a conspicuous and obvious manner containing the
name, address, telephone number and license number of the parking enforcement company that
placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot
removed within ninety (90) minutes of contacting the parking enforcement company, the name
and telephone number of the property owner or manager authorizing the boot, the signature of
the parking enforcement company operator or designee and a description of the right to request a
post-seizure hearing under this Chapter;
(2) Maintain personnel authorized to remove any boot and release any vehicle to its owner or driver
upon the payment of any boot removal fee during such times as required in this Chapter; and
(3) Accept payment by cash or by credit card; and
(3)(4) Provide a receipt upon payment to the individual making the payment for removal of the
boot or release of the vehicle, listing the fees and advisement of the right to request a post-
seizure hearing for vehicle immobilization per Section 5.12.120 below.
(c) A parking enforcement company or wrecker shall not charge fees in excess of the fees as listed in the
fee schedule for booting or towing a vehicle.
(d) A parking enforcement company or wrecker shall not charge any fee related to the impoundment of a
vehicle that is not listed in the fee schedule.
(e) Charges for damages to booting equipment shall not be governed by this Section and shall not
prevent the vehicle's release if scheduled fees are satisfied. Damages or loss to parking enforcement
Page 3 of 5
equipment will be investigated using other municipal and state statutes related to theft or criminal
injury to property.
(f) The Town is authorized to audit the fees charged by a parking enforcement company or wrecker
licensed to do business in the Town upon reasonable notice and at reasonable times for the purpose
of verifying compliance with this Chapter.
5.12.120 - Post-seizure hearing.
(a) The owner of a vehicle that has been immobilized pursuant to this Chapter has a right to a "post-
seizure" administrative hearing in accordance with this Section to determine whether there was
probable cause to impound the vehiclethe vehicle owner violated the parking rules and regulations
and whether the parking enforcement company complied with all applicable rules and regulations.
(1) (1) The owner of a vehicle shall first contact the owner of the property, or owner’s agent, by e-
mail or other means to request reversal or reduction of the immobilization fee. The parking
enforcement company shall provide the e-mail address and telephone number of the property
owner or property owner’s agent, who shall not be anyone employed by or affiliated with the
parking enforcement company.
(1)(2) The hearing shall be petitioned and conducted in the same manner as outlined in Title 10
of this Code.
(2)(3) The parking enforcement company shall have the burden to establish that there was
probable cause to impound or immobilize a violation of the vehicleparking rules and regulations
and that the parking enforcement company complied with all applicable rules and regulations.
(3)(4) (3) The losing party shallmay be assessed a minimum hearing cost of one hundred
dollars ($100.00) and shallcosts as determined by the municipal court and may be required to
pay for translation services, if used during the hearing. The Hearing Officer has the discretion to
waive court costs.
(5) The municipal court may reverse or reduce the immobilization fee in the court’s discretion
depending upon the circumstances. The parking enforcement company shall have five (5) days
from the decision of the municipal court to refund any immobilization fee that is reversed or
reduced by the municipal court.
(b) When a vehicle is immobilized by a parking enforcement company, the vehicle owner or driver shall be
informed of his or her right to a post-seizure hearing with the following written statement:
"The vehicle was booted by the property owner for a private property parking violation as outlined
in Avon Municipal Code, Title 5. The Town of Avon was not involved in the action. The owner or
operator of the vehicle may request a hearing by one of the following methods:
"(1) By providing a written request to the Municipal Court Clerk for a post-seizure hearing to
contest the booting within ten (10) days of the date the vehicle was booted; or
"(2) By appearing in person at the Municipal Court within a ten-calendar-day period from the
date on which the boot was placed on the vehicle and requesting an initial appearance before a
Hearing Officer." .
The vehicle owner or operator must first contact the parking lot property owner, or property
owner’s agent, to request reversal or reduction of the immobilization fee. The parking
Page 4 of 5
enforcement company shall provide the e-mail and telephone number for the property owner or
property owner’s agent. The losing party may be assessed hearing costs as determined by the
municipal court. The immobilization fee may be reduced or reversed in its entirety by the
municipal court”
Page 5 of 5
ATTACHMENT 2
August 9, 2016 Work Session
Survey of Business Owners and Property Managers
Question – How do you feel about the current municipal ordinance regarding regulations for
private booting companies?
Generally speaking, respondents were supportive of booting as a mechanism for parking
enforcement but some respondents had an issue with the practices of one booting company in
particular and how that company operates. Respondents commented that this company is “too
strict” and at times booting is not executed with “common sense”. One property manager, who
referenced the same booting company, supported the practices and believed that at times,
violators are not truthful regarding their intent. The property manager stated that the property
restricts parking only to those patronizing the businesses on the property.
Question – Can you recommend any better practices in which the Town of Avon can handle
booting?
There was a mixture of responses. Proposals from respondents included parking meters, more free
on-street parking and a grace period before a vehicle is booted.
Question – How have you or your business been affected by booting on private commercial
property?
Respondents explained the negative impacts on customers and further explained the detrimental
effects on the businesses as sometimes customers will not patronize a business because of a 2-
hour restricted use in the private parking lot. One business owner stated that some employees
have been booted, while another complained that legitimate customers have been booted when
they walked across the street to another business. Other complaints included that there is no
parking for sales representatives and businesses have lost customers because of booting.
Question – Do you think the municipal ordinance regarding regulations for private booting
companies should be repealed or modified?
The majority of responses included recommendations to modify the ordinance as opposed to
repealing the ordinance entirely. Some of the recommended modifications included to allow a
grace period, with one recommending up to four hours before booting.
MEMORANDUM
To: Interested Parties
Date: September 15, 2016
Topic: Vehicle Immobilization Devices
OVERVIEW:
In recent months, there has been a rise in complaints from patrons of private parking lots and
businesses near these lots regarding the use of vehicle immobilization devices, or “boots,” particularly
in the Avon Town core. The purpose of this memorandum is to provide you, other retailers and lodge
representatives and our registered booting companies a summary of the issue, potential options to
address the issue, and Town staff’s recommended solution.
We are seeking your feedback prior to finalizing a recommendation to Town Council. Please take the
time to review the options and let us know your preference. Feel welcome to modify the option as you
may desire. We appreciate receiving your input by not later than September 21, 2016. Town staff will be
completing a report to the Town Council not later than September 23rd for their discussion on the
evening of September 27th. Please email your responses to pneill@avon.org or drop off a completed
copy of this document to the reception window at Town Hall, located at 1 Lake Street.
SUMMARY:
On June 14, 2016, Ordinance 16-11 was presented to Council to amend sections of the Avon Municipal
Code concerning vehicle impoundment and immobilization. Council tabled the item and provided
direction to Town staff to research the processes of vehicle impoundment and immobilization, and
regulations for private booting companies in several other municipalities. Additionally, staff was
directed to conduct outreach to local businesses and commercial property owners that contract with
booting and/or towing companies, to gauge opinion and sentiments on the issue.
On August 9, 2016, Council convened in a work session to review booting practices in Avon and
comparable Colorado municipalities. Town staff presented the outreach and research that has been
conducted on the subject. Summaries of the outreach and research are provided below.
Outreach
The Avon Police Department has completed community outreach regarding vehicle immobilization
procedures in Avon, particularly in the Town core. Master Police Officer Chris Peck visited with a
variety of business proprietors and property managers to survey their responses to a number of
questions. Owners or managers of the following businesses were interviewed: Bob’s Place, Venture
Sports, Avon Bakery, Beaver Liquors, Treasures Quality Consignments, High Gear Cyclery, Loaded
Joe’s, Montana’s Smokehouse and Pazzo’s Pizzeria. In addition, property managers for Avon Center
and Aspens Mobile Home Village were surveyed. A summary of their responses is included in the
August 9, 2016 Town Council meeting packet.
Research
As previously mentioned, staff was directed to conduct research on the processes of vehicle
impoundment and immobilization, and regulations for private booting companies in several other
municipalities. Staff researched the municipal codes and contacted representatives of the towns of
Breckenridge and Vail and the city of Aspen.
Aspen –
The City of Aspen has not enacted any regulations for private booting companies. According to
a representative with the Aspen Police Department, they rarely, if ever, have any issues
regarding booting companies. It was emphasized that a booting issue would be between the
property owner and the owner of the booted vehicle.
Breckenridge –
The Town of Breckenridge has not enacted any regulations for private booting companies. A
sergeant with the Breckenridge Police Department, who oversees parking enforcement, said
she has never encountered an issue related to booting. She explained that there are a couple
of businesses that boot vehicles themselves if vehicles are parked illegally. They leave the boot
on the vehicles until a tow truck company arrives. Those businesses that apply boots
themselves rarely have to do it and their private parking lots are well-signed.
Vail –
The Town of Vail recently adopted an ordinance amending the Vail Town Code related to the
private use of vehicle immobilizers. More specifically, no person in Vail is allowed to place a
boot on any motor vehicle, except under the following circumstances:
1. The person is directed by a law enforcement officer to place a boot on the motor
vehicle;
2. The person is a law enforcement officer authorized to place the boot on the motor
vehicle;
3. The owner, authorized operator, or authorized agent of the owner of the motor
vehicle requested that the boot be placed on the motor vehicle; or
4. The person placing the boot is a property owner who owns the boot and complies with
the following:
a. Affixes a notice to the motor vehicle in a conspicuous and obvious manner
containing the name, address and telephone number of the person who placed the
boot on the motor vehicle, the amount of the boot removal fee and the right to
have the boot removed upon payment of the boot removal fee; and
b. Maintains personnel able to remove the boot and release the vehicle to its owner
or authorized operator upon the payment of a boot removal fee, with such
personnel available twenty-four (24) hours per day, seven (7) days per week.
If a boot is placed on a motor vehicle at the direction of a law enforcement officer, the person
placing the boot shall:
1. Affix a notice to the motor vehicle in a conspicuous and obvious manner containing the
name, address and telephone number of the person who placed the boot on the
motor vehicle, the amount of the boot removal fee, the right to have the boot
removed within ninety (90) minutes of contacting the Police Department, the
signature of the person who placed the boot, and an advisement of the right to
request a post seizure hearing for vehicle impoundment;
2. Maintain personnel authorized to remove the boot and release any motor vehicle to its
owner or driver upon the payment of any boot removal fee; and
3. Provide a receipt upon payment, listing the fees charged and advisement of the right
to request a post-seizure hearing for vehicle impoundment.
OPTIONS:
From the work of the past several months, four options are being considered and are outlined below.
I. OPTION ONE
Repeal the immobilization (booting) regulations established by Ordinance 09-10. Oversight and
due process for parking enforcement companies that boot within the Town of Avon would be
eliminated.
II. OPTION TWO
Outlaw the practice of booting within the Town of Avon.
III. OPTION THREE
Implement the Town of Vail program as summarized above
IV. OPTION FOUR
Retain the regulations as currently in place with certain changes to address booting in
residential and commercial areas of Avon, as provided below. New code changes are noted.
RESIDENTIAL
Maintain current regulations:
As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement
company desiring to boot vehicles within the Town may engage in booting operations
without first having obtained a license from the Town Clerk.
Parking enforcement companies must supply logs of the boots they have applied to
the Avon Police Department on a monthly basis.
Parking enforcement companies must supply their contracts with property owners to
the Avon Police Department.
Amend regulations to include the following:
Permit payment by credit card in addition to payment by cash.
Clarify grounds for finding a lack of “moral character” that would justify suspending or
revoking a license.
Change the standard to uphold a vehicle immobilization from “probable cause” to
actual violation of parking rules and compliance with all vehicle impoundment rules.
Change the minimum hearing cost from $100 to an amount to be determined by the
municipal court.
Permit the municipal court discretion to reverse or reduce an immobilization fee.
COMMERCIAL
Maintain current regulations:
As identified in section 5.12.020 of the Avon Municipal Code, no parking enforcement
company desiring to boot vehicles within the Town may engage in booting operations
without first having obtained a license from the Town Clerk.
Parking enforcement companies must supply logs of the boots they have applied to
the Avon Police Department on a monthly basis.
Parking enforcement companies must supply their contracts with property owners to
the Avon Police Department.
Require commercial private parking lots that utilize licensed parking enforcement
companies to be adequately signed that illegally parked cars will be immobilized.
Require parking enforcement companies to remove the boot within ninety (90)
minutes upon payment of the boot removal fee.
Amend regulations to include the following:
Permit payment by credit card in addition to payment by cash.
Clarify grounds for finding a lack of “moral character” that would justify suspending or
revoking a license.
Change the standard to uphold a vehicle immobilization from “probable cause” to
actual violation of parking rules and compliance with all vehicle impoundment rules.
Change the minimum hearing cost from $100 to an amount to be determined by the
municipal court.
Permit the municipal court discretion to reverse or reduce an immobilization fee.
Implement a one (1) hour grace period that prevents a parking enforcement company
from immobilizing a vehicle until after the one hour mark. If the one hour mark is
reached and the parking enforcement company, after documenting the violation by
chalking a tire on the vehicle and taking photographs, believes the driver of the vehicle
did not patronize any businesses on the property, the vehicle may be immobilized.
If commercial property owner desires, at the owner’s expense, implement a validation
system in order to give patrons the ability to prove patronization of a business
associated with a particular private parking lot. If commercial property owners elect to
implement such a system, it must identified in the contract with a parking enforcement
company.
NAME OF RESPONDENT: ____________________________________________
NAME OF BUSINESS: _______________________________________________
PREFERRED OPTION #: _____
COMMENTS: _____________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________________________________________
________________________________________________________________________
AVON POLICE DEPARTMENT
INTEROFFICE MEMO
TO: Chief Greg Daly
FROM: Sergeant Matt Jamison
DATE: February 03, 2017
SUBJECT: Booting Company Survey
Overview
Through the month of January the Avon Police Department conducted an anonymous survey on
individuals who had been booted by either AAA Booting or AT (Affordable Towing) Booting. The
survey was conducted by picking random subjects, whose vehicles had been booted, dating back 6
months ago. Just over 60 phone calls were made, a little over 30 from AAA Booting as well as a little over 30 from AT Booting. Successful contact was made with a total of 14 subjects who had been
booted, 7 by AAA Booting and 7 by AT Booting.
The subjects were asked the following yes or no questions about the booting company:
Vehicle is clearly marked with business name and license number
Vehicle has a blinking amber light when engaged in booting operations
Operator is wearing a reflective traffic safety vest/ jacket
Operator is displaying a picture identification card containing employee picture, employee
name, employer name, and Avon business license number
How would you rate your overall experience and interaction with the employee of the booting company (use 1 for extremely bad and 10 for extremely good). The subjects were also able to provide additional comment if they wanted (see attached survey’s).
The first 4 questions are directly in correlation of the Town Avon’s Booting Ordinance.
AAA Booting Results
Vehicle is clearly marked with business name and license number (Yes = 1 of 7) (No = 3 of 7)
(Unknown = 3 of 7)
Vehicle has a blinking amber light when engaged in booting operations (Yes = 6 of 7) (No = 1
of 7) (Unknown = 0 of 7)
Operator is wearing a reflective traffic safety vest/ jacket (Yes = 6 of 7) (No = 1 of 7)
(Unknown = 0 of 7)
Operator is displaying a picture identification card containing employee picture, employee
name, employer name, and Avon business license number (Yes = 1 of 7) (No = 5 of 7)
(Unknown = 1 of 7)
How would you rate your overall experience and interaction with the employee of the booting
company (Average = 4 out of 10)
AT Booting
Vehicle is clearly marked with business name and license number (Yes = 0 of 7) (No = 4 of 7)
(Unknown = 3 of 7)
Vehicle has a blinking amber light when engaged in booting operations (Yes = 1 of 7) (No = 2
of 7) (Unknown = 4 of 7)
Operator is wearing a reflective traffic safety vest/ jacket (Yes = 1 of 7) (No = 2 of 7)
(Unknown = 4 of 7)
Operator is displaying a picture identification card containing employee picture, employee
name, employer name, and Avon business license number (Yes = 1 of 7) (No = 2 of 7)
(Unknown = 4 of 7)
How would you rate your overall experience and interaction with the employee of the booting
company (Average = 1.5 out of 10)
Feedback/Additional comments on AAA Booting
Subjects that were surveyed were overall down the middle on their overall experience. Comments
were made from multiple residents/customers/employees using The Seasons and The Lodge at
Avon. One subject that was booted was an employee who was working at Bob’s Place and consumed alcohol after their shift, leaving their vehicle overnight. Two subjects had parking passes
(either expired or not properly displayed) at The Seasons. One subject ran into The Seasons for 17
minutes for business-related purposes and did not know they could not park where they did. One
subject felt at the time there was not proper signage and the booting employees were “preying” on
individuals.
Feedback/Additional comments on AT Booting
Subjects that were surveyed were overall unsatisfied with their overall experience. Comments were made from multiple residents/guests of Buffalo Ridge Apartments, EagleBend Apartments, and Avon
Crossing. Most subjects were residents at the above places and found boots on their vehicles
because of improper parking permits displayed or not displayed at all. Two subjects were visiting a
friend and parked their vehicle at EagleBend/Buffalo Ridge and stayed overnight. They found boots
on their vehicles the next morning.
During the survey period, Avon Police Officers responded to one documented complaint for each
booting company. Both complaints are included with the individual survey responses.
ATTACHMENT 5
September 27, 2017 Work Session
Staff Research
Aspen –
The City of Aspen has not enacted any regulations for private booting companies. According
to a representative with the Aspen Police Department, they rarely, if ever, have any issues
regarding booting companies. It was emphasized that a booting issue would be between the
property owner and the owner of the booted vehicle.
Breckenridge –
The Town of Breckenridge has not enacted any regulations for private booting companies. A
sergeant with the Breckenridge Police Department, who oversees parking enforcement, said
she has never encountered an issue related to booting. She explained that there are a couple
of businesses that boot vehicles themselves if vehicles are parked illegally. They leave the
boot on the vehicles until a tow truck company arrives. Those businesses that apply boots
themselves rarely have to do it and their private parking lots are well-signed.
Vail –
The Town of Vail recently adopted an ordinance amending the Vail Town Code related to the
private use of vehicle immobilizers. More specifically, no person in Vail is allowed to place a
boot on any motor vehicle, except under the following circumstances:
1. The person is directed by a law enforcement officer to place a boot on the motor
vehicle;
2. The person is a law enforcement officer authorized to place the boot on the motor
vehicle;
3. The owner, authorized operator, or authorized agent of the owner of the motor
vehicle requested that the boot be placed on the motor vehicle; or
4. The person placing the boot is a property owner who owns the boot and complies
with the following:
a. Affixes a notice to the motor vehicle in a conspicuous and obvious manner
containing the name, address and telephone number of the person who placed
the boot on the motor vehicle, the amount of the boot removal fee and the right
to have the boot removed upon payment of the boot removal fee; and
b. Maintains personnel able to remove the boot and release the vehicle to its owner
or authorized operator upon the payment of a boot removal fee, with such
personnel available twenty-four (24) hours per day, seven (7) days per week.
If a boot is placed on a motor vehicle at the direction of a law enforcement officer, the
person placing the boot shall:
1. Affix a notice to the motor vehicle in a conspicuous and obvious manner containing
the name, address and telephone number of the person who placed the boot on the
motor vehicle, the amount of the boot removal fee, the right to have the boot
removed within ninety (90) minutes of contacting the Police Department, the
signature of the person who placed the boot, and an advisement of the right to
request a post seizure hearing for vehicle impoundment;
2. Maintain personnel authorized to remove the boot and release any motor vehicle to
its owner or driver upon the payment of any boot removal fee; and
3. Provide a receipt upon payment, listing the fees charged and advisement of the right
to request a post-seizure hearing for vehicle impoundment.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: February 14, 2017
Agenda Topic: Action on Resolution 17-03 Adopting the Town of Avon 2017-18 Strategic Plan Update
Please find attached proposed Resolution 17-03 Adopting the Town of Avon 2017-18 Strategic Plan
Update. The document is the culmination of your direction from the January 10, 2017, Work Session.
• At the Work Session, work items were added, advanced into Tier 1, and/or restated or
expanded. No items were removed.
• These changes are highlighted in yellow. Once Council adopts Resolution 17-03, the yellow
highlights will be removed prior to Mayor Jennie Fancher’s signature.
Already, certain Tier 1 projects or programs are being worked on by staff. Upon adoption, we will
review the two-year program, develop project approaches and recommend any budget changes, as
may be needed, to implement the 2017-18 Plan strategies.
Recommended Motion
Once Council has finalized its review and provided any modifications, the appropriate motion to be
considered is:
I move to approve Resolution 17-03 Adopting the Town of Avon 2017-18 Strategic Plan.
Attachment
Resolution 17-03 Adopting the Town of Avon 2017-18 Strategic Plan
RESOLUTION 17-03 ADOPTING THE TOWN OF AVON
2017-18 STRATEGIC PLAN UPDATE
WHEREAS, the Avon Town Council reviewed the Town of Avon 2017-18 Strategic Plan at its
January 10, 2017, Council meeting in order to discuss and update priorities, strategic work
and future direction for the Town over the next two years; and
WHEREAS, the Avon Town Council has set forth its direction in the attached Town of Avon
2017-18 Strategic Plan Update; and
WHEREAS, the Avon Town Council has reviewed this document at its regular Town Council
meeting on February 14, 2017, in order to provide opportunities for the public to comment
on the proposed vision and strategies; and
WHEREAS, the Town Council has committed to quarterly progress reviews of the Town of
Avon 2017-18 Strategic Plan, to evaluate success, and to consider any needed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, that the Avon Town Council adopts the attached Town of Avon 2017-18 Strategic
Plan Update, as a critical implementation tool to help guide the Town in achieving a
successful and vibrant vision for the growth and development of Avon.
ADOPTED AND APPROVED by the Avon Town Council this 14th day of February, 2017.
By: _________________________________ Attest: ___________________________
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
TOWN OF AVON
2017-2018
STRATEGIC PLAN UPDATE
Adopted by the Avon Town Council
Resolution 17-03, Series of 2017
February 14, 2017
Page2 Purpose of the Strategic Plan
The Strategic Plan is developed and adopted to guide decision-making and provide the structure for ensuring
investments and programs reflect Council priorities in achieving the vision and adopted plans of the Town of
Avon. This work of the Council has been done since 2013, when the Town’s first Strategic Plan was developed
and adopted at regular Council meetings, with meeting notice.
In July of 2015, the Town Council provided the opportunity for residents and businesses to identify the most
important issues in the Town through civic engagement outreach at open houses. The outreach was specific to
the development of a community survey, which was distributed to all residential households and businesses in
Avon on August 3, 2015. Results were presented to Council on September 22, 2015. The results have aided the
Council in identifying priorities over the next several years and have provided information as to other methods
to engage the public in the vision and strategic planning of the Town.
The Strategic Plan is updated each year to reflect dynamic change, as may be needed, and to present to the
Avon community the important work planned by the Town over the planning period.
• The following section presents the Strategic Plan Vision, which provides a dynamic overview describing
the way of life in Avon, the values the community holds and serves as a comprehensive statement
regarding the focus and directed outcomes of the Town’s work.
• From the Strategic Plan Vision, four key outcomes have been identified to set the prioritized work of the
Town. The four outcomes, with successes, challenges and strategies to achieve each vision are detailed,
resulting in a Strategic Plan.
Once the Strategic Plan is adopted, a budget is prepared to meet the multi-year program, followed by
each department submitting a business work plan to the Town Manager identifying the timing and
process for implementing each strategy. Progress on the work plans are monitored to ensure
outcomes are met.
Page2 2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page3
Strategic Plan Vision
“… To provide a high quality of life, today and in the future, for a diversity of people and interest,
and to promote their ability to live, work, visit and recreate in the community.”
TOWN OF AVON COMPREHENSIVE PLAN, REVISED MARCH - 2008
The Town of Avon, surrounded by natural beauty, is today a strong community, which will maintain a focus on
families and workers, and that will build on its strengths to become a nationally and internationally recognized
year-round mountain resort community. Committed to providing a high level of municipal services for our
citizens and visitors, and the stewardship of our natural resources, Avon will expand its cultural, recreational
and educational offerings in partnership with our broader community and regional public and private sector
agencies, thereby ensuring sustained economic vitality and a vibrant community experience.
Recent resort-oriented accommodations projects in Avon are of a higher standard than the Town attracted at
its founding and in its early years. It is this superior level of quality development that Avon believes will be its
comparative advantage in the future, and, therefore, will work to attract and promote these types of
developments by ensuring Town plans and incentives are constructed in a manner which provides the
development community clear and timely information; and by steadfastly maintaining a professional and
solution-oriented municipal business.
The Town will continue to value and support our full-time and part-time resident population by providing an
exceptional level of municipal services and by working to retain existing businesses as the Town seeks to
expand its retail and commercial base, while fostering our sense of community through both our spirit and the
built environment. The importance of vibrancy and activity within the Town will be supported by attracting an
array of new and diverse cultural and recreational events to Avon which are in concert with the values of our
community and serve to nurture a cohesive sense of place and public.
It is the Town of Avon’s elected officials and staff commitment to fiduciary responsibility, effectiveness and
efficiency in providing government services and a practiced belief in open and transparent governance that will
lead the successful implementation of this vision for the growth and development of Avon.Page3 2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page4 Page4 Strategic Plan Fiscal Years 2017-18
SUPPORT A STRONG COMMUNITY,
BUILDING ON STRENGTHS AS A YEAR-ROUND MOUNTAIN RESORT COMMUNITY
The Town will continue to value and support our community through a strong and diverse economy, attentive to
business retention and proactively partnering with the private sector to expand Avon’s retail and commercial base.
The Town’s commitment to planning for future growth; openness to new community development trends; and,
recognition of private property interests and the costs of doing business with the Town, sets forth a dynamic
relationship for the successful construction of the built environment and business growth.
RECENT SUCCESSES
MEDICAL OFFICE BUILDING TCO/CO - ELEMENTARY
SCHOOL STREET SAFETY IMPROVEMENTS -
DEVELOPMENT OF E/WBC BLVD WALKABILITY
DESIGN TEST & FINAL PLAN - WAYFINDING SIGNAGE -
BUS SHELTER CONSTRUCTION – MARKETING PLAN
COMPLETED – WILDRIDGE LOT SPLIT REGULATION
UPDATE
CURRENT CHALLENGES
SHORTAGE OF AFFORDABLE LOCAL HOUSING FOR
WORKERS & SENIORS - FEW HOUSING OWNERSHIP
OPPORTUNITIES - CHANGING DEMOGRAPHICS OF
THE SKI INDUSTRY & INCREASED COMPETITION
STRATEGIES
Tier 1 Priorities
Update the Comprehensive Plan for recommendation by the Planning and Zoning Commission for Council
adoption.
Upon adoption of the Comprehensive Plan, identify and prioritize which municipal and/or land use codes
should be revised to fully implement the Plan, including but not limited to a re-evaluation of the
Alternative Equivalent Compliance regulation to include a stronger nexus, with specific metrics for
performance to the Climate Action Plan and Avon’s Housing Vision and Philosophy
Develop a Town of Avon neighborhood housing vision and philosophy statement to guide decisions of
the Town Council in retaining and/or developing housing projects, including Tiny Home site locations
Develop diverse options for local working housing through public –private partnerships
Invest in multi-modal improvements prioritizing walkability and bicycle use on streets, with transit,
parking and wayfinding
Bid and construct approved E/WBC Boulevard walkability plan in one or two phases depending
on cost
Complete walkability plan for the remainder of the Avon core as an initial phase of the
development of a comprehensive parking and multi-modal transportation plan
Fully support Avon transit as a key element of a walkable community, including funding of a
Town late night transit loop; testing taxi, dial-a-ride or transportation network company (e.g.,
Uber) services for low-ride routes, including Wildridge and West Beaver Creek Boulevard west
of Lake Street, and a Tipsy Taxi program; stay attentive to the potential role of autonomous cars
Determine funding for a Town of Avon internal late night bus
Participate in ECO initiatives such as late night bus service to serve workers, a Tipsy Taxi
program, and transit consolidation
2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page5 Page5 With consultant services, prepare master land use plans for Tract G, Lot 5 and Swift Gulch, building on
the Stan Clauson Associates, November, 2015, initial plan. In the Tract G planning, evaluate expansion of
the Recreation Center and a parking garage. Engage a citizen committee to serve as a stakeholder group
for consideration of the relocation of the Hahnewald Barn, Blacksmith Shop and Cabin in the Town of
Avon. The planning will be an inclusive process with the greatest civic engagement from the initial
meetings through Planning and Zoning Commission recommending action and Council adoption
hearings.
Evaluate the tiers of the Avon water tap fee to ensure that the fee accounts fairly for residential home
sizes.
Work with local merchants on a bike sharing program and begin to work progressively with the Union
Pacific Railroad to allow railbikes within the Avon Town limits
Tier 2 Priorities
Analyze the current Real Estate Transfer Tax primary exemption of $160,000 as a mechanism to increase
affordable opportunities for homeownership in Avon to support employee housing shortages for Avon
businesses.
Evaluate the formation of a special improvement district to improve the facades of the Avon Center,
Comfort Inn, First Bank, and other properties along E/W Beaver Creek Boulevard, including but not limited
to landscaping, streetscape and beautification programs. Include development of public spaces in the
district assessment.
Map railroad right-of-way and Town easements to evaluate transportation options
Support Town Council efforts to develop a Sister City relationship
Assess with the Union Pacific Railroad and communities adjacent to the rails, opportunities for a cross-
country ski track from Edwards to Minturn
On-going
Work proactively with the owners of vacant commercial property to find leaseholders and/or
redevelopment projects and, when appropriate, 1) Utilize Urban Renewal Authority tax increments
generated from the existing district or in a potential new Urban Renewal Authority district, and/or
2) Other economic development incentives including tax rebates, zoning amendments, etc.
Maintain a strong partner relationship with the Avon business community, developers, Vail Valley
Partnership and the Vail Leadership Institute/Vail Centre
Support the efforts of the Avon Business Association, when appropriate
Be aware and proactive in Town projects, programs and day-to-day work in the support, retention and
development of inclusive neighborhoods, with specific attention to the needs and opportunities for the
Avon Elementary School, such as hosting the spring graduation
In the Town’s Swim Program, when appropriate, include Homestake Elementary students in Avon’s
school programs
Present the updated Town website at a Town Council meeting once completed
Throughout the year, Liaison Appointees and Town Manager will meet with respective principals for
developments in the Town of Avon to discuss current issues, development needs and opportunities
2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page6 Page6
Strategic Plan Fiscal Years 2017-18
PRESERVE & ENHANCE THE NATURAL ENVIRONMENT
Maintaining a strong foundation for the stewardship of Avon’s natural resources is a top commitment by the
Town. Avon will promote sustainability through the funding of programs and projects to protect the Town’s
and the regions clean waters and clean air.
RECENT SUCCESSES
UERWA UNALLOCATED POLICY ADOPTED – WATER
ORIENTATON FOR TOWN COUNCIL – WILDFIRE
COORDINATION WITH ERFPD FOR HOMEOWNER
OUTREACH – MOUNTAIN STAR FUNDING
AGREEMENT -
CURRENT CHALLENGES
POTENTIAL COLORADO WATER COMPACT CALLS &
SHORTAGES - WILDFIRE POTENTIAL - POTENTIAL
LONG-TERM DROUGHT IMPACTS - EAGLE RIVER
PROTECTION - CLIMATE CHANGE - RESOURCE COST
ESCALATION
STRATEGIES
Tier 1 Priorities
With the Avon Town Council’s adoption of the Climate Action Plan for the Eagle County Community,
develop an implementation plan for the specific goals of the plan, including but not limited to
maximization of the heat recovery system
Amend the Town’s landscape code to more effectively replace vegetation which has been removed
With the expertise of the UERWA, develop outdoor landscape guidelines/regulations to reduce water
use and off-site impacts, such as fertilizer run-off, which can affect the Eagle River
Assess the Town's public tree stock in the park and in right-of-ways for timely replacement
Proactively ensure trees on public and private property do not host and spread viruses; remove dead
trees with a well-developed landscape program
In planning for the new Police Station and Town Hall, adopt a paperless strategy to reduce waste and
support files, etc.
Consider legislation to end the use of plastic bags by retailers in the Town of Avon
Tier 2 Priorities
Consider adopting a “pay-as-you-throw” refuse system and evaluate franchise agreements for waste
haulers
Take the lead role in working with the UERWA to assess and potentially partner with the Aspens Mobile
Home Village to improve and/or replace the property’s water distribution system to eliminate water loss
Develop a plan to improve the visual gateway and corridor along I-70
On-going
Partner with Eagle County and its political jurisdictions to implement the Eagle County Climate Action Plan
Participate as a member of the Urban Run-off Group to evaluate and support, as appropriate, needed Eagle
River improvements
2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page7 Page7 Strategic Plan Fiscal Years 2017-18
DEVELOP INCLUSIVE & DIVERSE ECONOMIC,
EDUCATIONAL & CULTURAL OPPORTUNITIES
The importance of vibrancy and activity within the Town will be supported by partnering with existing special
events and attracting an array of new and diverse cultural, educational and recreational events to Avon, which
meet the Town’s brand and are in concert with the values of our community and serve to nurture a cohesive
sense of place and public.
RECENT SUCCESSES
MAIN STREET MALL/PAVILION DIVERSE EVENT &
FESTIVAL ACTIVATION - MAIN STREET MALL
COMPLETION & ACTIVATION COMPLETION OF
REGIONAL TRAIL AND METCALF CLIMBING LANE –
EXPANSION OF MOBILE CART PROGRAM AND FOOD
TRUCK PROGRAM AT NOTTINGHAM PARK -
PLAYGROUND DESIGN COMPLETED WITH CITIZEN
COMMITTEE – MARKETING PLAN COMPLETED –
TRAILS MASTER PLAN UPDATED
CURRENT CHALLENGES
IDENTIFYING & NURTURING A DIVERSE &
SUSTAINABLE YEAR-ROUND SCHEDULE OF
CULTURAL EVENTS - SUMMER REVENUE, WHEN
MEASURED BY SALES TAX, LAGS WINTER RECEIPTS
STRATEGIES
Tier 1 Priorities
Prepare, with consultant services, a GOCO grant to relocate and upgrade the Harry A. Nottingham Park
Playground; with successful funding and grant match construct the new Destination Jump, Splash, Learn
playground
Continue to solicit, develop and fund, in partnership with qualified producers, a diverse program of
vibrant arts, educational, cultural and recreational offerings at the Pavilion & Mall, as directed through
the annual Town Council review of all offerings. In particular, seek to add live theater as a desired multi-
day or evening festival. Expand use of the Pavilion in shoulder seasons to local band productions, which
are low key and low budget, such as a battle-of-the-bands or open mike nights.
Implement the adopted Avon Recreational Trails Plan as prioritized and adopted by the Avon Town
Council, as soon as possible; pursue construction grants
Pursue a Colorado Creative Arts District designation
Rebuild Eagle River Whitewater Park and seek to engage the Vail Valley Foundation in an activation
program
Tier 2 Priorities
Build photo monuments around the commercial core to memorialize Avon’s history
Evaluate a Scientific and Cultural District to provide funding to Walking Mountains educational programming
and Avon’s cultural activities
Identify locations for the installation of outdoor percussion instruments, including pianos, and fund in the
Capital Projects Fund, when feasible
2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page8 Page8 Determine whether a permanent plaque should be placed on the stage honoring the officials who lead the
construction and opening of the stage
On-going
When approving Town funded or supported festivals and events which offer alcoholic libations, require
that the sponsoring non-profit is an Avon community grant recipient or locally based nonprofit.
Support regional World Class events and the Walking Mountains School
As appropriate, share the results of the Community Survey with potential business interests in terms of
types of businesses and services desired in Avon
Maximize the grant resources available through potential sources available such as through the Office of
Economic Development and International Trade, including its new Outdoor Industry Recreation Office; a
Scientific & Cultural Facilities District, and Department of Local Affairs
Ensure a valley-wide events calendar is maintained through the Vail Valley Partnership
Be creative in activating the Town public ways with ideas such as bicycle pedal bars or a railroad trolley
car
Schedule Council civic engagement opportunities at the Pavilion Green Room
2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page9 Page9 Strategic Plan Fiscal Years 2017-18
PROVIDE A RESPONSIVE, CUTTING-EDGE
& EFFECTIVE GOVERNMENT
Ensure that Town government is managed and operated as a “competitive” business and in a manner which is
client-focused and solution-oriented, meeting the highest standards of fiduciary responsibility, implementing
best practices, and using Town resources effectively and efficiently in each department. Provide for the
development of capital projects, which support the community-resort economy, and promote the Town brand
through a five-year capital investment plan, utilizing appropriate funding mechanisms such as pay-as-you-go,
new mill levy and/or current tax receipt long-term debt. Support a work culture that is flexible, innovative and
resilient to change
RECENT SUCCESSES
COUNCIL STRATEGIC PLAN ADOPTED – POLICE
STATION DESIGNED & BALLOT ISSUE FOR FUNDING
APPROVED – PURCHASE OF NEW TOWN HALL -
BALANCED BUDGETS/RESERVES MAINTAINED - CIVIC
ENGAGEMENT PROGRAMS - EXPENDITURE SAVINGS -
DEFFERED MAINTENANCE FUNDING
CURRENT CHALLENGES
CIVIC ENGAGEMENT OUTREACH CHALLENGES -
LABOR FORCE COMPETITION - COMPETING FOR
GRANTS FOR PUBLIC PROJECTS
STRATEGIES
Tier 1 Priorities
Complete construction of the new Police Station at the Public Safety Facility and staff relocation
With Design Committee oversight, complete construction of the new Town Hall and staff relocation
Expand the participation in the Second Annual Town Clean-up Day with earlier marketing and community
picnic after the completion of the clean-up
Implement the Marketing Plan’s 2017 priorities: 1) Pool marketing resources among departments for
cross promotion and integrated communication; 2) Develop partnerships with local and regional
businesses to keep these entities updated on Town priorities and activities; 2) Continue Town Council
festival booth outreach, host coffee chats and create stand-alone displays; 3) Evaluate 2016 wayfinding
investments and expand for the visitor/resident experience; 4) Create a regional media strategy; 5) Focus
social media by audience; and 6) Rebrand transit
Monitor and adjust as needed the comprehensive community swim program initiated on November 1,
2016 at the Avon Recreation Center
Participate in the Mountain Connect broadband community; develop a program to ensure fiber is proactively
developed in Avon as growth occurs
Identify location(s) and cost(s) for the development of one or more dog parks in Avon or nearby in
partnership with Eagle-Vail
2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
Page10 Tier 2 Priorities
In a collaborative work group, with Eagle County, its municipalities and major metropolitan districts,
review Eagle County’s revenues and expenditures apportionment
Plan and budget for the development of Lot 5, in the Five Year Capital Improvements Plan, including adding a
reserve line item for an equipment and vehicle storage facility and future office space
Seek a naming sponsor for the Avon Performance Pavilion
Invite Walking Mountains to evaluate biosphere enhancements to the northwest corner of Nottingham Lake
On-going
Maintain Town infrastructure, including all buildings, roads, parks, preserves and trails; appropriating
deferred maintenance funds as required, and seeking long term debt approval, when appropriate
Provide strategic Council leadership, consistently practicing open and transparent government
Maintain and consistently evaluate a strong civic engagement program, including ad hoc committees, a
bi-annual community survey, volunteerism program, etc.
Maintain fund balances, contingency and reserves to guarantee a fiscal position that is resilient to
economic fluctuations; transfer surplus funds to capital projects
Continue to develop annual department work plans, which are measurable and maintain accountability
Hold annual or bi-annual sessions in joint meeting settings with government partners
Upgrade the Town Hall Sound System, if improvements are transferable to the new Town Hall
Host a Ski with the Police Day at the Beaver Creek Resort as part of Avon’s Resort/Police Department
agreement
2017-18 STRATEGIC PLAN UPDATE
February 14, 2017
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Virginia C. Egger, Town Manager
Meeting Date: February 14, 2017
Agenda Topic: Action on Recommendation to Provide Comment on the ECRTA Summer Service Schedule
The Eagle County Regional Transportation Authority has posted the 2017 Summer Service Schedule
for comment. Comments are due by February 15, 2017.
ECRTA Alternate Member* Sarah Smith Hymes has asked that staff review the schedule and evaluate
whether the service levels are sufficient for the needs of Avon business employees and residents. At
the time of packet preparation, we have not been able to complete our review or speak with ECO
Director Chris Lubbers. Review and any recommendations will be made at Tuesday’s meeting.
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Work Session – Sales Tax, Business License, Pan-Handling
DATE: February 9, 2017
SUMMARY: A work session has been scheduled to review proposed revisions and updates to the
definitions in the Sales Tax regulations, proposed amendments to business licensing requirements, and
changes to the peddling and solicitation regulations to address permissible panhandling regulations.
Depending upon the direction from Council at the work session, an ordinance would be prepared to enact
appropriate amendments to the Avon Municipal Code.
CML Standardized Definitions: In 2014, the Colorado legislature adopted Senate Joint Resolution 14-
038 which urged Colorado home rule municipalities to work with the Colorado Municipal League (“CML”) to
prepare uniform definitions for sales tax regulations. The CML worked with many municipalities over the
last two years on a “Standardized Sales Tax Project” which resulted in proposed uniform definitions for
sales tax regulations. The proposed standardized sale tax definitions from this CML project have been
reviewed with Avon’s definitions in its sales tax regulations. Please see the attached letter from CML dated
January 31, 2017.
The CML definitions has many more definitions which are not necessary or relevant for Avon’s needs (e.g.
definitions for aircraft). Attached is a REDLINE which shows Avon’s definitions compared to the CML
standardized definitions. There is neither an obligation nor expectation that each home rule municipality
will adopt and incorporate 100% of the standardized definition. As indicated in the attached REDLINE, the
wording of nearly all of the definitions in Avon’s sales tax regulations have been revised to match the
proposed standardized definitions.
The revision of definitions in Avon’s Sales Tax regulations will not change the applicability of Avon’s Sales
Tax, meaning that the applicability of Avon’s Sales Tax will not increase or decrease by adopting the
standardized definition wording.
BUSINESS LICENSES: The current definition of persons who are required to obtain a business license is
fairly broad. This has resulted in a large number of businesses that are subject to the requirement, but
which do not regularly conduct business in Avon, which has resulted in considerable administration for
business license compliance, especially business license renewals. Finance staff is recommending
consideration of a change to business licenses requirements to narrow its applicability. The existing
definition is below, which was revised in 2015 to be consistent with the sales tax license:
5.04.010. - Applicability.
Any person, as defined in AMC section 1.04.010 definitions, engaged in business in the
town, as defined in AMC section 3.08.010 and any person who advertises for
accommodation use of a property in the Town of Avon shall first have applied for and
received a business license issued by the finance director.
M EMORANDUM & PLANNING, LLC
Avon Town Council
Work Session: Sales Tax Definition, Business License and Panhandling
February 9, 2017
Page 2 of 3
Section 3.08.010 defines “Engaged in Business in the Town” as:
Engaged in business in the Town means performing or providing services or selling,
leasing, renting, delivering or installing tangible personal property for storage, use or
consumption within the Town. Engaged in business in the Town includes, but is not limited
to, any one (1) of the following activities by a person.
a. Directly, indirectly or by a subsidiary maintains a building, store,
office, salesroom, warehouse or other place of business within the taxing
jurisdiction;
b. Sends one (1) or more employees, agents or commissioned salespersons
into the taxing jurisdiction to solicit business or to install, assemble, repair,
service or assist in the use of its products, or for demonstration or other
reasons;
c. Maintains one (1) or more employees, agents or commissioned
salespersons on duty at a location within the taxing jurisdiction;
d. Owns, leases, rents or otherwise exercises control over real or personal
property within the taxing jurisdiction; or
e. Makes more than one (1) delivery into the taxing jurisdiction within a
twelve-month period.
A proposed revised definition for consideration is as follows:
5.04.010. - Applicability.
Any person, as defined in AMC Section 1.04.010 definitions, engaged in business in the
Town, as defined in AMC Sub-Sections 3.08.010. a., c. or d., and any person who
advertises for accommodation use of a property in the Town of Avon shall first have
applied for and received a business license issued by the finance director.
This revised definition of applicability would eliminate those who are temporarily in Town doing business
but who do not have a regular place of business within Town (e.g. realtors, accountants, attorneys,
therapists, etc.) AMC 5.04.080 Vendor Regulations does not mandate that vendors obtain a business
license and authorize the Town Manager to adopt additional regulations.
PANHANDLING: The Town received correspondence from the ACLU last fall stating that the Town of
Avon’s Municipal Code prohibition on loitering for the purpose of begging is unconstitutional and not legally
defensible. I have no knowledge of the Town having ever enforced this provisions. I agree that the
provision is not appropriate and should be repealed. The Avon Municipal Code language is reprinted below
along with the proposed deletion. The letter from the ACLU is included with this memo as an attachment.
9.16.050 - Loitering.
(a) Loiter means to be dilatory, to stand idly around, to linger, delay or wander about, or to
remain, abide or tarry in a public place.
Avon Town Council
Work Session: Sales Tax Definition, Business License and Panhandling
February 9, 2017
Page 3 of 3
(b) A person commits loitering if he or she does any of the following:
(1) Loiters for the purpose of begging; or
(2) Loiters for the purpose of unlawful gambling with cards, dice or other gambling
paraphernalia; or
(3) Loiters for the purpose of engaging or soliciting another person to engage in prostitution
or deviate sexual intercourse; or
(4) Loiters in or about a school building or grounds, not having any reason or responsibility
for a pupil or any other specific legitimate reason for being there, and not having written
permission from a school administrator; or in or about a public building except in the
exercise of the right of assembly, free speech or peaceful petition; or
(5) Loiters with one (1) or more persons for the purpose of unlawfully using or possessing a
narcotic or dangerous drug; or
(6) Remains in or upon any private premises or place of business after having been asked
by the owner, lessee or manager thereof to leave.
Thank you, Eric
ATTACHMENT A: January 31, 2017 CML letter
ATTACHMENT B: Sales Tax Definition Amendments
ATTACHMENT C: ACLU letter dated August 31, 2016
Jan. 31, 2017
The Standardized Sales Tax Project is a simplification effort undertaken by locally collecting home rule cities and
towns in conjunction with the business community and the Colorado General Assembly. This project is built on
the strong partnership between municipal governments and the business community to work together to make
locally collected taxes easier to file, report, and remit.
The General Assembly adopted Senate Joint Resolution (SJR) 14-038, asking the Colorado Municipal League
(CML) to work with its members to develop a package of standardized definitions, reprising a successful effort led
by CML in 1992. CML supported SJR14-038. The goals in developing these definitions were to add clarity about
current tax practices without a fiscal impact. No new tax is levied and no increase in tax revenue is expected,
because the updated definitions were drafted to reflect current tax practices.
Government and business recognize that the use of different definitions by locally collecting municipalities for
the same sales tax term is a source of complexity for businesses that operate in multiple municipalities. Using
standardized definitions minimizes this complexity.
CML’s membership has been strongly supportive of simplification efforts originating at the local level – and the
CML Executive Board has recommended adoption of these definitions to its membership. Likewise, we urge you
to consider the benefits of standardized sales tax definitions to your locally collecting city or town, as well as your
resident businesses and multi-jurisdictional businesses that work hard to collect your sales tax.
The following statewide associations, in addition to CML, support the adoption standardized sales tax definitions
by all 69 locally collecting home rule municipalities: Colorado Assocition of Commerce & Industry, Colorado Retail
Council, Colorado Automobile Dealers Association, and Simplify Colorado Sales Tax.
Sincerely,
Sam Mamet
Colorado Municipal League
Executive Director
The Voice of Colorado’s Cities and Towns
Loren Furman
Colorado Association of Commerce &
Industry Senior Vice President of State and
Federal Relations
Christopher Howes
Colorado Retail Council President
Tim Jackson
Colorado Automobile Dealers Association President
Tony Gagliardi
National Federation of Independent Business Colorado State Director and Coalition to Simplify Colorado Sales Tax President
ATTACHMENT A
Page 1
3.08.010 - Words and phrases defined.
The following words and phrases as used in this Chapter shall have the following meaning unless from
the context it clearly appears that a different meaning is indicated:
Access services means the services furnished by a local exchange company to its customers who
provide telecommunications services which allow them to provide such telecommunications services.
[Replaced by Carrier Access Services]
Auction means any sale where tangible personal property is sold by an auctioneer who is either
the agent for the owner of such property or is in fact the owner thereof.
Automotive vehicle means any vehicle or device in, upon or by which any person or property is or
may be transported or drawn upon a public highway, or any device used or designed for aviation or flight
in the air. Automotive vehicle includes, but is not limited to, motor vehicles, trailers, semi-trailers or
mobile homes. Automotive vehicle shall not include devices moved by human power or used exclusively
upon stationary rails or tracks.
Business means all activities engaged in or caused to be engaged in with the object of gain, benefit
or advantage, direct or indirect.
Carrier Access Services means the services furnished by a local exchange company to its
customers who provide telecommunications services which allow them to provide such
telecommunications services. [Same as former Access Services]
Charitable organization means any entity which:
a. Has been certified as a not-for-nonprofit organization under Section 501(c)(3) of the Internal
Revenue Code, and
b. Is a religious or charitable organization. As used in this definition, a charitable organization is
an organization which exclusively, and in a manner consistent with existing laws and for the
benefit of an indefinite number of persons or animals, freely and voluntarily ministers to the
physical, mental or spiritual needs of persons or animals, and which thereby lessens the
burdens of government. [Revised to Match CML Definition]
City or Town means the municipality of Avon.
Commercial Packaging Materials means containers, labels, and/or cases, that become part of
the finished product to the purchaser, used by or sold to a person engaged in manufacturing,
compounding, wholesaling, jobbing, retailing, packaging, distributing or bottling for sale, profit or use,
and is not returnable to said person for reuse. Commercial Packaging Materials does not include
Commercial Shipping Materials. [New CML Definition]
Commercial Shipping Materials means materials that do not become part of the finished product
to the purchaser which are used exclusively in the shipping process. Commercial Shipping Materials
include but are not limited to containers, labels, pallets, banding material and fasteners, shipping
cases, shrink wrap, bubble wrap or other forms of binding, padding or protection. [New CML
Definition]
ATTACHMENT B: Sales Tax Definition Amendments
Page 2
Construction Equipment means any equipment, including mobile machinery and mobile
equipment, which is used to erect, install, alter, demolish, repair, remodel, or otherwise make
improvements to any real property, building, structure or infrastructure. [New CML Definition]
Construction materials means tangible personal property which, when combined with other tangible
personal property, loses its identity to become an integral and inseparable part of a completed structure
or project including public and private improvements. Construction materials include, but are not limited
to, such things as: asphalt, bricks, builders' hardware, caulking material, cement, concrete, conduit,
electric wiring and connections, fireplace inserts, electrical heating and cooling equipment, flooring,
glass, gravel, insulation, lath, lead, lime, lumber, macadam, millwork, mortar, oil, paint, piping, pipe
valves and pipe fittings, plaster, plumbing fixtures, putty, reinforcing mesh, road base, roofing, sand,
sanitary sewer pipe, sheet metal, site lighting, steel, stone, stucco, tile, trees, shrubs and other
landscaping materials, wall board, wall coping, wall paper, weather stripping, wire netting and screen,
water mains and meters and wood preserver. The above materials, when used for forms, or other items
which do not remain as an integral or and inseparable part of a completed structure or project are not
construction materials. [Revised to Match CML Definition]
Consumer means:
a. Any individual person; or
b. A person engaged in business in the Town who purchases, uses, stores, distributes or
otherwise consumes in the Town tangible personal property or taxable services, purchased
from sources inside or outside the Town. [Revised to Match CML Definition]
Contractor means any person who shall build, construct, reconstruct, alter, expand, modify, or
improve any building, dwelling, structure, infrastructure, or other improvement to real property for
another party pursuant to an agreement. For purposes of this definition, Contractor also includes
subcontractor. [New CML Definition]
Drugs dispensed in accordance with a prescription means drugs dispensed in accordance with any
order in writing, dated and signed by a licensed practitioner of the healing arts, or given orally by a
practitioner, and immediately reduced to writing by the pharmacist, assistant pharmacist or pharmacy
intern, specifying the name and address of the person for whom the medicine, drug or poison is offered
and directions, if any, to be placed on the label. [Not in CML Definitions]
Engaged in business in the Town means performing or providing services or selling, leasing,
renting, delivering or installing tangible personal property for storage, use or consumption within the
Town. Engaged in business in the Town includes, but is not limited to, any one (1) of the following
activities by a person.
a. Directly, indirectly or by a subsidiary maintains a building, store, office, salesroom, warehouse
or other place of business within the taxing jurisdiction;
b. Sends one (1) or more employees, agents or commissioned salespersons into the taxing
jurisdiction to solicit business or to install, assemble, repair, service or assist in the use of its
products, or for demonstration or other reasons;
c. Maintains one (1) or more employees, agents or commissioned salespersons on duty at a
location within the taxing jurisdiction;
ATTACHMENT B: Sales Tax Definition Amendments
Page 3
d. Owns, leases, rents or otherwise exercises control over real or personal property within the
taxing jurisdiction; or
e. Makes more than one (1) delivery into the taxing jurisdiction within a twelve-month period.
Exempt commercial packaging materials means containers, labels and shipping cases sold to a
person engaged in manufacturing, compounding, wholesaling, jobbing, retailing, packaging, distributing
or bottling for sale, profit or use that meet all of the following conditions:
a. Are used by the manufacturer, compounder, wholesaler, jobber, retailer, packager, distributor
or bottler to contain or label the finished product;
b. Are transferred by the person along with and as a part of the finished product to the purchaser;
and
c. Are not returnable to the person for reuse. [Not in CML Definitions, replaced by
Commercial Packaging CML definition]
Farm closeout sale means full and final disposition of all tangible personal property previously used
by a farmer or rancher in farming or ranching operations which are being abandoned.
Finance Director, Director of Finance or Director means the Finance Director of Avon or such other
person designated by the municipality; Finance Director shall also include such person's designee.
Food for Home Consumption means food for domestic home consumption as defined in 7 U.S.C.
Section 2012(k)(2014)(g) as amended, for purposes of the federal food stamp supplemental nutrition
assistance program, or any successor program, as defined in 7 U.S.C. Section 2012(ht), as amended,
except that food does not include carbonated water marketed in containers; chewing gum; seeds and
plants to grow food; prepared salads and salad bars; cold sandwiches; deli trays; and food or drinkhot
or cold beverages served in unsealed containers or cups that are vended by or through machines or
non-coin-operated coin-collecting food and snack devices on behalf of a vendor. [Revised to Match
CML Definition]
Gross sales means the total amount received in money, credit, property or other consideration
valued in money for all sales, leases or rentals of tangible personal property or services.
License means an Avon sales and use tax license.
Linen services means services involving provision and cleaning of linens, including but not limited
to rags, uniforms, coveralls and diapers.
Lodging services means the furnishing of rooms or accommodations by any person, partnership,
association, corporation, estate, representative capacity or any other combination of individuals by
whatever name known, to a person who for a consideration uses, possesses or has the right to use or
possess any room in a hotel, inn, bed and breakfast, residence apartment hotel, lodging house, motor
hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, trailer court and park or similar
establishment, for a period of less than thirty (30) days under any concession, permit, right of access,
license to use, other agreement or otherwise. [Not in CML Definitions]
Medical supplies means drugs, prosthetic medical and dental appliances and special beds for
patients with neuromuscular or similar debilitating ailments, when sold for the direct, personal use of a
specific individual in accordance with a prescription or other written directive issued by a licensed
ATTACHMENT B: Sales Tax Definition Amendments
Page 4
practitioner of medicine, dentistry or podiatry; corrective eyeglass lenses (including eyeglass frames),
and corrective contact lenses, when sold for the direct, personal use of a specific individual in
accordance with a prescription or other written directive issued by a licensed practitioner of medicine or
optometry; wheelchairs and crutches, when sold for the direct, personal use of a specific individual;
oxygen and hemodialysis products for use by a medical patient, hearing aids, hearing aid batteries,
insulin, insulin-measuring and -injecting devices, glucose to be used for treatment of insulin reactions
and human whole blood, plasma, blood products and derivatives. This exemption excludes items
purchased for use by medical and dental practitioners or medical facilities in providing their services,
even though certain of those items may be packaged for single use by individual patients after which
the item would be discarded. [Not in CML Definitions]
Mobile machinery and self-propelled construction equipment means those vehicles, self-propelled
or otherwise, which are not designed primarily for the transportation of persons or cargo over the public
highways, and those motor vehicles which may have originally been designed for the transportation of
persons or cargo over the public highways, and those motor vehicles which may have originally been
designed for the transportation of persons or cargo but which have been redesigned or modified by the
mounting thereon of special equipment or machinery, and which may be only incidentally operated or
moved over the public highways. This definition includes but is not limited to wheeled vehicles commonly
used in the construction, maintenance and repair of roadways, the drilling of wells and the digging of
ditches.
Newspaper means a publication, printed on newsprint, intended for general circulation and
published regularly at short intervals, containing information and editorials on current events and news
of general interest. The term newspaper does not include magazines, trade publications or journals,
credit bulletins, advertising inserts, circulars, directories, maps, racing programs, reprints, newspaper
clipping and mailing services or listings, publications that include an updating or revision service or
books or pocket editions of books.
Pay television means and includes, but shall not be limited to cable, microwave or other television
service for which a charge is imposed.
Person means any individual, firm, partnership, joint venture, corporation, limited liability company,
estate or trust, receiver, trustee, assignee, lessee or any person acting in a fiduciary or representative
capacity, whether appointed by court or otherwise, or any group or combination acting as a unit.
[Revised to Match CML Definition]
Preprinted newspaper supplements means inserts, attachments or supplements circulated in
newspapers that:
a. Are primarily devoted to advertising; and
b. The distribution, insertion or attachment of which is commonly paid for by the advertiser.
Prescription drugs for animals means drugs a drug which, prior to being dispensed or delivered, is
required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq. as amended, to
state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any order in writing,
dated and signed by a practitioner, or given orally by a practitioner,licensed veterinarian specifying the
animal for which the medicine or drug is offered and directions, if any; to be placed on the label. [Revised
to Match CML Definition]
Prescription Drugs for Humans means a drug which, prior to being dispensed or delivered, is
required by the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sect. 301, et. seq., as amended, to
ATTACHMENT B: Sales Tax Definition Amendments
Page 5
state at a minimum the symbol “Rx Only”, and is dispensed in accordance with any written or
electronic order dated and signed by a licensed practitioner of the healing arts, or given orally by a
practitioner and immediately reduced to writing by the pharmacist, assistant pharmacist, or pharmacy
intern, specifying the name and any required information of the patient for whom the medicine, drug or
poison is offered and directions, if any, to be placed on the label. [New CML Definition]
Price or purchase price means the aggregate value measured in currency paid or delivered or
promised to be paid or delivered in consummation of a sale, without any discount from the price to the
consumer, on account of the cost of the materials uses, labor or service cost, and exclusive of any direct
tax imposed by the federal government or by this Chapter, and, in the case of all retail sales involving
the exchange of property, also exclusive of the fair market value of the property exchanged at the same
time and place of the exchange, if:
a. Such exchanged property is to be sold thereafter in the usual course of the retailer's business,
or
b. Such exchanged property is a vehicle and is exchanged for another vehicle and both vehicles
are subject to licensing, registration or certification under the laws of this State, including, but
not limited to, vehicles operating upon public highways, off-highway recreation vehicles,
watercraft and aircraft. Any money or other consideration paid over and above the value of the
exchanged property is subject to tax. [Revised to Match CML Definition]
Price or purchase price includes:
a. The amount of money received or due in cash and credits;
b. Property at fair market value taken in exchange but not for resale in the usual course of the
retailer's business;
c. Any consideration valued in money, such as trading stamps or coupons whereby the
manufacturer or someone else reimburses the retailer for part of the purchase price and other
media of exchange;
d. The total price charged on credit sales including finance charges which are not separately
stated at the time of sale. An amount charged as interest on the unpaid balance of the
purchase price is not part of the purchase price unless the amount added to the purchase
price is included in the principal amount of a promissory note; except, the interest or carrying
charge set out separately from the unpaid balance of the purchase price on the face of the
note is not part of the purchase price. An amount charged for insurance on the property sold
and separately stated at the time of sale is not part of the purchase price;
e. Installation, applying, remodeling or repairing the property, delivery and wheeling-in charges
included in the purchase price and not separately stated;
f. Transportation and other charges to effect delivery of tangible personal property to the
purchaser;
g. Indirect federal manufacturers' excise taxes, such as taxes on automobiles, tires and floor
stock;
ATTACHMENT B: Sales Tax Definition Amendments
Page 6
h. The gross purchase price of articles sold after manufacturing or after having been made to
order, including the gross value of all the materials used, labor and service performed and
the profit thereon. [Revised to Match CML Definition]
Price or purchase price shall not include:
a. Any sales or use tax imposed by the State or by any political subdivision thereof;
b. The fair market value of property exchanged if such property is to be sold thereafter in the
retailer's usual course of business. This is not limited to exchanges in Colorado. Out-of-state
trade-ins are an allowable adjustment to the purchase price;
c. Discounts from the original price if such discount and the corresponding decrease in sales tax
due is actually passed on to the purchaser, and the seller is not reimbursed for the discount
by the manufacturer or someone else. An anticipated discount to be allowed for payment on
or before a given date is not an allowable adjustment to the price in reporting gross sales.
[Revised to Match CML Definition]
Private communications services means telecommunications services furnished to a subscriber,
which entitle the subscriber to exclusive or priority use of any communication channel or groups of
channels, or to the exclusive or priority use of any interstate inter-communications system for the
subscriber's stations.
Prosthetic devices means any artificial limb, part, device or appliance for human use which aids or
replaces a bodily function; is designed, manufactured, altered or adjusted to fit a particular individual;
and is prescribed by a licensed practitioner of the healing arts. Prosthetic devices include but are not
limited to: prescribed auditory, ophthalmic or ocular, cardiac, dental, therapeutic or orthopedic devices
or appliances, oxygen concentrators and oxygen with related accessories.
Purchase or sale means the acquisition for any consideration by any person of tangible personal
property, other taxable products or taxable services that are purchased, leased, rented, sold, used,
stored, distributed or consumed, but excludes a bona fide gift of property or services. These terms
include capital leases, installment and credit sales and property and services acquired by:
a. Transfer, either conditionally or absolutely, of title or possession or both to tangible personal
property, or other taxable products, or taxable services;
b. A lease, lease-purchase agreement, rental or grant of a license, including royalty agreements,
to use tangible personal property, other taxable products or taxable services. The utilization
of coin-operated devices, except coin-operated telephones, which do not vend articles of
tangible personal property shall be considered short-term rentals of tangible personal
property;
c. Performance of taxable services; or
d. Barter or exchange for other tangible personal property or services, other taxable products or
services, including coupons. [Revised to Match CML Definition]
The terms purchase and sale do not include:
a. A division of partnership assets among the partners according to their interests in the
partnership;
ATTACHMENT B: Sales Tax Definition Amendments
Page 7
b. The formation of a corporation by the owners of a business and the transfer of their business
assets to the corporation in exchange for all the corporation's outstanding stock, except
qualifying shares, in proportion to the assets contributed;
c. The transfer of assets of shareholders in the formation or dissolution of professional
corporations, if no consideration including, but not limited to, the assumption of a liability is
paid for the transfer of assets;
d. The dissolution and the pro rata distribution of the corporation's assets to its stockholders, if
no consideration including, but not limited to, the assumption of a liability is paid for the transfer
of assets;
e. A transfer of a partnership interest or limited liability company;
f. The transfer in a reorganization qualifying under Section 368(a)(1) of the Internal Revenue
Code of 1954, as amended;
g. The formation of a partnership by the transfer of assets to the partnership or transfers to a
partnership in exchange for proportionate interests in the partnership;
h. The repossession of personal property by a chattel mortgage holder or foreclosure by a
lienholder;
i. The transfer of assets from a parent corporation company to a subsidiary corporationcompany
or corporationscompanies which are owned at least eighty percent (80%) by the parent
corporationcompany, which transfer is solely in exchange for stock or securities of the
subsidiary corporationcompany;
j. The transfer of assets from a subsidiary corporation or corporations which are owned at least
eighty percent (80%) by the parent corporation company to a parent corporationcompany or
to another subsidiary which is owned at least eighty percent (80%) by the parent
corporationcompany, which transfer is solely in exchange for stock or securities of the parent
corporationcompany or the subsidiary which received the assets;
k. The transfer of assets between parent and closely held subsidiary corporationscompany, or
between subsidiary corporationscompanies closely held by the same parent
corporationcompany, or between corporationscompany which are owned by the same
shareholders in identical percentage of stock ownership amounts, computed on a share-by-
share basis, when a tax imposed by this Chapter was paid by the transferor
corporationcompany at the time it acquired such assets, except to the extent that there is an
increase in the fair market value of such assets resulting from the manufacturing, fabricating
or physical changing of the assets by the transferor corporationcompany. To such an extent
any transfer referred to in this Paragraph shall constitute a sale. For the purposes of this
Paragraph, a closely held subsidiary corporation company is one in which the parent
corporationcompany owns stock possessing at least eighty percent (80%) of the total
combined voting power of all classes of stock entitled to vote and owns at least eighty percent
(80%) of the total number of shares of all other classes of stock.
[Revised to Match CML Definition]
Recreation services means all services relating to athletic or entertainment participation events,
and/or activities including but not limited to pool, golf, billiards, skating, tennis, bowling, health/athletic
club memberships, coin-operated amusement devices, video games and video club memberships.
ATTACHMENT B: Sales Tax Definition Amendments
Page 8
Retail sales means all sales except wholesale sales.
Retailer means any person selling, leasing, or renting, or granting a license to use tangible
personal property or services at retail. Retailer shall include, but is not limited to, any:
a. Auctioneer;
b. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect
agent of or obtains such property or services sold from a dealer, distributor, supervisor or
employer;.
c. Charitable organization or governmental entity which makes sales of tangible personal property
to the public, notwithstanding the fact that the merchandise sold may have been acquired by
gift or donation or that the proceeds are to be used for charitable or governmental purposes;
d. Retailer-Contractor, when acting in the capacity of a seller of building supplies, construction
materials, and other tangible personal property. [Revised to Match CML Definition]
“Retailer-Contractor” means a contractor who is also a retailer of building supplies,
construction materials, or other tangible personal property, and purchases, manufactures, or
fabricates such property for sale (which may include installation), repair work, time and materials jobs,
and/or lump sum contracts. [Added CML Definition]
Return means the sales and use tax reporting form used to report sales and use tax.
Sales tax means the tax to be collected and remitted by a retailer on sales taxed under this Code.
Security system services means electronic security system services. Such term does not include
nonelectronic security services such as consulting or human or guard dog patrol services.
Sound system services means sound system services involving provision of broadcast or
prerecorded audio programming to a building or portion thereof. Such term does not include installation
of sound systems where the entire system becomes the property of the building owner or the sound
system service is for presentation of live performances.
Tangible personal property means corporeal personal property that can be one or more of the
following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is in any other
manner perceptible to the senses. The term shall not, however, include newspapers as defined by
Section 24-70-102, C.R.S., 1973. [Revised to Match CML Definition]
Tax means the use tax due from a consumer or the sales tax due from a retailer or the sum of both
due from a retailer who also consumes.
Tax deficiency means any amount of tax, penalty, interest, or other fee that is not reported and/or
not paid on or before the due date that any return or payment of the tax is required under the terms of
this Code. [Revised to Match CML Definition]
Taxable sales means gross sales less any exemptions and deductions specified in this Code.
Taxable services means services subject to tax pursuant to this Code.
Taxpayer means any person obligated to collect and/or pay tax under the terms of this Code.
ATTACHMENT B: Sales Tax Definition Amendments
Page 9
Telecommunications service means the service of which the object is the transmission of any two-
way interactive electromagnetic communications, including but not limited to voice, image, data and any
other information, by the use of any means, but not limited to wire, cable, fiber optical cable, microwave,
radio wave or any combinations of such media. Telecommunications service includes but is not limited
to basic local exchange telephone service, toll telephone service and teletypewriter service, including
but not limited to residential and business service, directory assistance, cellular mobile telephone or
telecommunication service, specialized mobile radio and two-way pagers and paging service, including
any form of mobile two-way communication. Telecommunications service does not include separately
stated nontransmission services which constitute computer processing applications used to act on the
information to be transmitted. [Revised to Match CML Definition]
Therapeutic device means devices, appliances or related accessories that are sold to correct or
treat a human physical disability or surgically created abnormality; if such device, appliance or related
accessory has a retail value of more than one hundred dollars ($100.00), it must be sold in accordance
with a written recommendation from a licensed doctor to qualify as a therapeutic device for purposes of
this Code.
Total tax liability means the total of all tax, penalties or interest owed by a taxpayer and shall include
sales tax collected in excess of such tax computed on total sales.
Use tax means the tax paid or required to be paid by a consumer for using, storing, distributing or
otherwise consuming tangible personal property or taxable services inside the Town.
WATS/800 service means any outbound or inbound interstate wide area telecommunications
service or other similar service which entitles the subscriber, upon payment of a periodic charge, based
upon a flat amount and/or usage, to make or receive a large volume of telephonic communications to or
from persons having telephone or radio telephone stations in specified areas which are outside the
telephone system area in which the subscriber's station is located.
Wholesale sales means sale by wholesalers tos to licensed retailers, jobbers, dealers or other
wholesalers for resale and does not include a sale . Sales by wWholesalers to consumers not for resale;
latter types of sales shall be deemed to be Retail Sales and shall be subject to the provisions of this
chapter. are not wholesale sales. Sales by wholesalers to nonlicensed retailers are not wholesale sales.
[Revised to Match CML Definition]
Wholesaler means any person doing an organized wholesale or jobbing business and selling to
retailers, jobbers, dealers or other wWholesalers, for the purpose of resale, and not for storage, use,
consumption or distribution. [Revised to Match CML Definition]
ATTACHMENT B: Sales Tax Definition Amendments
2/9/17, 4:23 PMGmail - ACLU of Colorado: Loitering ordinance
Page 1 of 5https://mail.google.com/mail/u/0/?ui=2&ik=c49451d736&view=pt&q=…&qs=true&search=query&th=156e1353ae549ba8&siml=156e1353ae549ba8
Eric Heil <ericheillaw@gmail.com>
ACLU of Colorado: Loitering ordinance
1 message
Jessica Howard <JHoward@aclu-co.org>Wed, Aug 31, 2016 at 9:26 AM
To: "eric@heillaw.com" <eric@heillaw.com>
Nathan Woodliff-Stanley, Executive Director
Mark Silverstein, Legal Director
August 31, 2016
SENT VIA U.S. MAIL AND EMAIL: jfancher@avon.org
Jennie Fancher, Mayor
Town of Avon
P.O. Box 975
Avon, CO 81620
Dear Mayor Fancher,
Your municipality is one of over thirty in Colorado with a municipal code that makes it a crime to “loiter for thepurpose of begging.” Avon Home Rule Charter and Code § 9.16.050(b)(1). This ordinance not only unfairly targetspoor and homeless persons whose pleas for assistance are protected by the First Amendment, but it is also legallyindefensible. We write to ask that Avon immediately initiate the steps necessary to repeal the ordinance and take it offthe books. While the process of repeal is unfolding, law enforcement should be instructed not to enforce thisordinance.
In recent years, this nation and Colorado have seen a marked uptick in enforcement of laws that effectively
ATTACHMENT C: ACLU letter
2/9/17, 4:23 PMGmail - ACLU of Colorado: Loitering ordinance
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criminalize homelessness and extreme poverty, including many laws that prohibit individuals from peacefully asking
passersby for help.[1] Not only do these anti-begging ordinances violate the constitutional rights of impoverished
people, but they are costly to enforce and serve to exacerbate problems associated with homelessness and poverty. Harassing, ticketing and/or arresting poor persons for asking for help is inhumane, counterproductive and – in manycases – illegal. That is why the American Civil Liberties Union of Colorado (“ACLU”) has devoted considerable
resources in recent years to reviewing, and sometimes challenging such ordinances.[2]
It is well-settled that peacefully soliciting charity in a public place is protected by the First Amendment. See,
e.g., United States v. Kokinda, 497 U.S. 720, 725 (1990) (“Solicitation is a recognized form of speech protected by the
First Amendment.”); accord Village of Schaumburg v. Citizens for a Better Env’t, 444 U.S. 620, 632 (1980). This
constitutional protection applies not just to organized charities, but also to the humblest solitary beggar asking for
spare change to get through the day. More than twenty years ago, the Second Circuit explained that begging or
panhandling is communicative activity that the Constitution protects:
Begging frequently is accompanied by speech indicating the need for food, shelter, clothing, medicalcare or transportation. Even without particularized speech, however, the presence of an unkemptand disheveled person holding out his or her hand or a cup to receive a donation itself conveys amessage of need for support and assistance. We see little difference between those who solicit fororganized charities and those who solicit for themselves in regard to the message conveyed. Theformer are communicating the needs of others while the latter are communicating their personalneeds. Both solicit the charity of others. The distinction is not a significant one for First Amendmentpurposes.
Loper v. New York Town Police Department, 999 F.2d 699, 700 (2d Cir. 1993).[3] In the years since the Loper
decision, numerous courts have held that various regulations or outright prohibitions of solicitation violate the First
Amendment. See, e.g., Norton v. City of Springfield, 806 F.3d 411, 412-13 (7th Cir. 2015) (anti-panhandling statute is
content-based and subject to strict-scrutiny); Browne v. City of Grand Junction, 136 F. Supp. 3d 1276, 1287 (D. Colo.
2015) (same); Thayer v. City of Worcester, 144 F. Supp. 3d 218, 233 (D. Mass. 2015) (same); Speet v. Schuette, 726
F.3d 867, 870 (6th Cir. 2013) (invalidating Michigan’s anti-begging statute, which “bans an entire category of activity
that the First Amendment protects”); Clatterbuck v. City of Charlottesville, 708 F.3d 549 (4th Cir. 2013) (subjecting
regulation of solicitation to strict scrutiny); ACLU of Idaho v. City of Boise, 998 F. Supp. 2d 908 (D. Idaho 2014)
(issuing preliminary injunction); Kelly v. City of Parkersburg, 978 F. Supp. 2d 624 (S.D. W Va. 2013) (issuing
preliminary injunction); Guy v. County of Hawaii, 2014 U.S. Dist. Lexis 132226 (D. Hawaii Sept. 19, 2014) (issuing
temporary restraining order).
During the litigation of the ACLU’s challenge to Grand Junction’s panhandling ordinance, the federal districtcourt in Colorado underscored the significance of panhandling’s communicative function:
This court believes that panhandling carries a message. Often, a request for money conveysconditions of poverty, homelessness, and unemployment, as well as a lack of access to medical care,reentry services for persons convicted of crimes, and mental health support. The City’s attempt toregulate this message is an attempt to restrain the expression of conditions of poverty to othercitizens.
Browne v. City of Grand Junction, 2015 U.S. Dist. Lexis 73834, **12-13 (D. Colo. June 8, 2015).
ATTACHMENT C: ACLU letter
2/9/17, 4:23 PMGmail - ACLU of Colorado: Loitering ordinance
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The Avon ordinance prohibiting loitering for the purpose of begging is far broader than many of the anti-panhandling regulations that courts have struck down in recent years. It prohibits passively, silently, andnonintrusively sitting with a sign that asks for charity, and it applies everywhere in the municipality. The ordinancecould not survive a legal challenge. Indeed, the language of Avon’s loitering ordinance is familiar to our office. In1996, the ACLU of Colorado filed a class action lawsuit to challenge an antiquated Colorado statute that, like Avon’sordinance, prohibited “loitering . . . for the purpose of begging.” After the plaintiffs obtained a preliminary injunction,the defendants agreed to ask the legislature to repeal the statute, and it was repealed in the next legislative session.
Through the ACLU’s investigation, we know that several jurisdictions have actively enforced this outdatedordinance – whether by means of citations, warnings, or move-on orders. Indeed, of the ten municipalities from whichwe received records, eight had engaged in some form of illegal enforcement of the ordinance within the last fewyears. We understand, however, that some municipalities may have allowed this unconstitutional ordinance to stay onthe books, but have no intention of enforcing it. Your municipality may be one such jurisdiction. Even if that is thecase, it is important to remove this archaic law from the municipal code. Leaving the law on the books raises the veryreal possibility that, at some point in the future, an energetic law enforcement officer will review the entirety of the
municipal code and begin enforcing the ordinance.[4]
Based on the foregoing, we ask Avon to take the following immediate actions:
1. Stop enforcing Section 9.16.050(b)(1). This requires instructing any law enforcement officers chargedwith enforcing the municipal code that Section 9.16.050(b)(1) is no longer to be enforced in any way, includingby issuance of citations, warnings, or move-on orders.
2. Immediately initiate the steps necessary to repeal Section 9.16.050(b)(1).
3. If there are any pending prosecutions under Section 9.16.050(b)(1), dismiss them.
Please provide a written response to this letter by September 14, 2016.
Sincerely,
Mark Silverstein Rebecca Wallace
Legal Director Staff Attorney & Policy Counsel
ACLU of Colorado ACLU of Colorado
ATTACHMENT C: ACLU letter
2/9/17, 4:23 PMGmail - ACLU of Colorado: Loitering ordinance
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cc: Eric Heil, Avon Town Attorney - eric@heillaw.com
[1] See National Law Center on Homelessness and Poverty, No Safe Place – The Criminalization of
Homelessness in U.S. Cities (2015), available at http://www.nlchp.org/documents/No_Safe_Place.
[2] Following are recent ACLU actions aimed at challenging laws that criminalize peaceful solicitation
of charity:
· In 2013, Colorado Springs repealed an ordinance establishing a “Downtown No Solicitation Zone”
after the ACLU obtained a preliminary injunction. As part of the settlement in that case, ColoradoSprings paid the ACLU $110,000 in attorneys’ fees.
· In 2014, in response to a letter from the ACLU, officials in Durango agreed to suspend
enforcement of an ordinance that, like the Bennett ordinance, prohibited “loitering . . . for the purposeof begging.” The Durango ordinance has now been repealed.
· In a 2015 ACLU case, a federal judge ruled that Grand Junction’s panhandling ordinance violated
the First Amendment. Browne v. City of Grand Junction, 136 F. Supp. 3d 1276 (D. Colo. 2015).
Grand Junction repealed the ordinance and paid the ACLU $330,000 in attorneys’ fees.
· Also in 2015, the ACLU filed a class action lawsuit challenging Fort Collins’s enforcement of its
panhandling ordinance. After legal briefing on the ACLU’s motion for a preliminary injunction, Fort
Collins repealed all of the challenged provisions. As part of the subsequent settlement, Fort Collinspaid the ACLU $82,500 in attorney’s fees.
· In the spring of 2015, the ACLU learned that Telluride had approved, on first reading, a new
ordinance that regulated panhandling. After receiving a letter from the ACLU, the town councilchanged course and adopted a scaled-down version that included only four provisions to which the
ACLU did not object.
· In May 2015, Durango proposed a new panhandling ordinance to replace the repealed ordinance
that prohibited “loitering . . . for the purpose of begging.” The ACLU of Colorado wrote a detailedcritique that explained why multiple provisions of the proposed ordinance violated the First
Amendment. The Durango Town Council then changed course and settled on a scaled-down version
that included only a handful of provisions to which the ACLU did not object.
ATTACHMENT C: ACLU letter
2/9/17, 4:23 PMGmail - ACLU of Colorado: Loitering ordinance
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· In July, 2015, Loveland, noting the ACLU’s court challenges to the Fort Collins and Grand Junction
panhandling ordinances, adopted significant revisions to its panhandling ordinance. Loveland’s
revised ordinance leaves in place only four provisions to which the ACLU does not object.
· In August 2015, in response to a letter from the ACLU, Steamboat Springs agreed to cease
enforcement of its ordinance prohibiting loitering for the purpose of begging. A month later, the City
repealed the ordinance.
· In October 2015, in response to a letter from the ACLU, Colorado Springs dismissed hundreds of
panhandling charges against individuals who had been cited for peacefully soliciting charity with asign. In 2016, the City repealed one of its panhandling ordinances and revised the other to leave in
place only those provisions to which the ACLU does not object.
[3] Notably, the New York City ordinance at issue in the Loper decision was very similar to
Bennett’s. The ordinance provided that a person commits a crime when he “Loiters, remains or
wanders about in a public place for the purpose of begging.” Loper, 999 F.2d at 701. The court held
the ordinance violates the First Amendment. Id. at 706.
[4] Indeed, after at least eight years of non-enforcement of its loitering for the purpose of begging ordinance,
the Town of Bennett recently cited a homeless man who was simply soliciting donations with a sign. The municipalcourt set the case for trial, but our office was able to secure a dismissal after we shared with the prosecuting attorneysome of the caselaw cited in this letter.
ATTACHMENT C: ACLU letter
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members, Acting as the Avon Local
Liquor Licensing Authority
FROM: Eric J. Heil, Town Attorney
RE: Work Session – Overview of the Avon Local Liquor Authority
DATE: February 8, 2017
SUMMARY: This memorandum provides a general overview of the Avon Local Liquor Authority (“LLA”)
responsibilities and procedures. The LLA has considerable discretion over the issuing of new licenses,
review of annual renewal requests and any modifications, and taking action on suspensions, revocations
and fines if a Licensee violates the liquor code. This memorandum provides a general overview of liquor
license regulations in Colorado with a focus on the Avon LLA role and authorization for violations.
DUAL AUTHORITY WITH STATE: Liquor license authority in Colorado is held by both the State
Department of Revenue and the local liquor license authority. Dual authority means that both the State and
the local jurisdiction both must approve new liquor licenses and changes to existing licenses, both the State
and the local jurisdiction have the authority to enforce the Colorado Liquor Code, impose sanctions and
revoke liquor licenses, and the local authority must follow the State’s standards and requirements for liquor
licenses.
LOCAL OPTION: The Town of Avon has adopted and established its LLA in Chapter 5.08 of the Avon
Municipal Code. The Avon Town Council is designated as the LLA Board. Municipalities may establish a
local authority board that separate from the governing body. The Town’s liquor license regulations in
Chapter 5.08 are mostly the same as originally adopted in 1979 and comply with the Colorado Liquor Code.
STATUTORY AUTHORITY: The state liquor laws are set forth in the Colorado Beer Code, the Colorado
Liquor Code, the Special Events Code and Code of Regulations 1, CCR 203-2.
NEW LIQUOR LICENSES: The LLA has considerable discretion when determine the “needs of the
community” for new liquor licenses as well as whether the applicant possesses the proper character. The
practice in Avon has been fairly supportive of new liquor licenses with regard to location which are mostly
limited to those areas of town with proper zoning.
RENEWAL APPLICATIONS: Renewal applications are generally presumed to comply with the Colorado
Liquor Code unless new evidence is submitted to the contrary. The LLA authority over a renewal
application is limited to either approving or denying the renewal application. The LLA does not have
authority to impose conditions or limitations on the license (such as reducing liquor service hours or
reducing the designated seating area). The LLA may issue requests or suggestions (such as additional
TIPS training) and may take notice if such suggestions are not followed and additional violations occur.
Note that the LLA has significant discretion with regard to sanctions, fines and revocation when violations
occur, as is discussed more below.
The LLA has asked for information concerning violations over the last years. Such information is relevant if
new violations occur since the last renewal in order to consider whether the Licensee exhibits a pattern of
behavior that warrants revocation or suggested remedial actions. If no violations have occurred since the
M EMORANDUM & PLANNING, LLC
Avon Town Council
Work Session - Liquor License Authority Overview
February 9, 2017
Page 2 of 3
last renewal approval, then any prior violations would not be relevant or appropriate for consideration by the
LLA.
VIOLATIONS – GENERAL PROCEDURE: The Avon Municipal Code sets forth the procedures and
authority for the LLA to consider suspensions, fines and revocation of liquor licenses if violations occur.
Violations generally fall under the following categories:
1. Conduct of Premises. Permitting excessive drunkenness, disorderly conduct, fights, noise, etc.
2. Service to Visible Intoxicated Persons.
3. Sale to a Minor.
4. Bad Moral Character. Includes the Licensee holder or manager committing a felony or other acts that
evidence a lack of “good moral character.”
5. Sale After Hours of Service.
Stipulated Agreement. Often times when a violation occurs (unless the violation is serious), a stipulated
agreement is considered whereby the Licensee agrees that the violation has occurred and the LLA and
Licensee agree to a temporary suspension, fine, or suspension held in abeyance or a combination of such
actions. Such Stipulated Agreements are subject to review and approval of the LLA at public meetings of
the LLA.
Section 5.08.160 of the Avon Municipal Code is reprinted below:
5.08.160 - Suspension and revocation—written complaints.
(a) The Local Liquor Licensing Authority has the power and authority upon its own motion or complaint
to:
(1) Summarily suspend any license for a period of fifteen (15) days, pursuant to Section 12-47-110,
C.R.S., 1973, as amended, and
(2) Upon notice to the licensee, and following a public hearing at which all parties in interest shall
have an opportunity to be heard, suspend any license for a period not to exceed six (6) months
or to revoke such license. Hearings conducted in connection with such procedures shall be held
in accordance with the provisions of this Chapter.
(3) Fine in lieu of suspension.
a. Whenever a decision suspending a retail license for fourteen (14) days or less becomes
final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all
appeals and judicial review, the retail licensee may, before the operative date of the
suspension, petition for permission to pay a fine in lieu of having his or her retail license
suspended for all or part of the suspension period. Upon the receipt of the petition the
Local Liquor Licensing Authority may, in its sole discretion, stay the proposed suspension
and cause any investigation to be made which it deems desirable and may, in its sole
discretion, grant the petition if it is satisfied:
1. That the public welfare and morals would not be impaired by permitting the retail
licensee to operate during the period set for suspension and that the payment of the
fine will achieve the desired disciplinary purposes;
2. That the books and records of the retail licensee are kept in such a manner that the
loss of sales of alcoholic beverages which the retail licensee would have suffered had
Avon Town Council
Work Session - Liquor License Authority Overview
February 9, 2017
Page 3 of 3
the suspension gone into effect can be determined with reasonable accuracy
therefrom; and
3.That the retail licensee has not had his or her license suspended or revoked, nor had
any suspension stayed by payment of a fine, during the two (2) years immediately
preceding the date of the motion or complaint which has resulted in a final decision to
suspend the retail license.
b.The fine accepted shall be the equivalent to twenty percent (20%) of the retail licensee's
estimated gross revenues from sales of alcoholic beverages during the period of the
proposed suspension; except that the fine shall be not less than two hundred dollars
($200.00) nor more than five thousand dollars ($5,000.00).
c.Payment of any fine pursuant to the provisions of this Subsection shall be in the form of
cash or in the form of a certified check or cashier's check made payable to the Local Liquor
Licensing Authority.
(4) Upon payment of the fine pursuant to Subsection (a)(3) of this Section, the Local Liquor
Licensing Authority shall enter its further order permanently staying the imposition of the
suspension. The governing body of the Authority shall cause such moneys to be paid into the
general fund of the Local Liquor Licensing Authority.
(5) In connection with any petition pursuant to Subsection (a)(3) of this Section, the Local Liquor
Licensing Authority is limited to the granting of such stays as are necessary for it to complete its
investigation and make its findings and, if it makes such findings, to the granting of an order
permanently stayed, the suspension shall go into effect on the operative date finally set by the
Local Liquor Licensing Authority.
(b) The Town Clerk, as secretary to the Local Liquor Licensing Authority, shall receive written
complaints concerning establishments licensed pursuant to the terms of this chapter. Such
complaints shall be placed in the file pertaining to that licensee and presented to the Local Liquor
Licensing Authority as the seriousness and urgency of the matter complained of demands.
VIOLATIONS – UNDERAGE SERVING: The greatest number of violations seem to some from underage
serving, particularly with regard to State Liquor Authority sting operations. The State imposes suspensions
and fines in accordance with the statutory guidelines set forth in Regulation 47-604. Compliance Check
Penalties which is attached to this memo. The Town/LLA is notified of such violation. Generally, when a
renewal application is considered in which a Licensee has a violation for underage serving from a State
operation, the State has taken action to implement a sanction and/or fine with the Licensee.
Thank you, Eric
Town staff has provided an additional memorandum, attached as Exhibit A, which discusses processes for
liquor licensing applications.
Regulation 47-604. Compliance Check Penalties
When a licensing authority finds that a licensee has sold alcohol beverages to a minor and that
said violation was investigated or detected by using a person under twenty-one years of age to purchase alcohol beverages from the licensee, the licensing authority may consider the following
penalties to be imposed for the violation:
A. 1 First Offense-(within one year) A written warning up to a 15 day suspension. Accepting a fine
(within the provisions of C.R.S. 12-47-601) in lieu of up to 14 days of actual suspension is at the discretion of the licensing authority, as is holding a portion of the suspension time in abeyance for
a period of time.
2. As an inducement for licensee to provide training for servers, because server training has
proven to be an aid in the reduction of violations, it is recommended that, where there are no aggravating circumstances, a licensee who has provided training to its staff members be issued
only a warning on first violation.
B. Second Offense (within one year - A 5 to 30 day suspension, if no fine was paid or suspension
served at the time of the first offense, it would be within the discretion of the licensing authority to accept a fine (within the provisions of C.R.S 12-47-601) in lieu of actual days of suspension
and/or to hold a portion of the suspension time in abeyance for a period of time.
C. Third Offense (within one year) - 20 to 45 day suspension.
D. Forth Offense (within two years) - 45 day suspension to revocation.
E. Licensing Authorities may also consider mitigating and aggravating factors when considering
the imposition of the penalty. These factors may include;
1. Action taken by the licensee to prevent violations, i.e. training of servers.
2. Licensee's past history of success of failure with compliance checks.
3. Corrective action (s) taken by the licensee.
4. Prior violations/prior corrective action (s) and its effectiveness.
5. Willfulness or deliberateness of the violation.
6. Likelihood of recurrence of the violation.
7. Factors which might make the situation unique, such as;
a. Prior notification letter to the licensee that a compliance check would be forthcoming.
b. The dress or appearance of the underage operative, i.e., the operative was wearing a high
school letter jacket.
8. Licensee or manager is the violator or has directed an employee or other individual to violate
the law.
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Preston Neill, Executive Assistant to the Town Manager
Greg Daly, Chief of Police
Meeting Date: February 14, 2017
Meeting Topic: Liquor Licensing Workshop – Process for Renewal Applications
SUMMARY:
The purpose of this memorandum is to discuss the current procedures for liquor license renewal and
the legal process currently available for sanctions against license holders for violations. Town Clerk
Debbie Hoppe, Police Chief Greg Daly, Detective Sergeant Jonathan Lovins and Agent Lisa Maestas
with Colorado State Liquor & Tobacco Enforcement, will be available during Tuesday’s meeting to
discuss the current procedures and any desired changes by Council.
Council has requested that any information regarding violations that have occurred with a liquor
license be increased from a one year time limit to five years. That change has been enacted in the
current liquor license renewal applications. Staff has proposed that in the event that a licensed
business owner/manager or staff member is issued a summons for a violation, the Police Department
at the earliest opportunity, will meet with the business owner/manager and collaborate with them to
make immediate changes/source trainings to address the alleged deficiency. The deficiency/crime will
be treated as “alleged” until the case has been finally dispositioned by the appropriate court of law.
In addition, the Town Clerk will identify in the Liquor Authority reports, the outcomes of the outreach
meetings between representatives of the Police Department and the businesses.
EXHIBIT A
Heil Law & Planning, LLC Office: 970.468.0635
1022 Summit Drive
Dillon, CO 80435 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com
H EIL L AW
TO: Honorable Mayor Fancher and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Position Statement from Independent Ethics Commission
DATE: February 12, 2017
SUMMARY: The Colorado Independent Ethics Commission (“IEC”) issued a position statement in
December, 2016, stating that the position and interpretation of the IEC is that Amendment 41 (Article XXIX
of the Colorado Constitution) requires all home rule communities to meet the minimum gift ban provisions
and that home rule communities may not adopt gift ban regulations that are different or less stringent than
the constitutional provisions. Avon has adopted its own gift ban regulations in the Town of Ethics in 2012,
under Section 2.30.170 Gift Reporting.
Several municipalities (including the City of Denver and City of Colorado Springs) and the Colorado
Municipal League filed comment letters stating that the IEC incorrectly interpreted Article XXIX in finding
that home rule communities were required to meet minimum standards set forth for all counties and
municipalities. I also submitted a comment letter on behalf of the Town of Avon, which is attached.
Section 7, Article XXIX: Section 7, Article XXIX, Colorado Constitution contains two sentences which
were the focus of the IEC Position Statement: “Any county or municipality may adopt ordinances or charter
provisions with respect to ethics matters that are more stringent than any of the provisions contained in this
article. The requirements of this article shall not apply to home rule counties or home rule municipalities
that have adopted charters, ordinances or resolutions that address the matters covered by this article.”
Avon’s Gift Regulations: Avon’s Gift Reporting regulations require reporting of all gifts to the Town Clerk
and then provides that the Town Council will determine if the gift constitutes a conflict of interest. Avon’s
Code of Ethics defines gifts as receipt of anything of value in excess of $50 and such gift is offered due to
the person’s status as a Town officer. This process was adopted to promote transparency in receipt of
admission tickets and vouchers to events sponsored by the Town of Avon. The Town Council and certain
staff (including myself) receive admission tickets and vouchers to Town events on Town property or other
events in which the Town of Avon provides financial support. This is for the purpose of attending and
observing the event to understand benefits and impacts. Avon’s practice of enabling elected officials and
other Town staff to attend events has been a long-standing practice and is common for communities with
strong events programs.
IEC Interpretation: The IEC has issued numerous position statements over the years, but has not
addressed admissions to events sponsored by local governments. It is generally recognized that the
expenses associated with “fact finding” missions is not a gift; however, “fact finding missions” is not defined
by the IEC. Rather than attempt to define when attendance at an event is a gift, Avon has adopted
procedures that require full transparency through public disclosure.
Without rehashing the legal arguments raised by other municipalities, it is my similar opinion that Section 7,
Article XXIX of the Colorado Constitution is as clear as plain words can communicate that the requirements
of Article XXIX do not apply to home rule municipalities. The IEC attempts to interpret the second sentence
of Section 7, Article XXIX to have the exact same meaning as the first sentence. Section 6 of Article XXIX
states that any person found to have breached the public trust for private gain shall be liable for double the
M EMORANDUM & PLANNING, LLC
Avon Town Council
IEC Position Statement 16-01
February 12, 2017
Page 2 of 2
amount of the financial equivalent of any benefit obtained.” Presumably, this process is through a
compliant filed by a citizen with the IEC. The Avon Town Code of Ethics has different provisions for
enforcement and penalties.
I am providing this memorandum as an update for Council’s awareness. I do not believe any action by the
Town Council is required and it is my opinion that the Town of Avon can continue to use the Avon Town
Code of Ethics as written because Section 7 of Article XXIX clearly states that Article XXIX does not apply
to home rule communities that have adopted its own gift regulations.
The Avon Town Council also has the following options:
1. Amend the Avon Town Code of Ethics to adopt the same language as in Article XXIX as well as
define attendance at events financially sponsored by Town as not gifts, but rather related to the
performance of official duties.
2. Request the IEC to provide an interpretation of Avon’s Gift Reporting regulations. NOTE: the IEC’s
interpretation is not binding on the Town, rather, it is only an interpretation of how the IEC may
interpret a matter in the future.
However, to be clear, I am not suggesting or recommending that Avon take any action at this time. I am
monitoring how CML and other home rule cities are responding, if at all, to the IEC Position Statement 16-
01. I will let Council know if there are any examples of other home rule communities who are revising their
gift regulations due to IEC Position Statement 16-01. CML’s January 6 Newsletter reported on the IEC
Position Statement and said that CML is pulling together a group of attorneys to examine next steps.
Ideally, CML would file a declaratory judgement action on behalf of home rule communities to ask the
courts to rule whether the second sentence of Section 7 means what it plainly says.
Thank you, Eric
ATTACHMENTS: IEC Position Statement
City of Denver Letter
Comment Letter Submitted on Behalf of Town of Avon
HEIL LAW & PLANNING, LLC OFFICE: 970.468.0635
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HEIL LAW
December 16, 2016
Independent Ethics Commission
1300 Broadway, Suite 240
Denver, CO 80203
Sent VIA E-Mail only to IECINFO@STATE.CO.US
RE: Draft Position Statement addressing Colorado’s Home Rule Cities and Counties and Article XXIX of
the Colorado Constitution
Dear Commissioners,
I serve as the Town Attorney for the Town of Avon, a Colorado home rule municipal corporation. I
respectfully provide these comments on behalf of the Town of Avon.
The Town of Avon respectfully requests the Independent Ethics Commission (“IEC”) NOT adopt a
Position Statement which attempts to supersede home rule authority in contravention of the language in
Article XXIX of the Colorado Constitution (“Amendment 41”). The elected officials of the Town of Avon,
the Avon citizenry and the local media give great attention to achieving and implementing the highest
ethical standards of local government in all respects, including regulation of gifts.
The Town of Avon Code of Ethics has been revised and updated several times over the last six years in
response to community concerns. In many respects, the Avon Town Code of Ethics is more stringent than
the State Standards of Conduct, which was a direct reflection of community values after many well
publicized discussions and meetings with significant citizen involvement. The Avon Town Code of Ethics
was amended in 2012 to adopt and codify home rule regulations concerning gift reporting, conflicts of
interest and penalties for violations. The excerpts of Avon’s Town Code of Ethics is attached for your
convenience and as an example of local implementation of gift regulation by a home rule community.
I would like to share one instance of local circumstances to illustrate that local ethical consideration is
not a simple measurement that fits under a state-wide rule. Avon’s economy is primarily a resort and visitor
economy. The Town of Avon appropriates substantial funds each year to support a wide variety of events
that promote and enhance the resort and visitor economy. The visitor economy accounts for well over half
of the local economy and local municipal budget. Many of these events are ticketed events and include
music concerts, festivals, ski race events, and summer race events. The elected officials, the local
business community and the general public actively review and debate the merits of events and the
appropriate level of municipal funding each year.
It has been common practice for many decades to provide admission tickets at no cost to elected
officials and appropriate town staff to permit observation and understanding of such events. The ticket
value of many of these events often exceeds the adjusted gift amount in Amendment 41. The Town Code
of Ethics requires disclosure and reporting by the Town Clerk of all such event tickets under its local gift
& PLANNING LLC
Independent Ethics Commission
Letter re: Draft Position Statement
December 16, 2016
Page 2 of 2
reporting regulations. Rather than engage in a philosophical debate of whether such event tickets are
“gifts”, “compensation”, or simply admittance to restricted areas for performance of official duties, the Town
has chosen to openly disclose event tickets to the community and local media for awareness and any
scrutiny deemed appropriated by any member of the public. This disclosure and reporting occurs in the
regular Avon Town Council meeting packets, is incorporated into the official meeting minutes and is readily
accessible on the Town’s website. This approach has worked very well for the Avon community.
Additionally, Avon’s penalty section for gift violations is far more punitive than Amendment 41.
The Town of Avon respectfully requests reconsideration of the need and value of a Position Statement
that attempts to supersede home rule authority. Avon’s approach to gift reporting and regulation is different
from the requirements of Amendment 41, but in a manner which the Avon community believes is more
effective and appropriate for our community, and is certainly no less ethical than the Colorado constitutional
provisions. Avon also urges the IEC to appreciate the structural checks and balances and oversight that
occurs at the municipal level, particularly with regard to election of local officials and constitutional rights of
recall combined along with open meetings laws and open records laws.
Based upon Colorado case law concerning home rule authority and constitutional interpretation,
Section 7, Article XXIX, Colorado Constitution clearly authorizes home rule counties and municipalities to
adopt their own regulations concerning gifts so that Article XXIX does not apply. According to the logic of
the Draft Position Statement, the first sentence of Section 7, Article XXIX is definitive and the second
sentence has no effective meaning whatsoever. Essentially the Draft Position Statement attempts to say
that home rule counties and municipalities may adopt their own regulations provided they are the same or
more stringent than Amendment 41. Comment letters from other local governments and CML thoroughly
recite Colorado case law.
Section 5(1), Article XXIX, Colorado Constitution authorizes the IEC to issue “advisory opinions” as well
as adopt “rules”, “standards of conduct” and “reporting requirements”. Article XXIX does not authorize the
IEC to issue “position statements”. The IEC is respectfully urged to reconsider if a “position statement” that
attempts to supersede home rule authority in Section 7 is appropriate under the IEC’s constitutional
authority. Avon respectfully suggests that it is appropriate for the IEC to adopt an “advisory opinion” which
lists the “matters covered by this article” to be addressed by a home rule community whereby the IEC will
then consider Article XXIX as not applying to such home rule community. Such an advisory opinion
would provide meaningful guidance to home rule communities. Such matters to be adopted in home rule
gift regulations should include: (1) definition of “gift”; (2) regulations concerning restrictions and reporting of
gifts; (3) enforcement; and (4) penalties. However, the IEC should not attempt to impose or impute the
standards in Article XXIX on home rule counties and municipalities that adopt their own gift regulations. An
Advisory Opinion which stated the matters to be addressed without attempting to mandate the standards in
Article XXIX would follow the holding in In re Complaint Filed by City of Colo. Springs, 277 P.3d 937
(Colo.App. 2012).
Sincerely,
Eric J. Heil, Esq., A.I.C.P.
Avon Town Attorney
Attached: Excerpts from Avon’s Town Code of Ethics
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: February 14, 2017
Agenda Topic: H. A. Nottingham Park Light Replacement Project
SUMMARY
There is $125,000 budgeted in the Capital Improvement Program (CIP) budget to replace the 30‐year
old 14‐FT tall shoebox style park lights on concrete poles with energy efficient LED lights. The
program will replace the existing lights with bollard lighting consistent with fixtures recently
installed on the Eagle Valley Trail, Main Street Mall and the Performance Pavilion. The proposal is to
space them every 100‐FT which is the same spacing as the Eagle Valley Trail. The spacing of the
existing 14‐Ft tall lights ranges from 150‐FT to 300‐FT. The bollards will be painted brown to match
the bollards located adjacent to the Pavilion and on the Main Street Mall. Light fixture details can be
found on the attached manufacturer cut sheet.
The Development Code requires approval of landscaping and lighting modifications with a Minor
Development Plan application. The lighting project was approved by the Planning and Zoning
Commission at the January 17, 2017 meeting.
Due to the uncertainty of plans for the existing Town Hall area and the limited budget, Staff
proposes to replace the lights with bollards on the north side of the park this year as shown on
Figure 1. The remaining fixtures will be replaced once the final plans for the existing Town Hall site
and surrounding area are finalized and additional funds budgeted.
ATTACHMENTS
Cut sheet of proposed bollard light fixture.
Figure 1. Map of proposed phasing of H.A. Nottingham Park light replacement program