TC Packet 06-25-2019
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, JUNE 25, 2019
MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
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 BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
1
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA ON PAGE 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:05 PM
1. CALL TO ORDER AND ROLL CALL 5:05
2. APPROVAL OF AGENDA (MAYOR SMITH HYMES)
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
[AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE
TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.] 5:10
4. BUSINESS ITEMS
4.1. PRESENTATION AND DIRECTION REQUESTED: CONTRIBUTION REQUEST FOR EAGLE COUNTY LOAN FUND
(KIM BELL WILLIAMS, EAGLE COUNTY) (20 MINUTES) 5:15
4.2. PUBLIC HEARING: SOUND PERMIT APPLICATION FOR A TASTE OF NATURE GALA FUNDRAISER AT WALKING
MOUNTAINS SCIENCE CENTER (DEPUTY TOWN MANAGER PRESTON NEILL) (5 MINUTES) 5:35
4.3. PRESENTATION: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 2018
(ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT) (20 MINUTES) 5:40
4.4. PUBLIC HEARING: RESOLUTION 19-08 GENERAL FUND BUDGET AMENDMENT
(ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT) (25 MINUTES) 6:00
4.5. PUBLIC HEARING: RESOLUTION 19-14, FINAL PLAT FOR LOT 5, RIVERFRONT SUBDIVISION
(PLANNING DIRECTOR MATT PIELSTICKER) (15 MINUTES) 6:25
4.6. PUBLIC HEARING: SECOND READING ORDINANCE 19-01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE
FEE WAIVERS AND TAX EXEMPTIONS FOR COMMUNITY HOUSING PROJECTS (TOWN MANAGER ERIC HEIL)
(20 MINUTES) 6:40
4.7. INTERVIEWS AND APPOINTMENT OF ONE PLANNING AND ZONING COMMISSION MEMBER
(PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 7:00
4.8. RESOLUTION 19-13 APPOINTING PAUL WISOR AS THE TOWN ATTORNEY AND APPROVING THE AGREEMENT FOR
LEGAL SERVICES WITH GARFIELD & HECHT, P.C. (TOWN MANAGER ERIC HEIL) (5 MINUTES) 7:30
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, JUNE 25, 2019
MEETING BEGINS AT 5:05 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
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 BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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4.9. APPROVAL OF MINUTES FROM JUNE 11, 2019 REGULAR COUNCIL MEETING
(DEPUTY TOWN MANAGER PRESTON NEILL) (5 MINUTES) 7:35
5. WRITTEN REPORTS
5.1. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
5.2. ABSTRACT FROM JUNE 18, 2019 PLANNING AND ZONING COMMISSION MEETING
6. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 7:40
7. ADJOURNMENT 7:55
_________________________________________________________________________________________________________________________________________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members
of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda
and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit
public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public
comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public
Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
FUTURE AGENDAS:
July 9, 2019: Overview of Legal Authority to Regulate Polystyrene, Single Use Plastic Products, and
Plastic Bottles
August 13, 2019: Review and Direction on Eagle River Water Quality Improvement Efforts
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, JUNE 25, 2019
MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO
_______________________________________________________________________________
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 BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
3
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 [AN INITIAL THREE
(3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE TIME AT THE END OF
THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.]
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: WALKING MOUNTAINS SCIENCE CENTER
EVENT NAME: A TASTE OF NATURE
EVENT DATE: JULY 9, 2019; 5:00 P.M. UNTIL 11:00 P.M.
LOCATION: 318 WALKING MOUNTAINS LANE
EVENT MANAGER: KETHERINE BRENNAND
PERMIT TYPE: MALT, VINOUS AND SPIRITUOUS LIQUOR
5. APPROVAL OF THE MINUTES FROM JUNE 11, 2019 MEETING
6. WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7. ADJOURNMENT
Special Event Liquor Permit – A Taste of Nature
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LIQUOR LICENSING AUTHORITY REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Meeting Date: June 25, 2019
Agenda Topic: PUBLIC HEARING for Special Event Permit Application – A Taste of Nature
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY
The Town Council, acting as the Local Liquor Licensing Authority, will consider a Special Events Permit
Application for the upcoming A Taste of Nature special event. A public hearing is required before final action
is taken.
Applicant Name: Walking Mountains Science Center
Event Name: A Taste of Nature
Event Date: July 9, 2019; 5:00 p.m. until 11:00 p.m.
Location: 318 Walking Mountains Lane
Event Manager: Katherine Brennand
Permit Type: Malt, Vinous & Spirituous Liquor
PROPOSED MOTION
“I move to approve (or deny based upon statutory grounds for denial) the Special Events Permit
application for the A Taste of Nature special event on July 9, 2019.”
SUMMARY
The Applicant has submitted the appropriate materials required by the State of Colorado Liquor
Enforcement Division and all materials are in order.
The 318 Walking Mountains Lane premise has been posted with notice of the public hearing for this
application. The event manager will be present to answer questions about the application. The
Applicant has adequate proof of commercial liability insurance that meets the Town’s requirements.
The background checks indicated no criminal violations. The Applicant has submitted the
appropriate local liquor license special event permit application fees.
The Applicant is a Charitable Organization in good standing with the Secretary of State, State of
Colorado. These documents are on file in the Town Clerk’s office.
BACKGROUND
Special events permits are issued by the Local Licensing Authority to allow particular types of organizations,
municipalities, and political candidates to sell, serve or distribute alcohol beverages in connection with public
events. Avon has adopted the local option whereby applications are made directly to the Avon Local
Licensing Authority. Special event permits may only be issued for prescribed hours on a single day. A
nonprofit entity and the Town of Avon may receive a maximum of 15 special event permits per calendar
Special Event Liquor Permit – A Taste of Nature
P a g e | 2
year. There is no required finding for the issuance of a special event permit. CRS §12-48-106 states the
grounds for denial of a special event permit application as follows:
“The state or local authority may deny the issuance of a special event permit upon the grounds that
the issuance would be injurious to the public welfare because of the nature of the special event, its
location within the community, or the failure of the applicant in a past special event to conduct the
event in compliance with applicable laws.”
SPECIAL EVENTS PERMIT APPLICATIONS ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Application for a Special Event Permit (State form DR 8439)
✓ Alcohol Management Plan
✓ Diagram where liquor will be served
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 11, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Smith Hymes called the meeting to order at 5:03 p.m. A roll call was taken and Board members
present were Amy Phillips, Scott Prince, Jennie Fancher, Tamra Underwood, Jake Wolf and Chico Thuon. Also
present were Town Manager Eric Heil, Police Chief Greg Daly, Town Engineer Justin Hildreth, Planning Director
Matt Pielsticker and Deputy Town Manager Preston Neill.
2. APPROVAL OF AGENDA
There were no changes to the agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
No public comments were made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: TOWN OF AVON
EVENT NAME: BENCHES OF AVON KICK OFF
EVENT DATE: JUNE 13, 2019; 5:00 P.M. UNTIL 7:30 P.M.
LOCATION: 1 LAKE STREET/MAIN STREET MALL
EVENT MANAGER: PRESTON NEILL
PERMIT TYPE: MALT, VINOUS AND SPIRITUOUS LIQUOR
Chairwoman Smith Hymes opened the public hearing and no comments were made.
Holli Snyder and Krista DeHerrera spoke to Council about the Benches of Avon Kick Off event.
Board member Fancher moved to approve the Special Events Permit application for the Benches of Avon Kick
Off special event on June 13, 2019. Board member Underwood seconded the motion and it passed
unanimously.
5. APPROVAL OF THE MINUTES FROM MAY 28, 2019 MEETING
Board member Underwood moved to approve the minutes from the May 28, 2019 Liquor Licensing Authority
Meeting. Board member Fancher seconded the motion and it passed on a vote of 6 to 0. Board member Chico
Thuon abstained from the vote.
6. WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7. ADJOURNMENT
There being no further business to come before the Board, Chairwoman Smith Hymes adjourned the Liquor
Licensing Authority meeting. The time was 5:08 p.m.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 11, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 2
RESPECTFULLY SUBMITTED:
____________________________________
Preston Neill, Deputy Town Manager
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra Underwood ________________________________
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: June 25, 2019
Topic: REPORT ON RECENT ADMINISTRATIVE APPROVALS
SUMMARY:
The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor
license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers,
and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no criminal activity on the
background and there are no liquor code violations during the last year. Renewals and Special Event Permits
require notice to be posted for seven days and require the Town Clerk to accept comments and/or requests
for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer
the application to the Avon Town Council. The Town Clerk is required to report administrative approvals,
which is the reason for this written report. Dating back to June 11, 2019, the Town has received one Liquor
Special Events Liquor Permit Application that has met all the requirements for administrative review and
approval and was ultimately approved by the Town Clerk. No comments, complaints, or request for
hearing were received. It is as follows:
Special Event Permit:
Applicant: Town of Avon
Event: Avon LIVE!
Dates: June 19 & 26; July 10, 17, 24 & 31; August 14, 2019 5:00 p.m.-9:00 p.m.
Location: 1 Lake Street/Avon Performance Pavilion
Manager of Event: Preston Neill
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Deputy Town Manager
Date: June 25, 2019
Topic: PRESENTATION AND DIRECTION REQUESTED: CONTRIBUTION REQUEST FOR EAGLE COUNTY LOAN FUND
SUMMARY
Kim Bell Williams with Eagle County will attend Tuesday’s Council meeting to make a presentation on the
Eagle County Downpayment Assistance Programs and to describe the fundraising goals for the Eagle
County Loan Fund.
ATTACHMENTS
Eagle County Downpayment Assistance Programs Presentation
Eagle County Downpayment
Assistance Programs
1
2
EC Down Payment Assistance
•DPA loans are recorded as second mortgages
for 15 year terms
•Borrower must contribute at least half of the total
DPA loan amount
•Borrower must maintain the home as their
primary residence as long as the loan is
outstanding
•Most loans are repaid upon sale or refinance
•DPA loans work with deed restricted and free
market properties
2
Fund Summary
Eagle County Loan Fund (ECLF)
•Homebuyers under 160% AMI
•$600,000 max purchase price
•Owners/buyers must live and work in EC
•Loan term 15 years, most equity share
3
Colorado Division of Housing (CDOH)
•Homebuyers under 80% AMI
•Partnership with Habitat for Humanity
•2015-2018 23 loans, $345,000
Employee Home Ownership Program (EHOP)
•Eagle County Government employees only
•Can be stacked behind ECLF
•No income cap, no max purchase price
Historical
ECLF Review
through 2018
ECLF helped 72 families
purchase homes in Avon since
the start
❖352 loans total
❖$5,013,118 in loan volume
•146 loans in current
portfolio
•$2,028,967 in loan volume
in current portfolio
4
2018 ECLF
Review
ECLF helped 6 families
purchase homes in Avon
in 2018
A record year for ECLF
•50 loans approved
•$657,413 in loan
volume
5
ECLF Historical Funding
Due to the self revolving nature
of the program there has been
a minimal demand for funding
Last time the fund received a
substantial grant was 2009
Average ROI is 16%
($2,400 in shared appreciation
paid for a $15,000 loan)
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ECLF FUNDING 2005-2018
Funding Source Amount
Eagle County and Lake
Creek Village Apartments $740,000
Donations $292,775
Interest Repaid $386,805
Principal Repaid $2,387,687
Total $3,807,267
ECLF Funding Plan in 2019
•24 Month Repayment (goal $30,000)
○Proactive reminder for waived
equity share appreciation if paid
off within 2 years, potentially 62
borrowers
•Incentive (goal $70,000)
○50% reduction in equity share
appreciation to borrowers who
payoff before 10/01/2019
•Lower Loan Amount
○Maximum loan amount lowered
from $15,000 to $10,000 as of
3/1/2019
•In 2023, 18 loans will be due equalling
$469,221 in principal
7
Maximum loan amount was
increased back to $15,000 on
6/1/2019
5 Borrowers, totaling $65,000,
have paid back as a result
9 Borrowers, totaling $115,085,
have paid back as a result
($8,160 in interest has been
reduced)
2019 ECLF pacing
ECLF off to a busy start
•16 loans have closed YTD, totaling $192,500
•3 loans are approved and will close in June & July 2019
•2 loans are under review and if approved will close in August
2019
With loans closed and loans pending, the estimated fund
balance is $300,905
Enough for 20 loans at $15,000
8
9
Ask -$500,000 goal for donations in 2019
Eagle County Commissioners will match all donations up to $250,000
•$200,000 -Gypsum, Eagle, Avon, Vail, Minturn, Red Cliff
•$30,000 -Vail Board of Realtors
•$10,000 -Community Reinvestment dollars from local banks
•$5,000 -Vail Valley Partnership/local businesses
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TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: June 25, 2019
Agenda Topic: PUBLIC HEARING: SOUND PERMIT APPLICATION FOR A TASTE OF NATURE GALA FUNDRAISER AT WALKING
MOUNTAINS SCIENCE CENTER
ACTION BEFORE COUNCIL
Council is asked to consider approving an Amplified Sound Permit to extend the hours of use on Wednesday,
July 9, 2019, to 10:30 p.m. as requested by Walking Mountains Science Center for the Taste of Nature
fundraising event.
PROPOSED MOTION
“I move to approve the Outdoor Amplified Sound Permit for Walking Mountains Science Center on Tuesday, July
9, 2019, to extend the hours to 10:30 p.m.
BACKGROUND
A public hearing is required for Outdoor Use of Amplified Sound for events in any non-commercial zone that will
be using amplified sound systems before 9:00 a.m. or after 8:00 p.m. (Avon Municipal Code Chapter 5.24.020).
The Taste of Nature start time for Tuesday, July 9, 2019 is 5:30 p.m. and the proposed end time is 10:30 p.m.
A PUBLIC NOTICE was published for the public hearing, as required in the Avon Municipal Code, on Tuesday,
June 18, 2019. The notice was also published in the Vail Daily. The applicant has been invited to attend the
meeting.
Information for Issuing Outdoor Amplified Sound Permits:
Chapter 5.24 of the Avon Municipal Code provides the framework for issuing this type of permit. Council, in
making its decision to issue the Amplified Sound Permit, may consider the following:
• Comments by the public.
• Necessity of the permit for the cultural, historical or social benefit of the community.
• Proximity of the proposed location to residential neighborhoods.
• Proposed direction of sound projection.
• Screening of sound from neighboring properties.
• Compatibility with other uses and activities in the vicinity.
Council may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the
community or surrounding neighborhood.
Attachments:
Attachment 1 – Application for Outdoor Use of Amplified Sound Equipment
Attachment 2 – Diagram of Event Showing Amplified Sound Projections
ATTACHMENT 1
Walking Mountains – A Taste of Nature Sound Amplification
Diagram:
Description: The speakers are placed as shown above in a 45’ X 90’ tent with walls.
Sound might carry to the creek.
ATTACHMENT 2
Town of Avon
2018 Audit Presentation
Audit Requirements
Town Charter
Colorado State Statutes
Bond Offering Documents
Credit Rating Agencies
Financial Institutions
Federal Government (Single Audit)
Auditing Standards
Financial Audit –independent assessment
of whether an entity’s reported financial
information are presented fairly in
accordance with an applicable financial
reporting framework
Compliance Audit –includes reporting on
internal control over financial reporting and
an opinion on compliance
Primary Objective -Audit Opinion
Independent assessment (Audit opinion) is arrived at by evaluating the audit evidence gathered during the engagement and documented in the audit workpapers
Audit engagement considerations –changes in the entity’s control environment, inherent risk, nature of the entity’s business, and audit scope
Audit planning –reliability of internal control structure and procedures and analytical review
Control testing
Substantive tests –financial statement assertions
Financial Highlights
Total Net Position -$94.991 million
2018 decrease –$315 thousand
Total governmental fund balances –$16.3 million
Unassigned fund balance -$5.6 million or 33.7% of total General Fund expenditures
Principal payments on debt -$1,317,596
New debt -$258,258
Financial Analysis -Taxes
Property taxes increased by $93,086 due to an increase in assessed values. Net assessed values increased by 5.6% or $10,921,350.
Property tax increment revenues from the Avon Urban Renewal Authority increased by $292,869 from the prior year also due to the increase in assessed values.
Sales taxes increased by $374,366 or 4.6% from the previous year while accommodations taxes were essentially flat with an increase of $370.
The Village at Avon retail sales fees (classified as a tax) increased by $21,744.
Real estate transfer tax collections decreased by $827,541 or 18.6%, from $4,448,666 in 2017 to $3,621,125 in 2018. The 5-year average is $3,540,247.
Financial Analysis –Other
Revenue
License and permit revenues increased by $24,549 from the previous year.
Construction permit values increased $4,434,517 in total from the prior year with commercial permits valued at $37,542,440 and residential construction valued at $15,120,198. Building permit fees, business licenses and contractors licenses all increased from the prior year.
Intergovernmental revenues increased in 2018 by $469,394. State and County shared revenues increased by $58,362. Capital project grants increased by $420,000 due to grants received from GOCO ($350,000) for a new Destination Jump Splash Learn playground, and from the Colorado Health Foundation ($140,000) for a fitness court.
Investment earnings increased in 2018 by $220,001 due to higher yields offered by investments in U.S Government Treasury and Agency securities and by the Colotrust local government investment pool that the Town utilizes.
Financial Analysis –Expenditures
Overall, total governmental fund expenditures decreased by $2,230,581 in 2018, largely due to an increase in the area of capital improvements along with small increases in operating costs within departmental budgets.
One major capital improvement project was completed during the 2018 year -New Town Hall improvements -with 2018 expenditures of $4,437,428 and total project expenditures of $4,716,259.
Another major project still in progress at December 31, 2018 was the East and West Beaver Creek Blvd. Street Rebuild project with 2018 expenditures of $2,314,992, which represents 57 percent of the total project budget of $4,025,943.
Other smaller projects completed in 2018 included the Destination Jump Splash Learn playground ($422,230), fiber optics from the Public Safety Facility to New Town Hall ($58,710), completion of the Eaglebend Dr. and Nottingham Rd. repaving project ($304,437), and the Hahnewald Barn predesign/feasibility study ($106,015).
Departmental operating expenditures remained stable with increases due mainly to staffing additions, continuation of the Town’s salary step program, and small increases in group health insurance and commodities.
Fund Balances
Total ending fund balances = $16,336,025, a decrease of
$3,464,649
◦$2,672,077 is externally restricted
◦$8,052,907 committed or assigned
◦$5,611,041 unassigned
Unassigned fund balance represents 33.7% of General Fund
expenditures
General Fund fund balance increased by 8.4% or $489,451
Bonds payable debt decreased by $1,366,287 during the current fiscal
year. All regular principal payments were made.
One new capital lease in the amount of $258,258 for solar panels was
issued. Capital lease principal payments of $228,994 we made.
Total outstanding bonds payable equals $21,323,582 at December 31,
2018.
The Avon Town Charter limits the amount of general obligation debt the
Town may issue to 25% of assessed valuation of all taxable property
within the Town, or $15 million, whichever is greater. The current legal
debt margin for the Town is $51,225,982.
The Town has no outstanding general obligation bonds outstanding as of
December 31, 2018.
Debt
Page 1
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Scott Wright, Asst. Town Manager / Finance Director
Date: June 25, 2019
Re: 2019 General Fund Supplemental Budget Amendment Resolution No. 2019-08
Introduction
It has been the practice to adopt a supplemental budget amendment in order to update beginning
fund balance estimates and generally recognize revisions to the budget that were not identified at the
time the budget was originally adopted.
This resolution amends the General Fund. Additional budget amendments for other Town operating
funds will occur during the final revision process later in the year.
Below is a summary of the proposed budget revisions and the estimated impacts to the fund balance.
The level of fund balances continues to be positive and meets Town policy.
General Fund
A number of revisions to the 2019 General Fund budget have accumulated since the original budget
was adopted last December. These revisions include an increase in estimated general fund revenues
of $97,819, a net increase in operating budget appropriations of $188,816, a decrease in contingency
of $55,000, and a decrease in operating transfers-out of $120,000. The net result of these changes is
a positive increase to fund balance of $84,003. This amount, together with the revision of the
beginning fund balance of $432,844, results in a revised estimated ending fund balance for 2019 of
$6,319,386 or a positive variance compared to the original budget of $516,547.
A summary of the proposed changes is listed below:
Revenues
• Highway users tax revenues are being increased by $43,244 to recognized an additional one-
time revenue share-back from the State;
• A DOLA grant of $25,000 for ½ of the cost of the Opportunity Zone Prospectus.
• A Post I70 grant of $7,570 for police training.
• Recognition of $16,005 for increases in swim classes.
• Police forfeiture funds of $6,000.
Page 2
Expenditures
• Net $210,364 in personnel cost savings. Similar to previous years, it is fairly typical to have
several personnel changes. The personnel cost savings this year relate primarily to vacancies,
retirements and delays in hiring new positions in the Town Clerk's office, Municipal Court,
Town Manager, Finance, Human Resources, Building Inspection, Police, Roads and Streets, and
Recreation.
• $230,997 in new personnel positions and increases to part-time wages. The following new full-
time positions are being requested:
o Executive Assistant to Town Manager
o Police Officer Recruit
o Public Works Operator I
Part-time wages are being requested in the following areas:
o $3,000 for the Town Clerks admin assistance
o $11,054 for additional admin assistance in the Police Dept.
o $22,315 in Patrol for part-time shift coverage due to injuries and vacancies
o $30,400 in Aquatics for realignment of lifeguard job assignments and overlapping shift
differential pay.
o $28,300 in Community Swim Program for increases in swim classes.
• Other material revisions include the following:
o $3,500 for costs of Town survey related to the Hahnewald barn.
o $50,000 to pursue Opportunity Zone Prospectus. DOLA grant of $25,000 to be secured
to offset this cost.
o $28,477 in increased CIRSA property and casualty premiums.
o $7,288 for CIRSA and Pinnacol deductibles in the Police Department.
o $8,214 for new Sergeant's desks and computers and an id printer.
o $33,448 for unexpected mold remediation and repairs of the employee housing at
Saddleridge.
o $19,306 for software upgrade and software consulting for Heat Recovery.
o $30,000 to fund second means of egress for 351 Benchmark building.
o $11,368 for additional port-a-lets overlooked during the budget process.
o $20,735 for insurance deductibles in Roads and Streets
o ($59,805) reduction in contract services to fund the new Public Works Operator I
position.
o ($120,000) reduction in operating transfers-out to the Capital Projects Fund for asphalt
overlay costs. The requirement to fund the asphalt overly escrow in partnership with
Traer Creek was terminated in 2018 based on the amount of gross retail sales achieved
within the Village at Avon during 2018. A total of $658,421 remains in the escrow
account.
The following items have previously been approved by Town Council for transfer from the General
Fund contingency.
• $25,000 for CIP11012 Town Hall;
• $30,000 for the egress costs at 351 Benchmark.
Page 3
The net result of these changes revises the current year net source (use) of funds from a deficit of
$62,659 to a surplus of $15,344. After these revisions, the General Fund undesignated reserves, which
represents fund balances over and above the required 25% minimum, is increased by $465,428 to a
total of $1,316,199.
Attachments:
A. Resolution No. 2019-08
B. General Fund Supplemental Amendment No. 1
Res. No. 19-08
June 25, 2019
Page 1 of 2
TOWN OF AVON, COLORADO RESOLUTION NO. 19-08
SERIES OF 2019
A RESOLUTION TO AMEND THE 2019 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2019 BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2019 AND ENDING ON THE LAST DAY OF DECEMBER 2019
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2019 budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for all operating funds for 2019; and
WHEREAS, the Town Council finds it necessary to amend the 2019 budget to
more accurately reflect the revenues and expenditures for 2019; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the following funds are
revised as follows for 2019:
Original or
Previously
Amended
2019 Budget
Current
Proposed
Amended
2019 Budget General Fund Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 5,380,433
17,203,269
17,271,928
$ 6,304,042
17,301,088
17,285,744
Ending Fund Balance
$ 5,311,774
$ 6,319,386
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
ATTACHMENT A
Res. No. 19-08
June 25, 2019
Page 2 of 2
Section 3. That the budget hereby approved and adopted shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 25th day of June, 2019.
AVON TOWN COUNCIL
By:___________________________ Attest:________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ATTACHMENT A
Original or
Adopted Amended Difference
Actual Budget Budget Increase
2018 2019 2019 (Decrease)
REVENUES
Taxes 13,067,960$ 13,446,397$ 13,446,397$ -$
Licenses and Permits 354,585 344,100 344,100 -
Intergovernmental 1,009,176 925,585 1,001,399 75,814
Charges for Services 1,662,196 1,569,376 1,585,381 16,005
Fines and Forfeitures 52,220 65,200 71,200 6,000
Investment Earnings 282,054 175,000 175,000 -
Other Revenue 499,933 437,500 437,500 -
Total Operating Revenues 16,928,123 16,963,158 17,060,977 97,819
Other Sources
Transfer-In From Capital Projects Fund 233,117 240,111 240,111 -
Total Other Sources 233,117 240,111 240,111 -
TOTAL REVENUES 17,161,240$ 17,203,269$ 17,301,088$ 97,819$
EXPENDITURES
General Government 3,624,522$ 3,847,696$ 3,765,991$ (81,705)$
Community Development 1,342,798 1,492,126 1,550,596 58,470
Public Safety 3,690,530 3,889,510 3,974,829 85,319
Public Works 4,198,368 4,438,103 4,489,554 51,451
Recreation 1,585,571 1,634,493 1,709,774 75,281
Total Operating Expenditures 14,441,789 15,301,928 15,490,744 188,816
Contingency - 100,000 45,000 (55,000)
Other Uses
Transfers-Out to Capital Projects Fund 480,000 120,000 - (120,000)
Transfers-Out to Transit 1,200,000 1,200,000 1,200,000 -
Transfers-Out to Fleet Maintenance 550,000 550,000 550,000 -
Total Other Uses 2,230,000 1,870,000 1,750,000 (120,000)
TOTAL EXPENDITURES 16,671,789 17,271,928 17,285,744 13,816
NET SOURCE (USE) OF FUNDS 489,451 (68,659) 15,344 84,003
FUND BALANCES, Beginning of Year 5,814,591 5,871,198 6,304,042 432,844
FUND BALANCES, End of Year 6,304,042$ 5,802,539$ 6,319,386$ 516,847$
FUND BALANCES:
Restricted For:
3% TABOR Emergency Reserve 693,001$ 688,786$ 693,001$ 4,215$
Unassigned:
25% Minimum Reserve Balance 4,047,947 4,262,982 4,310,186 47,204
Undesignated, Unreserved 1,563,094 850,771 1,316,199 465,428
TOTAL FUND BALANCES 6,304,042$ 5,802,539$ 6,319,386$ 516,847$
Fund Summary
General Fund #10
Supplemental Amendment No. 1
ATTACHMENT B
Page 1
Original or
Prev. Amend.Amended Difference
Account Actual Budget Budget Increase
Number Description 2018 2019 2019 (Decrease)
Taxes:
51101 General Property Tax 1,829,624$ 1,874,034$ 1,874,034$ -$
51102 General Property Tax - Delinquencies 181 500 500 -
51103 General Property Tax - Interest 1,485 1,500 1,500 -
51104 General Property Tax - Abatements (379) - - -
51201 Specific Ownership Tax 105,234 105,000 105,000 -
51301 Sales Tax 8,425,432 8,510,145 8,510,145 -
51302 Utility Tax 105,881 105,000 105,000 -
51303 Accommodation Tax 1,334,306 1,373,418 1,373,418 -
51304 Penalties and Interest 41,713 35,000 35,000 -
51305 Sales Tax Audit Assessments 8,795 10,000 10,000 -
51307 VAA Retail Sales Fee 785,659 826,800 826,800 -
51308 Cigarette Excise Tax - 150,000 150,000 -
51309 Tobacco Add-on Sales Tax - 25,000 25,000 -
51402 Franchise Fees 430,029 430,000 430,000 -
51000 Total Taxes 13,067,960 13,446,397 13,446,397 -
Licenses and Permits:
52101 Liquor Licenses 9,730 12,500 12,500 -
52102 Business Licenses 91,825 95,000 95,000 -
52103 Contractor's Licenses 12,095 10,500 10,500 -
52104 Tobacco/Cigarette Licenses 1,500 2,500 2,500 -
52201 Building Permits 235,059 215,000 215,000 -
52205 Road Cut Permits 4,026 8,000 8,000 -
52207 Mobile Vendor Cart Permits 350 600 600 -
52000 Total Licenses and Permits 354,585 344,100 344,100 -
Intergovernmental:
Federal Grants:
53106 Click It or Ticket 2,225 5,500 5,500 -
53107 Ballistic Vests 1,600 2,000 2,000 -
State Grants
53206 High Visibility Grant 20,923 20,000 20,000 -
53207 POST I70 Training Grants 43,459 14,350 21,920 7,570
53299 Other State Grants (DOLA)- - 25,000 25,000
Local Government/Other Agency
53900 Eagle River Youth Coalition 8,823 5,000 5,000 -
Subtotal: Grants 77,030 46,850 79,420 32,570
Revenue Detail
General Fund
Supplemental Amendment No. 1
ATTACHMENT B
Page 2
Original or
Prev. Amend.Amended Difference
Account Actual Budget Budget Increase
Number Description 2018 2019 2019 (Decrease)
Revenue Detail
General Fund
Supplemental Amendment No. 1
State/County Shared Revenue:
53301 Conservation Trust 66,524 72,000 72,000 -
53302 Motor Vehicle Registration 24,194 24,800 24,800 -
53303 Highway User's Tax 234,437 181,675 224,919 43,244
53304 Cigarette Tax 23,525 - - -
53305 County Sales Tax 447,938 463,500 463,500 -
53306 Road & Bridge Fund 134,741 135,760 135,760 -
53308 State Severance Tax 787 1,000 1,000 -
Subtotal: Shared Revenue 932,146 878,735 921,979 43,244
53000 Total Intergovernmental 1,009,176 925,585 1,001,399 75,814
Charges for Services:
General Government:
54102 Photocopying Charges 10 100 100 -
54103 License Hearing Fees - 100 100 -
54104 Other Fees and Charges 3,338 2,000 2,000 -
54105 CC & Paper Filing Fees 2,591 2,500 2,500 -
54201 Plan Check Fees 76,116 50,000 50,000 -
54203 Design Review Fees 24,725 22,000 22,000 -
54204 Animal Control Fees - 150 150 -
54206 Fire Impact Fee Administration Fees 2,968 1,500 1,500 -
54301 Police Reports 692 500 500 -
54302 Police Extra Duty 57,835 25,000 25,000 -
54303 Fingerprinting Fees 4,287 - - -
54304 VIN Inspection Fees 1,035 750 750 -
54305 False Alarm Fees/Misc Police Dept Fees 175 75 75 -
54306 National Night Out 3,219 2,500 2,500 -
54399 DUI Reimbursement 26,403 35,000 35,000 -
Subtotal: General Govern.203,394 142,175 142,175 -
Recreation Facility:
54601 Admission Fees 986,743 915,000 915,000 -
54602 Program Fees 83,027 94,580 110,585 16,005
54603 Rentals 51,867 42,500 42,500 -
54604 Merchandise Sales 8,340 8,500 8,500 -
54606 Rec Center Services 10,471 10,000 10,000 -
54607 Fitness Program Revenues 63,251 50,125 50,125 -
ATTACHMENT B
Page 3
Original or
Prev. Amend.Amended Difference
Account Actual Budget Budget Increase
Number Description 2018 2019 2019 (Decrease)
Revenue Detail
General Fund
Supplemental Amendment No. 1
Other Recreation:
54651 Adult Program Revenues 21,606 24,921 24,921 -
54652 Cabin Equipment Rentals 32,857 25,000 25,000 -
54653 Athletic Field Rentals 1,678 2,000 2,000 -
54655 Youth Program Revenues 177,395 215,625 215,625 -
Special Events:
54676 Sponsorships 6,500 20,000 20,000 -
54678 Event Fees 5,800 5,450 5,450 -
54679 Special Event Admission Fees 9,267 13,500 13,500 -
Subtotal: Recreation 1,458,802 1,427,201 1,443,206 16,005
54000 Total Charges for Services 1,662,196 1,569,376 1,585,381 16,005
Fines and Forfeitures:
55101 Court Fines - Traffic 30,594 40,000 40,000 -
55102 Court Fines - Criminal 9,890 11,000 11,000 -
55103 Court Fines - Parking 2,705 3,000 3,000 -
55105 Court Costs 4,846 6,000 6,000 -
55106 Jury Fees 25 100 100 -
55107 Bond Forfeitures 200 100 100 -
55110 Police Training Surcharge 3,960 5,000 5,000 -
55120 Police Forfeiture Revenue - - 6,000 6,000
55000 Total Fines and Forfeitures 52,220 65,200 71,200 6,000
Investment Earnings:
57101 Interest 282,054 175,000 175,000 -
57000 Total Investment Earnings 282,054 175,000 175,000 -
Other Revenues:
58101 Recreational Amenity Fees 278,904 275,000 275,000 -
58109 Bond Issuance Fees 10,248 10,000 10,000 -
58201 Lease of Town-Owned Property 60,875 52,500 52,500 -
58999 Miscellaneous Nonclassified Revenues 149,906 100,000 100,000 -
58000 Total Other Revenues 499,933 437,500 437,500 -
50000 TOTAL REVENUES 16,928,123$ 16,963,158$ 17,060,977$ 97,819$
ATTACHMENT B
Page 4
Department Expenditure Summaries
Original or
Adopted Amended Difference
Dept./Div.Actual Budget Budget Increase
Number Description 2018 2019 2019 (Decrease)
General Government:
111 Mayor and Town Council 224,164$ 262,117$ 283,745$ 21,628$
112 Boards and Commissions 16,135 16,049 16,049 -
113 Town Attorney 143,696 155,000 155,000 -
115 Town Clerk 112,727 120,800 100,181 (20,619)
121 Municipal Court 153,869 155,008 128,002 (27,006)
131 Town Manager 343,707 386,895 397,457 10,562
133 Community Relations 212,449 202,582 203,196 614
Subtotal General Government 1,206,747 1,298,451 1,283,630 (14,821)
Human Resources:
132 Human Resources 467,380 537,456 506,632 (30,824)
Finance and IT:
141 Finance 948,460 997,181 959,728 (37,453)
143 Information Systems 390,180 431,091 431,115 24
149 Nondepartmental 611,755 583,517 584,886 1,369
Subtotal Finance and IT 1,950,395 2,011,789 1,975,729 (36,060)
Total General Government and Finance 3,624,522 3,847,696 3,765,991 (81,705)
Community Development:
212 Planning 285,715 293,353 343,353 50,000
213 Building Inspection 150,462 177,039 180,131 3,092
215 Town Produced Events 233,029 210,019 215,397 5,378
216 Signature Event Seed Funding 402,928 500,000 500,000 -
217 Community Grants 191,902 201,000 201,000 -
218 Salute to the USA 78,762 110,715 110,715 -
Total Community Development 1,342,798 1,492,126 1,550,596 58,470
.
Police Department:
311 Administration 763,568 795,463 846,711 51,248
312 Patrol 2,634,838 2,778,057 2,812,128 34,071
313 Investigations 292,124 315,990 315,990 -
Total Police Department 3,690,530 3,889,510 3,974,829 85,319
Public Works
Engineering:
412 Engineering 241,861 275,025 275,025 -
418 Buildings and Facilities 1,261,144 1,169,504 1,251,071 81,567
Roads and Bridges:
413 Roads and Bridges 2,140,617 2,321,714 2,333,035 11,321
415 Parks and Grounds 554,746 671,860 630,423 (41,437)
Total Public Works Department 4,198,368 4,438,103 4,489,554 51,451
General Fund
Supplemental Amendment No. 1
ATTACHMENT B
Page 5
Department Expenditure Summaries
Original or
Adopted Amended Difference
Dept./Div.Actual Budget Budget Increase
Number Description 2018 2019 2019 (Decrease)
General Fund
Supplemental Amendment No. 1
Recreation Department:
514 Administration 231,723 244,297 244,300 3
515 Adult Programs 61,690 62,701 62,395 (306)
516 Aquatics 595,029 629,604 673,414 43,810
518 Fitness 156,099 136,807 136,807 -
519 Guest Services 331,601 336,180 343,483 7,303
521 Youth Programs 166,058 161,580 157,751 (3,829)
523 Community Swim Programs 43,371 63,324 91,624 28,300
Total Recreation 1,585,571 1,634,493 1,709,774 75,281
TOTAL OPERATING EXPENDITURES 14,441,789$ 15,301,928$ 15,490,744$ 188,816$
ATTACHMENT B
Page 6
Resolution 19‐14 – Lot 5, Riverfront Subdivision Page 1 of 1
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Matt Pielsticker, AICP, Planning Director
Date: June 25, 2019
Topic: PUBLIC HEARING AND ACTION ON RESOLUTION 19‐14, APPROVING A MAJOR
SUBDIVISION APPLICATION FOR LOT 5, RIVERFRONT SUBDIVISION
ACTION BEFORE COUNCIL
Before Council is action on Major Subdivision, which divides a parcel in the Riverfront Subdivision into
new parcels to coincide with the sale of the Townhouse units currently under construction.
AVAILABLE ACTIONS
‐ Continue to July 9, 2019.
‐ Approve Resolution 19‐14, thereby approving the subdivision.
RECOMMENDED MOTION
“I move to approve Resolution 19‐14, thereby approving the Major Subdivision Application for Lot 5,
Riverfront Subdivision.”
SUMMARY OF APPLICATION
The application is Phase I of a multi‐phase development and corresponding series of subdivision
applications. This development review has been combined into one combined process, for preliminary
and final plat, given the small scale of development and the proficiency inherent with one set of public
hearings. The plat under review will subdivide Lot 5 into thirteen new residential lots that correspond
to the thirteen units being constructed. The tracts created by the plat are either for future development
phases or for the private driveway connection. If the development pace continues as planned, another
Phase will proceed with six more townhouse units, as well as the condominium subdivision for the
project located on Lot 4 immediately to the east.
The Planning and Zoning Commission reviewed the subdivision at their June 18, 2019 meeting and made
a unanimous recommendation for approval. Attached to this Memorandum is the Planning and Zoning
Commission packet as well as the subdivision plat, and an illustrative site plan to orient Council.
ATTACHMENTS
1: Resolution 19‐14
2: PZC Staff Report
3: Final Plat, Riverfront Townhomes Phase I
4: Illustrative Site Plan
TOWN OF AVON
RESOLUTION 19-14
APPROVING A MAJOR SUBDIVISION APPLICATION FOR LOT 5, RIVERFRONT SUBDIVISION
WHEREAS, CRP/EWP Riverfront Avon Owner I, LLC, owner of property described as Lot 5,
Riverfront Subdivision, submitted a development application (“the Application”) to subdivide the
parcel into fifteen new lots and four new tracts; and WHEREAS, Avon Municipal Code section 7.16.070(b)(1) categorizes the Application as a Major
Subdivision, qualifying for a combined preliminary plan and final plat review pursuant to Avon
Municipal Code section 7.16.070(c); and
WHEREAS, the Avon Planning & Zoning Commission (“PZC”) held a public hearing on June 18, after publishing and posting notice as required by law, considered all comments, testimony,
evidence and staff reports provided by the Town staff prior to formulating a recommendation; and
WHEREAS, the Avon Town Council held a public hearing on June 25, 2019, after publishing and
posting notice as required by law, considered all comments, testimony, evidence and staff reports provided by the Town staff and the PZC prior to deciding on the Application; and
WHEREAS, pursuant to Avon Municipal Code sections 7.16.070(e) and 7.16.070(f), the Town
Council has considered the applicable review criteria for a Major Subdivision and found the
Application in compliance with the review criteria;
NOW THEREFORE, the Avon Town Council, hereby APPROVES the Major Subdivision application for Lot 5, Riverfront Subdivision, subject to technical corrections as may be identified
by staff.
ADOPTED AND APPROVED by the Avon Town Council this 25th day of June 2019.
By: ______________________________ Attest: _______________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ATTACHMENT 1
June 18, 2019 Planning and Zoning Meeting
Major Subdivision #SUB19006– Lot 5 Riverfront 1
Staff Report – Major Subdivision
June 18, 2019 Planning & Zoning Commission PUBLIC HEARING
Project file Case #SUB19006
Legal description Lot 5 Riverfront
Owner/Applicant CRP/EWP Riverfront Avon Owner I, LLC – Jim Telling
Address 330 Riverfront Lane
Zoning PUD
Prepared By Matt Pielsticker, Planning Director
Introduction
Before the Planning and Zoning Commission (“PZC”) is a Major Subdivision application for a property
in the Riverfront Subdivision. The application would further subdivide Lot 5, Riverfront Subdivision,
into thirteen (13) new residential lots and four (4) tracts: Lots 1-7, 10-15, Tracts 5A, 5B, 5C, and 5D.
The new residential lots correspond to the new building construction in progress. This plat also
creates a common driveway tract named Waterfront Way, which will provide one-way access through
the development. Additional phases and subdivisions are forthcoming for the balance of the
townhome units.
Review Procedures
This application follows the general preview procedures set forth in Code Section 7.16.020, General
Procedures and Requirements. As permitted by Code Section 7.16.070(c), Review Procedures, staff
has combined the preliminary and final plat into one application for a combined review. Both mailed
and published notice were provided for the public hearings.
PZC will review the Application and conduct a public hearing on June 18, 2019. After reviewing
the Application materials, staff’s analysis, and considering public input, the PZC will make a
recommendation to Town Council. The final action is by Resolution of the Town Council after
conducting an additional public hearing, tentatively scheduled for June 25, 2019.
Review Criteria
The PZC shall use the following Preliminary Plan review criteria as the basis for a recommendation
on an application:
(1) The proposed subdivision shall comply with all applicable use, density, development and design
standards set forth in this Development Code that have not otherwise been modified or waived pursuant
to this Chapter and that would affect or influence the layout of lots, blocks and streets. Applicants shall
not create lots or patterns of lots in the subdivision that will make compliance with such development
and design standards difficult or infeasible;
Staff Response: The subdivision is in compliance with the use, density, development and design
standards set forth in the Riverfront PUD and Development Code where applicable.
(2) The subdivision application shall comply with the purposes of this Development Code;
Staff Response: This subdivision complies with the applicable purpose statements in the
Development Code by providing “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.”
ATTACHMENT 2
June 18, 2019 Planning and Zoning Meeting
Major Subdivision #SUB19006– Lot 5 Riverfront 2
(3) The subdivision application shall be consistent with the Avon Comprehensive Plan and other
community planning documents;
Staff Response: Staff finds no conflicts with the Avon Comprehensive Plan, or subarea plans.
(4) The land shall be physically suitable for the proposed development or subdivision;
Staff Response: The land is suitable and in compliance with the corresponding construction
approvals.
(5) The proposed subdivision shall be compatible with surrounding land uses;
Staff Response: Compatibility was demonstrated with the Riverfront PUD review process.
(6) There are adequate public facilities for potable water supply, sewage disposal, solid waste disposal,
electrical supply, fire protection and roads and will be conveniently located in relation to schools,
police, fire protection and emergency medical services;
Staff Response: Adequate facilities are in place for the entirety of the subdivision.
(7) The proposed utility and road extensions are consistent with the utility's service plan and are
consistent with the Avon Comprehensive Plan and Comprehensive Transportation Master Plan;
Staff Response: The road tract created by the subdivision is for a private driveway. Tie ins for
utilities and the private driveway to Riverfront Lane were reviewed at Development Plan stage.
(8) The utility lines are sized to serve the ultimate population of the service area to avoid future land
disruption to upgrade under-sized lines;
Staff Response: All utilities and capacity were verified during Development Plan review and
approval.
(9) The subdivision is compatible with the character of existing land uses in the area and shall not
adversely affect the future development of the surrounding area;
Staff Response: No inherent changes to the area’s character will be experience with this subdivision.
(10) A proposed subdivision for an existing PUD shall be consistent with the relevant PUD Master
Plan as reflected in the approval of that PUD;
Staff Response: This development was reviewed with a PUD amendment and corresponding
development plan in 2017 and 2018.
(11) Appropriate utilities, including water, sewer, electric, gas and telephone utilities, shall provide a
"conditional capacity to serve" letter for the proposed subdivision;
Staff Response: Capacity letters were received during development review. Final acceptance will be
required accordingly.
(12) That the general layout of lots, roads, driveways, utilities, drainage facilities and other services
within the proposed subdivision shall be designed in a way that minimizes the amount of land
disturbance, minimize inefficiencies in the development of services, maximizes the amount of open
space in the development, preserves existing trees/vegetation and riparian areas, protects critical
wildlife habitat and otherwise accomplishes the purposes of this Development Code;
Staff Response: The layout of lots and the private driveway conform to the Riverfront PUD. There
are no changes to the river setback or subsequent amount of open space for the project.
(13) Evidence that provision has been made for a public sewage disposal system or, if other methods
ATTACHMENT 2
June 18, 2019 Planning and Zoning Meeting
Major Subdivision #SUB19006– Lot 5 Riverfront 3
of sewage disposal are proposed, adequate evidence that such system shall comply with state and local
laws and regulations;
Staff Response: The sewage disposal plans were accommodated by the Eagle River Water and
Sanitation District during Development Plan review.
(14) Evidence that all areas of the proposed subdivision that may involve soil or topographical
conditions presenting hazards or requiring special precautions have been identified by the applicant
and that the proposed use of these areas are compatible with such conditions or that adequate mitigation
is proposed;
Staff Response: Not applicable.
(15) The subdivision application addresses the responsibility for maintaining all roads, open spaces and
other public and common facilities in the subdivision and that the Town can afford any proposed
responsibilities to be assumed by the Town;
Staff Response: Common facilities are addressed with this subdivision.
(16) If applicable, the declarations and owners' association are established in accordance with the law
and are structured to provide adequate assurance that any site design standards required by this
Development Code or conditions of approval for the proposed subdivision will be maintained or
performed in a manner which is enforceable by the Town; and
Staff Response: In addition to a pre-existing master declaration for the Riverfront Subdivision, these
Townhomes will be subject to their own set of requirements created by a new set of declarations and
owners’ association recorded with this subdivision. There will be no obligations assigned to the Town.
(17) As applicable, the proposed phasing for development of the subdivision is rational in terms of
available infrastructure capacity and financing.
Staff Response: This is Phase I of a multi-phase project.
In addition to the preliminary plan review criteria above, the following criteria shall apply to review of
this final plat subdivision:
(1) The Town Engineer shall compare the legal description of the subject property with the County
records to determine that:
(i) The property described contains all contiguous single ownership and does not create a new or
remaining unrecognized parcel of less than thirty-five (35) acres in size,
(ii) The lots and parcels have descriptions that both close and contain the area indicated, and
(iii) The plat is correct in accordance with surveying and platting standards of the State;
Staff Response: Closure data has been provided for the lots and tracts, and the file has been reviewed
by the Town Engineer.
(2) The final plat conforms to the approved preliminary plan and incorporates all recommended
changes, modifications and conditions attached to the approval of the preliminary plan;
Staff Response: Not applicable as this is a combined review.
(3) The final plat conforms to all preliminary plan criteria;
Staff Response: Not applicable as this is a combined review.
(4) The development will substantially comply with all sections of the Development Code;
Staff Response: This subdivision complies with the applicable purpose statements in the
Development Code. Specifically, the application complies with Section 7.04.030(a), by dividing the
ATTACHMENT 2
June 18, 2019 Planning and Zoning Meeting
Major Subdivision #SUB19006– Lot 5 Riverfront 4
parcel into lots that correspond to the location of buildings on the property.
(5) The final plat complies with all applicable technical standards adopted by the Town; and
Staff Response: Staff recommends adding a condition to require final review of technical correctness
of the drawings before recording.
(6) Appropriate utilities shall provide an ability to serve letters, including but not limited to water,
sewer, electric, gas and telecommunication facilities.
Staff Response: As noted, utility verifications have been documented throughout the development
review process. Final acceptance will be required for some utilities.
Options for PZC Action:
1.Recommend approval of the Application.
2.Recommend denial of the Application.
3.Continue the Application to July 2, 2019.
Recommended Motion:
“I move to recommend that the Avon Town Council approve Case #SUB19006, an application for a
Major Subdivision of Lot 5 Riverfront Subdivision, with the findings of fact and condition as listed in the
staff report.”
Recommended Findings:
Findings:
1.The application is complete;
2.The application provides enough information to determine that the application complies with the
relevant review criteria;
3.The application was reviewed in accordance with the general procedures outlined in Code
Section 7.16.020;
4.The PZC held a public hearing on June 18, 2019, after providing necessary public notification in
accordance with the Code;
5.The review criteria in Code Sections 7.16.070(e) and 7.16.070(f) were reviewed and substantial
compliance with the criteria was found;
6.The application complies with the stated purposes of the Development Code.
Optional Findings for Denial Recommendation:
1.The application is complete;
2.The application provides enough information to determine that the application does not comply
with the relevant review criteria;
3.The application was reviewed in accordance with the general procedures outlined in Code
Section 7.16.020;
4.The PZC held a public hearing on June 18, 2019, after providing necessary public notification in
accordance with the Code;
5.The review criteria in Code Sections 7.16.070(e) and 7.16.070(f) were reviewed and substantial
compliance with the criteria was not found;
6.The application does not comply with the stated purposes of the Development Code.
Attachment:
A. Final Plat, Riverfront Townhomes Phase I
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 3
ATTACHMENT 3
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ATTACHMENT 4
TOWN MANAGER REPORT
TO: Honorable Mayor Smith Hymes and Town Council FROM: Eric Heil, Town Manager RE: Ordinance No. 19-01 Community Housing Tax and Fee Waivers DATE: May 23, 2019
SUMMARY: This memorandum provides a follow-up to the March 12, 2019 Council discussion of Ordinance No 19-01 Community Housing Incentives. The materials presented on February 26, 2019 were resubmitted to Council for the March 12, 2019 Council meeting along with a complete copy of the Avon Community Housing Plan adopted at the end of last year. Council had some questions and concerns, particularly with regard to increasing the Real Estate Transfer Tax (RETT) exemption for primary residents. Due to a desire for additional discussion of increasing the primary residence RETT exemption, this provision has been removed from Ordinance No. 19-01. Additionally, the Community Housing incentive for the Town’s water tap fee has been revised to only allow for a deferment of the required payment. The actual terms of deferment (duration, interest rate, etc.) would be determined at the time of approving incentives for a specific Community Housing project.
BACKGROUND: Avon Council adopted Avon’s first Community Housing Plan last December. The Community Housing Plan adopted a Work-Plan that included the task “Formalize Fee Waiver Program”. Ordinance No. 19-01 would accomplish this goal by formalizing the eligibility, procedure and review criteria to waive Town taxes and fees for Community Housing Projects.
AVON WATER TAP FEE: Ordinance No. 19-01 is revised to not allow waiver of Avon’s water tap fee. The common approach to utility fees is to permit a deferment of the fees and permit payment over a 5 to 20 year period. Waiver of utility fees is generally discouraged and avoided because waiver of a portion of fees can result in the increased costs for other utility users. Utility fees are based on infrastructure costs divided equally amongst users. Metropolitan Districts and Title 32 Districts are legally prohibited from waiving utility tap fees. Avon may have the discretion to consider this option as a home rule community, but the practice of waiving water tap fees would be highly irregular and is not recommended.
FINANCIAL CONSIDERATIONS: Based on rough analysis provided in my February 6, 2019 memorandum the cost to Town in tax and fee revenue not received is approximately $14,000 for a two bedroom, 1,000 sq.ft. residence (calculated with Avon deferring, and not waiving, water tap fees).
INCREASING PRIMARY RESIDENT RETT EXEMPTION: Increasing the RETT exempt for primary residents presented some transactional complications and questions about impacts and consequences to the Town’s budget. This potential code change can be addressed and discussed as a future separate ordinance.
HOUSING INCENTIVE: I and Town staff have been approached by several potential investors and developers of housing projects throughout this calendar year. The adoption and formalization of the tax and fee waivers for Community Housing is not a final act and is not an immediate “but for” action that will enable a specific project to go forward, but it would send the signal that Avon Town Council’s policy is to consider waiver of taxes and fees for Community Housing projects and would provide an orderly procedure for reviewing such proposals.
MOTIONS: “I move to approve Ordinance No. 19-01 Amending Chapter 3.08 Sales Tax; Chapter 3.12 Real Property Transfer Tax; Enacting Chapter 3.14 Community Housing Incentives; and Amending Chapter 13.08 Public Services of the Avon Municipal Code.”
Thank you, Eric
ATTACHMENTS: Attachment A: Ord 19-01
Attachment B: February 7, 2019 Memorandum and March 6, 2019 memorandums
Attachment C: Redline of AMC 3.12.060 RETT Exemption revisions
Ord. 19-01
June 25, 2019 SECOND READING
Page 1 of 8
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-01
AMENDING CHAPTER 3.08 SALES TAX; CHAPTER 3.12 REAL
PROPERTY TRANSFER TAX; ENACTING CHAPTER 3.14
COMMUNITY HOUSING INCENTIVES; AND AMENDING CHAPTER
13.08 PUBLIC SERVICES OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon, Colorado (“Town”) is a home rule municipality and
political subdivision of the State of Colorado (“State”) organized and existing under a home rule
charter (“Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town, the Town Council has the power to make and publish ordinances necessary
and proper to provide for the safety, preserve the health, promote the prosperity, and improve the
morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Town Council adopted the Town of Avon Community Housing Plan on
December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process”
and which included an Appendix A: Avon Community Housing Plan – Work Plan that
contemplated formalizing a Fee Waiver Program; and
WHEREAS, Town Council adopted the Town of Avon Comprehensive Plan which includes
Policy E.1.3: which states in part, “Provide attainable housing through alternative means,
including . . . waiver of development and building fees, . . .”; and
WHEREAS, the Town Council finds that amendments to the Town of Avon Municipal
Code will promote the health, safety and general welfare of the Town of 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 Town of 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; and,
WHEREAS, Town Council conducted a public hearing on June 11, 2019 and continued the
public hearing to June 25, 2019.
Ord. 19-01
June 25, 2019 SECOND READING
Page 2 of 8
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. Enactment of Section 3.08.036 – Tax credit for Community Housing. A new
Section 3.08.036 of the Avon Municipal Code is hereby enacted to read as follows:
“3.08.036 – Tax credit for Community Housing. Notwithstanding any other provision of
this Chapter, there may be granted a sales tax credit to each person owing tax on the sale
of building materials and fixtures used in a Community Housing project provided that such
sales tax credit is approved by Council by resolution in accordance with Chapter 3.14.
Neither the ability of the Town to grant this tax credit nor the repeal or termination of this
tax credit shall constitute a tax rate increase, the imposition of a new tax or a tax policy
change.”
Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon
Municipal Code is hereby amended to recodify Section 3.12.060(17) as Section 3.12.060(14); to
recodify and amend Section 3.12.060(14) to Section 3.12.060(15) to read as set forth in this
section; to recodify Section 3.12.060(15) to Section 3.12.060(17); to recodify Section
3.12.060(16) to Section 3.12.060(18); to enact a new Section 3.12.060(16); such that Sections
3.12.060(14) through (18) shall read as follows:
“3.12.060 (14) The subsequent transfer of a residence involved in a "tax free" or "tax
deferred" trade under the Internal Revenue Code wherein the interim owner acquires
property for the sole purpose of reselling that property as part of a qualified exchange and
the property is resold within twenty-four (24) months after the first transfer. In these cases,
the first transfer of title is subject to the real property transfer tax and the subsequent
transfer will only be exempt as long as a transfer tax has been paid in connection with the
first transfer of such residence in such exchange. In the event the consideration for the
subsequent transfer is greater than the consideration for the first transfer, transfer tax shall
be due on such increased amount of consideration.
(15) Any sale or conveyance of real property or improvements for the purpose of
constructing or otherwise providing Community Housing as defined in Chapter 3.14;
provided, that the parties to the transaction shall apply to the Town Council for the
exemption prior to the occurrence of the transaction from which exemption is sought in
accordance with Chapter 3.14 Community Housing Incentives and that the property shall
be subject to a deed restriction that protects and maintains the Community Housing for the
benefit of the Town.
(16) Transfers of Community Housing, as defined in Section 3.14.020, subject to a deed
restriction to qualified purchasers provided that the deed restriction that protects and
maintains such Community Housing for the benefit of the Town is in compliance with all
terms and conditions of such deed restriction.
Ord. 19-01
June 25, 2019 SECOND READING
Page 3 of 8
(17) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided the following conditions are met:
a. The same applicant has not previously received an exemption pursuant to this
subsection;
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the real property is being purchased for use as a primary residence
and not for investment or resale (provided that a co-signor shall not disqualify the
exemption for the applicant where the co-signor is signing for the sole purpose of
facilitating the financing qualifications of the applicant/primary resident and signs an
affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall
fail to occupy and use the property as a primary residence within the timeframe
established under the definition of primary residence found in Section 3.12.020 or shall
cease to use the property as his or her primary residence within one (1) year after closing
and granting to the Town a lien securing such indebtedness, which lien shall be
subordinate to any first mortgage or deed of trust of record.
c. The exemption applies only to the portion of the transfer tax actually paid by the
buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(18) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided that the following conditions are met:
a. The applicant previously received a primary residence exemption pursuant to Section
3.12.060(17) and the applicant has satisfied the conditions of subsection (17)b.1. and 2. of
Section 3.12.060; and
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the applicant's current primary residence used to satisfy the
requirements of Section 3.12.060(17) is within the Town; that the applicant meets the
definition of an Eagle County employee; that the real property is being purchased for use
as a new primary residence and not for investment or resale (provided that a co-signor
shall not disqualify the exemption for the applicant where the co-signor is signing for the
sole purpose of facilitating the financing qualifications of the applicant/primary resident and
signs an affidavit that the co-signor is not a co-purchaser for investment or resale
purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event that the applicant
Ord. 19-01
June 25, 2019 SECOND READING
Page 4 of 8
shall fail to occupy and use the property as a primary residence within the timeframe
established under the definition of primary residence found in Section 3.12.020 or shall
cease to use the property as his or her primary residence or shall cease to meet the
definition of an Eagle County employee within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record; and
c. The exemption applies only to the portion of the transfer tax actually paid by the
buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
Section 4. Enactment of Section 3.14 – Community Housing Incentives. Section 3.14 of
the Avon Municipal Code is hereby enacted to read as follows:
“3.14 Community Housing Incentives.
3.14.010. Purpose. Council may elect to promote Community Housing through the use
of Community Housing Incentives, including the credit, exemption or waiver of taxes and/or
fees which are otherwise applicable to residential development. The approval of
Community Housing Incentives shall be in Council’s sole discretion. The value of any
Community Housing Incentive approved by Council shall be less than or reasonably
commensurate with the value of the proposed Community Housing, which shall be
determined in Council’s sole discretion. The Community Housing Incentive shall not apply
and shall not be granted to any Community Housing that is provided to satisfy employee
housing mitigation required pursuant to Title 7 - Development Code.
3.14.020. Definitions
Community Housing means residential housing which is subject to a deed restriction that
limits use to long-term residential use as a primary residence by qualified persons and
which deed restriction may impose other restrictions and limitations and may include terms
deemed appropriate in the Council’s sole discretion, including but not limited to controls on
the resale price of such residential property, and which deed restriction is enforceable by
the Town.
Community Housing Incentive means a tax and/or fee credit, exemption, waiver or
refund approved by resolution in accordance with this Chapter 3.14.
3.14.030. Approval by Resolution. Any credit, exemption or waiver of taxes or fees
shall be approved by Council by resolution, which approval shall be in Council’s sole
discretion. The resolution shall include the following minimum elements:
(1) The Community Housing project shall be defined by location, type of residential units,
and quantity of residential units;
(2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be
defined, and may be apportioned for a development project that includes both
Community Housing and other residential and/or commercial elements;
Ord. 19-01
June 25, 2019 SECOND READING
Page 5 of 8
(3) The form of the deed restriction that shall protect and maintain such Community
Housing for the benefit of the Town shall be included with the resolution and the
resolution shall accept or authorize the acceptance and execution of the deed
restriction;
(4) The resolution shall include a finding that the tax and/or fee credits, exemptions and/or
waivers are necessary to promote Community Housing that meets a current or
projected housing need for the Avon community; and,
(5) The resolution shall include a finding of public benefit for providing such tax and/or fee
credit, exemption and/or waiver.
3.14.040. Sales Tax. Council may provide a tax credit for the amount of sales tax
imposed upon building materials and fixtures delivered, installed and/or consumed in
Community Housing projects. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or free market residential units. Neither the ability of the Town to
grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase,
the imposition of a new tax or a tax policy change.
3.14.050. Real Property Transfer Tax. Council may provide an exemption for the real
property transfer tax on property that is conveyed to construct or otherwise provide a
Community Housing project. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or free market residential units. Neither the ability of the Town to
grant this tax credit nor the termination of this tax credit shall constitute a tax rate increase,
the imposition of a new tax or a tax policy change.
3.14.060. Development Code Fees. Council may provide a waiver, refund or
reimbursement of Development Application review fees that are required pursuant to Title
7 – Development Code. The cost for third party consultants and professionals, studies and
reports are not included in the Development Application review fees that can be waived,
refunded or reimbursed under this Chapter 3.14. Council may determine to provide a
partial fee waiver, refund or reimbursement as determined appropriate by Council for
buildings with mixed Community Housing and commercial uses and/or free market
residential units.
3.14.070. Avon Tap Fees. Council may allow the tap fees to be credited towards the
cost of required water line upgrades or extensions, may allow deferment of tap fee
payment, or may allow a combination of credit and/or deferment of tap fees that are
required pursuant to Chapter 13.08 – Rates and Charges of Title 13 – Public Services.
Council may determine to provide a partial fee credit or fee deferment as determined
appropriate by Council for buildings with mixed Community Housing and commercial uses
and/or free market residential units.
3.14.080. Building Permit fees. Council may provide a waiver of Plan Review and
Building Permit fees that are required pursuant to Title15 – Building Code. Council may
Ord. 19-01
June 25, 2019 SECOND READING
Page 6 of 8
determine to provide a partial fee waiver, refund or reimbursement as determined
appropriate by Council for buildings with mixed Community Housing and commercial uses
and/or free market residential units.
Section 5. Amendment of Section 13.08.030 – Classification of customers. Section
13.08.030 of the Avon Municipal Code is hereby amended to enact a new sub-section (4) to read
as follows:
“(4) Community Housing. Residential use which meets the definition of Community
Housing set forth in Section 3.14.020.”
Section 6. Enactment of Section 13.08.045 – Tap fee waiver for Community Housing. A
new Section 13.08.045 of the Avon Municipal Code is hereby enacted to read as follows:
“13.08.045 – Tap fee deferral for community housing. Town Council may defer tap fees
for residential units in a Community Housing project pursuant to the procedures set forth in
Chapter 3.14.”
Section 7. 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 8. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 9. Non-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 or held to be in
conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall
invalidate this Ordinance in its entirety. 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 10. 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 11. 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
Ord. 19-01
June 25, 2019 SECOND READING
Page 7 of 8
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 12. 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.
Section 13. 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 May 28, 2019 and setting such public hearing for June 11, 2019 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, and
continuing the public hearing to June 25, 2019.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING on June 25, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 19-01 Community Housing Incentives
DATE: February 7, 2019
SUMMARY: Council adopted the Town of Avon Community Housing Plan on December 13, 2018
(“Housing Plan”). The Housing Plan recommended that Avon formalize a fee waiver program for worker
housing. Council had previously expressed interest in revisiting the Real Property Transfer Tax (“RETT”)
exemption and considering an increase in the exemption for primary residences for the purpose of
promoting community housing. The tax and fee credits, exemptions and waivers (“Community Housing
Incentives”) are discussed first, then proposed amendments and options to the primary residence RETT
exemption are discussed.
REQUESTED COUNCIL ACTION: Ordinance No. 19-01 is presented for consideration on first reading;
however, the ordinance presents many technical financial concepts and budget implications. Currently,
there are no known pending or imminent housing projects. Council may desire to treat this action item
as a work session for initial discussion and then continue first reading to the next Council meeting
to allow additional time for consideration, language amendments, or gathering additional
information.
COMMUNITY HOUSING INCENTIVES: Council has general authority to provide a credit, exemption or
waiver of taxes and fees upon the finding of a public benefit. Such action is similar to an appropriation,
which is a legislative act. The Colorado Constitution prohibits making “gifts” to corporations or individuals;
therefore, any appropriation or other action to provide a financial benefit to a person or entity must include a
finding of “public benefit”. Credits, exemptions and waivers for community housing projects are a form of
financial subsidy which impacts the Town’s budget like an appropriation or expenditure of existing funds.
New Chapter 3.14 – Community Housing Incentives. In order to “formalize” and appropriately
implement tax and fee credits, exemptions and waivers, a new Chapter 3.14 is proposed in the Avon
Municipal Code (“AMC”). The Finance Department strongly prefers to avoid rebates, refunds and
reimbursements due to the additional administrative and accounting work, therefore, the form of financial
subsidy is proposed as a tax “credit” for sales tax, a tax “exemption” for real property transfer taxes, and
“waivers” for development code fees, tap fees, and building permit fees. Development Code applications
may require a “refund” due to the timing because applications fees must be submitted as part of a complete
application and Council would not likely consider and approve a resolution to grant Community Housing
Incentives until a community housing project was completely approved.
The following key elements are included in AMC Chapter 3.14:
“Community Housing” is defined to mean housing restricted to (1) long-term residential use, (2) as a
primary residence, (3) by qualified persons, (4) that is subject to a deed restriction approved by Town, and
(5) is enforceable by the Town.
Approval by Resolution: Council approval of Community Housing Incentives by resolution is required
because each housing project is unique. A resolution only requires one meeting to approve and takes
effect immediately. AMC Section 3.14.030 lists the minimum elements of such a resolution as follows:
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 2 of 7
(1) The Community Housing project shall be defined by location, type of residential
units, and quantity of residential units;
(2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be
defined, and may be apportioned for a development project that includes both
community housing and non-community housing elements;
(3) The form of the deed restriction that shall protect and maintain such Community
Housing for the benefit of the Town shall be included with the resolution and the
resolution shall accept or authorize the acceptance and execution of deed restriction;
(4) The resolution shall include a finding that the tax and/or fee credits, exemptions
and/or waivers are necessary to promote community housing that meets a current or
projected housing need for the Avon community; and,
(5) The resolution shall include a finding of public benefit for providing such tax and/or
fee credit, exemption and/or waiver.
AMC Chapter 3.14 allows for credits, exemptions and waivers of (1) sales tax on building materials and
fixtures, (2) real property transfer taxes, (3) development code plan review fees, (4) Avon water tap fees,
and (5) building permit fees. Each of these taxes and fees are discussed as follows:
Sales Tax: The Town charges 4% on any building materials which are delivered in Town and on fixtures
which are purchased outside of Town and installed in buildings. AMC Chapter 3.08 – Sales Tax would be
amended by Ordinance 19-01 to enact the following new section:
“3.08.036 – Tax credit for community housing. Notwithstanding any other provision
of this Chapter, there shall be granted a sales tax credit to each person owing tax on the
sale of building materials and fixtures used in a community housing project provided that
such sales tax credit is approved by Council by resolution in accordance with Chapter
3.14. Neither the ability of the Town to grant this tax credit nor the repeal or termination
of this tax credit shall constitute a tax increase, the imposition of a new tax or a tax policy
change.”
Real Property Transfer Tax: AMC Chapter 3.12 currently includes an exemption that allows the Town
Manager to provide an exemption for RETT for “low and moderate income persons;” see AMC Section
3.12.060(14). Town Manager approval of a RETT exemption for new projects is likely not appropriate
because “low and moderate income persons” is not defined and approval of any agreements, deed
restrictions, covenants or declarations for the benefit of Town and to be enforceable by Town should be
approved by Council. Ordinance 19-01 would revise this exemption to require Council to approve a RETT
exemption for a new Community Housing project and would cross reference the procedure and
requirements in AMC Chapter 3.14. The revisions are shown as follows:
3.12.060 - Exemptions.
Unless the method of transfer is contrived for the purpose of evading the real property
transfer tax imposed by this Chapter, the real property transfer tax shall not apply to the
situations described below:
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 3 of 7
(14 15) Any sale or conveyance of real property or improvements for the purpose of
constructing or providing low or moderately priced housing units for sale or lease to low
or moderate income personsor otherwise providing Community Housing as defined in
Chapter 3.14; provided, that the parties to the transaction shall apply to the Town
Manager Council for the exemption prior to the occurrence of the transaction from which
exemption is sought in accordance with Chapter 3.14 Community Housing Incentives and
that the property shall be subject to a deed restriction that protects and maintains the
Community Housing for the benefit of the Town, and the parties shall agree to
appropriately restrict the future use of the property to low and moderately priced housing
units by recorded agreement, deed restriction, covenants, declarations or similar
instruments as may be required by the Town Manager;
Development Code Application Fees: Ordinance 19-01 authorizes a waiver or refund of Development
Code application fees. These fees would likely involve site plan and design review at a minimum or could
include applications for subdivision, re-zoning or planned unit development depending upon the project.
This is the only fee that contemplates a possible refund due to the timing that Development Application
review fees must be paid when submitting a complete Development Application. Depending upon the
nature of the Community Housing project, this fee waiver could range from $1,000 to $10,000. Proposed
AMC Section 3.14.060 specifically provides that the cost for third party consultants and professionals,
studies and reports are not included in the Development Application review fees that can be waived,
refunded or reimbursed under AMC Chapter 3.14.
Avon Water Tap Fees: Avon imposes a water tap fee on new residential construction in the amount of
$4,000 per residence in AMC Chapter 13.08, Appendix 13-A of the Avon Municipal Code. Proposed AMC
Section 3.14.060 allows for water taps fees to be credited towards the cost of water line upgrades and
extensions that may be required for the project and which would typically be paid for by the developer. The
waiver of all water tap fees, deferment of water tap fee payments and a combination of credit, waivers and
deferment is also allowed. Additional research is continuing with regard to the waiver of water tap fees
because many communities are reluctant to waive these fees.
Building Permit Fees: Proposed Section 3.14.080 would allow a waiver of plan review and building permit
fees.
Fire District and Emergency Services Impact Fee, School Site Dedications, and Park Land
Dedications: Ordinance 19-01 does not propose including waivers for the following:
Fire District Impact Fees: Chapter 3.40 – Impact Fees, which are required to be transferred to the Eagle
River Fire Protection District.
School Site Dedications: Section 7.32.080 – cash-in-lieu is held by Town in a separate School Facility
Capital Improvements Fund and the use is limited to capital improvements of educational facilities or
acquisition of school site lands that serve the Avon community.
Parkland dedications: Section 7.32.090 - cash-in-lieu is held by Town in a separate Parks Capital
Improvements Funds and and the use is limited to capital improvements of parks or acquisition of park
lands that serve the Avon community
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 4 of 7
EXAMPLE OF TAX AND FEE RELIEF FOR COMMUNITY HOUSING: The following example is
presented to illustrate the tax and fee relief and is based on a 10 unit townhome project, each unit is 2
bedrooms and 1,000 square feet, total square footage is 10,000 square feet, and construction on a 1 acre
vacant land parcel purchased for $2,000,000.
Sales Tax (Based on $300 per sq.ft. construction cost and
estimate that 50% of construction cost materials and 50% is
labor. 10,000 sq.ft. times $300 per sq.ft. x 50% x 4% sales
tax.)
$60,000.00
Real Property Transfer Tax (Based on $2 million vacant land
purchase price times 2% RETT)
$40,000.00
Development Application Fees (estimated, design review
only)
$1,500.00
Avon Water Tap Fees (2 inch, per Appendix 13-A) $41,300.00
Building Permit Fees (plan review and permit) $39,280.00
TOTAL TAX AND FEE RELIEF: $182,080.00
TAX AND FEE RELIEF PER UNIT: $18,208.00
PRIMARY RESIDENCE RETT EXEMPTION: Several options and concepts are provided for Council’s
consideration with regard to any change to the RETT exemption for purchasers of a primary residence.
Section 3.12.020 – Definitions of the Real Property Transfer Tax Chapter defines Eagle County Employee
and Primary Residence as follows:
Eagle County employee means an employee working in Eagle County who works an average of
at least thirty (30) hours per week on an annual basis or earns seventy-five percent (75%) of his
or her income and earnings by working in Eagle County; or a retired individual, sixty (60)
years or older, who has worked a minimum of five (5) years in Eagle County for an average of
at least thirty (30) hours per week on an annual basis.
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 5 of 7
Primary residence means the occupation and use of a residence as the primary residence, which
shall be determined by the Town Manager by taking into account the following circumstances:
voter registration in Avon, Colorado (or signing an affidavit stating that the applicant is not
registered to vote in any other place); stated address on Colorado driver's license or Colorado
identification card; stated address on motor vehicle registration; ownership or use of other
residences not situated in Avon, Colorado; and stated residence for income and tax purposes.
Occupation and use of a residence as a primary residence must occur within thirty (30) days of
transfer of the real property, provided that the Town Manager may grant an extension of an
additional ninety (90) days if extenuating circumstances are found to exist in the Town
Manager's discretion and provided that such extension request is included with the applicant's
application for exemption.
The Town of Avon receives and approves approximately 65 RETT exemptions applications for primary
residence. [2016 = 70; 2017 = 74; 2018 = 51]. The primary residence exemption is for the first $160,000 in
consideration paid which translates into $3,200 in RETT relief for the buyer. On average, this exemption
results in $208,000 in RETT annually that is exempted for primary residence purchases.
Council previously adopted AMC Section 3.12.060(15) in 2002 by Ordinance No. 02-14, which
provided a one-time exemption of $160,000 for the first purchase of a primary residence in Avon. Then
Council adopted AMC Section 3.12.060(16) in 2007 by Ordinance No. 07-17 to allow an exemption for
primary residence for subsequent purchases in Avon with the limitation that this subsequent exemption was
only available to a person who met the definition of an “Eagle County Employee”. This change was
intended to support working full-time residents who currently owned a primary residence in Avon but
desired to purchase a larger residence to reflect residential needs and preferences during various life
stages.
Options for Primary Residence RETT Exemption Changes:
1. Increase the $160,000 primary residence exemption in AMC Sections 3.12.060(15) and (16). This is a
simple option that is very easy to adopt and administer. This exemption would be available to all
primary residence purchasers regardless of the sales prices of the residence. If Council desires this
option, then Ordinance No. 19-01 can be amended to simply amend AMC Sections 3.12.060(15) and
(16) to increase the $160,000 exemption amount.
2. Increase the $160,000 primary residence exemption but (1) limit eligibility for the additional exemption
to residences that do not exceed a maximum affordable prices based on the Area Median Income for
Eagle County (e.g. residences that do not exceed $640,000 to $960,000), and (2) limit the total RETT
exemption for primary residence to one half (50%) of the sales price for the residence. The existing
RETT exemptions for primary residence state that the exemption only applies to the portion paid by a
buyer and nearly all transactions split the RETT 50/50 between buyer and seller.
3. Do not increase the primary residence exemption and in the alternative amend AMC Section 3.12.110
– Allocation of Revenue to pledge a portion of annual RETT revenues to the Avon Community Housing
Fund. This option would advance a goal in the Housing Plan to identify and implement a dedicated
funding source for community housing.
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 6 of 7
Pros and Cons of Options:
Options 1 and 2 would directly reduce the costs for buyer to purchase a residence in Avon as a primary
residence. The real estate transfer tax is split 50/50 between buyer and seller for a strong majority of real
estate transfers (anecdotally 95% of transactions). The buyer is required to pay the buyer’s portion of the
RETT at closing in addition to the down payment and other closing costs. An increase in the primary
residence exemption would directly reduce the buyer’s required cash at closing which will improve buyer’s
ability to purchase a residence. An increase of the primary residence exemption from $160K to $320K
would save a buyer a total of $6,400 at closing. An increase of the primary residence exemption from
$160K to $480K would save a buyer a total $9,600 at closing.
Option 2 proposes a limitation on an increased, additional primary residence RETT exemption to those
more in need and would exclude purchases of residences greater than ($640,000 to $960,000) on the basis
that the purchase of a residence in that price range does not warrant a public subsidy to promote
Community Housing. In addition, Option 2 limits the total exemption to one half of the consideration paid
for a residence because the existing primary residence exemptions contemplate that the exemption should
only apply to the RETT paid by buyer and the obligation to pay RETT is split 50/50 on most transactions.
Option 3 contemplates that the amount of subsidy associated with increasing the primary residence
exemption may be more impactful and beneficial to Avon’s community housing efforts if it were dedicated to
a housing fund.
Other Options: Council may desire other options, or hybrid options. For example, increasing the primary
residence exemption from $160K to $320K up to a maximum residential sales prices of $640K and
dedicating a small percentage (e.g. 7%) or set amount (e.g. $100K) per year of RETT to the Avon Housing
Fund, or dedicating only a portion of RETT to community housing when it exceeds a minimum amount in
any given year. The downside of a hybrid approach is that the impact may be diluted across several
housing efforts.
Impacts to RETT and Capital Improvements: The RETT generates an average of $3.1 million in
revenues per year. An increase in the primary residence RETT exemption from $160,000 to $320,000 can
be expected to reduce RETT revenues by $208,000 per year. An increase from $160,000 to $480,000 can
be expected to reduce RETT revenues by $416,000 per year. In the alternative, Council could amend AMC
Section 3.12.110 – Allocation of Revenue to dedicate a certain percentage or dedicate a specific dollar
amount to the Avon Community Housing Fund. A 5% dedication would result in approximately $155,000
per year in revenues for Community Housing. A 10% dedication would result in approximately $310,000
per year in revenues for Community Housing. Any increase to the primary residence RETT exemption or
any dedication to the Avon Housing Fund will have an impact on the available RETT revenues and capital
improvements project planning in the future.
EXEMPTION FOR DEED RESTRICTED UNITS: Ordinance 19-01 includes a clean-up to expressly allow
an exemption for transfers of deed restricted housing units with a new AMC Section 3.12.060(16). This has
been the policy and practice of Avon for a long time and has been approved under existing AMC Section
3.12.060(14) which authorizes the Town Manager to provide an exemption for the purpose of providing low
or moderately priced housing units. New AMC Section 3.12.060(16) would read:
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: February 7, 2019
Page 7 of 7
“3.12.060(16) Transfers of Community Housing subject to a deed restriction to qualified
purchasers provided that the deed restriction that protections and maintains such
Community Housing for the benefit of the Town is in compliance with all terms and
conditions.”
RECODIFICATION AND AMENDMENTS TO AMC SECTION 3.12.060: Due to previous amendments and
the concern over TABOR restrictions and the impact of changes to existing language in Chapter 3.12 Real
Property Transfer Tax, the list of exemptions is disorderly. With the addition of new enactments, a slight
recodification is proposed so that the subject matter of the listed exemptions is more orderly.
SAMPLE MOTIONS:
[continuance] “I move to continue consideration of first reading of Ordinance No. 19-01 and provide
direction to staff to [make changes, research more information]”
[approval on first reading] “I move to approve first reading of Ordinance No. 19-01 Amending Chapter
3.12 Real Propery Transfer Tax and Enacting Chapter 3.14 Community Housing Tax and Fee Credits,
Exemptions and Waivers.”
Thank you, Eric
ATTACHMENT A: Ordinance No. 19-01
ATTACHMENT B: Avon Community Housing Plan
ATTACHMENT C: REDLINE of existing AMC Sections 3.12.060(14) through (17) compared to
proposed AMC Sections 3.12.060(14) through (19)
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Ordinance No. 19-01 Community Housing Incentives -
DATE: March 6, 2019
SUMMARY: This memorandum provides a follow-up to the February 26, 2019 Council discussion of
Ordinance No 19-01 Community Housing Incentives. The materials presented on February 26, 2019
are resubmitted to Council along with a complete copy of the Avon Community Housing Plan adopted at
the end of last year. The prior materials are supplemented with these optional language revisions based
upon comments received at the February 26, 2019 meeting and comments received after that meeting.
1. Do No Limit Buyer’s Exemption to One-Half of Sale: Do not limit Buyer’s exemption to one-half of
consideration and allow Buyer to negotiate to pay for more than one-half of the RETT to enhance Buyer’s
ability to negotiate a lower purchase price. This can be accomplished by deleting sub-section
3.12.060(19)(a)(4) which is shown below in strikeout. To illustrate the effect, if a Buyer negotiated to pay
100% of the RETT on a $500,000 residence and the Town allows the Buyer to claim an exemption for the
entire RETT amount that the Buyer pays, the full exemption would be in the amount of $10,000. Typically,
the RETT is split 50/50; therefore, if the Buyer negotiates to be liable for all the RETT, then the Buyer can
negotiate a purchase price that is $5,000 less than the purchase price for a Buyer who can not claim any
RETT exemption. This option would require additional administrative work to verify the amount the Buyer
actually paid at closing.
3.12.060(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred
twenty thousand dollars ($320,000.00)] of the consideration paid after the first one hundred
and sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or
(18) above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a. An application for exemption is filed with the Finance Department, which
application is accompanied by:
1. An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant
where the co-signor is signing for the sole purpose of facilitating the financing qualifications
of the applicant/primary resident and signs an affidavit that the co-signor is not a co-
purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall
fail to occupy and use the property as a primary residence within the timeframe
established under the definition of primary residence found in Section 3.12.020 or shall
cease to use the property as his or her primary residence within one (1) year after closing
and granting to the Town a lien securing such indebtedness, which lien shall be
subordinate to any first mortgage or deed of trust of record; and
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
Avon Town Council
RE: Ord. 19-01 Community Housing Tax and Fee Credits, Exemptions and Waivers
Date: March 6, 2019
Page 2 of 2
3. The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)];
and,
4. The total additional consideration that is exempt pursuant to this Section 3.12.060(19) and
either Section 3.12.060(17) or (18) does not exceed one half of the entire consideration paid for the
transfer.
b. The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
2. Extend Increased Primary Residence Exemption to Retirees: Allow long term Eagle County
residents who are retirees to qualify for primary residence exemptions. An example of a retiree exemption
would be for residents who have lived in Eagle County for at least five (5) years and who are at least sixty-
five years of age. Language amendments would include adding a definition of Eagle County Retiree and
then including Eagle County Retiree in addition to Eagle County Employees in the exemptions in Sections
3.12.060(18) and (19). A variation to consider is allowing an Eagle County Resident who has lived in Eagle
County a total of 5 years in the last 7 years and is at least 65 years old to qualify as an Eagle County
Retiree to allow for circumstances when temporary relocation occurs (which can arise with elder care).
3. Clarify that Incentives are to Promote Community Housing: Clarify that the Community Housing
Incentives in Chapter 3.14 are intended primarily for housing purposes. Rather than modifying the
language each of the taxes and fees, I recommend an addition to Section 3.14.010 Purpose to read as
follows:
3.14.010. Purpose. Council may elect to promote Community Housing through the use
of Community Housing Incentives, including the credit, exemption or waiver of taxes or
fees otherwise applicable to residential development. The use of Community Housing
Incentives is intended to promote the provision of Community Housing which would
likely not occur without providing such incentives and is not intended to subsidize
free market residential or commercial development.
I suggest that Council would benefit from some additional real estate market analysis to better
understand the level of public subsidy that is required to incentivize the private sector to produce deed
restricted Community Housing. A residential project with mixed free market units and deed restricted units
provides a more integrated residential project rather than segregating low or middle income housing and
free market units are often necessary for the economic viability of a private sector project.
Thank you, Eric
ATTACHMENT A: February 7, 2019 Memorandum
ATTACHMENT B: Ordinance No. 19-01
ATTACHMENT C: Avon Community Housing Plan
ATTACHMENT D: REDLINE of existing AMC Sections 3.12.060(14) through (17) compared to
proposed AMC Sections 3.12.060(14) through (19)
Attachment B: Feb 7 and Mar 6, 2019 Memorandum
(14)The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade
under the Internal Revenue Code wherein the interim owner acquires property for the sole
purpose of reselling that property as part of a qualified exchange and the property is resold
within twenty-four (24) months after the first transfer. In these cases, the first transfer of title
is subject to the real property transfer tax and the subsequent transfer will only be exempt
as long as a transfer tax has been paid in connection with the first transfer of such residence
in such exchange. In the event the consideration for the subsequent transfer is greater than
the consideration for the first transfer, transfer tax shall be due on such increased amount
of consideration.
(14(15) Any sale or conveyance of real property or improvements for the purpose of
constructing or otherwise providing low or moderately priced housing units for sale or
lease to low or moderate income personsCommunity Housing as defined in Chapter
3.14; provided, that the parties to the transaction shall apply to the Town ManagerCouncil
for the exemption prior to the occurrence of the transaction from which exemption is sought,
in accordance with Chapter 3.14 Community Housing Incentives and that the
partiesproperty shall agreebe subject to appropriately restrict the future use of the
property to low and moderately priced housing units by recorded agreement,a deed
restriction, covenants, declarations or similar instruments as may be required by that
protects and maintains the Community Housing for the benefit of the Town Manager; ;
(15)(16) Transfers of Community Housing subject to a deed restriction to qualified
purchasers provided that the deed restriction that protects and maintains such Community
Housing for the benefit of the Town is in compliance with all terms and conditions.
(17)The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided the following conditions are met:
a.The same applicant has not previously received an exemption pursuant to this
subsection;
b.An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1.An affidavit that the real property is being purchased for use as a primary residence and
not for investment or resale (provided that a co-signor shall not disqualify the exemption for
the applicant where the co-signor is signing for the sole purpose of facilitating the financing
qualifications of the applicant/primary resident and signs an affidavit that the co-signor is not
a co-purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record.
ATTACHMENT C: REDLINE of Code Amendments
c.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(1618) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided that the following conditions are met:
a.The applicant previously received a primary residence exemption pursuant to Section
3.12.060(1517) and the applicant has satisfied the conditions of subsection (1517)b.1. and
2. of Section 3.12.060; and
b.An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1.An affidavit that the applicant's current primary residence used to satisfy the
requirements of Section 3.12.060(1517) is within the town; that the applicant meets the
definition of an Eagle County employee; that the real property is being purchased for use as
a new primary residence and not for investment or resale (provided that a co-signor shall
not disqualify the exemption for the applicant where the co-signor is signing for the sole
purpose of facilitating the financing qualifications of the applicant/primary resident and signs
an affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event that the applicant shall
fail to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence or shall cease to meet the definition of an Eagle
County employee within one (1) year after closing and granting to the town a lien securing
such indebtedness, which lien shall be subordinate to any first mortgage or deed of trust of
record; and
c.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(17)(19) The next [one hundred sixty thousand dollars ($160,000.00) or three hundred
twenty thousand dollars ($320,000.00)] of the consideration paid after the first one hundred
and sixty thousand dollars paid that is exempt pursuant to either Section 3.12.060(17) or
(18)above for any sale or conveyance of real property and completed improvements for
occupancy as a primary residence, provided the following conditions are met:
a.An application for exemption is filed with the Finance Department, which application
is accompanied by:
1.An affidavit that the applicant meets the definition of Eagle County employee; that
the real property is being purchased for use as a primary residence and not for investment
or resale (provided that a co-signor shall not disqualify the exemption for the applicant where
the co-signor is signing for the sole purpose of facilitating the financing qualifications of the
applicant/primary resident and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes); and
ATTACHMENT C: REDLINE of Code Amendments
2.A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall fail
to occupy and use the property as a primary residence within the timeframe established
under the definition of primary residence found in Section 3.12.020 or shall cease to use the
property as his or her primary residence within one (1) year after closing and granting to the
Town a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record; and
3.The total consideration paid for the residence does not exceed [six hundred forty
thousand dollars ($640,000.00) or nine hundred sixty thousand dollars ($960,000.00)]; and,
4.The total additional consideration that is exempt pursuant to this Section
3.12.060(19) and either Section 3.12.060(17) or (18) does not exceed one half of the entire
consideration paid for the transfer.
b.The exemption applies only to the portion of the transfer tax actually paid by the buyer
and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.”
The subsequent transfer of a residence involved in a "tax free" or "tax deferred" trade under
the Internal Revenue Code wherein the interim owner acquires property for the sole purpose
of reselling that property as part of a qualified exchange and the property is resold within
twenty-four (24) months after the first transfer. In these cases, the first transfer of title is
subject to the real property transfer tax and the subsequent transfer will only be exempt as
long as a transfer tax has been paid in connection with the first transfer of such residence in
such exchange. In the event the consideration for the subsequent transfer is greater than
the consideration for the first transfer, transfer tax shall be due on such increased amount
of consideration.
ATTACHMENT C: REDLINE of Code Amendments
Ord. 19-01
June 1125, 2019 SECOND READING
Page 1 of 88
TOWN OF AVON, COLORADO
ORDINANCE NO. 19-01
AMENDING CHAPTER 3.08 SALES TAX; CHAPTER 3.12 REAL
PROPERTY TRANSFER TAX; ENACTING CHAPTER 3.14
COMMUNITY HOUSING INCENTIVES; AND AMENDING CHAPTER
13.08 PUBLIC SERVICES OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon, Colorado (the “(“Town”) is a home rule municipality and
political subdivision of the State of Colorado (the “(“State”) organized and existing under a
home rule charter (the “(“Charter”) pursuant to Article XX of the Constitution of the State; 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 (“Town”),, the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Town Council adopted the Town of Avon Community Housing Plan on
December 13, 2018, which included a policy to “formalize a fee waiver/reimbursement process”
and which included an Appendix A: Avon Community Housing Plan – Work Plan that
contemplated formalizing a Fee Waiver Program; and
WHEREAS, Town Council adopted the Town of Avon Comprehensive Plan which includes
Policy E.1.3: which states in part, “Provide attainable housing through alternative means,
including . . . waiver of development and building fees, . . .”; and
WHEREAS, the Avon Town Council finds that amendments to the Town of Avon
Municipal Code will promote the health, safety and general welfare of the Town of 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 Town of 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.; and,
WHEREAS, Town Council conducted a public hearing on June 11, 2019 and continued the
public hearing to June 25, 2019.
ATTACHMENT D: REDLINE comparison to June 11, 2019 version
Ord. 19-01
June 1125, 2019 SECOND READING
Page 2 of 88
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. Enactment of Section 3.08.036 – Tax credit for community
housing.Community Housing. A new Section 3.08.036 of the Avon Municipal Code is hereby
enacted to read as follows:
“3.08.036 – Tax credit for community housing.Community Housing. Notwithstanding
any other provision of this Chapter, there may be granted a sales tax credit to each person
owing tax on the sale of building materials and fixtures used in a community
housingCommunity Housing project provided that such sales tax credit is approved by
Council by resolution in accordance with Chapter 3.14. Neither the ability of the Town to
grant this tax credit nor the repeal or termination of this tax credit shall constitute a tax rate
increase, the imposition of a new tax or a tax policy change.”
Section 3. Amendment of Section 3.12.060 – Exemptions. Section 3.12.060 of the Avon
Municipal Code is hereby amended to recodify Section 3.12.060(17) as Section 3.12.060(14); to
recodify and amend Section 3.12.060(14) to Section 3.12.060(15) to read as set forth in this
section; to recodify Section 3.12.060(15) to Section 3.12.060 (17); to recodify Section
3.12.060(16) to Section 3.12.060(18); to enact a new Section 3.12.060(16); such that Sections
3.12.060(14) through (18) shall read as follows:
“3.12.060 (14) The subsequent transfer of a residence involved in a "tax free" or "tax
deferred" trade under the Internal Revenue Code wherein the interim owner acquires
property for the sole purpose of reselling that property as part of a qualified exchange and
the property is resold within twenty-four (24) months after the first transfer. In these cases,
the first transfer of title is subject to the real property transfer tax and the subsequent
transfer will only be exempt as long as a transfer tax has been paid in connection with the
first transfer of such residence in such exchange. In the event the consideration for the
subsequent transfer is greater than the consideration for the first transfer, transfer tax shall
be due on such increased amount of consideration.
(15) Any sale or conveyance of real property or improvements for the purpose of
constructing or otherwise providing Community Housing as defined in Chapter 3.14;
provided, that the parties to the transaction shall apply to the Town Council for the
exemption prior to the occurrence of the transaction from which exemption is sought in
accordance with Chapter 3.14 Community Housing Incentives and that the property shall
be subject to a deed restriction that protects and maintains the Community Housing for the
benefit of the Town.
(16) Transfers of Community Housing, as defined in Section 3.14.020, subject to a deed
restriction to qualified purchasers provided that the deed restriction that protects and
maintains such Community Housing for the benefit of the Town is in compliance with all
terms and conditions of such deed restriction.
ATTACHMENT D: REDLINE comparison to June 11, 2019 version
Ord. 19-01
June 1125, 2019 SECOND READING
Page 3 of 88
(17) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided the following conditions are met:
a. The same applicant has not previously received an exemption pursuant to this
subsection;
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the real property is being purchased for use as a primary residence
and not for investment or resale (provided that a co-signor shall not disqualify the
exemption for the applicant where the co-signor is signing for the sole purpose of
facilitating the financing qualifications of the applicant/primary resident and signs an
affidavit that the co-signor is not a co-purchaser for investment or resale purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event the applicant shall
fail to occupy and use the property as a primary residence within the timeframe
established under the definition of primary residence found in Section 3.12.020 or shall
cease to use the property as his or her primary residence within one (1) year after closing
and granting to the Town a lien securing such indebtedness, which lien shall be
subordinate to any first mortgage or deed of trust of record.
c. The exemption applies only to the portion of the transfer tax actually paid by the
buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
(18) The first one hundred sixty thousand dollars ($160,000.00) of the consideration for
any sale or conveyance of real property and completed improvements for occupancy as a
primary residence, provided that the following conditions are met:
a. The applicant previously received a primary residence exemption pursuant to Section
3.12.060(17) and the applicant has satisfied the conditions of subsection (17)b.1. and 2. of
Section 3.12.060; and
b. An application for exemption is filed with the Town Manager or his or her designee,
which application is accompanied by:
1. An affidavit that the applicant's current primary residence used to satisfy the
requirements of Section 3.12.060(17) is within the townTown; that the applicant meets the
definition of an Eagle County employee; that the real property is being purchased for use
as a new primary residence and not for investment or resale (provided that a co-signor
shall not disqualify the exemption for the applicant where the co-signor is signing for the
sole purpose of facilitating the financing qualifications of the applicant/primary resident and
signs an affidavit that the co-signor is not a co-purchaser for investment or resale
purposes); and
2. A promissory note in the amount of the tax otherwise owing, together with interest
accruing at the rate hereinafter provided, providing that the tax and the promissory note
including accrued interest shall be due and payable in full in the event that the applicant
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shall fail to occupy and use the property as a primary residence within the timeframe
established under the definition of primary residence found in Section 3.12.020 or shall
cease to use the property as his or her primary residence or shall cease to meet the
definition of an Eagle County employee within one (1) year after closing and granting to the
townTown a lien securing such indebtedness, which lien shall be subordinate to any first
mortgage or deed of trust of record; and
c. The exemption applies only to the portion of the transfer tax actually paid by the
buyer and will not reduce any portion of the transfer tax that the seller agrees to pay in the
transaction.
Section 4. Enactment of Section 3.14 – Community Housing Incentives. Section 3.14 of
the Avon Municipal Code is hereby enacted to read as follows:
“3.14 Community Housing Incentives.
3.14.010. Purpose. Council may elect to promote Community Housing through the use
of Community Housing Incentives, including the credit, exemption or waiver of taxes and/or
fees which are otherwise applicable to residential development. The approval of
Community Housing Incentives shall be in Council’s sole discretion. The value of any
Community Housing Incentive approved by Council shall be less than or reasonably
commensurate with the value of the proposed Community Housing, which shall be
determined in Council’s sole discretion. The Community Housing Incentive shall not apply
and shall not be granted to any Community Housing that is provided to satisfy employee
housing mitigation required pursuant to Title 7 - Development Code.
3.14.020. Definitions
Community Housing means residential housing which is subject to a deed restriction that
limits use to long-term residential use as a primary residence by qualified persons and
which deed restriction may impose other restrictions and limitations and may include terms
deemed appropriate in the Town’sCouncil’s sole discretion, including but not limited to
controls on the resale price of such residential property, and which deed restriction is
enforceable by the Town.
Community Housing Incentive means a tax and/or fee credit, exemption, waiver or
refund approved by resolution in accordance with this Chapter 3.14.
3.14.030. Approval by Resolution. Any credit, exemption or waiver of taxes or fees
shall be approved by Council by resolution, which approval shall be in Council’s sole
discretion. The resolution shall include the following minimum elements:
(1) The Community Housing project shall be defined by location, type of residential units,
and quantity of residential units;
(2) The taxes and/or fees that are subject to a credit, exemption and/or waiver shall be
defined, and may be apportioned for a development project that includes bothwith
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mixed Community Housing and non-Community Housing elementscommercial uses
and/or free market residential uses;
(3) The form of the deed restriction that shall protect and maintain such Community
Housing for the benefit of the Town shall be included with the resolution and the
resolution shall accept or authorize the acceptance and execution of the deed
restriction;
(4) The resolution shall include a finding that the tax and/or fee credits, exemptions and/or
waivers are necessary to promote Community Housing that meets a current or
projected housing need for the Avon community; and,
(5) The resolution shall include a finding of public benefit for providing such tax and/or fee
credit, exemption and/or waiver.
3.14.040. Sales Tax. Council may provide a tax credit for the amount of sales tax
imposed upon building materials and fixtures delivered, installed and/or consumed in
Community Housing projects. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or free market residential projects with mixed Community Housing
and free-market dwelling units. Neither the ability of the Town to grant this tax credit nor
the termination of this tax credit shall constitute a tax rate increase, the imposition of a new
tax or a tax policy change.
3.14.050. Real Property Transfer Tax. Council may provide an exemption for the real
property transfer tax on property that is conveyed to construct or otherwise provide a
Community Housing project. Council may determine to provide a partial tax credit as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or residential projects with mixed Community Housing and free-
market dwelling units.free market residential units. Neither the ability of the Town to grant
this tax credit nor the termination of this tax credit shall constitute a tax rate increase, the
imposition of a new tax or a tax policy change.
3.14.060. Development Code Fees. Council may provide a waiver, refund or
reimbursement of Development Application review fees that are required pursuant to Title
7 Avon– Development Code. The cost for third party consultants and professionals,
studies and reports are not included in the Development Application review fees that can
be waived, refunded or reimbursed under this Chapter 3.14. Council may determine to
provide a partial fee waiver, refund or reimbursement as determined appropriate by
Council for buildings with mixed Community Housing and commercial uses and/or free
market residential units.
3.14.070. Avon Water Tap Fees. Council may allow the tap fees to be credited towards
the cost of required water line upgrades or extensions, may allow deferment of water tap
fee payment, or may allow a combination of credit and/or deferment of tap fees that are
required pursuant to Chapter 13.08 – Rates and Charges of Title 13 – Public Services.
Council may determine to provide a partial fee credit or fee deferment as determined
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appropriate by Council for buildings with mixed Community Housing and commercial uses
and/or free market residential units.
3.14.080. Building Permit fees. Council may provide a waiver of Plan Review and
Building Permit fees that are required pursuant to Title 15 Building Code.”Title15 – Building
Code. Council may determine to provide a partial fee waiver, refund or reimbursement as
determined appropriate by Council for buildings with mixed Community Housing and
commercial uses and/or free market residential units.
Section 5. Amendment of Section 13.08.030 – Classification of customers. Section
13.08.030 of the Avon Municipal Code is hereby amended to enact a new sub-section (4) to read
as follows:
“(4) Community Housing. Residential use which meets the definition of Community
Housing set forth in Section 3.14.020.”
Section 6. Enactment of Section 13.08.045 – Tap fee waiver for Community Housing. A
new Section 13.08.045 of the Avon Municipal Code is hereby enacted to read as follows:
“13.08.045 – Tap fee deferral for community housing. Town Council may defer tap fees
for residential units in a community housingCommunity Housing project pursuant to the
procedures set forth in Chapter 3.14.”
Section 7. 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 8. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 9. Non-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 or held to be in
conflict with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall
invalidate this Ordinance in its entirety. 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.
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Section 10. 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 11. 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 12. 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.
Section 13. 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 May 28, 2019 and setting such public hearing for June 11, 2019 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, and
continuing the public hearing to June 25, 2019.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Deputy Town Clerk
ADOPTED ON SECOND AND FINAL READING on June 1125, 2019.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
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____________________________
Kathryn Sellars,
InterimPaul Wisor, Town Attorney
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TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: June 25, 2019
Topic: INTERVIEWS AND APPOINTMENT OF A PLANNING AND ZONING COMMISSION MEMBER
ACTION BEFORE COUNCIL
Vote on one (1) Planning and Zoning (“PZC”) Commission member to fill vacancy.
RECOMMENDED MOTION
“I move to appoint [Joseph Shankland or Rebecca Smith] to the Avon Planning and Zoning Commission, with
term expiring May 1, 2021.”
SUMMARY
The PZC serves as the Town’s zoning and design review board, charged with reviewing long range planning
and policy documents. Their role completely defined in Avon Municipal Code (“AMC”) Section 7.12.040
(ATTACHMENT A). The PZC serves two‐year, staggered terms, with three of the four vacancies recently
filled for the May 1, 2019 – 2021 term by Steve Nusbaum, Jared Barnes, and Lindsay Hardy.
The Human Resources Department received two additional applications (ATTCHMENT B) for the open seat.
Joe Shankland Inspector, Hospitality / Avon Resident
Rebecca Smith Architectural Intern / Avon Resident
Appointments are included on the regular meeting agenda. The Council will have time for each applicant
to provide introductions and a brief summary of their interest to serve, followed by some time for questions.
QUALIFICATIONS
The AMC requires that at least five (5) members shall be registered electors of the Town at the time of their
appointment. The AMC also recommends that a minimum of two (2) industry professionals hold positions
at all times, and that these professionals be architects, landscape architects or designers. The AMC guides
and prioritizes appointments in the following prioritization: 1) industry professionals, 2) to registered
electors, and then 3) persons having special skills and experience of particular value to PZC over persons
who do not. Given the dual role in dealing with both zoning and design review authority for the Town, the
AMC recognizes that a balance in membership is necessary between the lay community and industry
professionals.
PZC COMPOSITION
Below is a summary of the current and expiring members, their professions, and place of residence:
May 1, 2020 Term Expiration
Marty Golembiewski Civil Engineer / Avon Resident
Kenneth J. Howell Human Resources / Avon Resident
Alex Dammeyer Construction / Avon Resident
May 1, 2021 Term Expiration
Steve Nusbaum Metro District Supervisor / Edwards Resident
Jared Barnes Planning Manager / Avon Resident
Lindsay Hardy Real Estate, Architecture, Construction / Avon Resident
ATTACHMENTS
A – Avon Municipal Code §7.12.040, Planning and Zoning Commission
B – Applicant Info
ATTACHMENT A
7.12.040 Planning and Zoning Commission.
(a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the
Town. The purposes of the Planning and Zoning Commission (PZC) are as follows:
(1) To implement the goals and policies of the Avon Comprehensive Plan;
(2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its
environs, that will, in accordance with present and future needs, best promote health, safety, morals, order,
convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the
process of development, including, among other things, adequate provision for traffic, the promotion of
safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of
healthful and convenient distribution of population, the promotion of good civic design and arrangement,
wise and efficient expenditure of public funds and the adequate provision of public utilities and other public
requirements;
(3) To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding
or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the
adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
(4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of
property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code
through design revie w of the exterior design of all new structures and property development and additions
to all existing structures and property development.
(5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting
as the design review board are as follows:
(i) To ensure that the architectural design of vertical structures and their materials and colors conform
with the Town's overall appearance, with surrounding development if appropriate, with natural and existing
landforms, with the standards identified in the Development Code and with officially approved development
plans, if any, for the areas in which the structures are proposed to be located;
(ii) To ensure that the location and configuration of vertical structures, including signs and signage,
are contextually appropriate to their sites and with surrounding sites and structures if appropriate and
that the structures and signage conform to the requirements of the Development Code;
(iii) To ensure that plans for the landscaping of property and open spaces conform with the rules
and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on
the same site and on adjoining and nearby sites as determined by the Development Code; and
(iv) To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms.
(b) Duties. The PZC shall have the following functions and duties:
(1) Review development applications, amendments to the Avon Comprehensive Plan and amendments
to this Development Code, provide recommendations to the Town Council and render decisions as such
authority is indicated in this Chapter 7.12;
(2) Upon request and direction by the Council, make and recommend plans for the physical development
of the Town, including any areas outside its boundaries, subject to the approval of the legislative or
governing body having jurisdiction thereof;
(3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which
are related to the present conditions and future growth of the Town, and provide comments and
recommendations thereon to the Council; and
(4) Review and make recommendations to the Council about the design of proposed development, with
due regard for design standards of this Development Code and other design criteria and guidelines adopted
by the Town, code text amendments that address design review procedures and criteria and any design
review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design
standards for specific uses, types of uses, parking standards, streetscapes or other similar items.
(c) Membership. The PZC shall be composed of seven (7) members appointed by the Council.
(d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at
least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The
composition of PZC shall strive to achieve a balance in the membership between the lay community and
industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in
order to efficiently and effectively perform the design review functions of the PZC. Appointments should be
made first to maintain the balance between industry professionals and the lay community (it is recommended
that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two
[2] of these professionals be architects, landscape architects or designers). Registered electors of the Town
should be preferred over persons who are not registered electors. Persons having special skills and experience
of particular value to the PZC should be preferred over persons who do not.
(e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in
the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence
of all members, any staff member shall adjourn any meeting to a later time or date.
(f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the
PZC who ceases to possess the qualifications for office that the member possessed at the time of
appointment may be permitted by the Council to serve until the end of the appointed term, provided that
the PZC member continues to reside in the County. A member of the PZC may be removed by Council
pursuant to Subsection (h), Removal from Office, below.
(g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the
Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90)
days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a
vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the
term of the former member.
(h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of a
Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences
within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written
notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing.
(i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its
members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its
meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall
appoint a member to serve as acting chair at the meeting.
(j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by
the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a
PZC member.
(k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording
secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications
and other material for consideration for the PZC.
(l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided
for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or
any amendment to the rules to the Council, which by motion shall approve the rules or amendment and
direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission.
The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject
to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the
requirements of its rules and regulations.
(m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise
upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be
held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties.
(n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules
for applications requiring action by the PZC.
(o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next
agenda is full and will likely result in an overly long meeting.
(p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants,
provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee
by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The
consultants may be retained to advise the Commission on a single project, on a number of projects or on a
continuing basis.
Dear Council,
I am writing to express my interest in serving on the Town of Avon Planning and Zoning
Commission. I have a passion for improving the built environment of the Town of Avon, and I
see enormous potential for increasing the beauty and pedestrian‐friendly functionality of our
built environment for residents and visitors.
I would bring to my position as a commissioner: A belief in presenting and adhering to a
structured meeting process. A transparent and structured meeting is enormously helpful when
dealing with complex or controversial issues or projects. The perspective of many peers in my
generation.
Serving as a Planning Commissioner is a good fit for my interests and experience. As an
interested member of our community, I would like to use my time, skills, and talents to assist in
planning the future of our township. I would be excited to be appointed to a seat on the
Planning and Zoning Commission and look forward to working with the City Council to serve the
community.
I respectfully request your support in being appointed to the Town of Avon Planning and Zoning
Commission.
Thanks for your time
Joe Shankland
ATTACHMENT B
References available on request Page 1
Joseph S. Shankland
P.O. Box 9233 (970) 309-3940
Avon, Colorado 81620 joeambrosia03@yahoo.com
PROFILE A results driven professional with diverse experience in high end products. Experience
includes: long range business plans and forecasting, skilled in managing and motivating
teams, coordinating marketing plans to enhance customer relations, and extensive
computer use and knowledge.
PROFESSIONAL EXPERIENCE:
On-Site Property Maintainace Manager
Lakin’s Bel Lago
540 W. Beaver Creek Blvd. Avon, CO November 2012- June 1 2018
Key achievements
Actively manage ten units in a $25 million dollar complex; nine multi-sized, long term units, one large, short term unit.
Responsible for maintaining all aspects of building operation including service calls,
lawn care, construction, preventative maintenance agreements, acquisition of new
appliances and inventory, arrange cleaning of common areas, short term rental, and move outs.
Reduced annual operating cost by each year since 2012 by verifying work, disputing
invoices with discrepancies, and creating good working relationships with vendors.
Supervision of any new and ongoing improvement projects
Provide monthly and quarterly written dialogue to owner regarding overall health of
property.
Utilization of spreadsheets for monthly expenses and bills. Extensive use of email for correspondence with utility workers and business owners.
Sales Executive/Team Manager/Assistant Sales Manager
Starwood Vacation Ownership
Sheraton Steamboat Resort, CO Westin Mission Hills Resort, CA Sheraton Mountain Vista, CO
October 2005 – February 2015
Key achievements
Introduced guests to the concept of vacation ownership through a one call sales process.
Maintained a 28% closing on all prospects, with a value of $2,800 in revenue per prospect.
#1 Sales Executive for 2012, top producing sales executive 14 time from 2012-2014.
Developed sales strategies, and programs for repeat and referral business.
Screened potential new sales associates. Scheduled and conducted phone interviews.
Evaluated individual sales performance and provided coaching to increase performance.
ATTACHMENT B
References available on request Page 2
Assisted team managers in the closing of sales and help with facilitate owner paperwork.
Conducted motivational sales huddles.
In depth knowledge of the sales process, paperwork flow, and computer systems for document production.
Consistently achieved above average sales performance resulting in numerous awards.
Re/Max Real Estate Agent Re/Max Real Estate Mountain West, CO
September 2001 – Oct 2005
Key Achievements
“Rookie of the Year” in 2003.
Started and implemented a training program for nine agents to determine close percentages and
market strategies.
Created and implemented a marketing campaign that allowed prospects information to be captured for further follow up in order to schedule an appointment and establish a working
relationship.
Restaurant Assistant Manager
Gerard’s Restaurant
Lahaina, HI
September 1998 – September 2001 Key Achievements
Increased annual revenue by 12% by training employees to up sell beverages and meal choices.
Trained new waiters and bus staff in professional and fine dining establishment procedures.
AWARDS AND ACHIEVEMENTS
Customer For Life Award 2006 ~ Starwood Vacation Ownership
Top Producing Sales Manager April 2008 ~ Starwood Vacation Ownership
Recognized for Teamwork and Results ~ Starwood Vacation Ownership
#1 Sales Executive Starwood Vacation Ownership 2012
SPECIAL INTERESTS AND CERTIFICATIONS:
Certified White Water Raft Guide
Certified Swift Water Rescue Tech
Certified Wilderness First Responder
Certified First Aid/CPR
Certified Avalanche Level 1
ATTACHMENT B
05/21/2019
Re: Planning and Zoning Commission Member
I am a highly motivated, detail oriented architectural intern currently working at an
architecture firm in Avon and am interested in applying for the Planning and Zoning
Commission Member position listed with the town of Avon.
I work alongside a team of talented designers and contribute significantly in the production
and development of a wide range of projects. This first hand experience in buildings of
varying scales and typologies will assist in informing my decisions regarding the many
different projects being presented to the Planning and Zoning Commission. After four years
of postgraduate work in the field of design and construction, I believe that I can be an integral
member of the Planning and Zoning Commission and contribute to a coordinated, adjusted,
and harmonious development of the Town of Avon while gaining invaluable knowledge.
While working in the field, I have gained substantial experience and have been given many
responsibilities including creating schematic design presentations, developing construction
documents, communicating with clients, contractors, consultants, vendors, and officials,
attending construction and client meetings, analyzing and documenting existing conditions,
and recording progress on numerous construction sites. I have also attended numerous
planning and zoning meetings and town council meetings so I am familiar with the process
and the role that the Planning and Zoning Commission plays in the development of a project.
With this background and varying experiences in the field of architecture, I will be able to
clearly understand designs being given to the Planning and Zoning Commission for approval.
In addition to my workforce experience, I have lived and worked in the town of Avon for
almost two years. I have also been a part of multiple organizations that strive to make the Vail
Valley a more sustainable, enjoyable, and economically successful place to live and work.
These organizations include the Eagle County Sustainable Building Task Force and the Vail
Valley Partnership’s NEXT Program. Because of my involvement in our community, I feel very
strongly about continuing to make our town a beautiful, prosperous place to live that
members of our community can enjoy now and in the future.
I believe being a member of the Planning and Zoning Commission would be mutually
beneficial because I could gain a deeper understanding of the town of Avon while using what
I have learned so far in helping the Planning and Zoning Commission meet its objectives. I am
eager to learn more about the design review process from the commission while bringing
my own architectural background and perspective.
I look forward to discussing a possible position with the Planning and Zoning Commission
and how I can add to the work that the commission does for the town of Avon. I am confident
that I can be an important asset and immediate contributor to the commission and am
grateful to be considered for this opportunity. Please contact me via e-mail or phone should
you have any questions or require any additional information.
Sincerely,
Rebecca Smith
ATTACHMENT B
REBECCA SMITH
rebeccas@zehren.com
937.902.2769
PO Box 1514
Avon, CO 81620
EDUCATION
Northeastern University Boston, MA
Master of Architecture o5.2015
Bachelor of Science Degree in Architecture, Minor in Art History 05.2014
EXPERIENCE
Zehren and Associates Avon, CO 10.2017-Present
Architectural Intern
Produce construction documents from schematic design through completion.
Responsible for construction administration duties and site observation.
Constuct three dimensional digital models for client renderings.
Correspond with clients, consultants, and contractors through all phases of design.
Research building codes, energy codes, and zoning requirements to inform design.
Document and photograph existing conditions and construction progress.
Burgin Lambert Architects Newport, RI 05.2015-09.2017
Architectural Designer
Drafted and revised construction documents through all phases of design.
Created and developed renderings and animations for client presentations.
Communicated and collaborated directly with clients, consultants, and contractors.
Measured, verified, and documented existing site and building conditions.
Attended client and construction meetings and verified construction progress.
Researched building codes, zoning requirements and coordinated with officials.
Jen Hawkins Events Boston, MA 01.2015-05.2015
Design Intern
Produced event plans illustrating furniture layout, lighting placement, etc.
Conceptualized and created mood boards of various themes for client approval.
Generated interior renderings of event spaces and layouts.
Created graphic layouts for brochures, programs, and invitations.
Measured and documented event spaces for future planning purposes.
Civitects Architects Wareham, MA 01.2012-08.2013
Architectural Design Assistant
Drafted and developed construction documents through various phases of design.
Worked directly with clients, consultants, and contractors throughout projects.
Developed and designed project portfolio sheets, advertisements, and proposals.
Attended construction meetings and verified field conditions.
Created exterior building and landscape renderings for clients.
ORGANIZATIONS
Eagle County Sustainable Building Task Force Member 11.2018-Present
Vail Valley Partnership NEXT Program Participant 01.2018-06.2018
Veterans Count Rhode Island Secretary 08.2015-09.2017
ATTACHMENT B
REBECCA SMITH
rebeccas@zehren.com
937.902.2769
PO Box 1514
Avon, CO 81620
REFERENCES
Wendy Bury 860.235.0101
8 Oak Dr.
Stonington, CT 06378
w_bury@hotmail.com
Jenna Shaw 970.215.8040
38596 US-6 B201
Avon, CO 81620
jenna.shaw18@gmail.com
Matt Hardwick 937.776.9728
2474 River Bend Dr.
Spring Valley, OH 45370
hardwickmatt@hotmail.com
ATTACHMENT B
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Deputy Town Manager
Date: June 25, 2019
Topic: RESOLUTION 19-13 APPOINTING PAUL WISOR AS THE TOWN ATTORNEY AND APPROVING THE
AGREEMENT FOR LEGAL SERVICES WITH GARFIELD & HECHT, P.C.
ACTION BEFORE COUNCIL:
Council is asked to take action on Resolution 19-13 Appointing Paul Wisor as the Town Attorney and
Approving the Agreement for Legal Services with Garfield & Hecht, P.C.
PROPOSED MOTION:
“I move to approve Resolution 19-13 Appointing Paul Wisor as the Town Attorney and Approving the
Agreement for Legal Services with Garfield & Hecht, P.C.
SUMMARY:
After soliciting proposals for legal services and conducting interviews on June 11, 2019, the Town Council
agreed to enter into an agreement for legal services with Garfield & Hecht, P.C. This resolution provides
for the appointment of a new town attorney, Paul Wisor, effective June 25, 2019.
ATTACHMENT:
Resolution 19-13
RESOLUTION 19-13
APPOINTING PAUL WISOR AS THE TOWN ATTORNEY
AND APPROVING THE AGREEMENT FOR LEGAL SERVICES
WITH GARFIELD & HECHT, P.C.
WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, the Home Rule Charter of the Town of Avon states in Chapter X, Section 10.1,
that the Council shall appoint a Town Attorney to serve at the pleasure of the Council, who shall
be admitted to practice in Colorado and shall have been in active practice at least five years prior
to appointment; and
WHEREAS, the Town of Avon solicited proposals for legal services; and
WHEREAS, Paul Wisor of the law firm Garfield & Hecht, P.C., submitted a proposal for
legal services and Mr. Wisor meets the qualifications for appointment as the Town Attorney of
the Town of Avon; and
WHEREAS, The Town Council of the Town of Avon desires to appoint Paul Wisor to
serve as the Town Attorney and desires to retain the law firm of Garfield & Hecht, P.C.; and
WHEREAS, the Town Council desires to promote an efficient transition in the office of the
Town Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON:
1. The Town Council hereby appoints Mr. Paul Wisor as the Town Attorney of the
Town of Avon effective June 25, 2019.
2. The Town Council hereby approves the Agreement for Legal Services with the law
firm of Garfield & Hecht, P.C. attached hereto as Exhibit A and authorizes the Mayor
and Town Clerk to execute the Agreement for Legal Services.
ACCEPTED, APPROVED AND ADOPTED this 25th day of June, 2019.
AVON TOWN COUNCIL
By:_______________________________ Attest:_________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
EXHIBIT A
2041977v1
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
June 25, 2019
VIA EMAIL
Town of Avon
Attn: Honorable Sarah Smith Hymes
P.O. Box 975
Avon, CO 81620
Re: LEGAL REPRESENTATION AND FEE AGREEMENT
Madame Mayor:
1. Scope of Engagement; You Hire Us To Act As Your Attorney: Thank you for the
opportunity to work with the Town of Avon (the “Town”) as its Town Attorney. This letter shall serve as
an agreement for our firm, through the appointment of Paul Wisor by Town Council to serve as Town
Attorney, to represent the Town. Unless you specifically engage us to provide additional services after
the completion of this engagement, we do not undertake to advise you with respect to future legal
developments relating to this engagement.
2. Fees and Staffing; We Bill By The Hour: We will bill the Town on a tiered structure.
Mr. Wisor and Shareholders within the firm within the firm with bill the Town for Town work at a rate of
$195.00 per hour and Associates will be the Town at a rate of $185.00 per hour. For all work provided on
behalf of the Town subject to reimbursement to the Town by developers or other third parties, Mr. Wisor
and Shareholders within the firm will bill at a rate of $245.00 per hour and Associates will bill at a rate of
$210.00. From time to time, we may assign other lawyers, primarily associates, or paralegals for discrete
tasks. We agree to keep records of all time spent. Unless otherwise advised, you will be billed monthly.
Unless otherwise agreed, you will be billed for professionals’ time at increments of 1/10th hour. Our rates
and fees are based on factors set forth in Rule 1.5(a) of the Colorado Rules of Professional Conduct,
applicable to all Colorado attorneys. We periodically review and adjust the hourly rates of our attorneys,
paralegals or other timekeepers in response to rising costs, market conditions or other factors law firms
typically take into account. We shall not adjust our fees without first providing you with at least four (4)
months’ notice prior to any such adjustment. Nothing herein shall be construed as to constitute a multiple
fiscal year obligation of the Town under Article X, Section XX of the Colorado Constitution or any other
provision of Colorado law.
3. Expenses; You Will Reimburse Us For Expenditures On Your Behalf: You agree to
pay promptly for such legal services and to pay all expenses incurred in connection therewith, such as
AVON OFFICE
0070 Benchmark Road
Post Office Box 5450
Avon, Colorado 81620
Telephone: (970) 949-0707
Facsimile: (970) 949-1810
Town of Avon
June 25, 2019
Page 2
2041977v1
long distance, court reporters, data compilation and management, office copying service, postage, Federal
Express or other overnight carriers, filing, recording fees, secretarial overtime, and the like allocated to
your legal matter. We may also incur travel, mileage, lodging and subsistence expenses for your legal
matter for which you are also responsible. In certain matters, we will need to retain consultants, vendors
and experts on your behalf. You authorize us to incur costs on your behalf, but we are not required to do
so. We will attempt to obtain your consent before incurring costs in excess of $500.00, but you
understand that circumstances may make it impractical to obtain your consent before incurring such costs.
You agree that you are solely responsible for any costs incurred on your behalf. In lieu of advancing
costs, we may request funds from you for the payment of anticipated costs, which will be kept in our
COLTAF account until the costs are incurred. These payments or requested funds for payment must be
paid promptly.
4. Litigation; We Cannot Guarantee Success: If our representation of you involves a
contested or adversarial matter, we intend to assert your position vigorously and efficiently. However,
you must understand that, in representing any client in a contested or adversarial matter, we cannot
promise or guarantee the ultimate success of your position, whether in a lawsuit, arbitration or any other
forum. Our performance also depends, in large part, upon your cooperation and particularly upon prompt
receipt of information and instructions from you from time to time as the matter progresses. Further, the
level of activity may, in large measure, depend on the steps the other parties may take and their
willingness, if any, to resolve your dispute without a full-scale trial. We hereby advise you of the
existence of alternative forms of dispute resolution which might reasonably be pursued to attempt to
resolve the legal dispute or to reach the legal objective sought.
5. Payment; We Charge Interest On Late Payment: If you are billed for any legal services
or expenses, you agree that payment must be made within 30 days of the date of any such bill. You will
be charged compounded interest at a periodic monthly rate of 1.5% (this is an annual percentage rate of
18%) on any balance unpaid after 30 days, but in no event less than a 1.5% periodic monthly rate. In
cases of our representation of a corporation or other business entity, your signature below constitutes your
undertaking to be personally responsible for all statements rendered to such entities in the course of our
representation. Unless otherwise agreed, where there are multiple clients, we look to each for full
payment of our bills without having to wait for the others to pay their share pursuant to any arrangement
that may exist among them. In the event that you do not pay an invoice within forty-five (45) days and no
information is brought to our attention regarding a dispute as to the amount owed, we may elect to take
legal action including a collection lawsuit to recover our unpaid legal fees and costs and accrued interest.
Under such circumstances you agree to pay our reasonable legal fees and costs incurred in such collection
activity and you further agree to submit to the jurisdiction of the County or District Court in Colorado of
the county in which our office is located where the primary legal services were provided as reasonably
determined by us.
6. Withdrawal; We Reserve The Right To Withdraw, You May Always Terminate Us:
By written notice, we may withdraw as your counsel for reasons including, but not limited to, failure to
pay fees or expenses, failure to cooperate with the firm, conflicting communications where there is more
than one client and those mandated by the Colorado Rules of Professional Conduct or otherwise provided
in this agreement. If permission for withdrawal from employment is required by court rules, the firm
Town of Avon
June 25, 2019
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2041977v1
shall withdraw upon receiving permission from the court; and you agree to pay all legal fees until such
permission is obtained or otherwise incurred incident to the winding up and conclusion of your
representation. Upon withdrawal, you shall immediately pay any remaining balance owed on your
account. You may also terminate our employment by notifying us in writing. The firm reserves its right
to assert a retaining lien or charging lien, as appropriate, on any unpaid balance.
7. Privacy; Your Assurance Of Confidentiality, When Disclosures Are Permitted:
Subject to professional and ethical standards, all communications between us are protected by the
attorney-client privilege. This privilege may be waived by you if you share the communications or advice
with third parties. We advise you not to share or disclose attorney-client communications to any third
parties without first consulting us. Additionally, we advise that you avoid posting any information related
to the scope of our representation on social media, as this may result in a waiver of the attorney-client
privilege. Any information that you post on social media may be discoverable by adverse parties; we
advise you to avoid posting any information related to the scope of our representation or your underlying
legal matter on social media. Confidential information may be shared by us with other attorneys,
paralegals, contract attorneys or legal assistants and outside consultants retained on your behalf whose
services are necessary in the course of our representation. Confidential information may also be disclosed
by us to third parties where such disclosure is implied from the legal services you have requested us to
provide such as our outside ethics counsel or our IT provider. We protect all such information with
physical, electronic, and procedural safeguards that comply with our professional standards. If we are
representing multiple clients in this matter, it is your responsibility to advise us if any information you
may give us is confidential. Otherwise, all relevant communications received from you may be disclosed
to other clients we represent in this matter.
8. Insurance; We Are Not Responsible For Insurance You May Have: It is possible you
may have insurance policies relating to the matter wherein you have requested our assistance. You should
carefully check all policies and, if coverage may be available, notify the insurance company about the
matter as soon as possible. We do not undertake any responsibility to advise you as to the existence,
applicability or availability of any insurance coverage or to give notice or tender any claims to any
insurance company for any of the matters being handled by this firm. If any insurance company
undertakes the payment of any portion of our billing statements, you will still remain responsible for any
amounts not paid by the insurance company. Finally, if there is insurance involved in any transaction
where we represent you, it is your responsibility to determine whether or not the underwriter has adequate
resources to pay any claim. We are not financial analysts, and we do not have the expertise to advise you
as to the financial condition of any underwriter or insurance agent.
9. Conflicts of Interest; Conflict Checks; Conflicts That May Arise Later and Waivers:
To protect both of us and to comply with our professional obligations, our representation is subject to
clearance of any conflicts of interest with present or former clients of our firm, as well as approval by the
firm’s management which reviews all new matters. Conflicts of interest may also arise at some later date.
If a conflict arises through no fault of our law firm, for example, as a result of a merger or acquisition you
enter, you agree that such circumstances will not be a basis to disqualify us in this or any other matter. If
a conflict arises because a particular lawyer joins our firm, you agree that it will be a sufficient remedy to
screen such lawyer or lawyers from our engagement(s) for you, including any relevant documents. This
Town of Avon
June 25, 2019
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2041977v1
firm represents many companies and individuals. It is possible that during the time we are representing
you, some of our current or future clients will have disputes or transactions with you. You agree that we
may continue to represent or undertake in the future to represent existing or new clients in any matter,
including litigation, even if the interests of such other clients in such other matters are directly adverse to
yours, so long as those matters are not substantially related to our work for you.
10. File Retention Policy; When Your Files May Be Disposed Of: The firm reserves the
right to dispose of any file four (4) years after the legal matters described therein have been resolved or
four (4) years after the last work on the matter has been performed, whichever is first. If you wish to
obtain your file, you must do so by written request within said four (4) year period. You agree to be
responsible for the shipping and handling charges incurred in forwarding these files to you or to any third
party you may designate.
11. Dispute Resolution; We Will Try To Resolve Disputes By Mediation And If Not
Successful Then By Arbitration: In the event of any dispute, controversy or claim (a “Dispute”) arising
from or relating to (1) this agreement or breach thereof, including a dispute as to the amount owed for
legal fees or (2) any representation or services provided by the firm including possible malpractice where
the Dispute cannot be resolved by direct discussions between the parties, you and this firm agree to first
endeavor to resolve the Dispute by mediation before resorting to arbitration. Mediation may be initiated
by written notice by either party who has authority to resolve the Dispute. If the Dispute is not resolved
within sixty (60) days after the beginning of mediation then, upon written notice by either party to the
other, the dispute shall be finally resolved by binding arbitration conducted by, and in accordance with the
rules of the Judicial Arbiter Group, Inc., or, if such entity is no longer functioning, its successor or such
other entity most nearly performing the same function in Colorado as we may reasonably determine. BY
AGREEING TO ARBITRATION THIS FIRM AND YOU AGREE TO WAIVE ANY RIGHT TO A
TRIAL BY JURY. On balance we believe arbitration is a worthwhile way to resolve Disputes because it
can be done expeditiously and with less expense than litigation. The place of mediation and arbitration
shall be in the county in Colorado in which our office is located where the primary legal services were
provided as reasonably determined by us. Except as may be required by law, a party, mediator or
arbitrator may not, with respect to a Dispute, disclose the existence, content or results of any discussions,
mediation, or arbitration hereunder without the prior written consent of both parties, and the process of
discussions, mediation, if necessary, and arbitration, if necessary, shall, to the fullest extent allowed by
law, be the sole means of resolving any Disputes. If we prevail in the arbitration, you agree to pay our
reasonable attorney fees and costs incurred. As to non-payment of legal fees only, and provided neither
party has requested mediation or arbitration, we reserve the right to file a collection lawsuit. If we have
commenced a collection lawsuit for legal fees owed and in the course of that litigation you raise any
matters that are required to be resolved in accordance with the dispute resolution procedures set forth
herein, we shall dismiss or stay the litigation and submit the dispute to these resolution procedures.
12. E-Mail Alerts; Website: If you have provided us with your e-mail or mailing address,
we may periodically send to you via e-mail or regular mail alerts involving firm news or changes in laws.
If you do not wish to receive these alerts, please let us know, and we will omit your name from our
distribution list. Sending such alerts is solely a courtesy to our clients and does not give rise to any duty
on our part to keep you informed of changes in laws or constitute legal advice. Documents we send you
Town of Avon
June 25, 2019
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2041977v1
by e-mail (whether or not containing confidential information) will not be encrypted unless you request
us, in writing, to encrypt outgoing e-mail and we are able, without significant additional cost, to agree
with you and implement mutually-acceptable encryption standards and protocols. We make reasonable
attempts to exclude from our e-mails and any attachments any virus or other defect that might affect any
computer or information technology system. However, it is your responsibility to put in place measures to
protect your computer system against any such virus or defect, and we do not accept any liability for any
loss or damage that may arise from the receipt or use of electronic communication from us. If you are a
corporation or other form of entity, your signature below constitutes a consent to include your name in the
Representative Client listing appearing on our website. We never post the names of individuals on the list.
If you do not wish to have your name appearing on the listing, please let us know.
Please acknowledge your acceptance of the terms set forth herein by executing this letter and
returning it to the undersigned or send it back in electronic format. We look forward to working with you.
Very truly yours,
GARFIELD & HECHT, P.C.
By:
Paul F. Wisor
AGREED TO:
_______________________________
Sarah Smith Hymes,
Mayor, Town of Avon
If a different billing address is not provided below the address at the beginning of this engagement letter
will be used for billing purposes. You may also elect to have your billing emailed to you. Please select
your preferred method of delivery below.
□ Billing Mailing Address: □E-Mail – Billing E-mail Address:
__________________________________ ____________________________
__________________________________
__________________________________
cc: Eric Heil, Avon Town Manager
Page 1
AVON REGULAR MEETING MINUTES
TUESDAY, JUNE 11, 2019
AVON TOWN HALL, 100 MIKAELA WAY
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 5:09 p.m. A roll call was taken, and Council
members present were Amy Phillips, Jennie Fancher, Tamra Underwood, Jake Wolf, Scott Prince and
Chico Thuon. Also present were Town Manager Eric Heil, Police Chief Greg Daly, Planning Director
Matt Pielsticker, Town Engineer Justin Hildreth and Deputy Town Manager Preston Neill.
2. APPROVAL OF AGENDA (MAYOR SMITH HYMES)
Mayor Smith Hymes requested the addition of an informational update on the Avon Whitewater Park. The
group agreed to add the item after Public Comment. Mayor Pro Tem Phillips made a motion to approve the
agenda with the requested change. Councilor Underwood seconded the motion and the motion passed on
a vote of 5 to 1. Councilor Wolf voted no and Councilor Prince was out of the room. After the agenda was
approved, Danita Dempsey was introduced as the Town's new Cultural, Arts and Special Events Manager.
3. PUBLIC COMMENT
No public comments were made.
ADDED ITEM – UPDATE ON AVON WHITEWATER PARK
Eric Heil gave an update regarding the conditions of the Avon Whitewater Park. He explained that the Park
contains a difficult Class V river-wide water feature during high water. He said the Town is recommending
that boaters avoid this feature or use extreme caution if running it. In addition, he explained the Town's
efforts to post signs to properly notice and warn boaters of the difficult river-wide rapids and the conditions
due to high water. Council posed various questions to staff.
4. BUSINESS ITEMS
4.1. PRESENTATION: LEED GOLD CERTIFICATION OF AVON TOWN HALL (TOWN ENGINEER JUSTIN HILDRETH)
Justin Hildreth gave a quick presentation on the Avon Town Hall's recent gold certification from the
Leadership in Energy and Environmental Design (LEED). LEED is an internationally recognized green
certification system that promotes sustainable building and development practices and recognizes
projects that implement strategies for better environmental health and performance. The LEED
certification system is a globally recognized symbol of sustainability achievement.
4.2. CONSENT AGENDA
4.2.1 APPROVAL OF NOTICE OF AWARD FOR RIVERFRONT TRAIL PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
Councilor Fancher moved to approve the Consent Agenda. Councilor Underwood asked staff a few
questions related to the Riverfront Trail Project Notice of Award. Council decided to take on each
Consent Agenda item separately. Councilor Fancher moved to approve issuance of Notice of Award for
the Riverfront Trail Connector Project contract to the low bidder, Site Resource Management, Inc. in the
amount of $175,725. Councilor Prince seconded the motion and the motion passed on a vote of 6 to 1.
Councilor Wolf voted no.
4.2.2 APPROVAL OF MINUTES FROM MAY 28, 2019 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Councilor Underwood moved to approve the minutes from the May 28, 2019 Regular Council meeting.
Page 2
AVON REGULAR MEETING MINUTES
TUESDAY, JUNE 11, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf
voted no and Councilor Thuon abstained from the vote.
4.3. PUBLIC HEARING: SECOND READING ORDINANCE 19-01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE
WAIVERS AND TAX EXEMPTIONS FOR COMMUNITY HOUSING PROJECTS (TOWN MANAGER ERIC HEIL)
Eric Heil presented the item and called Council's attention to a letter submitted earlier in the day by Avon
resident Bette Todd. Council provided various comments and suggestions related to the ordinance and
asked several questions of staff. Mayor Smith Hymes opened the public hearing and no comments were
made. Councilor Underwood moved to continue the Public Hearing and Second Reading of Ordinance 19-01
to the June 25, 2019 Regular meeting. Mayor Pro Tem Phillips seconded the motion and the motion passed
unanimously.
4.4. PUBLIC HEARING: SECOND READING ORDINANCE 19-03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY
HOUSING REQUIREMENTS (PLANNING DIRECTOR MATT PIELSTICKER)
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Fancher moved to
approve second reading of Ordinance 19‐03. Mayor Pro Tem Phillips seconded the motion. Councilor
Underwood asked for input from Ruth Borne and her client about a specific section in the ordinance. Ruth
stated that her client was agreeable to the proposed language. The motion passed on a vote of 6 to 1.
Councilor Wolf voted no.
4.5. PUBLIC HEARING: SECOND READING ORDINANCE 19-04 AMENDING SECTION 9.12.080 OF THE AVON MUNICIPAL CODE
TO AUTHORIZE TOWN COUNCIL AND TOWN MANAGER TO DESIGNATE EVENTS THAT ALLOW PERSONS OVER TWENTY-ONE
YEARS OF AGE TO BRING AND CONSUME ALCOHOL BEVERAGES ON TOWN PROPERTIES (TOWN MANAGER ERIC HEIL)
Mayor Smith Hymes opened the public hearing and no comments were made. Councilor Wolf moved to
approve second reading of Ordinance No. 19-04 Amending Section 9.12.080 to Authorize the Town Council
or the Town Manager to Designate Events that Allow Persons over Twenty-One Years of Age to Bring and
Consume Alcohol Beverages on Town Properties. Councilor Fancher seconded the motion and the motion
passed unanimously.
5. WRITTEN REPORTS
5.1. ABSTRACT FROM JUNE 4, 2019 PLANNING AND ZONING COMMISSION MEETING (PLANNING DIRECTOR MATT PIELSTICKER)
5.2. UPPER EAGLE REGIONAL WATER AUTHORITY MAY 23, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
6. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Councilor Thuon commented on seating in the Town's park areas and suggested that the Town offer more
seating. He also provided comments related to getting the word out on the Avon LIVE! Concert Series and the
need for crosswalks on Highway 6 to make it easier and safer for pedestrians.
Councilor Wolf commented on the Town Clean Up Day event on June 14th.
Councilor Fancher announced that the Avon Recycling Center now has a textile recycling bin.
Page 3
AVON REGULAR MEETING MINUTES
TUESDAY, JUNE 11, 2019
AVON TOWN HALL, 100 MIKAELA WAY
4.6 EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITION RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS AND DEVELOPING STRATEGIES FOR NEGOTIATIONS CONCERNING POTENTIAL TOWN ATTORNEY
CANDIDATES PURSUANT TO C.R.S §24-6-402(2)(E)
Mayor Smith Hymes moved to convene in Executive Session for the purpose of determining position
relative to matters that may be subject to negotiations and developing strategies for negotiations
concerning potential Town Attorney candidates pursuant to C.R.S. §24-6-402(2)(e). Councilor Underwood
seconded the motion and the motion passed unanimously. The time was 6:12 p.m. Executive Session began
at 6:18 p.m. Councilor Prince joined the group at 6:19 p.m. Executive Session ended at 9:18 p.m.
ADDED ITEM – MOTION TO HIRE GARFIELD & HECHT, P.C. FOR TOWN ATTORNEY SERVICES
Mayor Pro Tem Phillips moved to hire Garfield & Hecht, P.C. with Paul Wisor as the representative to provide Town
Attorney services. She further moved to direct staff to request that Paul Wisor attend the June 25th Council Retreat
and a Leadership Team meeting at no expense to the Town. Councilor Fancher seconded the motion and the
motion passed on a vote of 6 to 1. Mayor Smith Hymes voted no.
7. ADJOURNMENT
There being no further business before Council, Mayor Smith Hymes adjourned the Regular meeting. The
time was 9:21 p.m.
Page 4
AVON REGULAR MEETING MINUTES
TUESDAY, JUNE 11, 2019
AVON TOWN HALL, 100 MIKAELA WAY
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:
Preston Neill, Deputy Town Manager
APPROVED:
Sarah Smith Hymes
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra N. Underwood
FISCAL YEAR 2018
FINANCIAL REPORT
June 25, 2019
______________________________________________________________________________________
1. Fiscal Year 2018 Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – April
3. Accommodations Tax Report - April
4. Real Estate Transfer Tax Report and Monthly Detail – April
5. Recreation Center Admissions – April
6. Recreation Center Program Fees - April
7. General Fund Year-To-Date Expenditures - April
8. Fleet Maintenance Fund Year-To Date Expenditures - April
9. Transit Fund Year-To Date Expenditures - April
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Nelly Burns, Senior Accountant Meeting Date: June 25, 2019
Agenda
Topic: Fiscal Year 2019 Financial Report –April 2019 Revenues
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of April totaled $424,685.32, an 7.52% increase from the previous year and
a -4.34% negative variance over the cumulative monthly budgets, which is based on the average of the
relative monthly percentages of taxes collected over a 5-year period.
• Monthly sales tax collections by industry compared to one year ago have increased $6,397 for
Home/Garden, $15,560 for Grocery/Specialty/Health, and $631 for Restaurants/Bars, $12,502 for Other
businesses, and $5,238 for Service Related businesses. Monthly sales tax collections have decreased
($311) for Liquor Stores, ($1,847) for Sporting Good Retail/Rental, ($7,328) for Miscellaneous Retail, and
($1,144) for Accommodations.
• Year-to-date sales tax revenues through April have increased 5.40% over the previous year, which is
$163,086.20 over the previous year and $104,480.66 over original budget estimates.
0.0020000.0040000.0060000.0080000.00100000.00120000.00140000.00
Sales Tax Comparison by Industry
Apr-18 Apr-19
New and Renewed
Business, Contractor & Sales Tax Licenses Issued in April
Business License - Fixed Location 14
Business License - Home Occupation 6
Business License - Short Term Accommodation 10
Business License – Special Event 2
Business License - Vendor 39
Contractor License 18
Liquor License 0
Sales Tax License 21
Grand Total 110
ACCOMMODATIONS TAX
• Accommodations tax revenue for month of April totaled $31,824.90, a 4.36% decrease from the previous
year and a 29.12% negative variance from the cumulative monthly budgets, which is based on the average
of the relative monthly percentages of taxes collected over a 5-year period.
• Monthly accommodations tax collections increased $2,671.29 for time shares, and decreased $4,049.38 for
hotels, and $72.28 for vacation rentals compared to April 2018.
• Year-to-date sales tax revenues through April have increased 11.89% over the previous year, which is
$72,069.25 over the previous year and $24,878.29 over original budget estimates.
REAL ESTATE TRANSFER TAX
• Real estate transfer tax collections for the month of April totaled $312,899.53, an increase of 155.82% from
the previous year and a positive variance of 113.15% over the cumulative monthly budgets, which is based
on average of the relative monthly percentages of taxes collected over a 5-year period.
Real Estate Transfer Tax (RETT) Transactions April
RETT Transactions which paid 2% tax 13
RETT Exemptions for Primary Residence 0
RETT Exemptions for Full Exemption 11
Grand Total 24
-
5,000.00
10,000.00
15,000.00
20,000.00
Time Shares Hotels Vacation Rentals
Accommodation Tax by Type
Apr-18 Apr-19
RECREATION CENTER ADMISSIONS
• April admission fees totaled $53,085.20 a 14.13% decrease from the previous year. This is a 27.73%
negative variance compared to the monthly budget, which is based on average of the relative monthly
percentages of taxes collected over a 5-year period. The recreation center is completing a remodel of the
weight room and admission revenues are expected to increase due to these upgrades.
RECREATION CENTER PROGRAM FEES
• This is the first month of reporting Recreation Program Fees. Program fees include facility rentals, sales of
merchandise, other services, fitness programs, adult programs, lake equipment rentals, athletic field
rentals, and youth programs.
• April program fees totaled $31,132.63 which is a 32.07% decrease from the previous year. This is a 13.58%
negative variance compared to the monthly budget, which is based on average of the relative monthly
percentages of taxes collected over a 5-year period. The reduction in program fees is mainly attributable
in a 3-week delay in starting the summer youth camp season due to a revised school calendar. Additionally,
Ascent Physical Therapy is no longer leasing space in the recreation center.
Expenditures
• General Fund expenditures through April 2019 total 32.68% of the total budget. These expenditures include
insurance premiums, computer services, events, community grants, equipment replacement, contract
services, janitorial and legal services.
• Fleet expenditures through April 2019 total 32.95% of the total budget. These costs include expenditures
of stock parts, fleet maintenance, debt service interest, and insurance premiums.
• Mobility funds are April 2019 total 29.09% of the total budget. These expenditures include costs of diesel,
fleet maintenance, equipment replacement, capital lease payments, and insurance premiums.
$-
$20,000
$40,000
$60,000
$80,000
2015 2016 2017 2018 2019
Recreation Center Admissions -April
$-
$10,000
$20,000
$30,000
$40,000
$50,000
2015 2016 2017 2018 2019
Recreation Center Program Fees -April
TOWN OF AVON
SALES TAX
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 817,828.62 819,179.33$ 1,350.71$ -0.80%0.17%
February 673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 829,920.52 809,165.90 (20,754.62) 3.02%-2.50%
March 793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 987,540.28 1,130,669.61 143,129.33 11.46%14.49%
April 381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 443,930.08 424,685.32 (19,244.76) 7.52%-4.34%
May 340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 415,276.78 -
June 538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 697,261.19 -
July 570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 703,842.63 -
August 547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 645,210.78 -
September 546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 690,724.07 -
October 417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 486,978.23 -
November 397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 472,086.18 -
December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,319,545.64 -
Total 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,510,145$ 3,183,700.16$ 104,480.66$ 5.40%3.39%
Actual Collections
$370,000
$380,000
$390,000
$400,000
$410,000
$420,000
$430,000
$440,000
$450,000
2015 2016 2017 2018 2019
Year
Sales Tax Collections for April
TOWN OF AVON
ACCOMMODATIONS TAX
2019 Actual vs. Budget
Budget YTD Collections Budget % change % change
2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budget
January 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,298$ 197,879.22$ 9,581.20$ 8.97%5.09%
February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,220 203,190.38 1,970.70 9.16%0.98%
March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,566 246,969.61 26,403.89 19.43%11.97%
April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,902 31,824.90 (13,077.50) -4.36%-29.12%
May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,340 -
June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,181 -
July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 115,930 -
August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,631 -
September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,189 -
October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,844 -
November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,747 -
December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,570 -
Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,373,418.00$ 679,864.11$ 24,878.29$ 11.86%3.80%
0.88 0.88 0.97 1.00 0.97
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
2015 2016 2017 2018 2019
Accommodations Tax Collections for April
Town of AvonReal Estate Transfer Tax 2019 Actual vs. BudgetBudget YTD Collections $ Change % of Change % change 2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54% -21.96%55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65$ 10.81% 84.68%125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61 180,819.76 (163,736.98)$ -47.52% -14.87%144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60 312,899.53 190,587.32$ 155.82% 113.15%121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60 90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88 386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66 97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88 157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97 169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54 112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57 83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18 1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 864,969.45$ (135,541.21)$ -13.55%40.90%Budget 2,775,000.00 Variance, Favorable (Unfavorable) (1,910,030.55)$ Actual Collections$0$50,000$100,000$150,000$200,000$250,000$300,000$350,0002015 2016 2017 2018 2019YearReal Estate Transfer Tax for April
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.40$ (6,733.03)$ -17.61%-8.45%
February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90)$ -14.59%-19.20%
March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34 78,824.90 (6,780.44)$ -0.31%-7.92%
April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13 53,085.20 (15,614.93)$ -14.13%-22.73%
May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96
June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62
July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93
August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12
September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74
October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61
November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24
December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 186,927.10
Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 965,951$ 269,759.70$ (44,547.30)$ -11.68%-14.17%
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
2015 2016 2017 2018 2019
Recreation Center Admissions -April
TOWN OF AVON
RECREATION CENTER PROGRAM FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 19,367.43$ 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 31,321.54$ 26,095.68$ (5,225.86)$ -19.38%-16.68%
February 26,144.75 20,734.70 22,435.59 28,915.58 35,279.57 34,577.95 23,197.74 (11,380.21)$ -34.25%-32.91%
March 19,727.40 15,184.33 19,132.72 29,016.16 28,669.46 28,937.09 27,280.96 (1,656.13)$ -4.84%-5.72%
April 29,969.50 18,360.00 18,538.66 26,397.13 45,827.30 36,023.74 31,132.63 (4,891.11)$ -32.07%-13.58%
May 31,395.87 22,175.69 39,447.85 44,605.22 37,300.42 45,304.03
June 41,698.34 31,443.66 33,369.05 45,885.37 37,231.17 49,111.86
July 48,801.54 29,162.29 44,969.88 46,745.40 49,968.33 56,886.73
August 41,195.29 31,055.94 46,025.52 52,318.40 64,320.46 60,841.05
September 15,886.00 18,209.25 36,240.11 30,853.05 41,463.74 36,945.64
October 19,819.50 20,380.77 22,068.60 26,881.06 26,782.63 30,025.50
November 9,991.00 20,095.40 30,866.78 25,906.72 24,952.65 28,958.46
December 16,653.80 21,918.03 30,294.89 37,309.30 26,328.09 34,317.39
Total 320,650$ 271,972$ 360,523$ 423,649$ 450,492$ 473,251$ 107,707.01$ (23,153.32)$ -24.23%-17.69%
Actual Collections
$-
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
$50,000
2015 2016 2017 2018 2019
Recreation Center Program Fees -April
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 262,117$ 864$ 109,812$ 151,441$ 42.22%
112 Boards and Commissions 16,049 - 3,495 12,554 21.78%
113 Town Attorney 155,000 2,176 48,753 104,071 32.86%
115 Town Clerk 120,800 8,406 25,450 86,943 28.03%
121 Municipal Court 155,008 13,117 36,260 105,631 31.85%
131 Town Manager 386,895 2,293 49,679 334,923 13.43%
133 Community Relations 202,582 16,510 40,009 146,062 27.90%
Total General Government 1,298,451 43,367 313,459 941,625 27.48%
Human Resources Department:
132 Human Resources 537,456 16,421 130,231 390,805 27.29%
Finance & IT Department:
141 Finance 997,181 94,391 272,959 629,831 36.84%
143 Information Systems 431,091 47,404 141,451 242,236 43.81%
149 Nondepartmental 583,517 95,416 357,634 130,467 77.64%
Total Finance & IT 2,011,789 237,211 772,044 1,002,533 50.17%
Total General Gov't Departments 3,847,696 296,998 1,215,734 2,334,963 39.32%
Community Development:
212 Planning 293,353 24,695 79,779 188,879 35.61%
213 Building Inspection 177,039 2,966 58,836 115,237 34.91%
215 Town Produced Events 210,019 10,881 64,556 134,582 35.92%
216 Signature Event Seed Funding 500,000 47,478 83,877 368,645 26.27%
217 Community Grants 201,000 - 119,400 81,600 59.40%
218 Salute to the USA 110,715 793 19,988 89,934 18.77%
Total Community Development 1,492,126 86,813 426,436 978,877 34.40%
Police Department:
311 Administration 795,463 29,278 301,474 464,710 41.58%
312 Patrol 2,778,057 94,236 787,236 1,896,585 31.73%
313 Investigations 315,990 1,140 94,617 220,233 30.30%
Total Police 3,889,510 124,654 1,183,328 2,581,528 33.63%
Public Works:
412 Engineering 275,025 2,425 72,116 200,484 27.10%
413 Roads and Bridges 2,321,714 219,551 731,826 1,370,337 40.98%
415 Parks 671,860 50,933 187,320 433,607 35.46%
418 Buildings & Facilities 1,169,504 82,887 427,485 659,132 43.64%
Total Public Works 4,438,103 355,796 1,418,746 2,663,560 39.98%
Recreation Department:
514 Administration 244,297 13,367 81,904 149,026 39.00%
515 Adult Programs 62,701 750 18,008 43,943 29.92%
516 Aquatics 629,604 18,640 210,859 400,105 36.45%
518 Fitness 136,807 - 83,090 53,717 60.74%
519 Guest Services 336,180 1,477 105,560 229,143 31.84%
521 Youth Programs 161,580 2,234 37,789 121,556 24.77%
523 Community Swim Program 63,324 510 24,409 38,405 39.35%
Total Recreation 1,634,493 36,979 561,620 1,035,894 36.62%
Contingency 100,000 100,000
Operating Transfers 1,870,000 (63,223) 1,870,000
1,870,000
TOTAL OPERATING EXPENDITURES 17,271,928$ 901,241$ 4,742,642$ 11,564,823$ 32.68%
Department Expenditure Summaries
General Fund
April 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,801,273$ 85,925$ 507,576$ 1,207,773$ 32.95%
Total Operating Expenditures 1,801,273 85,925 507,576 1,207,773 32.95%
TOTAL EXPENDITURES 1,801,273$ 85,925$ 507,576$ 1,207,773$ 32.95%
Expenditure Summary
Fleet Maintenance Enterprise Fund
April 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 286,200$ 19,032$ 116,189$ 150,979$ 47.25%
432 Transit Operations 2,087,011 2,015 596,411 1,488,585 28.67%
436 Wash Bay 169,093 7,442 58,637 103,015 39.08%
437 Programs 373,720 - 48,479 325,241 12.97%
Total Operating Expenditures 2,916,024 28,488 819,716 2,067,819 29.09%
TOTAL EXPENDITURES 2,916,024$ 28,488$ 819,716$ 2,067,819$ 29.09%
Expenditure Summary
Mobility Enterprise Fund
Apr 2019 Expenditures to Date
1 PZC Abstract – June 18, 2019
Planning & Zoning Commission
Meeting Abstract
Tuesday, June 18, 2019
I. Call to Order – The meeting was called to order at 5:03 pm.
II. Roll Call – All commissioners were present except Commissioner Howell.
III. Conflicts of Interest – No conflicts of interest were disclosed.
IV. Additions & Amendments to the Agenda – There were no additions or amendments to the agenda.
V. Major Subdivision – PUBLIC HEARING
File: SUB19006
Applicant: Jim Telling
Property: Lot 5, Riverfront Subdivision
Owner: CRP/EWP Riverfront Avon Owner I, LLC
Summary: Jim Telling presented the Preliminary and Final Plat (combined review) application for
resubdivision of Lot 5, creating 13 residential lots and 4 tracts within the Riverfront
Subdivision. The plat also creates a common driveway named Waterfront Way.
Action: Commissioner Golembiewski motioned to approve the application with the following
findings and conditions:
Findings:
1. The application is complete;
2. The application provides enough information to determine that the application
complies with the relevant review criteria;
3. The application was reviewed in accordance with the general procedures outlined in
Code Section 7.16.020;
4. The PZC held a public hearing on June 18, 2019, after providing necessary public
notification in accordance with the Code;
5. The review criteria in Code Sections 7.16.070(e) and 7.16.070(f) were reviewed and
substantial compliance with the criteria was found;
6. The application complies with the stated purposes of the Development Code.
Condition:
1. Final review of technical correctness of the drawings is required before recording.
Commissioner Barnes seconded the motion and it carried unanimously 5‐0.
VI. Work Session – Housing in IC Zone District
Action: Staff presented a proposal for including residential development as a Special Review
Use in the Light Industrial and Commercial Employment District. Staff solicited
answers to various questions for guidance.
VII. Consent Agenda
A – PZC Meeting Minutes – June 4, 2018 Meeting Minutes
B – Record of Decision – Variance VAR19001 / 2011 Beaver Creek Point
C – Record of Decision – Temporary Use TMP19001 / Filing 3, Village at Avon
Action: Commissioner Nusbaum motioned to approve the meeting minutes. Commissioner
Dammeyer seconded the motion and it carried unanimously 5‐0.
2 PZC Abstract – June 18, 2019
VIII. Other Business ‐ Staff mentioned that the Nottingham Park landscape plan will be coming to PZC soon.
IX. Adjourn – The meeting was adjourned at 6:33 pm.