TC Packet 04-28-2020_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND 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 TOWN COUNCIL MEETING AGENDA
TUESDAY, APRIL 28, 2020
MEETING BEGINS AT 5:20 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
!! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
AVON LIQUOR LICENSING AUTHORITY M EETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA ON PAGE 3)
AVON TOWN COUNCIL REGULAR MEETING BEGINS AT 5:20 PM
1. CALL TO ORDER AND ROLL CALL 5:20
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. 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.]
4.1. SALVATION ARMY UPDATE (TSU WOLIN-BROWN, SALVATION ARMY) (10 MINUTES)
5. BUSINESS ITEMS
5.1. PLANNING AND ZONING COMMISSION APPOINTMENTS (PLANNING DIRECTOR MATT PIELSTICKER) (30
MINUTES) 5:30
5.2. PUBLIC HEARING RESOLUTION NO. 20-12: A SUPPLEMENTAL AMENDMENT TO 2020 CAPITAL PROJECTS
FUND BUDGET (ASSISTANT TOWN MANAGER AND FINANCE DIRECTOR SCOTT WRIGHT) (60 MINUTES)
6 :00
5.3. WORK SESSION: DEED RESTRICTED HOUSING PROGRAM (TOWN MANAGER ERIC HEIL AND TOWN
ATTORNEY PAUL WISOR) (45 MINUTES) 7:0 0
5.4. FIRST READING OF ORDINANCE 20-05, APPROVING CODE TEXT AMENDMENTS FOR ELECTRIC VEHICLE
CHARGING, BOILER EFFICIENCY AND SOLAR-READY REQUIREMENTS (TOWN PLANNER DAVID
MCWILLIAMS) (20 MINUTES) 7:45
5.5. DISCUSSION OF SALUTE TO THE USA FIREWORKS (CASE MANAGER DANITA DEMPSEY) (30 MINUTES)
8 :05
5.6. APPROVAL OF MINUTES FROM APRIL 23, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA
TORRES) (5 MINUTES) 8:35
6. WRITTEN REPORTS
6.1. APRIL 7TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT
PIELSTICKER)
6.2. MONTHLY FINANCIAL REPORT (SENIOR ACCOUNTANT NELLY BURNS)
7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 8:40
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND 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.
2
8. ADJOURN 8:5 0
___________________________________________________________________________________________________________________________________________________________________________________________
*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 COUNCIL MEETINGS
o TUESDAY, MAY 12
o TUESDAY, MAY 26
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, APRIL 28, 2020
MEETING BEGINS AT 5:00 PM
!! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND 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. 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 ALLOWE D TO EACH PERSON WIS HING TO SPEAK. SPEAKER MAY REQUEST MORE
TIME AT THE END OF THE TH REE (3) MINUTES, WHICH MAY BE APPROV ED BY A MAJORITY OF THE COUNCIL .]
4. PUBLIC HEARING FOR NEW OPTIONAL PREMISES LIQUOR LICENSE
4.1. APPLICANT NAME: TOWN OF AVON D/B/A TOWN OF AVON
LOCATION: 1 LAKE STREET / NOTTINGHAM PARK
TYPE: OPTIONAL PREMISES LIQUOR LICENSE
MANAGER: DANITA DEMPSEY
ACTION: RESOLUTION NO. 20-01
5. PUBLIC HEARING FOR NEW BEER AND WINE LIQUOR LICENSE
5.1. APPLICANT NAME: CRIPPLE CREEK BACKCOUNTRY, INC D/B/A CRIPPLE CREEK BACKCOUNTRY
LOCATION: 82 E BEAVER CREEK BLVD #M-102
TYPE: BEER AND WINE (CITY) LIQUOR LICENSE
OWNERS: RANDALL YOUNG AND DOUGLAS STENCLIK
ACTION: RESOLUTION NO. 20-02
6. APPROVAL OF THE MINUTES FROM OCTOBER 22, 2019 MEETING
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
8. ADJOURNMENT
Page 1 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for new Optional Premises License
for Town of Avon d/b/a Town of Avon
DATE: April 28, 2020
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY
Public Hearing will be hosted in a virtual format, using Zoom.us due to COVID-19. Town Council acting as the Local
Liquor Licensing Authority is asked to consider the liquor license application for the following new Optional Premises
Liquor License:
Applicant: Town of Avon d/b/a Town of Avon
Location: 1 Lake Street
Type: Optional Premises Liquor License
Owner: Town of Avon
Action: Resolution No. 20-01
PROPOSED MOTION
I move to approve Resolution No. 20-01, A Resolution Approving the Application of Town of Avon d/b/a Town
of Avon for an Optional Premises Liquor License.
BACKGROUND
Attached is the Report of Findings for this application submitted by the applicant on March 11, 2020. The Town
Clerk and Town Special Counsel have reviewed the application for complete information and public notice was
posted on the premises, Town website, and published in the Vail Daily as documented in the report of findings. A
background investigation has been completed by the Avon Police Department and Colorado Bureau of
Investigations, which indicates no areas of concern. That background report is on file with the Clerk and a copy will
be provided separately to the Liquor Authority Board. Please note that the Town Attorney will be able to assist with
questions related to the review of background information as it relates to the review of the applicant’s character.
FINDINGS
Information in the Report of Findings addresses how the applicant has met the criteria outlined in Section 5.08 of
the Avon Municipal Code and in the State Liquor and Beer Code. The report indicates that the applicant has
established that she is qualified to hold the license. The applicant has the burden of providing prima facie evidence
that the reasonable requirements of the neighborhood support granting of the license. In this regard, the applicant
has provided a staff report offering evidence of neighborhood need.
The applicant has submitted a diagram of the premises and completed all necessary state forms. The manager
Danita Dempsey has been notified and will attend the virtual meeting to which she has agreed in writing. The
application fees for the license requested have been submitted for both the Town and State. If the Authority decides
to grant the license requested, it may do so by approving the attached resolution.
Page 2 btorres@avon.org
ATTACHMENTS
1. Addendum to Memo Outlining Role of Authority for New Liquor License Applications
2. Report of Findings
3. Resolution No. 20-01, Approving the Application of Town of Avon d/b/a Town of Avon for an Optional
Premises Liquor License
4. Colorado Liquor License Application
5. Diagram of Premises
The following documents, provided with the application submittal, are on file at the Town Clerk’s office:
• Individual History Record and Background reports from Avon Police Department and CBI
• Ordinance 20-03 Adding Section 5.08.210 to Title 5 to the Municipal Code to Permit Optional
Premises Liquor Licenses
• TC Resolution 20-03 Designating Event Venue, Setting Forth Details to Contain the Premise, and
Designating the Alcohol Storage for the Optional Premises Liquor License - Local Option for
Nottingham Park
• TC Resolution 20-04 Designating the Event Manager for the Town of Avon’s Optional Premises
Liquor License - Local Option
Page 3 btorres@avon.org
1. Addendum to Memo for New Liquor License Applications
Background on the Role of Liquor Licensing Authority in Consideration of New Licenses:
The Avon Town Council acting as the Local Liquor Licensing Authority has the duty to conduct hearings and make
findings of fact as to whether to grant or deny a new local liquor license. The State Licensing Authority cannot grant
or issue any new license until the Authority has first approved the application by conducting a hearing for such
license. If the Authority denies the application, the Executive Director of the State of Colorado cannot override its
decision. If the Authority approves a license, the State Licensing Authority cannot refuse to issue the license except
upon hearing with a 15-day notice to the applicant and the Authority. Once the state license is received by the
Town Clerk's Office and the Certificate of Occupancy has been received from the Building Department, the
Town and State licenses can be issued.
The Town Clerk, Town Attorney and Police Department handle the review of the liquor license applications
administratively. A Report of Findings is completed by the Town Clerk and provided to the applicants five days prior
to the hearing. The Authority members are provided application materials when it appears on the Liquor Board
Agenda. A public hearing is conducted for all new license applications. The Local Authority’s decision is usually
given at the conclusion of the hearing although it may be delayed. The decision must be given in writing within
30 days after the date of the hearing and may follow in the form of a resolution. The motion to approve or
disapprove should be explicit stating the exact reasons for denial or approval. A motion to deny a license must
be based on evidence presented at the hearing.
The Liquor Code of Colorado and Avon Municipal Code provide that, in making a decision to grant or deny a new
license, the Local Licensing Authority shall consider the following:
All material in evidence before it including the reasonable requirements of the neighborhood
and the desires of the inhabitants of the neighborhood, the number, character and hours of
other outlets located in or near the neighborhood and all other factors pertinent to the location,
as well as any other matters concerning the qualifications of the applicant to conduct the type
of business proposed.
The applicant has the burden of making a prima facie showing that the desires of the inhabitants and reasonable
requirements of the neighborhood establish the need for the issuance of the license.
Requests for licenses may be denied for various reasons such as that the applicant is not of good moral
character, the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is within 500
feet of any school.
LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF AVON, COLORADO
Report of Findings Town of AvonTown of Avon
Page 1 of 2
RE THE APPLICATION OF )
Town of Avon d/b/a Town of Avon )
REPORT OF FINDINGS
1 LAKE STREET -NOTTINGHAM PARK )
AVON, COLORADO )
FOR A NEW OPTIONAL PREMISES LIQUOR LICENSE )
TO: THE APPLICANT ABOVE AND OTHER INTERESTED PARTIES
SUBMITTED BY: BRENDA TORRES, TOWN CLERK, TOWN OF AVON
DATE: APRIL 22, 2020
PURSUANT to the Statutes of the State of Colorado, the Ordinances of the Town of Avon, and
the Rules and Procedures of the Local Licensing Authority, the applicant is hereby advised that, with
regard to the application for an Optional Premises Liquor License filed with the Town Clerk’s Office on
March 11, 2020, an investigation has been made, and the Report of Findings is as follows:
1. The location of the premise is 1 Lake Street, Avon, Colorado.
2. The applicant has submitted a diagram of the premises showing the floor plan of the area.
3. The operation of a business and sale of liquor in this the proposed location is in an area
permitted under the applicable zoning laws of the Town of Avon.
4. The proposed area in which the liquor is to be sold is not located within 500' of any public or
parochial school or the principal campus of any college, university or seminary.
5. The appropriate documents, i.e. individual history records & fingerprints, required to conduct
the background investigation have been submitted to the Colorado Bureau of Investigation
(“CBI”) and Avon Police Department. The results will be provided to the Liquor Authority Board.
The final background report from CBI has been received, see below for name of applicant:
Title Name Address Telephone
Manager Danita Dempsey 100 Mikaela Way
Avon, CO 81620
(970) 748-4065
6. The applicant has submitted the appropriate application fees to the Town Clerk for costs
associated with a new application. If the Optional Premises License is approved by Avon’s Local
Liquor Authority, the appropriate executed paperwork has been forwarded, as concurrent
review, to the Liquor Enforcement Division for its approval and issuance of the State license.
Upon receipt of the State License, the Town Clerk will issue the town license to the applicant.
7. The public hearing on this application will be virtually held using Zoom.us due to COVID-19 on
April 28, 2020 at 4:00 p.m. Public Notice was given regarding said application and scheduled
hearing date and was published in the Vail Daily on April 18, 2020 and posted on premises of the
proposed location ten days prior to the hearing. At said hearing, the applicant shall have an
LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF AVON, COLORADO
Report of Findings Town of AvonTown of Avon
Page 2 of 2
opportunity to be heard regarding all matters related to the application, including all matters set
forth herein. The applicant has agreed in writing to the virtual hearing.
8. The “neighborhood” has been established by the Avon Liquor Licensing Authority through its
adoption of Resolution No. 04-04 on November 23, 2004, which states that “the neighborhood
to be served by any applicant for liquor license of any kind shall be the Town of Avon, including
residents of the Town, persons working in the Town and visitors to the Town.”
9. At the public hearing, the applicant has the bur den of proving that she is qualified to hold the
license applied for, and that her character, record and reputation are satisfactory. The applicant
also has the burden of providing prima facie evidence of neighborhood need for the license
requested, which she may do with presentation of petitions, remonstrances, or otherwise. Any
documentary evidence presented shall be included as a part of this findings and public record.
10. The applicant is advised to obtain and read a copy of the State of Colorado Liquor and Beer
Codes and Regulations and the Town Code Section on Liquor Licenses (Title 5, Chapter 5.08).
These regulations can be found on the following websites:
https://www.colorado.gov/pacific/enforcement/liquor
https://library.municode.com/co/avon/codes/home_rule_charter_and_code?nodeId=CD_TIT5BUT
ALIRE_CH5.08LILI
E-mailed on April 22, 2020.
LIQUOR LICENSING AUTHORITY
TOWN OF AVON
RESOLUTION 20-01
A Resolution Approving the Application of Town of Avon d/b/a Town of Avon for an Optional
Premises new Liquor License
WHEREAS, on March 11, 2020, the Liquor Licensing Authority of the Town of Avon (“the Authority”) did
receive and consider the application of Town of Avon, whose mailing address is PO Box 975, Avon, Colorado,
for an Optional Premises License located at 1 Lake Street, Avon, Colorado; and
WHEREAS, the Authority finds that Notice of Application was published in the Vail Daily on April 18,
2020 and proof of publication by the publisher of the Vail Daily was received; and
WHEREAS, the Authority finds that the application was in proper form and accompanied by the
necessary supplementary evidentiary material required by law, the regulations of the State of Colorado and
the Authority; and
WHEREAS, the application was supported by the applicant’s presentation to the Authority, including
evidence that the Avon Town Council publicly adopted appropriate ordinance and resolutions required to
support this new license, at which hearings no public remonstrances were made, and that no objection to
the proposed license was received by the Town in any other manner throughout the consideration period;
and
WHEREAS, the neighborhood to be served by the proposed licensee has been determined to be the
Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town as
stated in TC Resolution No. 04-04 adopted on November 23, 2004; and
NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DOES FIND:
1. The applicant is of good moral character and reputation.
2. The neighborhood to be served by the applicant is the Town of Avon, including residents of the Town,
persons working in the Town and visitors to the Town.
3. There does exist a reasonable need and desire in such neighborhood for the type of license for which
application is made.
4. The adult inhabitants of the neighborhood desire that the license be granted.
ADOPTED ON APRIL 28, 2020 BY THE LOCAL LIQUOR AUTHORITY.
TOWN OF AVON, COLORADO
______________________________ __________________________
Sarah Smith Hymes, Chairman Brenda Torres, Secretary
970-748-4065 ddempsey@avon.org
970-300-4373 pwisor@garfieldhecht.com
TO: Liquor Licensing Authority
FROM: Danita Dempsey, CASE Manager; Paul Wisor, Town Attorney
RE: Optional Premise Liquor License Application
DATE: April 24, 2020
SUMMARY: The Liquor Licensing Authority is asked to approve Resolution 20-01 granting the Town of Avon
Optional Premise Liquor License.
BACKGROUND: Town Council provided direction to Staff to operate and sell liquor as a means of increasing
potential revenue for special events. In 2019, the Town of Avon used the maximum amount of Special Event
Liquor permits (fifteen) permitted under state law during the event season. Staff researched liquor license
options for similar municipally operated event facilities in other communities and recommended utilizing an
Optional Premise Liquor License as an alternative to the Special Event Permits.
An Optional Premises Liquor License will allow the Town to operate and manage alcohol beverage sales at
Town produced events at Town outdoor sports and recreational facilities and not be restricted to maximum
of fifteen Special Event Liquor permits during a calendar year. Additionally, with advance notice to the state,
an Optional Premise Liquor License can be shut-off if there is an application for a Special Event Permit during
the same period within the same premises.
Staff prepared the appropriate Ordinance and Resolutions required to apply for a Colorado Liquor Retail
License. Through first and second hearing of Ordinance 20-03, hearings of Resolutions 20-03 and 20-04,
and through Public Notice through the Town Clerk’s Office, the public had an opportunity to address Town
Council regarding concerns and/or objections regarding an Optional Liquor License Local Option.
CRS § 44-3-301(2): Before granting any license, all licensing authorities shall consider ... the
reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidenced by
petitions, remonstrances, or otherwise, and all other reasonable restrictions that are or may be
placed upon the neighborhood by the local licensing authority.
There were no members of the public or neighborhood remonstrances during the hearings and Staff can
affirm that there have not been any other written or verbal statements of concerns or objections.
On March 10, 2020 Town Council adopted (1.) Ordinance 20-03, which authorized Staff to apply to the Local
Liquor Licensing Authority to hold events and sell alcohol at such events located at outdoor sports and
recreational facilities pursuant to an Optional Premises License; (2.) Resolution 20-03 Designating the Event
Venue, Setting Forth Details to Contain the Premises, and Designating the Alcohol Storage for the Optional
Premise Liquor License Local Option; and (3.) Resolution 20-04 Designating the Event Manager for the Town
of Avon’s Optional Premises Liquor License - Local Option.
On March 11, the Town of Avon submitted the Colorado Liquor Retail License Application to the Town Clerk’s
office. During the review process it was determined that:
FINANCIAL CONSIDERATIONS: An Optional Premises Liquor License could potentially allow the Town to
generate an additional $40,000 in net revenue each year. The original cost of obtaining the license will be
$2150 in fees paid to the State plus $1075 paid in fees to the Town. The license must be renewed annually,
which will cost $500 in fees paid to the State plus $175 in fees paid to the Town.
Page 2 of 2
RECOMMENDATION: Staff recommends approval Resolution 20-01 granting the Town of Avon Optional
Premise Liquor License.
Thank you, Paul and Danita
Page 1 btorres@avon.org
TO: Avon Liquor Licensing Authority
FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for new Beer and Wine License
for Cripple Creek Backcountry, Inc d/b/a
Cripple Creek Backcountry
DATE: April 28, 2020
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY
Public Hearing will be hosted in a virtual format, using Zoom.us due to COVID-19. Town Council acting as the Local
Liquor Licensing Authority is asked to consider the liquor license application for the following new Beer and Wine
Liquor License:
Applicant: Cripple Creek Backcountry, Inc d/b/a
Cripple Creek Backcountry
Location: 82 E. Beaver Creek Blvd. #M-102
Type: Beer and Wine Liquor License
Owner: Randall Young and Douglas Stenclik
Action: Resolution No. 20-02
PROPOSED MOTION
I move to approve Resolution No. 20-02, A Resolution Approving the Application of Cripple Creek
Backcountry, Inc d/b/a Cripple Creek Backcountry for a Beer and Wine Liquor License.
BACKGROUND
Attached is the Report of Findings for this application submitted by the applicant on March 11, 2020. The Town
Clerk and Town Special Counsel have reviewed the application for complete information and public notice was
posted on the premises, Town website, and published in the Vail Daily as documented in the report of findings. A
background investigation has been completed by the Avon Police Department and Colorado Bureau of
Investigations, which indicates no areas of concern. That background report is on file with the Clerk and a copy will
be provided separately to the Liquor Authority Board. Please note that the Town Attorney will be able to assist with
questions related to the review of background information as it relates to the review of the applicant’s character.
FINDINGS
Information in the Report of Findings addresses how the applicant has met the criteria outlined in Section 5.08 of
the Avon Municipal Code and in the State Liquor and Beer Code. The report indicates that the applicant has
established that he is qualified to hold the license. The applicant has the burden of providing prima facie evidence
that the reasonable requirements of the neighborhood support granting of the license. Applicant has provided an
on-line petition with nine signatures attached. The applicant has stated that all nine signatories are residents of
Avon.
The applicant has submitted a diagram of the premises and completed all necessary state forms. The owners have
been notified and will attend the virtual meeting to which they have agreed in writing. The application fees for the
license requested have been submitted for both the Town and State. If the Authority decides to grant the license
requested, it may do so by approving the attached resolution.
Page 2 btorres@avon.org
ATTACHMENTS
1. Addendum to Memo Outlining Role of Authority for New Liquor License Applications
2. Report of Findings
3. Resolution No. 20-02, Approving the Application of Cripple Creek Backcountry, Inc. d/b/a Cripple Creek
Backcountry for a Beer and Wine liquor License
4. Colorado Liquor License Application
5. Diagram of Premises
The following documents, provided with the application submittal, are on file at the Town Clerk’s office:
• Individual History Record
• Articles of Organization
• Certificate of Good Standing
• Individual History Record and Background reports from Avon Police Department and CBI
• Documents establishing neighborhood need as may yet be provided by the applicant
Page 3 btorres@avon.org
1. Addendum to Memo for New Liquor License Applications
Background on the Role of Liquor Licensing Authority in Consideration of New Licenses:
The Avon Town Council acting as the Local Liquor Licensing Authority has the duty to conduct hearings and make
findings of fact as to whether to grant or deny a new local liquor license. The State Licensing Authority cannot grant
or issue any new license until the Authority has first approved the application by conducting a hearing for such
license. If the Authority denies the application, the Executive Director of the State of Colorado cannot override its
decision. If the Authority approves a license, the State Licensing Authority cannot refuse to issue the license except
upon hearing with a 15-day notice to the applicant and the Authority. Once the state license is received by the
Town Clerk's Office and the Certificate of Occupancy has been received from the Building Department, the
Town and State licenses can be issued.
The Town Clerk, Town Attorney and Police Department handle the review of the liquor license applications
administratively. A Report of Findings is completed by the Town Clerk and provided to the applicants five days prior
to the hearing. The Authority members are provided application materials when it appears on the Liquor Board
Agenda. A public hearing is conducted for all new license applications. The Local Authority’s decision is usually
given at the conclusion of the hearing although it may be delayed. The decision must be given in writing within
30 days after the date of the hearing and may follow in the form of a resolution. The motion to approve or
disapprove should be explicit stating the exact reasons for denial or approval. A motion to deny a license must
be based on evidence presented at the hearing.
The Liquor Code of Colorado and Avon Municipal Code provide that, in making a decision to grant or deny a new
license, the Local Licensing Authority shall consider the following:
All material in evidence before it including the reasonable requirements of the neighborhood
and the desires of the inhabitants of the neighborhood, the number, character and hours of
other outlets located in or near the neighborhood and all other factors pertinent to the location,
as well as any other matters concerning the qualifications of the applicant to conduct the type
of business proposed.
The applicant has the burden of making a prima facie showing that the desires of the inhabitants and reasonable
requirements of the neighborhood establish the need for the issuance of the license.
Requests for licenses may be denied for various reasons such as that the applicant is not of good moral
character, the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is within 500
feet of any school.
LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF AVON, COLORADO
Report of Findings Cripple Creek BackcountryTown of Avon
Page 1 of 2
RE THE APPLICATION OF )
CRIPPLE CREEK BACKCOUNTRY, INC D/B/A
CRIPPLE CREEK BACKCOUNTRY )
REPORT OF FINDINGS
82 E. BEAVER CREEK BLVD. #M-102 )
AVON, COLORADO )
FOR A NEW BEER AND WINE LIQUOR LICENSE )
TO: THE APPLICANT ABOVE AND OTHER INTERESTED PARTIES
SUBMITTED BY: BRENDA TORRES, TOWN CLERK, TOWN OF AVON
DATE: APRIL 22, 2020
PURSUANT to the Statutes of the State of Colorado, the Ordinances of the Town of Avon, and
the Rules and Procedures of the Local Licensing Authority, the applicants are hereby advised that with
regard to the application for a Beer and Wine Liquor License filed with the Town Clerk’s Office on
February 26, 2020, an investigation has been made, and the Report of Findings is as follows:
1. The location of the new establishment, Cripple Creek Backcountry, Inc d/b/a Cripple Creek
Backcountry is 82 E. Beaver Creek Blvd. #M-102, Avon, Colorado.
2. From evidence submitted, the applicant is entitled to possession of the premises as documented
by a “Lease Agreement” with a commencement date of December 1, 219 and executed between
the applicant and CSB Properties holdings, LLC. The applicant has submitted a diagram of the
premises showing the floor plan of the building. The premise is approximately 1,658 square feet
in size.
3. The operation of a business and sale of liquor in this the proposed location is in an area
permitted under the applicable zoning laws of the Town of Avon. The applicant has a retail sales
tax license and business license from the Town of Avon.
4. The proposed building in which the liquor is to be sold is not located within 500' of any public or
parochial school or the principal campus of any college, university or seminary.
5. The appropriate documents, i.e. individual history rec ords & fingerprints, required to conduct
the background investigation have been submitted to the Colorado Bureau of Investigation
(“CBI”) and Avon Police Department. The results will be provided to the Liquor Authority Board.
The final background report from CBI has been received, see below for name of applicant:
Title Name Address Telephone
Owner
Owner
Randall Young
Douglas Stenclik
1815 Pauline Blvd #6
Ann Arbor, MI 48103
671 N. Bridge Dr
Carbondale, CO 81623
(970) 355-4279
(585) 734-1232
LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF AVON, COLORADO
Report of Findings Cripple Creek BackcountryTown of Avon
Page 2 of 2
6. The applicant has submitted the appropriate application fees to the Town Clerk for costs
associated with a new application. If the Beer and Wine License is approved by Avon’s Local
Liquor Authority, the appropriate executed paperwork will be forwarded to the L iquor
Enforcement Division for its approval and issuance of the State license. Upon receipt of the
State License, the Town Clerk will issue the town license to the owners.
7. The public hearing on this application will be virtually held using Zoom.us due to COVID-19 on
April 28, 2020 at 4:00 p.m. Public Notice was given regarding said application and scheduled
hearing date and was published in the Vail Daily on April 18, 2020 and posted on premises of the
proposed location ten days prior to the hearing. At said hearing, the applicant shall have an
opportunity to be heard regarding all matters related to the application, including all matters set
forth herein. The applicant has agreed in writing to the virtual hearing.
8. The “neighborhood” has been established by the Avon Liquor Licensing Authority with the
adoption of Resolution No. 04-04 on November 23, 2004, defining it as “the neighborhood to be
served by any applicant for liquor license of any kind shall be the Town of Avon, including
residents of the Town, persons working in the Town and visitors to the Town”.
9. At the public hearing, the applicant has the bur den of proving that he is qualified to hold the
license applied for, and that his character, record and reputation are satisfactory. The applicant
also has the burden of providing prima facie evidence of neighborhood need for the license
requested, which he may do with presentation of petitions, remonstrances, or otherwise. Any
documentary evidence presented shall be included as a part of these findings and public record.
10. The applicant is advised to obtain and read a copy of the State of Colorado Liquor and Beer
Codes and Regulations and the Town Code Section on Liquor Licenses (Title 5, Chapter 5.08).
These regulations can be found on the foll owing websites:
https://www.colorado.gov/pacific/enforcement/liquor
https://library.municode.com/co/avon/codes/home_rule_charte r_and_code?nodeId=CD_TIT5BUT
ALIRE_CH5.08LILI
E-mailed on April 22, 2020.
LIQUOR LICENSING AUTHORITY
TOWN OF AVON
RESOLUTION 20-02
A Resolution Approving the Application of Cripple Creek Backcountry, Inc d/b/a Cripple Creek
Backcountry for a Beer and Wine new Liquor License
WHEREAS, on February 26, 2020, the Liquor Licensing Authority of the Town of Avon (“the Authority”)
did receive and consider the application of Cripple Creek Backcountry, whose mailing address is 582 Hwy
133, Carbondale, Colorado, for a Beer and Wine License located at 82 E Beaver Creek Blvd #M-102, Avon,
Colorado; and
WHEREAS, the Authority finds that Notice of Application was published in the Vail Daily on April 18,
2020 and proof of publication by the publisher of the Vail Daily was received; and
WHEREAS, the Authority finds that the application was in proper form and accompanied by the
necessary supplementary evidentiary matter required by law, the regulations of the State of Colorado and
the Authority; and
WHEREAS, the application was supported by the applicant’s presentation to the Authority and by an on-
line petition containing nine signatures; and
WHEREAS, the neighborhood to be served by the proposed licensee has been determined to be the
Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town as
stated in TC Resolution No. 04-04 adopted on November 23, 2004; and
NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DO ES FIND:
1. The applicant is of good moral character and reputation.
2. The neighborhood to be served by the applicant is the Town of Avon, including residents of the Town,
persons working in the Town and visitors to the Town.
3. There does exist a reasonable requirement in such neighborhood for the type of license for which
application is made.
4. The adult inhabitants of the Town desire that the license be granted.
ADOPTED ON APRIL 28, 2020 BY THE LOCAL LIQUOR AUTHORITY.
TOWN OF AVON, COLORADO
______________________________ __________________________
Sarah Smith Hymes, Chairman Brenda Torres, Secretary
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, OCTOBER 22, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Page 1
1. CALL TO ORDER AND ROLL CALL
Chairwoman Smith Hymes called the meeting to order at 5:04 p.m. A roll call was taken and Board Members
present were Jake Wolf, Chico Thuon, Amy Phillips, Tamara Underwood, Scott Prince, and Jennie Fancher.
Also present were Town Manager Eric Heil, Police Chief Greg Daly, Town Attorney Paul Wisor, Recreation
Director John Curutchet, and Secretary Kendall Moore.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:48
No changes were made to the Agenda.
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON I TEMS NOT LISTED ON THE FOLLOWING AGENDA
No public comments were made.
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
Video Start Time: 00:02:08
4.1. APPLICANT NAME: Walking Mountains Science Center
EVENT NAME: Fright at the Museum
EVENT DATE: October 26, 2019; 12:45 p.m. until 5:15 p.m.
LOCATION: 318 Walking Mountains Lane
EVENT MANAGER: Paul Abling
PERMIT TYPE: Malt, Vinous & Spirituous Liquor
Applicant was not present. There were no concerns from Council members. Board member Fancher moved
to approve the Special Events Permit for Walking Mountains Science Center’s Fright at the Museum. Vice
Chairwoman Phillips seconded the motion and it was passed unanimously by Board members present. Board
member Wolf stepped out of the room.
5. APPROVAL OF THE MINUTES FROM OCTOBER 10, 2019 MEETING
Video Start Time: 00:02:58
Board member Underwood moved to approve the Minutes from October 10, 2019 Meeting Liquor License
Authority. Vice Chairwoman Phillips seconded the motion and it was passed unanimously by Board members
present. Board member Wolf stepped out of the room.
6. WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7. ADJOURNMENT
The Avon Liquor Authority meeting adjourned at 5:12 p.m.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, OCTOBER 22, 2019
AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 81620
Page 2
RESPECTFULLY SUBMITTED:
____________________________________
Kendall Moore, Secretary
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: April 28, 2020
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 new criminal activity on the
background and there are no liquor code violations during the last year. Renewals require notice to be
posted for seven days and Special Event Permits for ten 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 October 22, 2019, the
Town has received eleven Renewal Applications and one Report of Changes to the State Master File that
have met all the requirements for administrative review and approval and were ultimately approved by the
Town Clerk. No comments, complaints, or request for hearings were received. They are as follows:
Renewals:
Applicant: Fancy Pansy LLC d/b/a Fancy Pansy
Location: 51 Beaver Creek Place Unit #2
Type: Beer & Wine (City)
Manager: Frankie Sheridan
Applicant: WVO Licensing, LLC d/b/a Wyndham Resort at Avon
Location: 75 Benchmark Road
Type: Resort Complex (City)
Manager: Scott Martin
Applicant: Miller’s Bottle Shop, LLC d/b/a Joe’s Liquors
Location: 1060 W Beaver Creek Blvd #1B
Type: Liquor Store (City)
Manager: Clayton Williams
Applicant: Fiesta Jalisco #3 LLC d/b/a Fiesta Jalisco
Location: 240 Chapel Place Unit #B-12
Type: Hotel & Restaurant
Manager: Jose Rodriguez
Applicant: Bob’s Place LLC d/b/a Bob’s Place
Location: 100 W Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: Robert Doyle
Applicant: Southside Benderz LLC d/b/a Southside Benderz
Location: 182 Avon Road Suite #208
Type: Hotel & Restaurant
Manager: Noah Bender
Applicant: Pho 20 LLC d/b/a PHO 20
Location: 47 E. Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: Cong Hoang
Applicant: China Garden Inc d/b/a China Garden
Location: 100 W Beaver Creek Blvd #125
Type: Hotel & Restaurant
Manager: Sharon Mou
Applicant: Vistana Colorado Management Inc d/b/a Sheraton Mountain Vista
Location: 160 W Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: David Weiss
Applicant: Fork & Knife Inc d/b/a Blue Plate
Location: 48 E Beaver Creek Blvd
Type: Hotel & Restaurant
Manager: Elisabeth Roustom
Applicant: Columbine Bakery Inc d/b/a Columbine Bakery
Location: 51 Beaver Creek Pl
Type: Hotel & Restaurant
Manager: Daniel Niederhauser
Modifications:
Change of State Master File:
Applicant: Walmart INC d/b/a Walmart
Location: 171 Yoder Avenue
Type: Fermented Malt Beverage Off (City)
mpielsticker@avon.org 970.748.4413
TO: Honorable Mayor Smith Hymes and Council members
FROM: Matt Pielsticker, Planning Director
RE: Planning and Zoning Commission Appointments
DATE: April 23, 2020
SUMMARY: Three (3) vacancies for the Planning and Zoning Commission (“PZC”) are opening on May 1st.
Outgoing members include Marty Golembiewski, Alex Dammeyer, and Kenneth Howell. Kenneth moved out
of the valley this past winter. Both Marty and Alex have chosen to not reapply based upon busy work
commitments for the foreseeable future. The PZC serves as the Town’s zoning and design review board,
charged with reviewing long range planning and policy documents. Their role is more completely defined in Avon
Municipal Code (“AMC”) Section 7.12.040 (ATTACHMENT A).
The Human Resources Department received four (4) applications (ATTACHMENT B) for the three (3) open seats.
After a brief introduction by each applicant and a summary of their interest to serve, Council will have time to ask
each applicant questions before appointments.
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) 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.
Please note that one of the continuing PZC members with a 2021 term expiration is not a registered elector. Two
of the applicants are not registered electors of the Town, and therefore the Council must consider the professions,
balance sought (i.e. industry vs. lay), and skillset brought by Ms. Land Arenschield and Mr. Mysnyk.
PZC COMPOSITION: Below is a summary of the continuing members and applicants along with their professions,
and place of residence:
Continuing Terms (2021 Term Expiration)
Steve Nusbaum Metro District Supervisor / Edwards Resident
Jared Barnes Planning Manager / Avon Resident
Lindsay Hardy Architecture / Avon Resident
Rebecca Smith Architecture / Avon Resident
Applicants
Donna Lang Arenschield Interior Design & Avon Business Owner/ Eagle-Vail Resident
James Edwards Property Maintenance Coordinator / Avon Resident
Sara Lanious Project Manager, Construction / Avon Resident
Daniel Mysnyk Teacher and Coach / Eagle-Vail Resident
ATTACHMENTS:
A – Avon Municipal Code §7.12.040, Planning and Zoning Commission
B – Applicant Info
mpielsticker@avon.org 970.748.4413
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;
mpielsticker@avon.org 970.748.4413
(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 proced ures 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 una ble 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 th e 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 cha irperson, 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 p resent 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 whi le 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.
mpielsticker@avon.org 970.748.4413
(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 r ules 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.
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
ATTACHMENT B
KateFranklin
From:SaraLanious <slanious@ranelson.com>
Sent:Friday, April17, 202011:15PM
To:Jobs Email
Subject:AvonPlanningandZoningCommissionmemberapplication.
Attachments:SaraLanious_ResumeTOA.pdf; TOAapplica.pdf
Pleaseacceptmyapplicationandresumeassubmission tobeconsideredtojointhePlanning andZoning / DRB
committee.
IhavebeenlookingforwaystobecomemoreinvolvedwiththetownIlivein, Avon. Thiscommittee seemslikea
naturalenvironment tooffer myexperience andlearnfromagroupofpeople andatownIrespect. Iwouldliketomake
adifference andgrowbygiving backtomycommunity andunderstand development inthiscommunity.
Thankyouforthe consideration, looking forwardtohearing fromyou.
Sara Lanious LEEDAP, NCIDQ #28984
RANelson LLC | Project Manager
970.471.2892 (C)
51EagleRoad #2 | P.O. Drawer5400 | Avon, CO81620
www.ranelson.com
Please consideryour responsibility to the environment before printing this e-mail.
This e-mail, including any attachments, is intended solely for the person(s) to whom it is addressed and may contain confidentialinformation protected by law. If you have received this e-mail inerror, please notify
us immediately by reply e-mail and then delete this message from your systemand destroyall copies. Disclosing, copying, distributing information included in thismessage, or takingactionbased on thismessage
by anyone otherthan the intended recipient(s) is strictly prohibited. We appreciate your cooperation. Unless stated to thecontrary, any opinions or commentsare personal to the writer and do notrepresent the
official view of the company.
1
ATTACHMENT B
S ara Lanious
NCIDQ, LEED AP c: 970.471.2892
e: s.lanious@gmail.com
Goals. Grow my career in the building industry while serving my local community through Planning and
Zoning Committee in Avon, CO.
Skills. Microsoft Office Suite, Adobe Creative Suites, AutoCAD, Sketch Up, Autodesk, CMIC, PlanGrid
Cert/Awards. USGBC- LEED Accredited Professional, NCIDQ certificate #28984,
Denali Princess Team Member of the Year 2013, Denali Princess Team of the Year 2014
Experience.
Interior Design Positions:
RA Nelson . Avon, CO. April 2016-Present:
Mange all aspects of custom home construction from budget, draws, construction schedule, team
management, Owner meetings.
Stantec. Philadelphia, PA. 2007-2012:
Integral part on large and small Interior Design teams, selecting finishes, Space Planning,
Conceptual Design, Design Development and Construction Documents and Administration.
Produced Facility Master plans for large health care clients, maintained database of facilities for 3
million square feet.
Analyzed products for price, durability, and aesthetics to determine the most successful solution
for each project.
Juggled architects, engineers, and consultants to maintain design elements, instructed
administrative staff on submittals.
Launched internal office peer critiques to discuss our different projects and challenges.
International work with the government health system in Doha, Qatar. Traveled with design team
for meetings and presentation purposes.
Ewing Cole. Philadelphia, PA. 2007:
Contributed to finalized construction documentation, along with client presentations.
Cubellis Associates. Philadelphia, PA. 2006-2007:
Regulated Architectural and Interior library for staff and vendors.
Surveyed existing floor plans, developed fast paced office design for building owners.
Hospitality/ Customer Service / Manager Positions:
Vail Marriott Mountain Resort, Vail, CO. June 2015- April 2016:
Assist General Manger in daily duties, uniform coordination, minor renovation consulting
Denali Princess Wilderness Lodge, Denali, Alaska. Summers 2013/2014:
Maintained a professional composure in a fast-paced environment at the largest hotel in Alaska
Front Desk Assistant Manager 2014, daily communication with every department at hotel.
Managed staff, created a weekly schedule, completed daily tasks while problem-solving
emergency situations to ensure the best guest experience.
Greet guests, check-in/out, problem solve travel arrangements and tours.
Vail Mountain Club, Vail, CO. Private Ski Club. November 2013-April 2013:
Build relationships with returning members, manage the delivery of skies in a timely manner.
Education 2000-2005. University of Kansas: Bachelor of Fine Arts. Interior Design
Volunteerism NPS Trail Day Service Project, Salvation Army, Habitat for Humanity, “pop-up”
homeless meals in Philadelphia
ATTACHMENT B
Daniel Mysnyk
Avon, CO 81620
danielmysnyk9_wim@indeedemail.com
319) 430-9324
Authorized to work in the US for any employer
Work Experience
High School Teacher and Coach
Vail Christian High School - Edwards, CO
August 2016 to Present
Geometry, Algebra 2, Conceptual Physics, Performance PE
Advanced Placement Macro Economics and Statistics
Both are dual enrollment credit through University of Colorado Christian
Football Defensive Coordinator, Throwers Coach in Track, Head Strength Coach
Academic Tutor and Substitute Teacher
Colorado Mountain College - Edwards, CO
June 2015 to Present
Worked with students ranging in age from 10-45 to help them master concepts
Subject areas included common core mathematics, college algebra, precalculus, calculus, statistics,
and economics
Personal Trainer and Group Fitness Instructor
W" Wellness center - Waverly, IA
2012 to Present
Tarleton State Rec Center in Stephenville, TX
Avon Rec Center in Avon, CO
Redesigned entire fitness facility at Vail Christian High School
Certified Ski Instructor
Vail Resorts - Vail, CO
November 2015 to May 2019
PSIA Alpine level 1
Snowboard level 1
Child Specialist level 1
Data Mining Scientist
Center for Agricultural Excellence - Stephenville, TX
September 2014 to September 2015
Developed automated methods for detecting anomalous crop insurance claims using MODIS/PRISM/
LANDSAT as well as FSA/RMA crop insurance data
ATTACHMENT B
Daily workflow included pulling information from the data warehouse using Teradata; manipulating,
exploring, and building models with the data using the programming language R; preparing visual tools
and technical write ups to explain findings
Research Project: "Land Classification and Border Pixel Detection"
Effectively determined number of distinct crops on a field using MODIS satellite data
Developed preliminary algorithm to detect pixels that border two crops
Research was written up, accepted, and presented at the 2015 International Conference on Remote
Sensing and Geoinformation of Environment
Data Mining Internship
Center for Agricultural Excellence - Stephenville, TX
June 2013 to August 2014
Research Project: "Automated Claims Analysis for the US Crop Insurance Program"
Examined effectiveness of using remotely sensed data to predict crop insurance fraud
Established statistically significant correlation between existing technique and k-means cluster
analysis
Research presented at National Consortium for Data Science at the University of North Carolina
Research Project: "Not Enough Sun in Oklahoma"
Predicted solar energy output based upon weather forecast data using Support Vector Machines
Research presented at Texas A&M Research Symposium
Data querying, manipulating and modeling done using SAS, Oracle SQL, and R
Entrepreneurship Internship
Global Café - Denver, IA
January 2013 to May 2013
Completed the 501(c)(3) application in an effort to grant the company nonprofit status
Improved marketing for the company by designing a website and creating business cards
Aided company in requesting and receiving donations from local businesses
Education
Master of Science in Finance and Economics
West Texas A&M - Canyon, TX
June 2019 to Present
Master of Mathematics in Data Mining
Tarleton State University - Stephenville, TX
August 2014
Bachelor of Arts in Mathematics and Economics
Wartburg College - Waverly, IA
May 2013
Skills
R
SQL
ATTACHMENT B
Excel
Rapid Miner
Tableau
Algebra
Calculus
Data Science
Microsoft SQL Server
Data Mining
Geometry
Analytics
Personal Training
ATTACHMENT B
(970) 748-4055 swright@avon.org
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Scott Wright, Asst. Town Manager
Justin Hildreth, Town Engineer
Meeting Date: April 28, 2020
Topic: RESOLUTION 20-12 TO AMEND THE 2020 CAPITAL PROJECTS FUND BUDGET
ACTION BEFORE COUNCIL
A Capital Projects Fund budget amendment is being presented to Town Council in order to
prioritize and rearrange capital projects in light of the COVID19 crisis, to carryover unexpended
project budgets from 2019 to 2020, and to appropriate additional unanticipated expenditures. In
addition, there were large real estate transfer tax collections late in 2019 which have resulted in
the Town being able to revise transfers-in from the General Fund and revise the beginning fund
balance. All of these items are discussed in more detail below.
RECOMMEDED MOTION
“I move to approve Resolution 20-12, A Resolution Amending the 2020 Capital Projects Fund
Budget”.
HIGHLIGHTS OF BUDGET CHANGES
Benchmark Road On-Street Parking Project The Benchmark Road On-Street Parking Project
was scheduled to be constructed last fall but was delayed due to utility conflicts. Utility
conflicts have since been resolved and the project commenced on April 20th. The project
budget placeholder was not revised after Notice of Award in 2019. An increase of the project
budget to $600,000 is requested. The original plan was to incorporate rain gardens for
stormwater treatment however poor soils in the area would limit effectiveness, so an
underground water quality treatment vault was substituted and increased project cost.
Town Hall Ballistic Panels Ballistic panels will be installed in walls and dais in Council
Chambers. Also included are ballistic glass windows behind council seating area, the
Administration space glass partition, and the front desk window. This is a new 2020 project
and the estimated project cost is $150,000.
Town Hall 2nd and 3rd Floor Remodel Staff is requesting changes to the 2nd and 3rd floor layout
to improve functionality and privacy. Improvements include a new 3rd conference room and
(970) 748-4055 swright@avon.org
office, revised Town Manager office and a storage room on the 2nd floor. This is a new project
and the estimated project cost is $100,000.
Demolition of Former Town Hall After Town Staff moved into the new town hall, Council
directed staff to demolish the old building. Currently, all utilities for the park run through the
old building and must be relocated before demolition. Utility relocation work will start in the
next few weeks. The asbestos remediation and demolition of the old building is scheduled to
start in early September. Based on the first attempt at bidding the project, staff is requesting
an increase of the budget to $967,000.
The following projects have been deferred until 2021:
• Fleet Solar Panels - $450,000
• Metcalf Cabin Remodel - $50,000
• Planning for W. Main St. / 351 Benchmark - $50,000
• Patio Landscaping at OTH - $100,000
• Nottingham Park Phase 2 Lighting Upgrades - $190,000
• Retaining Wall / Seating Replacement at OTH – $150,000
• USFS Road 779 Trailhead Improvements - $100,000
• Fiber CDOT Handhold to PSF – $80,000
• RR Bridge LED Message Board – $75,000
• Permanent Variable Message Boards - $75,000
Revisions to Estimated Revenues and Fund Balance
• Eliminated transfers-in from the General Fund totaling $700,000. Due to the large
unanticipated real estate transfer tax revenues received in late 2019 (actual collections of
$5,001,145 vs. budget of $2,775,000) , it is not necessary to supplement the Capital Project Fund
with these transfers. In addition, a portion of these transfers ($450,000) were to fund a cash
payment for solar panels at the Fleet Maintenance facility. This project is being revisited and the
appropriation has been removed from the 2020 budget.
• Level 3 DC Charging Station grant of $45,000 has been revised to reflect the actual grant award
of $30,000.
• Level 2 DC Charging Station grant of $18,000 has been eliminated.
• Beginning Fund Balance for 2020 is revised to reflect an increase of $3,832,214 over the previous
estimated amount. This is the result of a positive various of $2,291,266 in 2019 estimated revenues,
and a positive various of $1,540,948 in unspent appropriations.
ATTACHMENT
Exhibit A - Resolution 20-12
Exhibit B - Capital Project Fund Summary
Res. No. 20-12
April 28, 2020
Page 1 of 2
TOWN OF AVON, COLORADO
RESOLUTION NO. 20-12
A RESOLUTION AMMENDING THE 2020 TOWN OF AVON CAPITAL
PROJECTS FUND BUDGET
WHEREAS, the Town Council of the Town of Avon has previously adopted the 2020
Capital Projects Fund budget; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for 2020; and
WHEREAS, the Town Council finds it necessary to amend the 2020 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2020;
and
WHEREAS, the Town Council has caused to be published a notice containing the
date and time of a public hearing at which the adoption of the proposed budget amendment
will be considered and a statement that the proposed budget amendment is available for
public inspection at the office of the Town Clerk located in the Avon Town Hall during
normal business hours, and that any interested elector of the Town of Avon may file any
objection to the proposed budget amendment at any time prior to the final adoption of the
proposed budget amendment; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects Fund
are revised as follows for 2020:
Adopted or
Previously
Amended
2020 Budget
Current
Proposed
Amended
2020 Budget
Capital Projects Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
$ 4,890,137
4,259,000
5,884,514
$ 8,722,351
3,526,000
6,829,256
Ending Fund Balance
$ 3,264,623
$ 5,419,095
EXHIBIT A
Res. No. 20-12
April 28, 2020
Page 2 of 2
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized by fund, hereby is approved and adopted as the capital program
budget of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget as hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 28th day of April 2020.
AVON TOWN COUNCIL
By:______________________________ Attest:________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
EXHIBIT A
Fund Summary
Original or Proposed
Prev. Amend.Revised Difference
Actual Budget Budget Increase
2019 2020 2020 (Decrease)
REVENUES
Taxes 5,001,145$ 2,671,000$ 2,671,000$ -$
Intergovernmental 97,395 113,000 80,000 (33,000)
Investment Earnings 162,316 75,000 75,000 -
Other Revenue 25,410 - - -
Total Revenues 5,286,266 2,859,000 2,826,000 (33,000)
Other Sources:
Transfer In from Other Funds 375,000 1,400,000 700,000 (700,000)
Total Other Sources 375,000 1,400,000 700,000 (700,000)
TOTAL REVENUES AND OTHER SOURCES 5,661,266 4,259,000 3,526,000 (733,000)
EXPENDITURES
Capital Improvements:
Facilities 1,140,725 2,060,000 3,028,096 968,096
Land and Land Improvements 280,654 300,000 138,012 (161,988)
Roads and Streets 1,988,206 1,380,000 1,479,810 99,810
Utility Projects 122,962 233,000 493,697 260,697
Communications and Technology - 572,163 350,290 (221,873)
Debt Service:
Capital Leases 98,802 81,999 81,999 -
Total Expenditures 3,631,349 4,627,162 5,571,904 944,742
Other Uses
Operating Transfer-Out - General Fund 240,111 247,314 247,314 -
Operating Transfer-Out - Debt Service Fund 1,007,932 1,010,038 1,010,038 -
Total Other Uses 1,248,043 1,257,352 1,257,352 -
TOTAL EXPENDITURES AND OTHER USES 4,879,392 5,884,514 6,829,256 944,742
NET SOURCE (USE) OF FUNDS 781,874 (1,625,514) (3,303,256) (1,677,742)
FUND BALANCE, Beginning of Year 7,940,477 4,890,137 8,722,351 3,832,214
FUND BALANCE, End of Year 8,722,351$ 3,264,623$ 5,419,095$ 2,154,472$
Fund Balances
Restricted For:
Asphalt Overlay 658,421$ 108,421$ 658,421$ 550,000$
Assigned For:
Asphalt Overlay - 250,000 250,000 -
Tract G/URA Projects 337,048 752,048 340,000 (412,048)
Other Capital Improvement Projects 7,726,882 2,154,154 4,170,674 2,016,520
Total Fund Balances 8,722,351$ 3,264,623$ 5,419,095$ 2,154,472$
Capital Projects Fund #41
Supplemental Amendment No. 1
EXHIBIT B
Proposed
Adopted Revised Difference
Account Actual Budget Budget Increase
Number Description 2019 2020 2020 (Decrease)
Taxes:
51401 Real Estate Transfer Tax 4,998,503$ 2,671,000$ 2,671,000$ -$
51304 Penalties and Interest 2,642 - - -
51000 Total Taxes 5,001,145 2,671,000 2,671,000 -
Intergovernmental:
Federal / State:
DOLA - Broadband Grant - 50,000 50,000 -
Level 2 EV Charging Station Grant - 18,000 - (18,000)
Level 3 DC Charging Station Grant - 45,000 30,000 (15,000)
Local Government / Other:
Eagle County (Avon Station ECO Transit Shelter project)97,395 - - -
53000 Total Intergovernmental 97,395 113,000 80,000 (33,000)
Investment Earnings:
57101 Interest Earnings 131,999 75,000 75,000 -
57102 Net Increase in the Fair Value of Investments 30,317 - - -
57000 Total Investment Earnings 162,316 75,000 75,000 -
Other Revenues:
58213 Project Cost Reimbursements 24,675 - - -
58999 Nonclassified Revenues 735 - - -
58000 Total Other Revenues 25,410 - - -
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 1
EXHIBIT B
Proposed
Adopted Revised Difference
Account Actual Budget Budget Increase
Number Description 2019 2020 2020 (Decrease)
Revenue Detail
Capital Projects Fund #41
Supplemental Amendment No. 1
Other Sources:
Transfer In from General Fund:
59201 Capital Improvements - 450,000 - (450,000)
59201 Asphalt Overlay - 250,000 - (250,000)
Transfer In from Avon URA:
59201 Tract G Projects 375,000 700,000 700,000 -
59000 Total Other Sources 375,000 1,400,000 700,000 (700,000)
50000 TOTAL REVENUES 5,661,266$ 4,259,000$ 3,526,000$ (733,000)$
EXHIBIT B
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2018 and Year-end Current Revised Estimated Difference
Account Prior Actuals Budget Budget Project-to-Date Increase
Number Description Actuals 2019 2020 2020 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Facilities:
General Government Facilities:
11012 New Town Hall 4,699,516 165,337 - 8,500 4,873,353 4,774,516 4,774,516 - Carryover. To Be Completed - 2020
New New Town Hall 2nd and 3rd Floor Updates - - - 100,000 100,000 - 100,000 100,000 New Project 2020
New New Town Hall Ballistic Panels - - - 150,000 150,000 - 150,000 150,000 New Project 2020
11019 Old Town Hall Demolition - 12,833 450,000 954,167 967,000 600,000 967,000 367,000 Carryover. To Be Completed - 2020
11020 Fiber - Pavilion to NTH - 46,192 - 23,808 70,000 70,000 70,000 - Carryover. To Be Completed - 2020
New Level 2 EV Charging Station - NTH - - 35,000 5,000 5,000 35,000 5,000 (30,000) New Project 2020 Request Free Station
Transportation Facilities:
14010 Fleet Maintenance EPDM Roof Replacement - - 300,000 300,000 300,000 300,000 300,000 - New Project 2020
New Fleet Solar Panels - - 450,000 - - 450,000 450,000 - New Project 2020 Revisit Project
14016 ARTF Solar Panels 215,750 42,508 - - 258,258 258,258 258,258 - Completed - 2019
14017 Avon Station ECO Transit Shelter Project - 97,395 - - 97,395 120,000 120,000 - Completed - 2019
Cultural and Recreational Facilities:
15018 Nottingham Park Pavilion - Retractable Door 32,228 219,967 - 70,733 322,928 322,928 322,928 - Carryover. To Be Completed - 2020
15019 Nottingham Park Pavilion - Deck / Railing - - 215,000 395,000 395,000 215,000 395,000 180,000 New Project 2020
15020 Recreaton Center Weight Room Expansion - 456,983 - 24,000 480,983 500,000 500,000 - Carryover. To Be Completed - 2020
New Recreation Center Locker Replacement - - 200,000 200,000 200,000 200,000 200,000 - New Project 2020
New Metcalf Family Cabin Remodel - - 50,000 - - 500,000 500,000 - New Project 2020 Defer to 2021
Other Facilities:
19003 Hahnewald Barn Predesign / Feasibility Study 106,015 25,398 - - 131,413 135,000 135,000 - Completed - 2019
19005 2120 Saddle Ridge Loop (Fire Station) Improve.- 36,160 - 24,840 61,000 61,000 61,000 - Carryover. To Be Completed - 2020
New Level 3 DC Fast EV Charging Station - Tract A - - 75,000 75,000 75,000 75,000 75,000 - New Project 2020
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
EXHIBIT B
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2018 and Year-end Current Revised Estimated Difference
Account Prior Actuals Budget Budget Project-to-Date Increase
Number Description Actuals 2019 2020 2020 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Urban Renewal Fund Projects:
32029 Benchmark Rd. On-street Parking - 37,952 - 562,048 600,000 440,000 600,000 160,000 Carryover. To Be Completed - 2020
32030 Planning - W. Main Street / 351 Benchmark - - 50,000 - - 225,000 225,000 - New Project 2020 Defer to 2021
New Restrooms - Nottingham Park OTH Site - - 85,000 85,000 85,000 935,000 935,000 - New Project 2020
New Restrooms - Nottingham Lake Beach - - 50,000 50,000 50,000 500,000 500,000 - New Project 2020
New Patio Landscaping at OTH - - 100,000 - - 100,000 100,000 - New Project 2020 Defer to 2021
Land and Land Improvements:
21016 Nottingham Park Zone C Improvements - Playground 751,616 30,549 - - 782,165 872,266 872,266 - Completed - 2019
21022 Eagle River Whitewater Park Repair 31,390 184,368 20,000 30,000 245,758 221,390 245,758 24,368 Carryover. To Be Completed - 2020
21024 Nottingham Park Light Upgrade 121,505 - - - 121,505 311,505 121,505 (190,000) Completed - 2018; Move Funds to Phas
New Nottingham Park Light Upgrade- Phase 2 - - - - - - 190,000 190,000 New Project 2020 Defer to 2021
21027 O'Neil Spur Park Improvements Design - 1,988 - 18,012 20,000 20,000 20,000 - Carryover. To Be Completed - 2020
21051 Nottingham Park Fitness Court 145,850 49,441 - - 195,291 210,221 210,221 - Completed - 2019
21053 Resurface Pickleball Courts - - 50,000 50,000 50,000 50,000 50,000 - New Project 2020
21054 Wildland Fire Mitigation - 5,250 - 40,000 NA NA NA - Ongoing
21055 Power Line Undergrounding - 9,058 - - 9,058 80,000 80,000 - Completed - 2019
New West Nottingham Park Landscape Improvements - - 55,000 - - 55,000 55,000 - New Project 2020
New Lower Soccer Field / Baseball Infield Removal - - 25,000 - - 25,000 25,000 - New Project 2020
New Retaining Wall / Seating Replacement OTH - - 150,000 - - 150,000 150,000 - New Project 2020 Defer to 2021
Roads and Streets:
Streetscape Improvements
31028 Post Blvd. Irrigation Wet Well - 43,403 - - 43,403 45,000 45,000 - Completed - 2019
31030 Mall Activation Elements - - - 30,000 30,000 30,000 30,000 - Carryover. To Be Completed - 2020
31031 Avon Rd./I70 Overpass Aesthetics Improvements 8,245 220 90,000 139,780 148,245 1,048,245 1,048,245 - Carryover. To Be Completed - 2021
EXHIBIT B
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2018 and Year-end Current Revised Estimated Difference
Account Prior Actuals Budget Budget Project-to-Date Increase
Number Description Actuals 2019 2020 2020 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Annual Street Maintenance and Repair:
32026 Retaining Wall Repairs - Nottingham & Swift Gulch Rd.- - - 50,000 50,000 50,000 50,000 - Carryover. To Be Completed - 2020
33219 Annual Guard Rail Improvements - 36,560 40,000 40,000 NA NA NA - Ongoing
34034 Nottingham Rd. Paving 968,481 1,917 - - 970,398 1,097,500 1,097,500 - Completed - 2019
33103 Eaglebend Resurfacing - 1,040 300,000 223,960 225,000 300,000 225,000 (75,000) Carryover. To Be Completed - 2020
32028 Yoder Ave. Asphalt Overlay - 3,930 550,000 546,070 550,000 550,000 550,000 - Carryover. To Be Completed - 2020
New Buck Creek Repairs - - 300,000 300,000 300,000 300,000 300,000 - New Project 2020
Street Improvements
32021 West B/C Blvd. RR Crossing Improvements 31,621 199,111 - - 230,732 231,621 231,621 - Completed - 2019
Multi-Modal/Alternative Mobility:
34033 East and West B/C Blvd. Street Rebuild 2,513,935 1,474,308 - - 3,988,243 4,025,943 4,025,943 - Completed - 2019
New Avon Road Signage - - - 150,000 150,000 - 150,000 150,000 New Project 2020
Recreational Trails Program:
34030 Trail Improvements 2,600 - - - 2,600 73,600 73,600 - Ongoing Project.
34035 USFS Road 779 (Metcalf) Trailhead Improvements - - 100,000 - - 100,000 100,000 - New Project 2020 Defer to 2021
34037 Riverfront Trail Connector 10,697 227,717 - - 238,414 220,000 220,000 - Completed - 2019
Utility Projects:
21026 Nottingham Rd. Debris Flow Improvements and Water Qua 41,341 122,962 - 260,697 425,000 425,000 425,000 - Carryover from 2019. Ongoing.
21028 E. Stormwater Quality Vault - - 210,000 210,000 210,000 231,000 231,000 - New Project 2020
New W. Stormwater Quality Vault - - 23,000 23,000 23,000 253,000 253,000 - New Project 2020
EXHIBIT B
(1)(2)(3)(4)(1+2+4)
Proposed Revised
2018 and Year-end Current Revised Estimated Difference
Account Prior Actuals Budget Budget Project-to-Date Increase
Number Description Actuals 2019 2020 2020 Expenditures Current Proposed (Decrease)Project Status
CAPITAL IMPROVEMENT PROJECTS
Project Expenditures
Total Project Budget
CIP Projects Inventory
Capital Projects Fund #41
Supplemental Amendment No. 1
Communications and Technology:
81011 Project Thor - - 116,873 125,000 125,000 125,000 125,000 - Carryover from 2019
New Fiber - CDOT Hand hold to PSF - - 80,000 - - 80,000 80,000 - New Project 2020 Defer to 2021
New RR Bridge LED Messaging Boards - - 75,000 - - 75,000 75,000 - New Project 2020 Defer to 2021
New Permanent Variable Message Boards (3)- - 75,000 - - 75,000 75,000 - New Project 2020 Defer to 2021
New Finance/Comm Dev. ERP System - - 225,290 225,290 225,290 225,290 225,290 - New Project 2020
Total Capital Improvement Projects 9,680,790$ 3,532,547$ 4,545,163$ 5,489,905$ 18,581,432$ 22,373,283$ 23,399,651$ 1,026,368$
EXHIBIT B
(970) 748-4004 eheil@avon.org
(970) 300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Councilmembers
FROM: Eric Heil, Town Manager; Paul Wisor, Town Attorney
RE: Avon Deed Restriction Program Work Session
DATE: April 24, 2020
SUMMARY: The Avon Deed Restriction program materials are presented again to Council. Council
reviewed these materials at two work sessions held on February 25, 2020 and March 10, 2020. The Avon
Deed Restriction program is very simile to, and modelled after, the Vail InDeed deed restriction purchase
program. There was considerable discussion on the details and structure of this deed restriction program,
although, there was not clear direction on details or consensus on whether the Town should move forward
with this program.
An updated presentation outlining policy details for discussion and direction will be presented at the Council
meeting.
Thank you, Eric and Paul
ATTACHMENT: Materials from March 10, 2020 Council meeting
970-748-4004 eheil@avon.org
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Councilmembers
FROM: Eric Heil, Town Manager; Paul Wisor, Town Attorney
RE: Avon Deed Restriction Program Work Session
DATE: February 19, 2020
SUMMARY: Housing prices in Avon continue to escalate which increases affordability challenges for persons
who desire to live in Avon. The 2018 Town of Avon Community Housing Plan identifies a deed restriction
purchase program as one method by which Avon could promote affordability and the help permanent
residents purchase a home in Avon. A deed restriction purchase program also expands the permanent pool
of housing for full-time residents. Avon has a substantial stock of multi-family housing which presents greater
opportunities for creating more Community Housing stock compared to constructing new Community Housing
projects. “Community Housing” is a term defined in the Avon Municipal Code which means housing that is
subject to a deed restriction enforceable by the T own and which limits the usage of a residence to full -time
residents.
This report outlines the background behind deed restricted purchase programs, including the Vail InDeed
program, discusses the provisions of a proposed Avon Deed Restricted Program and outlines policy
considerations for Council. Council input and direction is requested.
BACKGROUND: Since the end of the Great Recession, jobs and population have been growing much more
rapidly than housing inventory. With the Eagle County Adjusted Median Income (“AMI”) currently at $83,803,
the median price for a home in Avon of $673,000 is nearly twice as expensive as a home most Eagle County
residents can afford. Given the disparity between income levels and housing costs, full-time residents have
difficulty finding affordable housing, employers have difficulty in filling job vacancies, and many employees
choose housing in down valley communities which results greater commute times. In fact, the average
commute for Eagle County is 40 miles per day, which is twice the statewide average.
The 2017 Town of Avon Comprehensive Plan sets forth the goal of achieving a diverse range of housing
densities, styles and types, including rental and for sale, to serve all segments of the population. The 2018
Town of Avon Community Housing Plan specifically identifies a deed restriction program as a strategy to
maintain attainable market rate housing at affordable rates.
VAIL IN-DEED PROGRAM: In 2017, the Town of Vail created its own deed restriction purchase program
known as Vail InDeed (“InDeed”). Under the InDeed program, the Town of Vail pays owners a portion of a
home’s value in exchange for a deed restriction which restricts future use of the unit. In the case of the
InDeed, the deed restriction provides the home must be occupied by people who work at least an annual
average of 30 hours per week in Vail or Eagle County. As of the end of 2019, the Town had spent m ore
than $9 million to purchase 134 deed restrictions.
Under the InDeed program, a typical applicant applies to the Town for funding the purchase of a new
home. The Town of Vail will provide funding between 15% and 18% of the purchase price of the ho me to be
acquired. The average amount provided to an applicant by the Town of Vail through the InDeed program
has been $67,300. However, per Town of Vail policy, the Town of Vail may purchase a restriction for as
much as $200,000. Typically, these funds are used by the applicant for a down payment on a home, but in
some cases applicants use the money for home improvements. There are, however, no restrictions on the
use of funds once the funds are wired to the applicant at closing.
Page 2 of 5
In addition to providing funding in connection with the acquisition of a new home, a current homeowner
can apply to have their home placed into the InDeed program. If the Town of Vail determines it is in the
Town’s best interest to have the unit available only to Eagle County employees, the Town of Vail will purchase
a deed restriction under the same parameters outlined above.
Avon staff has discussed the InDeed program at length with Town of Vail staff as well as lenders,
mortgage brokers, real estate agents, appraisers, applicants and attorneys, and believes the Town of Vail
has established an excellent model for Avon to follow.
FINANCIAL CONSIDERATIONS: Avon’s Affordable Housing Fund was established to receive payments
associated with the Westin Riverfront development as well as The Ascent. Rental revenues from the Town-
owned Sherwood Meadows condominium and the Wildridge Fire Station have also been placed in the
Affordable Housing Fund. The Avon 2020 budget estimates there is approximately $999,000 available for
affordable housing purposes in the Affordable Housing Fund. Some or all of these funds could be dedicated
towards an Avon Deed Restriction Program. For context, the Town of Vail has dedicated $2.5 million in its
2020 budget to go towards deed restriction purchases through the InDeed program.
If all existing Community Housing funds were allocated towards an Avon Deed Restriction
Purchase Program, Avon could afford to purchase approximately 13-15 Deed Restrictions. An
effective Deed Restriction Purchase Program that purchased 30 deed restrictions per year with a goal
to increase the deed restricted housing stock in Avon by 300 residences in ten years would require
approximately $2 million dollars in funding per year.
PROPOSED AVON DEED RESTRICTION PROGRAM: Based off of the InDeed model, Staff has compiled
all the documentation necessary to begin an Avon Deed Restriction Program, including an Application
(Attachment A), Staff Application Evaluation (Attachment B), Deed Restriction Purchase Agreement
(Attachment C), Deed Restriction (Attachment D), Subordination Agreement (Attachment E), and Closing
Instructions (Attachment F).
The Avon Deed Restriction Program documentation provides any Eagle County Employee (the definition
of which mirrors the definition established by Council for the Real Estate Transfer Tax [“RETT”] exemption)
may apply to place their property in the deed restriction program. Businesses that own a property within Avon
and who operate in Eagle County and rent the ir property to its employees who are Eagle County Employees
are also eligible to apply.
After applying to the program, the applicant negotiates with the Town as to the value of the deed
restriction. Once a price is determined, the applicant and the Town execute a Deed Purchase Agreement
for the amount of the deed restriction as well as the deed restriction. Under the proposed form deed
restriction, there is no price appreciation cap. In addition, the owner may occupy the home or rent it to other
individuals so long as one or more Eagle County Employees occupy the residence. However, short term
rentals and use of the property as a second home is prohibited.
The property may not be sold or otherwise transferred to anyone other than an Eagle County Employee
or an Eagle County business renting to Eagle County Employees. The seller must notify the Town it intends
to sell its deed restricted unit, and the Town must confirm the proposed buyer is eligible to purchase under
the terms of the deed restriction. It is important to remember the deed restriction survives the transfer and
remains with the property forever.
Page 3 of 5
Among other things, an owner is in default under the deed restriction in the event the owner conveys the
property to an individual not eligible to own the property under the deed restriction, transferring the property
prior to obtaining the Town’s certification of the transfer, failing to rent the property in accordance with the
deed restriction or failing to make applicable mortgage payments. In the event Staff finds an owner in default
under the deed restriction, the owner has sixty-five (65) days to cure the default, and may appeal to Town
Council. The Town may pursue specific performance and other remedies at law in the event of default, and
the owner will be subject to liquidated damages of $300 for each day the owner is in violation of the deed
restriction.
In the event an owner defaults on their mortgage and the lender initiates foreclosure proceedings, the
Town may make payments on behalf of the owner to avoid foreclosure. In the event of foreclosure, the deed
restriction will remain in place, except if the property is subject to a HUD loan, in which case, pursuant to
federal rules and regulations, the deed restriction is extinguished. However, the Town will have the option to
purchase the property thirty (30) days after the issuance of the public trustee’s deed.
COUNCIL POLICY CONSIDERATIONS: The attached documents provide a basis for an Avon Deed
Restriction Program. Several policy considerations are highlighted below for Council’s discussion. The se
documents will be modified to incorporate Council’s direction.
Deed Restriction Purchase Price Parameters – As noted above, the Town of Vail has set the market for a
deed restriction at 15% to18% of a home’s value. As a practical matter, this range effectively serves as the
down payment on the home. The fact that it does not go to the 20% down payment traditionally required for
a down payment speaks to the overall expectation applicants put some money in the home.
Staff’s research indicates that the placement of a deed restriction on a property decrease the resale value on
a property anywhere from 5% to 20% due to the decreased pool of eligible buyers. This amount changes
based on the value of the home with the impact being less significant on lower priced homes. Therefore, in
establishing parameters for a purchase price, Avon needs to consider the current market rate for deed
restrictions as well as the financial realities for an applicant contemplating selling a deed restriction to Avon.
Staff recommends the Town purchase price of a deed restriction should be at 15% to 18% of the purchase
price of a home while noting not every applicant need not receive the full 18%.
Transaction Cap – The Town of Vail has capped the maximum amount at which it will purchase a deed
restriction at $200,000. Given the disparity in budgets as well as market prices, this cap appears too high for
Avon. However, a transaction cap does seem prudent. Given the current median home price of an Avon
home of $673,000, the transaction cap could be placed at $121,140, or 18% of the median home price.
Consistent with Council’s recent decision to cap of the Primary Residence Exception to the RETT at
$700,000, the transaction cap for the Avon Deed Restriction Program could be similarly capped at $126,000,
or 18% of $700,000. This cap seems appropriate as the Town of Avon Community Housing Plan emphasizes
the need to provide relief for those below Eagle County’s Adjusted Median Income as well as the “Missing
Middle.” However, the Housing Fund is not unlimited, so a cap of $75,000 would allow more people to
participate in the program. Although such cap would serve as an 18% down payment on a $416,000, well
below the median house price, such an amount is not insignificant, and at lower price points the impact of
the deed restriction on resale of a home is less significant. Staff recommends a cap of $100,950 (15% of
the median home price of $673,000).
Multiple Properties – As the Avon Deed Restricted Program is currently written, and as InDeed currently
operates, it is possible for an individual to apply for funding on multiple properties so long as those properties
Page 4 of 5
are rented to Eagle County Employees. In one respect, there is nothing wrong with this approa ch as it
ensures those properties will always house local residents. Conversely, it seems Avon would be subsidizing
an individual’s rental business, and there is no guarantee the property is rented at attainable prices. Staff
recommends limiting participation in the program to one property per individual at a time. Council
may desire to allow an Avon based business to purchase multiple residences with deed restrictions
for its employees.
Rentals – As currently written, an owner may rent their property so long as an Eagle County Employee uses
the property as their primary residence. Some have argued the deed restriction should only permit owner -
occupied units. While this may be practical initially, at some point the owners of deed restricted properties
may wish to move to different homes within the community. In a down economy, a move may be feasible
possible, but selling the property may not make economic sense. So long as the property is being rented to
an Eagle County Employee, the goal of providing local long-tern housing is likely being met. Staff
recommends permitting owners to rent deed restricted properties.
Short-Term Rentals – During the recent discussion related to the Primary Residence Exemption to the
RETT, Council noted it is common for Avon residents to short-term rent rooms within their home, which
enables the owners to more easily afford their mortgage payments. This would be prohibited under the
current documents. As with applicants applying Town funds to multiple properties, permitting short -term
rentals even where the owner occupies the home appears to create a scenario under which the Town is
subsidizing a business rather than a long-term housing solution. Staff recommends not allowing short-
term rentals under any circumstances.
Buyout Provision – Some potential owners have proposed the deed restriction extinguishes if the owner is
unable to sell the property at fair market value, or a to -be-determined percentage of fair market value, after
a period of one year. Some lenders have proposed the same approach if the lender take s possession post-
foreclosure. Such owners and lenders feel the risk in participating in the program would be reduced if such
a provision were in the deed restriction. The purpose of the deed restriction is for the Town to increase
housing option throughout the community, not make real estate a safe investment. Staff recommends
against a buyout provision.
Right of First Refusal – Under the InDeed approach, the Town of Vail has a right of first refusal if an offer
is made on a deed restricted property. This allows the Town of Vail to control the housing stock and direct
who occupies some homes. The Town of Avon does not necessarily have the financial capacity to purchase
homes. Staff recommends not having a right of first refusal provision.
Administering Applications – There are a limited number of deed restrictions the Town can purchase based
on available financial resources. Applications can be considered on a first come, first served basis or the
Town could establish a lottery. Staff does not anticipate it will receive more applications than it can
accommodate and administer. However, given the Town discontinued its employee down payment
assistance program, it has been suggested the program be limited to Town employees. Staff recommends
processing applications as they are received.
Town Employees - Town previously had an employee down payment assistance fund which was
discontinued approximately six years ago. Council may wish to consider providing a preference or set
aside of Community Housing funds to assist Town employees with purchasing a deed restri cted
residence in Avon.
Page 5 of 5
Subordination Agreement: In the event a current homeowner wishes to place a deed restriction on their
home for the purpose of acquiring additional funds for a home improvement or other reasons, the InDeed
program requires the lender who provided the mortgage on the original acquisition of the home to sign a
Subordination Agreement. This Subordination Agreement essentially acknowledges the deed restriction and
places the Town of Vail’s interests ahead of the lenders even though the lender did not provide the mortgage
with the deed restriction in mind. Larger financial institutions who sell mortgages on the secondary market
are unable to sign the Subordination Agreement at the moment; though, small institutions in Eagle County
are will to execute such agreements. Staff is working with secondary mortgage market participants to create
an alternative agreement. Staff recommends continuing to find a solution for larger financial
institutions, but proceed with the program without a solution in place.
Name: Staff recognizes “Avon Deed Restricted Program” does not have any flow or ring to it. The program
could be called “Avon In-Deed” to follow Vail’s program or could be called something else unique to Avon.
Due to the similarity to the Vail In-Deed program, recognition of the Vail In-Deed program with financial
institutions and brokers in the Vail Valley, and in the spirit of that imitation is the highest form of fla ttery, Avon
In-Deed seems like an appropriate name for Avon’s program.
REQUESTED ACTION: Staff requests direction on the policy areas highlighted above as well as an y
comments to the documentation provided.
Thank you, Eric and Paul
ATTACHMENTS:
Attachment A – Application
Attachment B – Staff Application Evaluation
Attachment C – Deed Restriction Purchase Agreement
Attachment D – Deed Restriction
Attachment E – Subordination Agreement
Attachment F – Closing Instructions: Memorandum of Acknowledgement
________________________________________________________________________
100 Mikaela Way Finance Department
Avon, Colorado 81620 970.478.4000
Application
Date: ______________________________________________
Your name: ______________________________________________
Provide name(s) as title to property will be or is held
Your current mailing address: ______________________________________________
Your e-mail: ______________________________________________
Your phone: ______________________________________________
How much money are you requesting? $_____________________________________________
Avon property address to be deed restricted: ______________________________________________
Property Type: ☐ Single Family ☐ Condo ☐ Townhouse ☐ Duplex
Number of bedrooms/bathrooms: ________________Bedrooms_______ ______Bathrooms
Number of unit parking spaces;
total property parking spaces: ______________________________________________
Do you own this property
or are you purchasing it? ☐ Own This Property ☐ Purchasing This Property
If purchasing are you under contract?
If so what is the contract or list price: ______________________________________________
Do you have a closing date or
date decision is needed? ______________________________________________
If you own the property is there a
mortgage or other liens? ______________________________________________
Is there a Home Owner’s Association? ☐ Yes, there is an HOA ☐ No, there is no HOA
Is there any pending or upcoming
special assessments (SA’s)? ☐ Pending SA ☐ Upcoming SA ☐ No SA
Is there a right of first refusal? ______________________________________________
The Town cannot place a deed restriction on property with right of first refusal
Do you intend to live in the property?
Or rent? ☐ Live in this property ☐ Rent this property
Have you notified your Lender and
Appraiser of your intent to place a
Deed Restriction on the Property?
Is there additional property information
You wish to share? (optional): ______________________________________________
Avon Deed Restriction
Program
Application
Attachment A
_______________________________________________________________________________
100 Mikaela Way Finance Department
Avon, Colorado 81620 970.478.4000
Applicant: Review Date:
Property Address:
Y / N Supports and maintains a permanent year- round resident population that grows a diverse community where a
wide range of demographics, economics, occupations and family household sizes are served.
Y / N Amplifies “missing middle” in Avon.
Y / N Demonstrated demand exists within the resident housing market for the type of residential product
(studio, flat, townhome, duplex, single family, etc.) that is to be deed restricted
Y / N Fulfills a demonstrated need within a defined segment (i. e. for rent, for sale, owner occupied, etc.) of the residential
property mark et.
Y / N The mark et value of the deed restriction is comparable in value to other existing deed restrictions within the
community as demonstrated by a licensed real estate appraiser.
Y / N Most cost effective and efficient use of the Town's limited supply of financial resources
Y / N Fair market value is paid for the deed restriction relative to current market conditions (i. e. supply &
demand)
Y / N Site Visit
Unit Condition:_________________________________________________________________________________
Current Unit Use: ______________________________________________________________________________
Neighborhood Sales Search _____________________________________________________________________
Town of Avon Offer: _______________ Applicant Counter: ________________ Agreed Amount: ________________
Avon Deed Restriction
Program
Staff Review
Attachment B
DEED RESTRICTION PURCHASE AGREEMENT
THIS DEED RESTRICTION PURCHASE AGREEMENT (the "Agreement") is entered into
this day of , 2020 (the "Effective Date") by and between the Town of
Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, Avon,
Colorado 81620 (the "Town"), and , individuals with and address of
_____________________ (collectively, “Purchaser”) (each individually, a “Party” and
collectively the “Parties”).
WHEREAS, Purchaser is purchasing the real property and the improvements situated thereon,
located at , Avon, Colorado 81620 (the “Property”);
WHEREAS, in exchange for compensation as set forth herein, Purchaser has agreed to place
certain restrictions on the use of the Property for the benefit of the Town by requiring occupancy
of the Property by at least one qualified resident, as set forth in the Deed Restriction Agreement
executed contemporaneously herewith (the "Deed Restriction"); and
WHEREAS, the Deed Restriction is of value to the Town, and the Town is willing to
compensate Purchaser for the value of the Deed Restriction.
NOW , THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1.Conveyance. Purchaser agrees to convey, sell, transfer and assign to the Town, and the
Town agrees to purchase from Purchaser, the Deed Restriction, on the terms and conditions of this
Agreement.
2.Purchase Price. The purchase price for the Deed Restriction shall be $ (the
"Purchase Price"), delivered to Purchaser at closing in funds which comply with all applicable
Colorado laws, which include electronic transfer funds, certified check and cashier's check, at the
Town's option.
3.Closing. The closing will occur at a mutually agreeable location, at a date agreed upon by
the Parties within 14 days of the Effective Date.
4.Notice and Consent. Purchaser certifies that Purchaser has notified every person or
entity holding a lien or other encumbrance on the Property as well as every person or entity
Purchaser reasonably believes will hold a lien or encumbrance on the Property of the proposed
purchase of the Deed Restriction by the Town, and if necessary, obtained each of their consent to
the recording of the Deed Restriction against the Property. Should Purchaser not provide
such notice or obtain such consent, and Purchaser's failure to do so causes the Deed Restriction
to become unenforceable, invalid or void for any reason, Purchaser shall reimburse the entire
Purchase Price to the Town within 30 days of receipt of written notice from the Town.
5.Purchaser's Representations and W arranties. Purchaser hereby represents and warrants that
the following statements are now, and will be as of the closing date, true and correct, to the best of
Purchaser's knowledge, and Purchaser shall give the Town prompt written notice if any of the
representations or warranties made by Purchaser in this Agreement are no longer true or correct in
Attachment C
any material manner:
a.There is no action, suit or proceeding pending, or to the best of Purchaser's
knowledge threatened, against or otherwise affecting Purchaser or the Property in any court of law
or equity, or before any governmental authority, in which an adverse decision might materially
impair Purchaser's ability to perform its obligations under this Agreement.
b.There is no pending or threatened condemnation or similar proceeding affecting the
Property.
6.Town's Remedies. In the case of any breach of this Agreement by Purchaser, the Town
may terminate this Agreement by written notice to Purchaser, and the Town shall have all remedies
available at law or equity for such breach. In addition to all other remedies, in the case of a breach
of this Agreement by Purchaser, the Town shall have the right to recover the entire Purchase
Price from Purchaser, in addition to all costs and fees, including attorney fees, incurred by the
Town.
7.Miscellaneous.
a.Entire Agreement. This Agreement contains the entire agreement of the Parties.
There are no other agreements, oral or written, and this Agreement can be amended only by written
agreement signed by the Parties.
b.Agreement Binding; Assignment. This Agreement, and the terms, covenants,
and conditions herein contained, shall inure to the benefit of and be binding upon the heirs, personal
representatives, successors, and assigns of the Parties.
c.Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail to the Party
at the address set forth on the first page of this Agreement.
d.Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Colorado, and any legal action concerning the provisions hereof shall be brought
in Eagle County, Colorado.
e.Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect.
f.Third Parties. There are no intended third-party beneficiaries to this Agreement.
Attachment C
g.Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town not performed during the current fiscal year is
subject to annual appropriation, shall extend only to monies currently appropriated, and shall not
constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.
h.Governmental Immunity. The Town and its officers, attorneys and employees, are
relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary
limitations or any other rights, immunities or protections provided by the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its
officers, attorneys or employees.
IN W ITNESS W HEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF AVON, COLORADO
ATTEST:
Eric Heil, Town Manager
Brenda Toress , Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of , 20 , by .
Witness my hand and official seal.
Notary Public
(S E A L)
My commission expires:
Attachment C
PURCHASER
__________________________________
Name: ____________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of , 20 , by .
Witness my hand and official seal.
Notary Public
(S E A L)
My commission expires:
Attachment C
Page 1 of 12
Town of Avon – “Avon Indeed” Deed Restriction
TOWN OF AVON - RESIDENT OCCUPIED
“AVON IN-DEED” DEED RESTRICTION
NON-PRICE CAPPED
THIS DEED RESTRICTION PURCHASE AGREEMENT (the “Deed Restriction”) is entered
into this day of , 2020 (the “Effective Date”) by and between the Town
of Avon, Colorado, a Colorado home rule municipality with an address of 100 Mikaela Way, P.O.
Box 975, Avon, Colorado 81620 (the "Town"), and , individuals with an
address of ________________________, Avon, Colorado 81657 (collectively "Declarant")
(each individually a "Party" and collectively the "Parties").
WHEREAS, Declarant is purchasing the real property and the improvements situated thereon,
located at ___________________, Avon, Colorado 81620 and more particularly described in
Exhibit A hereto (the “Property”); and
WHEREAS, in exchange for compensation as set forth in a Deed Restriction Purchase
Agreement, Owner has agreed to place certain restrictions on the use of the Property for the benefit
of the Town by requiring occupancy of the Property by at least one qualified resident, as defined
below.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
COVENANTS
1.Restriction and Recording. The Property is hereby burdened with the covenants and
restrictions specified in this Deed Restriction. The Town shall record this Deed Restriction against
the Property at Declarant’s expense.
2.Definitions. The following definitions shall apply to terms used in the Deed Restriction:
a.Eagle County Employee means an employee working in Eagle County who works an
average of at least thirty-two (32) hours per week for at least eight (8) months in each
calendar year 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-two
(32) hours per week for at least eight (8) months in each calendar year ; or a person who
derives income from self-employment whose business is situated in Eagle County; or a
person who works for an employer outside Eagle County if that person can demonstrate
that such residence is the primary residence for that person.
b.Owner means any person who acquires an ownership interest in the Property, subject to
the conditions contained herein, and may include either a Qualified Owner or Non-
Qualified Owner, as the context requires.
i.Qualified Owner means (1) a natural person who is an Eagle County Employee; or
(2) an owner of a business, business entity or organization (including for profit,
Attachment D
Page 2 of 12
Town of Avon – “Avon Indeed” Deed Restriction
non-profit, public and governmental entities) with operations located within the
boundaries of Eagle County who intends to rent or provide rent-free the Property
to an employee (or employees) who is an Eagle County Employee, and in each case
who possesses an ownership interest in the Property in compliance with the terms
and provisions of this Deed Restriction and whose qualifications to own the
Property have been certified by the Town at the time the Owner takes title to the
Property.
ii.Non-Qualified Owner means any person who does not meet the definition of
Qualified Owner including persons who originally qualified as a Qualified Owner
but whose circumstances change and who no longer meet the definition of Qualified
Owner.
c.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; stated
residence for income and tax purposes; and such other circumstances as well as such
processes for verification and investigation deemed appropriate by the Town Manager to
determine that the applicant is continuously occupying and using the residence as a
primary residence. Primary residence status may be maintained if unforeseen
circumstances arise that requires the resident Eagle County Employee to temporarily
leave the residence for a period not to exceed nine (9) months with the intent to return,
and the residence is leased to another Eagle County Employee(s) after receiving written
approval from the Town Manager.
d.Second Home shall mean the status of the Property when used by any person who has a
primary residence that is other than the Property.
e.Short Term Rental shall mean the rental or lease of the Property for a period of time that
is fewer than thirty (30) days.
f.Town shall include employees of the Town of Avon or subcontractors retained by the Town
who are tasked with enforcing Deed Restriction agreements.
3.Ownership and Use of the Property.
a.Notice. Prior to acquiring the Property, Declarant acknowledges Declarant is required to
notify any lender or appraiser engaged by Declarant, or otherwise assisting Declarant, in
connection with the acquisition of the Property of Declarant’s intent to enter into this Deed
Restriction and cause such Deed Restriction to be recorded against the Property.
b.Ownership. Ownership of the Property shall be limited to a Qualified Owner (who may
take title with such Qualified Owner’s spouse or civil union partner [if the Qualified Owner
is a natural person who is an Eagle County Employee] and/or with a co-signor if the co-
Attachment D
Page 3 of 12
Town of Avon – “Avon Indeed” Deed Restriction
signor is signing for the sole purpose of facilitating the financing qualifications of the
Qualified Owner and signs an affidavit that the co-signor is not a co-purchaser for
investment or resale purposes).
c.Occupancy and Use. Occupancy and use of the Property shall be limited to one or more
Eagle County Employees for occupancy and use as a Primary Residence. Permitted
occupancy and use shall include immediate family members of such Eagle County
Employee or Employees and temporary invitees who do not provide compensation for
temporary residence at the Property. Any lease of the Property by the Owner shall be to
an Eagle County Employee or Employees for use as a Primary Residence for periods of
thirty (30) days or longer. Use or lease of the Property as a Second Home or for Short
Term Rental is prohibited. Any use or lease of the Property which is not allowed or is
prohibited by this Deed Restriction shall constitute a default and shall be subject to the
enforcement provisions and remedies contained in this Deed Restriction.
d.It shall not be deemed a violation of Sections 3.a or b. above if
i.The resident Eagle County Employee becomes disabled and is no longer able to work
as determined by the Town in its sole exclusive discretion; or
ii.The resident Eagle County Employee has lost full-time employment and is actively
seeking reemployment, not to exceed ninety (90) days after loss of employment; or
iii.The Property is unoccupied and the Owner of the Property is actively seeking to sell
or lease the Property to an Eagle County Employee, provided that the period of
vacancy of the Property shall not exceed twelve (12) months.
e.Owner covenants that the Owner shall not permit any occupancy, use or lease of the
Property in violation of this Section 3.
f.Owner covenants that any lease of the Property shall include a reference that such lease
is subject to the terms and conditions of this Deed Restriction, including but not limited
to restrictions on the use and occupancy of the Property and cooperation on providing
required documentation for verification of Eagle County Employee and Primary
Residence status.
g.No later than February 1st of each year, the Owner of the Property shall submit to the
Town a certification setting forth evidence establishing that the Property’s occupancy
and use complies with this Deed Restriction on a form provided by the Town, which form
shall be sent to the address of record of the Owner according to the Eagle County
Assessor’s Office.
4.Re-Sale Controls. The Property may not be sold or otherwise transferred to any person
other than a Qualified Owner in accordance with the procedures for prior verification contained in
this Section 4.
Attachment D
Page 4 of 12
Town of Avon – “Avon Indeed” Deed Restriction
a.Owner shall deliver to the Town a written notice of intent to sell the Property which notice
shall include the name(s) of the buyer(s) and all information required to determine whether
the buyer(s) meets the definition of Qualified Owner.
b.Buyer(s) shall submit an administrative fee in the amount of TWO HUNDRED AND
FIFTY DOLLARS ($250.00) to the Town to pay for the cost of reviewing and rendering a
determination as to whether a prospective Buyer(s) meets the definition of a Qualified
Owner. The administrative fee may be increased by the Town Council over time by an
amount equal to annual increases in the Consumer Price Index for All Urban Consumers
for the Denver-Aurora-Lakewood, Colo., metropolitan area as defined by the United States
Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the
United States Bureau of Labor Statistics for Colorado) to cover the Town’s costs associated
with processing the application.
c.Once the Town has received complete information concerning the prospective Buyers(s)
and has received the administrative fee, the Town shall review the information and make a
written determination as to whether the buyer(s) meets the definition of a Qualified Owner
within a reasonable time and not to exceed thirty (30) days.
d.The Town may require the Buyer to reimburse the Town for any additional costs that are
incurred in the review and determination of whether a buyer(s) meets the definition of a
Qualified Owner, including but not limited to legal costs, title review costs, and
investigation costs if reasonably required by the Town to complete its investigation.
e.The Owner may sell and convey the Property to the Buyer(s) that is determined in writing
by the Town to be a Qualified Owner.
5.Default by Owner. If the Town has reasonable cause to believe that the occupancy or use
of the Property is in violation of any provision of this Deed Restriction, the Town may inspect the
Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing
the Owner and occupants with at least twenty four (24) hours written notice. Notice to the
occupants may be given by posting notice on the door to the Property. This Deed Restriction shall
constitute permission to enter the Property during such times upon such notice without further
consent. A default by Owner shall include breach of the covenants set forth in this Deed
Restriction, including without limitation any of the following:
a.Transfer or conveyance of the Property to a person or entity that is not a Qualified Owner.
b.Acceptance of the Property by a person or entity that is not a Qualified Owner.
c.Transfer or conveyance of the Property to a person who is a Qualified Owner prior to
obtaining certification from the Town that such person is a Qualified Owner.
d.Any ownership, use or occupancy of the Property in violation of Section 3 above,
including, without limitation, any lease of the Property to a person or entity that is not an
Eagle County Employee.
Attachment D
Page 5 of 12
Town of Avon – “Avon Indeed” Deed Restriction
e.Failure to submit an annual certification of occupancy and use as described in Section 3.f
above.
f.Failure to make payments and comply with the terms of any deed of trust placed on the
Property.
g.Any action by the Owner to encumber the Property in a manner that conflicts with the
terms of this Deed Restriction or renders compliance with the terms of this Deed
Restriction impossible or impractical.
h.Permitting the use of the Property as a Short Term Rental or Second Home.
6.Notice and Cure. In the event a violation of this Deed Restriction is discovered, the Town
shall send a written notice of default to the Owner detailing the nature of the default and providing
sixty-five (65) days for the Owner to cure such default. Notwithstanding the foregoing or any
other term of this Deed Restriction, a default for lease or use of the Property as a Short Term Rental
or a Second Home shall be cured by the Owner immediately. The notice shall state that the Owner
may request an appeal of the violation finding in writing within ten (10) days of such notice, in
which event the Town shall administratively review the finding and, if the violation finding is
upheld, the Owner may request in writing within ten (10) days of such administrative decision a
hearing before the Avon Town Council. A decision of the Avon Town Council may only be
judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106.
If no administrative or Town Council appeal is timely requested in writing and the violation is not
cured within sixty-five (65) days of mailing the notice of default, the Owner shall be deemed to be
in violation of this Deed Restriction. If an administrative or Town Council appeal is requested,
the decision of the Avon Town Council (or administrative decision if such decision is not timely
appealed to the Town Council) shall be final for the purpose of determining if a violation has
occurred and, if such violation is not cured within sixty-five (65) days of such final determination,
the Owner shall be deemed to be violation of this Deed Restriction. If a decision of the Avon
Town Council is judicially appealed, an order of the Court confirming the violation shall be final
for the purpose of determining if a violation has occurred and, if such violation is not cured within
sixty-five (65) days of such final determination, the Owner shall be deemed to be violation of this
Deed Restriction.
In the event of any lease to a person who is not an Eagle County Employee or use of the Property
as a Short Term Rental or Second Home, any amounts collected or receipt of other things of value
by the Owner or assigns under such leases shall be paid to the Town as a material requiremen t of
curing the notice of default.
7.Remedies. In the event of violation, non-performance, default or breach of any term of this
Deed Restriction by the Owner, Town shall have the right to enforce Owner’s obligations herein
by an action for any equitable remedy, including injunction or specific performance, as well as
pursue an action to recover damages. In addition, any amount due and owing to the Town shall
bear interest at the rate of one and one half percent (1.5%) per month (eighteen percent [18%] per
annum, compounded annually) until paid in full. The Town shall be entitled to recover any costs
related to enforcement of this Deed Restriction, including but not limited to attorney’s fees, court
Attachment D
Page 6 of 12
Town of Avon – “Avon Indeed” Deed Restriction
filing costs and county recording costs. In addition to any other remedy provided by law or equity,
the Town may attach a lien for any amount due to the Town upon the Property and enforce the lien
in the manner and according to the procedures set forth in Colorado Revised Statutes, Section 31-
20-105, and the Owner expressly waives any objection to the attachment of a lien for amounts due
to the Town. In the event of a transfer or conveyance of the Property which violates the terms of
this Deed Restrictions and constitutes a violation of this Deed Restriction, both the grantor and
grantee shall be jointly and severally liable for any damages and costs due under this Deed
Restriction.
8.Liquidated Damages. The parties acknowledge and agree that in the event of a violation of
this Deed Restriction by the Owner, the determination of actual monetary damages would be
difficult to ascertain. Therefore, the Town and Owner hereby agree that liquidated damages shall
be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00) per day for
each day that the Owner is in violation of this Deed Restriction after having failed to timely cure
the violation of this Deed Restriction. Liquidated damages shall be in addition to the Town’s
ability to recover costs as stated in Section 7 above. Liquidated damages shall be in addition to
the Town’s right to seek equitable remedies of injunction and/or specific performance. In the event
of any lease or use of the Property as a Second Home or Short Term Rental, any amounts collected
or receipt of other things of value by the Owner or assigns under such leases shall be paid to the
Town as liquated damages as demanded by the Town (in lieu of the $300 daily liquidated
damages), including such amounts collected or received by Owner prior to receipt of a Notice of
Default and prior expiration of a sixty-five (65) day period to cure, and such amounts shall be in
addition to the right of the Town to recover costs and seek equitable remedies.
9.Release of Deed Restriction in Event of Foreclosure or Deed in Lieu.
a.An Owner shall notify the Town, in writing, of any notification received from a lender of
past due payments or defaults in payments or other obligations within five (5) days of
receipt of such notification.
b.An Owner shall immediately notify the Town, in writing, of any notice of foreclosure under
the first deed of trust or any other subordinate security interest in the Property, or when any
payment on any indebtedness encumbering the Property is required to avoid foreclosure of
the first deed of trust or other subordinate security interest in the Property.
c.Within sixty (60) days after receipt of any notice described herein, the Town may (but shall
not be obligated to) proceed to make any payment required to avoid foreclosure. Upon
making any such payment, the Town shall place a lien on the Property in the amount paid
to cure the default and avoid foreclosure, including all fees and costs resulting from such
foreclosure.
d.Notwithstanding any other provision of this Deed Restriction (but subject to Section 9.f
below), in the event of a foreclosure, acceptance of a deed-in-lieu of foreclosure, or
assignment, this Deed Restriction shall remain in full force and effect, including without
limitation Section 4 hereof, restricting Transfer of the Property.
Attachment D
Page 7 of 12
Town of Avon – “Avon Indeed” Deed Restriction
e.The Town shall have thirty (30) days after issuance of the public trustee’s deed or the
acceptance of a deed in lieu of foreclosure by the holder in which to purchase by tendering
to the holder, in cash or certified funds, an amount equal to the bid price or the redemption
price paid by the holder, interest in the amount of eight (8) percent per annum from the
date of the issuance of the public trustee’s deed or the recording of a deed in lieu of
foreclosure through the date of the Town’s purchase.
f.Notwithstanding Section 9.d above, in the event that the Property is encumbered by a
mortgage or deed of trust insured by the U.S. Department of Housing and Urban
Development (“HUD”) and representing a purchase money first priority mortgage or deed
of trust, this Deed Restriction shall automatically and permanently terminate upon
foreclosure of such mortgage or deed of trust, upon acceptance of a deed in lieu of
foreclosure of such mortgage or deed of trust, or upon assignment of such mortgage or
deed of trust to HUD.
10.Option to Purchase. In the event of default by the Owner which is not cured, or upon receipt
of a notice of foreclosure or other notice of default provided by the holder of a deed of trust , lien
or other encumbrance as provided in Section 9 above (whichever is earlier), the Town shall have
the option to purchase (“Option to Purchase”) the Property in accordance with the procedures
and terms set forth as follows:
a.The Town shall have an Option to Purchase for sixty-five (65) days (“Option Period”).
b.The Town shall have right of entry onto and into the Property during the Option Period to
inspect the Property.
c.The Town shall have the right to purchase the Property for the amount due to the holders
of any deeds of trust, liens or other encumbrances up to the maximum amount defined in
Section 5.g. above (together with interest, fees and costs expressly chargeable under deed
of trust, lien or other encumbrance instrument), which amounts shall be paid in order of
priority of the holders of such deeds of trusts, liens or other encumbrances provided that
this Deed Restriction shall remain in effect and burden the Property after acquisition by the
Town and upon re-conveyance to a subsequent Qualified Owner.
d.The Town shall have the right to assign the Town’s right to purchase the Property to any
Qualified Owner provided that this Deed Restriction shall remain in effect and burden the
Property.
e.Upon payment by Town or assigns, Owner shall convey title to the Property by a special
warranty deed in accordance with Colorado Revised Statute §38-30-115 and shall include
the words, “and warrant title against all persons claiming under me.”
f.Normal and customary closing costs shall be shared equally between the Owner and Town
or Town’s assigns. The Town or assigns shall be responsible, at its cost, for any and all
title insurance fees, document fees, and recording fees of the deed. Taxes shall be prorated
based upon taxes for the calendar year immediately preceding closing.
Attachment D
Page 8 of 12
Town of Avon – “Avon Indeed” Deed Restriction
g.If the Town or assigns do not exercise the Option to Purchase during the Option Period,
then the holder of a deed of trust shall nonetheless remain subject to this Deed Restriction
as provided in Section 9.d above, subject, however, to Section 9.f above. In the event that
Town’s Option to Purchase arises from a default by Owner and not a notice of foreclosure
or notice of default submitted by the holder of a deed of trust to the Town, then the Town
may unilaterally extend the Option Period until such time as Town, or assigns, exercise the
Option to Purchase or the Owner cures any and all defaults.
11.Tax Sale. In the event of a tax sale this Deed Restriction shall remain in full force and effect,
shall run with and burden the land, and shall constitute a condition of the subdivision and land use
approval which shall survive and sale of the Property through a tax lien sale process.
12.General Provisions.
a.Severability. If any term, provision, covenant or condition of this Deed Restriction is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Deed Restriction shall continue and remain in full force and effect.
b.Counting Days. If the final day of any notice, default or other event falls on a Saturday,
Sunday, legal holiday recognized by the State of Colorado or day upon which the Avon
Town Hall is closed for any reason, then the final day shall be deemed to be the next day
which is not a Saturday, Sunday, legal holiday or day that the Avon Town Hall is closed.
c.Waiver. No waiver of one or more of the terms or provisions of this Deed Restriction shall
be effective unless provided in writing. No waiver of any term or provision of this Deed
Restriction in any instance shall constitute a waiver of such provision in any other instance.
The Town Council may provide a waiver along with any conditions of the waiver with
regard to any of the terms and provisions in this Deed Restriction where unusual or
unforeseen circumstances exist and the Owner is diligently seeking to cure a default and
such waiver, with conditions if any, supports the purpose and intention of this Deed
Restriction.
d.Amendment. This Deed Restriction may only be amended in writing by the mutual
agreement of the Owner and the Town and recorded with the Clerk and Recorder’s Office
of Eagle County, Colorado.
e.Recording. The Owner shall record this Deed Restriction in the Property Records of Eagle
County, Colorado and the original executed and record documents must be returned to the
Town.
f.Assignment. The Town may assign this Deed Restriction and all rights and obligations,
without consent of the Owner, to any other public entity, non-profit corporation or other
entity which is organized and exists for the purpose to provide and promote affordable
housing for full time residents.
Attachment D
Page 9 of 12
Town of Avon – “Avon Indeed” Deed Restriction
g.No Third-Party Beneficiaries. Nothing contained in this Deed Restriction is intended to
or shall create a contractual relationship with, cause of action in favor of, or claim for relief
for, any third party.
h.Choice of Law. This Deed Restriction shall be governed and construed in accordance with
the laws of the State of Colorado. Venue for any legal action arising from this Deed
Restriction shall be in Eagle County, Colorado.
i.Successors. Except as otherwise provided herein, the provisions and covenanted contained
herein shall inure to and be binding upon the heirs, successors and assigns of the parties.
The covenants shall be a burden upon and run with the Property for the benefit of the Town
or the Town’s assigns, who may enforce the covenants and compel compliance therewith
through the initiation of judicial proceedings for, but not limited to, specific performance,
injunctive relief, reversion, eviction and damages.
j.Section Headings. Paragraph or section headings within this Deed Restriction are inserted
solely for convenience of reference and are not intended to and shall not govern, limit or
aid in the construction of any terms or provisions contained herein.
k.Gender and Number. Whenever the context so requires in this Deed Restriction, the
neuter gender shall include any or all genders and vice versa and the use of the singular
shall include the plural and vice versa.
l.Notice. Any notice, consent or approval, which is required to be given hereunder, shall be
given by either depositing in the U.S. Mail with first class postage pre-paid; mailing by
certified mail with return receipt requested; sending by overnight delivery with a nationally
recognized courier service that delivers to the physical address of the Property; or, by hand-
delivering to the intended recipient. Notices shall be provided to the Town of Avon at P.O.
Box 975, 100 Mikaela Way, Avon, CO 81620. Notices shall be provided to Owner at the
address provided by the Eagle County Assessor’s office.
[signature page follows]
Attachment D
Page 10 of 12
Town of Avon – “Avon Indeed” Deed Restriction
IN WITNESS WHEREOF, the Owner and Town have executed this instrument on the day
and the year first written above.
OWNER:
[______________________________________]
[______________________________________]
By:_________________________________
Name: ______________________________
Its: _________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me this ___
day of ____________________, 2020, by ___________________________________, as the
owner of the real property described above.
Witness my hand and official seal. ______________________________
Notary Public
My commission expires: ________________
Attachment D
Page 11 of 12
Town of Avon – “Avon Indeed” Deed Restriction
TOWN OF AVON, CO:
By:__________________________________ Attest:______________________________
Eric Heil, Town Manager Brenda Torres, Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Subscribed before me this ______ day of _______________, 2020, by Eric Heil, as Town
Manager, and Brenda Torres, as Town Clerk of the Town of Avon, a Colorado home rule
municipal corporation.
Witness my hand and official seal. ______________________________
Notary Public
My commission expires: ________________
Attachment D
Page 12 of 12
Town of Avon – “Avon Indeed” Deed Restriction
Exhibit A
[Insert Property Legal Description]
Attachment D
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (the "Agreement") is entered into this day of __
, 2020 (the "Effective Date") by and between the Town of Avon, Colorado, a Colorado home rule
municipality with an address of 100 Mikaela Way, Avon, CO 81620 (the “Town”), and ,
a financial institution with an address of _, , Colorado (“Lender”)
(each a "Party" and collectively the "Parties").
WHEREAS, the Deed Restriction Agreement dated 20 , recorded on
_______________ , 20__ under Reception No. ________________of the records of the Clerk and
Recorder of Eagle County, Colorado, as amended (the “Deed Restriction”) burdens the real property
more particularly described as );
WHEREAS, the owner of the Property has requested Lender to issue a loan secured by a deed of trust
encumbering the Property; and
WHEREAS, Lender is willing to subordinate the loan to the Deed Restriction under the terms of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein,
the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1.Subordination. Lender unconditionally subordinates its lien under the deed of trust on the Property
issued by Lender on , 20 _ (the “Deed of Trust”) to the Deed Restriction. Lender agrees
that its lien on and all other rights and interests in the title to the Property resulting from the Deed of Trust will
remain subordinate to all rights and interests in the title to the Property resulting from the Deed Restriction,
regardless of any renewal, extension or further modification of the Deed of Trust.
2.Notice. If Lender accepts a deed in lieu of foreclosure of the Deed of Trust, Lender shall give
the Town written notice within 20 days after the deed is recorded with the Clerk and Recorder of Eagle County,
Colorado.
3.Miscellaneous.
a.Modification. This Agreement may only be modified by subsequent written agreement of the
Parties.
b.Integration. This Agreement and any attached exhibits constitute the entire agreement between
the Parties, superseding all prior oral or written communications.
c.Severability. If any provision of this Agreement is determined to be void by a court of
competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other
provisions shall remain in full force and effect.
d.Governing Law, Venue and Enforcement. This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the
appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the
resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request
a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule
providing ambiguities in a contract are to be construed against the drafting party shall not apply to the
interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit
or attachment, the language of this Agreement shall govern.
Attachment E
2
e.Agreement Binding; Assignment. This Agreement, and the terms, covenants, and conditions
herein contained, shall inure to the benefit of and be binding upon the heirs, personal representatives, successors,
and assigns of the Parties.
f.Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any
agent, sub-consultant or sub-contractor of Contractor. Absolutely no third party beneficiaries are intended by
this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended
beneficiary only.
g.No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture
in any private entity or activity which participates in this Agreement, and the Town shall never be liable or
responsible for any debt or obligation of any participant in this Agreement.
h.Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient
when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the
first page of this Agreement.
i. Recording. This Agreement shall be recorded with the Eagle County Clerk and Recorder.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
TOWN OF AVON
___________________________________________
Eric Heil, Town Manager
ATTEST:
__________________________________________
Brenda Torres, Town Clerk
Attachment E
3
LENDER:
STATE OF _____________________)
) ss.
COUNTY of ____________________)
The foregoing instrument was subscribed, sworn to, and acknowledged before me this___________
day of , 2020, by ______________________________________ as ________________of
the Lender.
My commission expires: _.
(SEAL)
Notary Public
Attachment E
________________________________________________________________________
100 Mikaela Way Finance Department
Avon, Colorado 81620 970.478.4000
Avon Deed Restriction Program
Recording Instructions, Property Purchases:
Date: ______________________________________________
Applicant Name: ______________________________________________
Applicant Phone No.: ______________________________________________
Applicant Mailing Address: ______________________________________________
Title Company: ______________________________________________
Closing Date: ______________________________________________
Escrow Acct #: ______________________________________________
Deposit Amount
from Town of Avon: ______________________________________________
Funds Wired to
Escrow: ______________________________________________
1.Town of Avon will wire Avon Deed Restriction Program funds to a designated closing escrow account in
accordance with the wiring instructions.
2.Title company shall record the attached executed documents in the order listed:
a.Deed Restriction Agreement, recorded prior to the Deed of Trust
3.Forward copies of the recorded documents to the Town of Avon Finance Department.
Email Scott Wright at swright@avon.org.
Avon Deed Restriction
Program
Closing Instructions
Attachment F
970-748-4023 cmcwilliams@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: David McWilliams, AICP, Town Planner
RE: First Reading of Ordinance 20-05, Approving Code Text
Amendments for Electric Vehicle Charging, Boiler
Efficiency and Solar-Ready Requirements
DATE: April 23, 2020
SUMMARY: For consideration by the Town Council is Ordinance 20-05, Code Text Amendments for
proposed changes to Avon Development Code (Chapter 7) and Building Code (Chapter 15), to require
Electric Vehicle (EV) equipment to be installed during the construction of new residential, mixed use, and
commercial projects. Additional proposed Chapter 15 modifications include requiring solar-ready homes and
increased boiler and furnace efficiency standards. The Town Charter requires Town Council hold a public
hearing and two readings of an Ordinance to approve changes to Municipal Code. Staff suggests holding a
first reading of the item, accepting any public comments from the public, and approval of first reading.
Code Text Amendment Process. Chapter 15 changes are not subject to formal PZC review.
PUBLIC NOTICE: Notice of the Planning and Zoning Commission’s public hearing was published in the
March 27, 2020 edition of the Vail Daily in accordance with Sec. 7.16.020(d) of the Avon Development Code.
Mailed notice is not required for this application. Public notification and posting of the Ordinance will comply
noticing requirements.
BACKGROUND: The Town Council adopted the Climate Action Plan for the Eagle Valley (CAP) in 2017
(linked below). Since then, various task force committees were formed to dissect the CAP and develop
actionable items for Eagle County communities to implement and achieve carbon reduction goals. The
Sustainable Building Code Task Force (Task Force) was formed in 2019 to provide “above building code”
and other construction related actions. The Task Force created the Building Code Recommendations for
Local Governments in Eagle County, Colorado (Recommendations, linked below), which summarizes
amendments local communities should take. Before the Task Force presented to Town Council, Building
Official Derek Place presented some of the findings and recommended these proposed changes to Council.
Staff was directed to initiate an application to incorporate some of the recommended Town Code changes.
Town Council was presented the summary of the Recommendations by the Task Force on March 10.
A principle component of the proposal is the requirement of new-builds to include EV infrastructure.
Additional proposed modifications to the Building Code promote energy efficiency and solar readiness of
residential buildings. In the Eagle Valley, The Town is an early adopter in the arena, and it is unclear when
other jurisdictions will adopt similar code, or what the precise regulations will be. One exception is the Town
of Eagle, who adopted the increased boiler efficiency standards in a prior code adoption cycle.
EV READY PROPOSAL: Chapter 15 modifications propose that for all R3 (single family, duplex, townhouse)
and all new non-residential, mixed use, and/or multi-family are required to provide enhanced parking spaces,
970-748-4023 cmcwilliams@avon.org
depending on the use and number of spaces. The Avon Development Code changes tie into new language
of the Building Code so that developers will be required to plan for and show how new proposed development
will comply with the regulations at the future building permit phase.
Definitions for the three installation types align with the infographic, below.
Source: https://www.swenergy.org/cracking-the-code-on-ev-ready-building-codes
EV infrastructure is proposed to be required as outlined below:
Table 1. Residential EV Requirements
Number of EV
Capable
Spaces
Number of EVSE
Ready Spaces
Number of EVSE
Installed Spaces
1 space None 1 None
2 to 9 spaces None 1 1
10 or more spaces 15% of spaces 10% of spaces 5% of spaces
Table 2. Non-residential and Mixed-Use EV Requirements Number of EV
Capable Spaces
Number of EV Ready
Spaces
Number of EVSE Installed
Spaces
1 space None 1 None
2 to 9 spaces None 1 1
970-748-4023 cmcwilliams@avon.org
10 or more spaces 15% of spaces 10% of spaces 5% of spaces
Note: The number of electric vehicle supply equipment installed spaces may be reduced by
up to five provided that the building includes not less than one parking space equipped with
an EV Level III and not less than one electric vehicle ready space
The requirements listed above are only triggered through a major revision of existing buildings and parking
lots. A simple repaving or remodel does not trigger the requirements for additional EV infrastructure.
ADDITIONAL CHAPTER 15 AMENDMENTS: Chapter 15 sections are usually adopted verbatim from
various code books and their appendices. Additional Chapter 15 elements are proposed from Appendix RB
of the 2015 International Energy Conservation Code (IECC) and Appendix U of the 2015 International
Residential Code (IRC). Modification from those sources are shown in red in Attachment A. Proposals
include:
• “Solar-ready” roofs that have zones capable of holding solar panels and routing for conduit. This
change is from the Sustainable Building Code Task Force’s recommendations.
• 92% or greater efficiency requirement for furnaces and boilers. Most standard furnaces sold today
have above a 92% rating. Only houses with furnaces in unheated spaces would be affected in the
future because the units would have to be in a conditioned space to prevent condensation buildup.
Also, people would not be able to retrofit an old unit (with under 92% efficiency) into an existing
system.
FISCAL IMPACT: A sea-change is needed in the electrification of household energy to reduce greenhouse
gas emissions. Upfront cost is a barrier for individuals to enter the EV market and reducing the individual’s
burden is a strategy that local governments can use to effect change. A 2016 study estimated an EV-ready
space to cost $920 when built up front in the project, versus $3,550 to retrofit the space (source:
https://www.swenergy.org/cracking-the-code-on-ev-ready-building-codes).
Planning for electrification is important to the Town. Running conduit and delineating an appropriate location
for solar panels is not cost neutral but saves money for any potential solar project. Avon already sees
numerous solar panel applications each year. Requiring new builds to plan for solar would save future
homeowners money and could potentially inspire people to install panels earlier in the life of the house.
Town Building Official Derek Place attests that not changing the efficiency rating of installed furnaces was an
oversight when the numbers were updated for outdoor snow melt permits. High efficient, 92 percent or
greater, gas burning appliances: furnaces, boilers and water heaters all condense during the combustion
process. The exhaust is mainly steam; therefore these condensing appliances must be installed in a location
above freezing (heated or conditioned spaces inside the building exterior envelope).
Derek has run into a few furnaces that were installed incorrectly in attics and garages over the years (none
in Avon). In the attic locations the contractor had to build an insulated room with poly-foam covered with
drywall, only big enough to cover the appliance and to allow access for serving the equipment. It is very rare
that an entire attic would need insulation. In garages, contractors installed heat tape over the condensate
970-748-4023 cmcwilliams@avon.org
lines and neutralizer. Some manufactures supply a heat trace option for cold applications. These fixes or
repairs should cost less than $5,000.
As described above, changing the regulations now allows for increased efficiency that will further the Town’s
Climate Action Plan goals. While none of these regulations are free, they can be seen as providing amenities
that could be a selling point attracting forward-thinking tenants and investors.
CODE TEXT AMENDMENT REVIEW CRITERIA: The review procedures for this application are governed
by the Development Code. According to the Avon Development Code §7.16.040(c), Review Criteria, Town
Council shall use the following review criteria as the basis for making a decision to amend the text of the
Development Code:
(1) The text amendment promotes the health, safety and general welfare of the Avon community;
(2) The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;
(3) The text amendment promotes or implements the purposes stated in this Development Code;
or
(4) The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: The Sustainable Building Code Task Force worked for months to deliver actionable
recommendations to Eagle County jurisdictions. Taking a first step in addressing the extensive
Recommendations is important to reduce the carbon produced in Town and meet Town’s adopted Climate
Action Plan greenhouse gas reduction target of 25% by 2025, and minimum of 80% by 2050.
Relevant policies from the Comprehensive Plan include:
Policy G.4.1 Incentivize renewable energy and building techniques which support the goals of the
Eagle County Climate Action Plan.
Policy G.4.3 Use Town buildings as examples of best practice in building efficiency and sustainability.
From the Avon Development Code, Purpose (m) states:
Achieve innovation and advancement in design of the built environment to improve efficiency, reduce
energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural
resources and attain sustainability.
AVAILABLE ACTIONS:
1. Continue the First Reading pending additional information.
2. Approve First Reading and set a date for Second Reading.
3. Deny the application.
RECOMMENDED ACTION: Staff recommends approval of the first reading by Town Council.
RECOMMENDED MOTION: "I move to approve the first reading of Ordinance 20-05, setting a second
reading and public hearing date of May 12.”
970-748-4023 cmcwilliams@avon.org
Sincerely,
David McWilliams
cmcwilliams@avon.org
970-748-4023
ATTACHMENTS
A. Proposed Code Amendment Ordinance 20-05
B. PZC Record of Decision - Draft
LINKS
• Avon Comprehensive Plan: https://www.avon.org/DocumentCenter/View/83/Comprehensive-
Plan?bidId=
• Climate Action Plan: https://www.avon.org/DocumentCenter/View/15079/Climate-Action-Plan-for-
the-Eagle-County-Community_FINAL_December-V2-2016_WEB?bidId=
• Building Code Recommendations for Local Governments in Eagle County, Colorado:
http://avon.org/DocumentCenter/View/20197/Building-Code-Recommendations-Final_342020
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 1 of 4
ORDINANCE NO. 20-05
SERIES OF 2020
APPROVING AMENDMENTS TO AVON MUNICIPAL CODE CHAPTER 7.28.020(g)
AND 15.28 FOR ELECTRIC VEHICLE CHARGING, AND CHAPTER 15.10.020 AND
15.26.020 FOR SOLAR-READY ROOFS AND INCREASED BOILER EFFICIENCY
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 initiated a code text amendment application to promote building
energy efficiency and require building improvements that facilitate solar readiness and electric
vehicle charging infrastructure; and
WHEREAS, the code amendments are in conformance with Avon Comprehensive Plan Policies
G.4.1 and G.4.3 referencing improved building efficiency; and
WHEREAS, the code amendments will help to reduce the carbon produced in Town thereby meeting
Town’s adopted Climate Action Plan greenhouse gas reduction target of 25% by 2025, and minimum of 80%
by 2050; and
WHEREAS, the Town Council finds that requiring electric vehicle charging, solar-ready roofs,
and increased boiler efficiency will promote the health, safety and general welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Chapter 7.28.020 - Computation of Parking and Loading
Requirements. Chapter 7.28.020(g)(1) is hereby amended to read as follows with underline
indicating language to be adopted:
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 2 of 4
7.28.020 (g) Computation of Parking and Loading Requirements
(1) Computation:
(i) Different Use Areas. Except as provided for in this Section, parking shall be
calculated separately for each different use area in a building or on a site,
including all accessory uses. Parking spaces for accessory uses not specifically
identified in Table 7.28-2, Off-Street Parking, shall be assumed to be included in
the principal use requirement.
(ii) Mixed Use Reduction. If the Director determines that a proposed use
represents a combination of uses listed in Table 7.28-2, Off-Street Parking, a
fifteen-percent reduction shall apply to the total parking calculation.
(iii) On-Street Parking. Where there is on-street parking abutting the front
property line of any lot or parcel, the minimum off-street parking requirement
may be reduced by the Director by one (1) space for each on street space located
entirely or partially between two (2) lines formed by the extension (without
turning) of the side lot lines of the lot or parcel into the street right-of-way.
space for each on street space located entirely or partially between two (2) lines
formed by the extension (without turning) of the side lot lines of the lot or parcel
into the street right-of-way.
(iv) Electric Vehicle Parking. As required by Section 15.28, Electrical Vehicle
Charging Standards, Avon Buildings and Construction, the quantity and location
of EV parking spaces must be demonstrated at design review.
Section 3. Amendment to Chapter 15.10.010- International Residential Code. –
Additions or modifications. Chapter 15.10.10 is hereby amended to read as follows underline
indicating language to be adopted:
a) Section 6.9 of the Town Charter provides that standards codes may be adopted by
reference with amendments. The Town adopts the 2015 International Residential Code
for One- and Two-Family Dwellings, excluding Chapters 36, 37, 38, 39 and 40 and
including Appendix G and U.
Section 4. Amendment to Chapter 15.10.020 - International Residential Code. –
Additions or modifications. Chapter 15.10.20 is hereby amended to read as follows with strike-
out indicating language to be deleted and underline indicating language to be adopted:
The 2015 International Residential Code for One- and Two-Family Dwellings is amended and
changed as described in Sections 15.10.030 through 15.10.1460 of this Chapter.
Section 5. Amendment to Chapter 15.26.020 - International Energy Efficiency Code. –
Additions or modifications. Chapter 15.10.20 is hereby amended to read as follows with strike-
out indicating language to be deleted and underline indicating language to be adopted:
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 3 of 4
The 2015 International Energy Conservation Code is amended and changed as described in
Sections 15.26.030 through 15.26.0460 of this Chapter.
Section 6. Amendment to Chapter 15.10.150 - Solar-Ready; and Chapter 15.26.050-
Solar-Ready. Chapter 15.10.150 and 15.26.050 are hereby amended to read as follows with
strike-out indicating language to be deleted and underline indicating language to be adopted:
Code Language: 2015 IECC Appendix RB & IRC Appendix U
RB103.1/U103.1 General
New detached one- and two-family dwellings and multiple single-family dwellings (townhouses)
with not less than 600 square feet of roof area oriented between 110 degrees and 270 degrees of
true north shall comply with Sections RB103.2 through RB103.8.
Exceptions:
1. New residential buildings with a permanently installed on-site renewable energy system.
2. A building with a solar-ready zone that is shaded for more than 70 percent of daylight
hours.
RB103.2 / U103.2 Construction document requirements for solar-ready zone.
Construction documents shall indicate the solar-ready zone.
RB103.3 / U103.3 Solar-ready zone area.
The total solar-ready zone area shall not be less than 300 square feet exclusive of mandatory
access or set back areas as required by the International Fire code. New multiple single-family
dwellings (townhouses) three stories or less in height above grade plane with a total floor area
less than or equal to 2,000 square feet per dwelling shall have a solar-ready zone area of not less
than 150 square feet. The solar-ready zone shall be composted of areas not less than 5 feet in
width and not less than 80 square feet exclusive of access or set back areas as required by the
International Fire code.
RB103.4 / U103.4 Obstructions.
Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys,
and roof-mounted equipment.
RB103.5 / U103.5 Roof Load Documentation.
The structural design loads for roof dead load and roof live load shall be clearly indicated on the
construction documents.
RB103.6 / U103.6 Interconnection pathway.
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 4 of 4
Construction documents shall indicate pathways for routing of conduit or plumbing from the
solar-ready zone to the electrical service panel or service hot water system.
RB103.7 / U103.7 Electrical service reserved space. The main electrical service panel shall have
a reserved space to allow installation of a duel circuit breaker for future solar electric installation
and shall be labeled “For Future Solar Electric “. The reserved space shall be poisoned at the
opposite (load) end from the input feeder location or main circuit location.
The primary Electrical service installed must be a minimum of a 200-amp all-in-one solar ready
load center for one and two family dwellings or townhouses. The supply conduit must be a
minimum of 2 inches.
RB103.8 / U103.8 Construction documentation certificate.
A permanent certificate, indicating the solar-ready zone and other requirements of this section,
shall be posted near the electrical distribution panel, water heater or other conspicuous location
by the builder or registered design professional.
Section 7. Amendment to Chapter 15.10.160 - More Efficienct Furnace and Boiler
Equipment for Residential and Commercial . Additions or modifications; Chapter 15.10.160
is hereby amended to read as follows with underline indicating language to be adopted:
Code Language: 2015 IRC
N1103.7 (R403.7) Equipment sizing and efficiency rating (Mandatory). Heating and cooling
equipment shall be sized in accordance with ACCA Manual S based on building loads calculated
in accordance with ACCA Manual J or other approved heating and cooling calculation
methodologies. New or replacement heating and cooling equipment shall have an efficiency
rating equal to or greater than the minimum required by federal law for the geographic location
where the equipment is installed. All Gas fired boilers and furnaces shall have a minimum
efficiency of 92% AFUE. A condensate riser with a trap attached to the drain system must have
neutralizer draining into the sanitary sewer system.
Section 8. Amendment to Chapter 15.26.060 - International Energy Conservation Code.
– Additions or modifications. Chapter 15.26.060 is hereby amended to read as follows with
strike-out indicating language to be deleted and underline indicating language to be adopted:
Code Language: 2015 IECC
TABLE 403.2.3(4)
WARM-AIR FURNACES AND COMBINATION WARM-AIR FURNACES/AIR-
CONDITIONING UNITS, WARM-AIR DUCT FURNACES AND UNIT HEATERS,
MINIMUM EFFICIENCY REQUIREMENTS
EQUIPMENT
TYPE
SIZE
CATEGORY
(INPUT)
SUBCATEGORY
OR RATING
CONDITION
MINIMUM
EFFICIENCY
TEST
PROCEDURE
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 5 of 4
Warm-air
furnaces, gas
fired
<225,000 Btu/h - 78% AFUE 92%
AFUE or 80%
Et
DOE 10 CFR
Part 430 or ANSI
Z21.47
≥ 225,000
Btu/h
Maximum capacity 80% Et 92% Et ANSI Z21.47
Warm-air
furnaces oil
fired
<225,000
BTU/h
- 78% AFUE 92%
AFUE or 80%
Et
DOE 10 CFR
Part 430 or UL
727
≥ 225,000
Btu/h
Maximum capacity 81% Et 92% Et UL 727
Warm-air duct
furnaces, gas
fired
All capacities Maximum capacity 80% Et 92% Et ANSI Z83.8
Warm-air unit
heaters gas fired
All capacities Maximum capacity 80% Et 92% Et ANSI Z83.8
Warm-air
heaters, oil fired
All capacities Maximum capacity 80% Et 92% Et UL 731
TABLE C403.2.3(5)
MINIMUM EFFICIENCY REQUIREMENTS: GAS- AND OIL-
FIRED BOILERS
EQUIPMENT
TYPE
SUBCATEGORY
OR RATING
CONDITION
SIZE
CATEGORY
(INPUT)
MINIMUM
EFFICIENCY
TEST
PROCEDURE
Boilers, hot
water
Gas-fired <300,000 Btu/h 80% AFUE 92%
AFUE
10 CFR Part
430
≥ 300,000 Btu/h
And
≤ 2,500,000
Btu/h
80% Et 92% Et 10 CFR Part
431
> 2,500,000
Btu/h
82% Et 92% Et
Oil-fired <300,000 Btu/h 90% AFUE 92% 10 CFR Part
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 6 of 4
AFUE 430
≥ 300,000 Btu/h
And
≤ 2,500,000
Btu/h
82% Et 92% Et 10 CFR Part
431
> 2,500,000
Btu/h
84% Et 92% Et
Boilers, steam Gas-fired <300,000 Btu/h 75% Et 92% Et 10 CFR Part
430
Gas-fired -all, except
natural draft
≥ 300,000 Btu/h
And
≤ 2,500,000
Btu/h
79% Et 92% Et 10 CFR Part
431
> 2,500,000
Btu/h
79% Et 92% Et
Oil-fired <300,000 Btu/h 80% AFUE 92%
AFUE
10 CFR Part
430
≥ 300,000 Btu/h
And
≤ 2,500,000
Btu/h
81% Et 92% Et 10 CFR Part
431
> 2,500,000
Btu/h
81% Et 92% Et
Section 9. Amendment to Chapter 15 - Electric Vehicle Charging Standards. Chapter
15.28 is hereby enacted to read as follows with underline indicating language to be adopted:
15.28 – Electrical Vehicle Charging Standards
15.28.010 - Intent and Purpose.
The purpose of the Electric Vehicle (EV) Charging Standards is to accommodate the growing
need for electric vehicles.
15.28.020 – Definitions
As used in this Chapter, the following terms shall have the meaning indicated:
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 7 of 4
Electric Vehicle Supply Equipment (EVSE) Installed means the installation of a Level 2
EV charging station.
EV Capable means the installation of electrical panel capacity with a dedicated branch
circuit and a continuous raceway from the panel to the future EV parking spot(s).
EV Ready means the installation of electrical panel capacity and raceway with conduit to
terminate in a junction box or 240-volt charging outlet.
Level 2 means an EVSE capable of charging at 30 amperes or higher at 208 or 240 VAC.
An EVSE capable of simultaneously charging at 30 amperes for each of two vehicles shall be
counted as two Level 2 EVSE.
Level 3 means an EVSE with technology known as DC fast charging, charging through a
480V direct current plug.
15.28.030 – Applicability
The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse)
and all new non-residential, mixed use, and/or multi-family exterior energy uses.
15.28.040 Electric Vehicle Charging
The building shall be provided with electric vehicle charging in accordance with this section and
the National Electrical Code. When parking spaces are added or modified without an increase in
building size, only the new parking spaces are subject to this requirement
(a). R3 occupancies. Structures shall be provided with EV charging in accordance with Table 1.
Calculations for the number of spaces shall be rounded up to the nearest whole number. All
Electric Vehicle Supply Equipment (EVSE) Installed, EV Ready and EV Capable Spaces are to
be included in the calculation for the number of minimum vehicle spaces required, as provided
by the applicable article of the Avon Development Code as amended below.
Table 1. Residential EV Requirements
Number of
EV
Capable
Spaces
Number of
EVSE Ready
Spaces
Number of
EVSE Installed
Spaces
1 space None 1 None
2 to 9 spaces None 1 1
10 or more spaces 15% of
spaces
10% of spaces 5% of spaces
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 8 of 4
(b) All non-residential and mixed-use occupancy groups. Structures shall be provided with EV
charging in accordance with Table 2. Calculations for the number of spaces shall be rounded up
to the nearest whole number. All EVSE Installed, EV Ready and EV Capable Spaces are to be
included in the calculation for the number of minimum vehicle spaces required, as provided by
the Avon Development Code.
Table 2. Non-residential and Mixed-Use EV Requirements
Number of
EV
Capable
Spaces
Number of
EV Ready
Spaces
Number of
EVSE Installed
Spaces
1 space None 1 None
2 to 9 spaces None 1 1
10 or more spaces 15% of
spaces
10% of spaces 5% of spaces
Note: The number of electric vehicle supply equipment installed
spaces may be reduced by up to five provided that the building
includes not less than one parking space equipped with an EV Level
III and not less than one electric vehicle ready space
15.28.050. Submittal Requirements.
Construction documents shall designate all EV capable spaces, EV ready spaces EVSE spaces,
and EV supply equipment installed spaces, and indicate the locations of conduit, sizing, and
termination points. The circuit breakers or circuit breaker spaces reserved for the EV capable
spaces, EV ready spaces, and EV supply equipment installed spaces shall be clearly identified in
the load center. The conduit for EV capable spaces shall be clearly identified at both the load
center and the termination point at the parking space.
15.28.060. Accessible parking
Where new accessible parking is provided, at least one accessible parking space shall be EV
Ready.
Section 10. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 9 of 4
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 11. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 12. 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 13. 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 14. Codification of 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 15. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
ATTACHMENT A
Ord 20-05 Chapter 7 and 15 Amendments April 28, 2020
Page 10 of 4
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on April 28, 2020 and setting such public hearing for May 12, 2020 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on May 12, 2020.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
ATTACHMENT A
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council Members FROM: Danita Dempsey, CASE Manager
RE: Salute to the USA – Pyrotechnic Production Options
DATE: April 26, 2020
SUMMARY: This report provides some background on Avon’s pyrotechnic production and considers
contracting and associated cost; and, logistics and security under normal conditions. And, provides two
options for Council consideration and discussion, which outline logistics and estimated costs for a
pyrotechnic production; while following the anticipated restrictions for public gathering under the Public
Health Order.
In order to adequately prepare for procurement of infrastructure, staffing, creative design, marketing and
promotions, etc. Staff requests from Council by April 28th, a “go or no-go” decision regarding a fireworks
program; and, if a fireworks program is desired, direction on options for the length of the fireworks show.
BACKGROUND: The Town of Avon’s hallmark Salute to the USA event takes place on July 3rd each year;
2020 will be the 34th annual program. The signature element is the fireworks display consisting of over
10,000 barrages (“shells”) exploding over Nottingham Lake. The 22-23-minute fireworks program contains
low-level, mid-level and high-level barrages which can be experienced from many vantage points.
Western Enterprises has been contracted for Avon’s fireworks since inception and, the contract has
historically been executed in the first quarter of each year. In 2017, the Town entered a contract with
Western Enterprises with a three-year term which ended after the 2019 event. Through the RFP process
Western Enterprises has been awarded the contract in 2020 which has not yet been executed by either
party. Western Enterprises has the pyrotechnic product for Avon’s show in their warehouse and therefore
can extend the date to execute a contract to no later than May 29, 2020. And, this will allow for time to
choreograph Avon’s show with a musical score for radio broadcast.
The contract details a total pyrotechnic production cost of $45,000 due no later than 15-days after the date
of the display and includes an opportunity to reschedule up to February 24, 2021. If the Town does not
reschedule by February 24, 2021, it would be responsible for $13,500. Contract language provided below:
8. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of FORTY-
FIVE THOUSAND DOLLARS & NO/100 ($45,000.00). The contract amount will be paid within
fifteen (15) days after the date of the display. Unpaid accounts are subject to one percent (1%)
interest charge per month after fifteen days.
9. In the event of inclement weather or other adverse conditions, so as to cause postponement of
any of these displays, it is agreed and understood that PURCHASER will notify SELLER regarding
the postponement date, normally the following night, or at some future date through February 24th
of the following calendar year (2021). If the PURCHASER will not re-schedule the display by
February 24th of the following calendar year, or completely cancels the display, the PURCHASER
agrees to pay to the SELLER thirty percent (30%) of the cost of the display ($13,500.00).
PUBLIC HEALTH ORDER: Eagle County adopted a Public Health Order on Friday, April 24, 2020, which
allows gatherings of 10 person or less. The Eagle County Health Department has presented a Transition
Trails Map which contemplates that the Public Health Order may advance to an “intermediate” stage
970-748-4065 ddempsey@avon.org
between four to eight weeks, which may allow gatherings of up to 25 to 50 people. The Eagle County
Public Health Order also contemplates the potential to advance to an “expert” stage whereby gatherings of
up to 250 people may be allowed. In order to avoid the Town of Avon “inviting” a gathering that violates
Eagle County Public Health Orders the Town would be required to barricade and secure Nottingham Park
and any other Town owned public places that may be used for viewing the fireworks by the public. This
would require a greater amount of barricades and chain link fence than is used for the typical Salute to the
USA event.
LOGISTICS:
1)Discharge / Launch and Display Sites: See Exhibit A
a)Discharge Site: the immediate area from where the fireworks equipment and fireworks are located
and/or discharged. The Discharge Site is “live” at 4:00 p.m. meaning all rails are charged with
electricity and when the system is scheduled for testing. At approximately 2:50 p.m. members of
the public are restricted from Lake access and the Lake is swept and cleared by 3:50 p.m.
b)Display Site: including the Discharge Site, and the entire required security safety perimeter outside
the Discharge Site as prescribed by the Eagle River Fire Protection District, Western Enterprises
and the Town of Avon.
2)Shell Size and Fall Out Zone:
Avon’s program includes aerial effects and shells ranging in diameter from 3” to 4”. Avon benefits from
shooting their program over / near Nottingham Lake which according to Eagle River Fire Protection District
Chief, Karl Bauer “…out of all the potential viable sites presents the lowest risk…” due in part to being
surrounded by relatively low fire fuel (green grass and healthy tree’s), nature of topography and most of the
audience is twice the distance from the Discharge Site as required by NFPA 1123 (Code of Regulations for
conducting outdoor fireworks displays). Avon’s fireworks program has been cancelled twice due to
restrictions related to fire fuel conditions, weather patterns, etc. and remains a risk.
Avon is somewhat restricted with shell size however, due to the proximity of structures to the Discharge /
Launch Site related to the required “Fall Out Zone”. Western Enterprises and Eagle River Fire Protection
District recommend for every inch in diameter of the shell there must be 70 ft. of distance to the closet
structure (4” shell = 280 ft.) the area from the Discharge / Launch Site and the closest structure in all
directions, is called the Fall Out Zone. Additionally, every 1” of shell size equates to approximately 100 ft.
of elevation gain.
Due to an incident in 2015 with a 5” shell firing in a containment tube resulting in a trajectory towards the
audience; Avon, in collaboration with ERFPD and Western Enterprises took the following action to further
minimize risk (1) reduced its maximum shell size to 4”, (2) increased the Fall Out Zone to 100 ft. per inch in
diameter (3) added chain link fencing directly in front of the racks; and, (4) redesigned the rack containment
“box” - See Exhibit B
SECURITY: In order to secure the Discharge / Launch Site and Display Site the Town would use
combination of Avon PD, Extra Duty Officers and hired security personnel, chain link fence, blue “snow
fence”, barricade fence and “Restricted Site – No Entry” signage. Under normal conditions, the Town
contracts professional security to secure both sites. The Town provides hired security beginning July 2nd at
970-748-4065 ddempsey@avon.org
8:00 a.m. when pyrotechnic product is loaded into the Discharge Site as well as overnight security the night
of the 2nd. Beginning at 8:00 a.m. on July 3rd hired security is ramped up throughout the day to a total of 33
personnel. Additionally, approximately 40 police officers from Avon PD and Extra Duty Officers from CSP
and neighboring communities are utilized for security, crowd control, alcohol management, traffic control,
emergency response, safety management, etc.
1)Security Personnel
a)Extra Duty Officers; Total Cost = $16,625
b)Avon Police Dept. regular and overtime; Total Cost = $4,400
c)Hired Security; 17 hired security personnel arriving in shift totaling 182-man hours; $29.50 per man
hour. Total Cost = $5,369
d)An additional 16 hired security personnel totaling 132 man-hours is added for bag check, ID
checking and alcohol management at 4:00 p.m. Cost = $3,908 paid by the Humane Society and
not included in the grand total.
e)Grand Total: $26,394
2) Fencing
a)The Town contracts with American Fence to provide chain link fence to secure both sites. The
Discharge Site must be secure by 7:30 a.m. on July 2nd and the Display Site is secured by
approximately 12:00 p.m. on July 3rd.
b)2,100 linear feet of chain link fence, t-post, sand bags, delivery, installation and removal; $3.57 per
linear foot; Total Cost = $7,500
c)Other fencing infrastructure and signage is Town owned and installed / removed by Staff.
The Pyrotechnic Protocol further defines logistics, perimeter security requirements, timing of launch, and
responsibilities of Town of Avon and Western Enterprises - See Attachment A.
OPTIONS FOR FIREWORKS PROGRAM: It is important to note that changes in either the Public Health
Order and/or ERFPD guidelines related live fire fuels, weather patterns, etc. resulting in restrictions, could
negatively impact Avon’s ability to host a fireworks program. Staff has provided two program length options
for Council consideration; (1) a 22-23-minute program which is the traditional length of Avon’s program;
and, (2) a reduced length program of 10-12-minutes. Both options include mid to high-level barrages only
which Staff anticipates would aid in discouraging public gathering at Nottingham Park and allow for viewing
from other vantage points; while reducing the expense, which is explored in the Financial Consideration
section of this report.
1) Logistics
a)Discharge / Launch and Display Sites; would remain the same as outlined above and under normal
conditions - See Exhibit C.
b)Shell Size and Fall Out Zone; would remain as outlined above and under normal conditions with
shell size not more than 4” in diameter and 500ft. distance between Discharge / Launch Site and
structures.
2) Security Personnel – To comply with anticipated Public Health Order gathering restrictions, there is a
need to sweep the entire Display Site to remove any public from the Lake and/or the Park prior to the
Discharge Site going live at 4:00 p.m. The estimated number of personnel and associated costs
970-748-4065 ddempsey@avon.org
outlined below take this into consideration. Additionally, the cost could be reduced by utilizing all Town
staff and organizing in a manner that they are supported by hired security and/or Avon PD.
a)Extra Duty Officers; would remain the same as outlined above with an anticipated and approved
budget Total Cost = $15,715
b)Avon Police Dept.; included in the PD budget and therefore not included here; anticipate $2000 -
$4,000
c)Hired Security; overall, there are three less personnel and 25 less man hours than under normal
conditions. Estimate 29 hired security personnel arriving in shifts and totaling 289-man hours;
$29.50 per man hour with an estimated Total Cost = $8,525
d)Grand Total: $24,240
3) Fencing – To comply with anticipated Public Health Order gathering restrictions and to keep the public
out of the Park, there is an increase in the required linear footage of chain link fencing.
a)The Discharge Site must be secure by 7:30 a.m. on July 2nd and the Display Site is secured by
approximately 12:00 p.m. on July 3rd.
b)Approximately 5,000 linear feet of chain link fence, t -post, sand bags, delivery, installation and
removal; $3.57 per linear foot with an estimated Total Cost = $17,850
c)Other fencing infrastructure and signage is Town owned and installed / removed by Staff
4) Marketing & Promotion - the marketing and promotion of Avon’s fireworks program would be designed
foremost to:
a)Drive the decision to stay home, stay safe and follow Public Health Order
b)Target locals only with further discussion warranted regarding how to message to non-locals as
defined by Public Health Order
c)Encourage watching from balconies
d)Include a live stream via multiple platforms such as YouTube, Facebook and Instagram; and,
e)Incorporate a competition and/or prize for the best balcony decorations.
FINANCIAL CONSIDERATIONS: Council considered Staff proposals to reduce budget expenditures at its
April 9th special meeting. Council approved proposed operating expense reductions in the amount of
$820,291, which included the cancellation of the Salute to the USA event for a net expensive reduction of
approximately $160,000. The total cost of a fireworks display program on July 3rd without the music
concert, kids activations, sound, light and stage productions, and a VIP experience is $107,635 to
$117,660, which is less than the original $193,787.60 budget. See Exhibit D.
The Town already has financial commitments to the headlining talent and agency fee at an expense of
$33,000; however, the Town has the right to reschedule the talent to a mutually agreeable date prior to
October 1, 2021. The Town must provide notice of cancelling the music performance on July 3, 2020 at
least 60-days prior to the performance date (i.e. notice must be given by May 3, 2020).
In summary, the estimated cost and savings are provided below:
Adopted Budget = $193,787
OPTION A: 22-23 Minute Program = $117,660 (savings of $76,127)
OPTION B: 10-12 Minute Program = $107,635 (savings of $86,152)
970-748-4065 ddempsey@avon.org
JULY 4TH OPTION: Staff further investigated the idea of moving Avon’s program to July 4th this year only to
advance a “one-valley, one-voice” message. Staff spoke with emergency service providers who expressed
concerns that county-wide emergency services are not adequate to cover four separate fireworks display
events. Staff does not believe that scheduling a fireworks display in Avon on July 4th is a viable option.
WOLF LOT OPTION FOR LAUNCHSITE: Staff investigated the idea of launching Avon’s fireworks from
the Wolf Lot which offers approximately 120 additional feet in elevation. This location presented a few
significant challenges considering live fuel, weather and topography. There is a greater preponderance of
live fire fuel, weather pattern is moving towards a warming trend with low precipitation, topography of the
site being uphill, fuel station proximity to site, etc. Generally, the chances of something happening may be
low however, the downside if something happened are great. ERFPD Chief Karl Bauer said, “There is a
99% chance of a brush fire in this location.” Staff does not believe using the Wolf Lot is a viable option.
DISCUSSION: There is a strong desire to provide the community with opportunities to engage in
meaningful ways, spotlight creativity during crisis, and promote healing and coming togetherness. There
are many unknowns specifically related to the Public Health Order that will be in effect at this time and
notwithstanding logistical challenges, the question remains if hosting and promoting an event of any kind is
socially appropriate and/or does it raise legal considerations. We just do not have all the answers currently.
Thank you, Danita
MANAGER’S COMMENTS: I have concerns that the logistics of conducting a fireworks display for local
residents only to watch from their respective neighborhoods will be difficult to manage successfully. I
anticipate that the display will induce gatherings in excess of the Eagle County Public Health Order
throughout the valley floor area of Avon as residents of many multifamily areas crowd parking lots, common
area lawns and sidewalks to watch the display. The Town can use best efforts to discourage attendance
by out-of-county visitors and Eagle County residents from outside Avon. I cannot predict the success of
marketing efforts to dissuade visitors because a locals only fireworks display is unusual and quite different
from the reputation that Salute to the USA has built over the years.
Thank you, Eric
ATTACHMENTS:
EXHIBIT A – Salute Event Map Final 2019
EXHIBIT B – Western Enterprises Approved Rack Design
EXHIBIT C – Nottingham Park Fireworks Map
EXHIBIT D – Salute Budget Options
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Nottingham Lake
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RecCenter
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Post Office
1st Bank
Avon Center
Sheraton
Slifer, Smith, FramptonWhite RiverBldgs
LibraryFireStation
MuniBldg
AvonElementary
Stone CreekCondos
Roundabouts: If there are 3 lanes of traffic, one will get shut down so that there is one right turn and one left turn.
FamilyZone
DIVISION 4
DIVISION 3
DIVISION 2
DIVISION 1
RailroadCrossing
Entry/Exit
I*
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10
10
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I*P.O.L's
The Westin
I*1
I*2
I*13
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#3 Barricade
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Feet This map was produced by the Eagle County GIS. Use of this map should be for general purposes only. Eagle County does not warrant the accuracy of the data contained herein.Author:S. Fleming, Date: 06/27/19Aerial Photo: Bing 2011 - (c) 2010 Microsoft Corporation and its data suppliers
RailroadCrossing
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Comfort Inn
Lakeside Terrace
Falcon PointeCondos
Beaver CreekWest Condos
Beaver BenchCondos
Buck Creek Condos
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ERWSD
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Handicap ParkingVIP ParkingVendor Parking
Vendors
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Fireworks Truck Entry/ExitLauch Site
LT LT
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LTLoading ZoneFGHZ Signs on Barricades - No Parking
FGHK Signs on Barricades - No Passing
Signs on Barricades - Pedestrians Keep Left
Blue Fence or Stadium Fence
Display Perimeter
Discharge Perimeter "A&Ambulance / Medical
Chain Link Fence
Dumpster!(
Light TowerLT
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Entertainment Parking
Salute to the USA 20 19
Salute to the USA 20 19
EXHIBIT A
EXHIBIT B
Western Enterprises and Town of Avon
2019 Fireworks Production Contract
Western Enterprises Rack Design Approved by
Eagle River Fire Protection District
aEXHIBIT C
Expense
Adopted
Budget
Option A: 22-23
Minutes
Option B: 10-12
Minutes
S.E. Materials & Supplies
Green Room Support $ 300.00 N/A N/A
VIP Decorations $ 400.00 N/A N/A
Laynards $ 200.00 N/A N/A
Sub-Total: $ 900.00 $ - $ -
Food & Beverage
Concessions: Cost of Goods $ 8,280.00 N/A N/A
Police Catering $ 770.00 $ 770.00 $ 770.00
VIP Catering $ 5,540.00 N/A N/A
Staff/Volunteers Food & Beverage $ 1,400.00 $ 800.00 $ 800.00
Ice $ 50.00 $ 50.00 $ 25.00
Artist / Talent Buy Out or Catering $ 1,500.00 N/A N/A
Sub-Total: $ 17,540.00 $ 1,620.00 $ 1,595.00
Other Professional Services
Kid's Activation & Entertainment $ 6,700.00 N/A N/A
Emcee Services 200.00$ N/A N/A
Sub-Total: $ 6,900.00 $ - $ -
Printing & Reproduction
Light Pole Banners 1,800.00$ N/A N/A
Posters 100.00$ 200.00$ 200.00$
Parking Passes 85.00$ N/A N/A
On-Site Directional Signage 200.00$ 300.00$ 300.00$
Concession Menu Boards 200.00$ N/A N/A
Sub-Total: $ 2,385.00 $ 500.00 $ 500.00
Audio Visual
Live Stream Production $ - $1,000 $1,000
Sound Engineer $ - N/A N/A
Sound & Light Production: Headliner $ 12,500.00 N/A N/A
Sound & Light Production: Opener $ 1,000.00 N/A N/A
Sub-Total: $ 13,500.00 $ 1,000.00 $ 1,000.00
Security Services
Guest Officers $ 15,715.00 $ 15,715.00 $ 15,715.00
Professional Security $ 7,500.00 $ 8,525.00 $ 8,525.00
Sub-Total: $ 23,215.00 $ 24,240.00 $ 24,240.00
Rentals Traffic & Crowd Control
Beaver Creek Parking Lots $ 200.00 $ 200.00 $ 200.00
Light Towers $ 850.00 $ 850.00 $ 850.00
Chain Link Fencing $ 8,200.00 $ 17,850.00 $ 17,850.00
Sub-Total: $ 9,250.00 $ 18,900.00 $ 18,900.00
Portable Facilities
Water Monsters $ 400.00 N/A N/A
Restrooms, Dumpsters $ 7,000.00 N/A N/A
Sub-Total: $ 7,400.00 $ - $ -
Purchased & Other Contracted Services
Temporary Labor: Concessions Servers $ 1,800.00 N/A N/A
EXHIBIT D - SALUTE TO THE USA OPTIONS & COST ESTIMATES
Program Length Options
Page 1 of 2
Temporary Labor: Concessios Bar Manager $ 800.00 N/A N/A
Temporary Laber: Concessions Misc. $ 450.00 N/A N/A
Temporary Labor $ 2,200.00 N/A N/A
Fireworks Production 45,000.00$ 35,000.00$ 25,000.00$
Resource Recovery 5,000.00$ N/A N/A
Headlining Talent $ 45,000.00 $ 33,000.00 $ 33,000.00
Opening Talent $ 4,000.00 N/A N/A
Talent Lodging: Headliner $ 600.00 N/A N/A
Talent Lodging: Opener $ 500.00 N/A N/A
Creative Services $ 400.00 $ 1,200.00 $ 1,200.00
Photograpy: Still $ 500.00 N/A N/A
Support Infastructure $ 900.00 N/A N/A
Medical $ 650.00 N/A N/A
Sub-Total: $ 107,800.00 $ 69,200.00 $ 59,200.00
Permits & Licensing
ERFPD - Inspection Permit $ 100.00 N/A N/A
Environmental Health Dept. $ - N/A N/A
Sub-Total: $ 100.00 $ - $ -
Sales Tax 1,821.60$ N/A N/A
Sub-Total: $ 1,821.60 $ - $ -
CC Fee's 776.00$ N/A N/A
Sub-Total: $ 776.00 $ - $ -
Advertising & Other Legal Notices
Mixed Media $ 2,200.00 $ 2,200.00 $ 2,200.00
Sub-Total: $ 2,200.00 $ 2,200.00 $ 2,200.00
TOTAL:193,787.60$ 117,660.00$ 107,635.00$
Page 2 of 2
Salute to the USA – Pyrotechnic Protocol Page 1
ATTACHMENT A
SALUTE TO THE 2019
PYROTECHNIC PROTOCOL
VENUE/SITES:
• The Discharge Site is herein defined as the immediate area from where the fireworks equipment and fireworks are
located and/or discharged.
• The Display Site Lower Premise is herein defined as not only including the Discharge Site, but also the entire
required security safety perimeter outside the Discharge Site as prescribed by the Eagle River Fire Protection
District and Western Enterprises.
• The Display Site Upper Premise is herein defined as not only including the Discharge Site Premises, but also the
entire required security perimeter outside the Discharge Site Premises as prescribed by the Town of Avon.
WESTERN ENTERPRISES:
Western designates Mr. Magnus Nilsson as the Pyrotechnic Operator in Charge of all Premises and the firing of the
fireworks display. Western will have additional Assistant Pyrotechnic Operators on site to help facilitate communication,
safety and other activities required to safely conduct the fireworks display. These individuals will provide a coordinated
“lights-out” countdown with all parties.
Western will work directly with ERFPD officials for the permitting of the fireworks display, paying the appropriate permittin g
fees; and, to ensure the fireworks equipment (racks and tube containment systems) and fireworks display (shells and
mortars) are conducted in accordance with safety regulations established to NFPA 1123 (Code of Regulations for
conducting outdoor fireworks displays). The safety regulations in NFPA 1 123 may be increased by the ERFPD to ensure
the safety of everyone. The ERFPD is recommending (Exhibit A) and, the Town of Avon is requiring the following
modifications to further ensure All Premise safety and public safety:
a. The maximum shell/mortar size will be four inches (4”);
b. The fallout zone shall be one hundred feet (100’) per inch of maximum shell size;
c. Modified rack design. The rack design will follow NFPA 1123 2014 version. The racks will have separation
between them equal to the size of the mortar. The racks will be secured as identified in Exhibit B; and,
d. Six-foot (6’) chain link fencing shall be installed at the Discharge Site Premises surrounding the north, south
and east sides of the launch area. The west side of the launch area shall be free of chain link fencing to
provide an emergency escape route for technicians.
Designated pyrotechnic crew members shall be responsible as “spotters”. The spotters are strategically positioned around
the Discharge Site Premises to watch all pyrotechnics during the firing of the display. The number of and location of
designated spotters will be approved by ERFPD during the Discharge Site Premises Inspection by not later than July 3,
2019 at 12:00 p.m.
Western pyrotechnic crew members shall do an immediate after-show “sweep” of the Discharge Site Premises and Display
Site Lower Premises to identify and remove any unexploded pyrotechnic devices or other material that might not have
Salute to the USA – Pyrotechnic Protocol Page 2
ignited. Any such material found by any person other than the pyrotechnic crew members shall be turned over to a
pyrotechnic crew member, or the proper authority having jurisdiction, for safe handling or disposal of said material. Only
credentialed pyrotechnic operators shall be allowed in the Discharge Site Premise s and/or Display Site Lower Premises and
perimeter areas until the sweep is complete. This “sweep” is allocated to last approximately 25 minutes.
There will be designated “runners for food and beverages” for the pyrotechnic crew members. These designat ed individuals
can be pyrotechnic crew members, but if they do not have the proper credentials with photo identification, they will not be
allowed into the discharge site.
LOGISTICS:
Prior to delivery of fireworks to the Town of Avon, Western will notify the Eagle River Fire Protection District of the
approximate delivery date and time. Once the fireworks arrive Western will confirm delivery, safe and proper storage with
the above-mentioned parties. Western will have all necessary personal protection devices and apparel including but not
limited to a fire extinguisher within the Discharge Site and readily available.
Load-In Timeline –
Eagle River Water Sanitation District has been contacted by town personnel and granted access through their gate for loa d-
in of pyrotechnic product; the contact information at ERWSD has been passed along to Magnus Nilsson.
• July 1 - Western pyrotechnic crew members will begin load-in of all tubes containment systems and racks onto
Discharge Site (damn on the west end of Nottingham Lake) at approximately 8:00 a.m.
• July 2 – Western pyrotechnic crew members will begin load-in of mortars and shells at the Discharge Site beginning
at approximately 8:00 a.m. Western shall be responsible for security of the Discharge Site upon arrival for load-in,
and until the Town of Avon hired security personnel arrive at approximately 6:00 p.m. on July 2.
• July 3 – After all pyrotechnic products have been loaded and properly secured; ERFPD will coordinate with Western
to conduct an on-site inspection by not later than 12:00 p.m. Western Operator in Charge, pyrotechnic crew
members and radio simulcast (KZYR – Mr. Tony Mauro) will conduct a test of the Pyro Seeking system at 4:00 p.m.
Malfunction Protocol –
If in the unlikely event a fireworks device malfunctions (specifically a detonation), the fireworks display shall be stopped
immediately, and power shut off. The Operator in Charge and assistants will immediately inspect the launching mortar area
to determine the extent of the problem. If the Operator in Charge and assistants determine there is no collateral damage to
adjacent launching mortars or racks that are affected, the display can resume. However, if the damage is deemed to have
caused collateral damage to adjacent launching mortars or racks, then the display will not resume.
If in the unlikely event a fireworks aerial shell happens to launch into the audience, the display will be stopped immediately,
and power shut off. The display will not resume unless approved by the Simulcast Team (see below). Most of the audience
is twice the distance from the discharge site as required by NFPA 1123 (Code of Regulations for conducting outdoor
fireworks displays)
Personal fireworks are not allowed at the event; this message is disseminated to the public through print, radio commercial
spots and on the town web site. If personal fireworks are released by the public, it does not warrant stopping the display
The Avon Mountain Adventure Camp will not be utilizing AES for their headquarters on July 2 or July 3.
PERIMETER/SITE SECURITY:
Salute to the USA – Pyrotechnic Protocol Page 3
Pyrotechnic crew members will park only in designated area s as determined by the Town of Avon and/or Eagle River Fire
Protection District. Each person in the vehicle needing to be parked must have the proper credential.
July 1 - Town personnel (Gary Padilla) will coordinate the closing of the recreational path around the lake at the north and
south ends of the dam, secure the lake/dam with blue event fencing by not later than 9:00 a.m.
July 2 - Pyrotechnic product will be loaded onto the dam starting at 8:00 a.m. at which time the Discharge Site and Display
Site Lower Premise will be secure with chain link fencing supported by “Restricted Site – No Entry” signage and 5D Shield
(see below). Town personnel will install a rope dividing the lake as to not allow public use on the western half of the lake
which is within the Discharge Site by not later than 8:00 a.m.
Security Locations & Hours:
• July 2 - Discharge Site: Four (4) 5D Shield starting at 8:00 a.m. ending at 6:00 p.m.; one (1) over night
o One located at the entrance to AES parking lot
o One person located on the south recreational path
o One person located on rail road tracks/roaming between east and west ends of Display Site
o One person roaming Lower Display Site and Discharge Site
o One person starting at 6:00 p.m. to 7:30 a.m. July 3 to secure pyrotechnic product overnight
• July 3 - Display Site: Up to (5) 5D Shield between 8:00 a.m. and 11:00 p.m.
o One located at the entrance to AES parking lot
o One person located on the south recreational path
o One person located on rail road tracks/roaming between east and west ends of Display Site
▪ Two additional personnel will be added between the hours of 4:00 p.m. to 11:00 p.m.
o Two Supervisors will roam the entire event venue
• Only crew members with proper credentials will be allowed into the Discharge and/or Display Site.
• The only personnel allowed within the discharge site are: Western fireworks staff; identified town staff;
identified emergency personnel (inspectors). Western will create specific credentials for all pyrotechnic crew
members with photo identification for each crew member. A list of the pyrotechnic crew members will be
provided to the Town of Avon prior to the display for verification.
TIMING & LAUNCH:
The timing and launch of the pyrotechnic product it critical to the success of the event therefore, the following has been put
into place:
The soundtrack and the firing command cues for the pyrotechnic product will originate from the Discharge Site with
synchronized CD’s at the Pavilion (on-site sound engineer) and KZYR Studio (in-studio sound engineer). The steps for a
manual start are as follows:
• Operator in Charge will call the on-site sound engineer on the simulcast channel and the in-studio sound engineer
and establish open lines of communication
• Switch the Pyro Seeking system to a local control mode
• Load the music and time code compact disk
• Manually count down with the both on-site and in studio sound engineers “5-4-3-2-1-play”
• The Pavilion and KZYR sound/time code files and the Pyro Seeking system would be manually started at the same
time
Salute to the USA – Pyrotechnic Protocol Page 4
The Simulcast Team will consist of the Fire Chief or his designee, Avon Police Chief or his designee, Western Enterprises
Primary Operator, Town Manager or designee and the Town CASE Manager. All members of the simulcast team, or
appropriate designees, will meet at 9:30 p.m. on July 3 on the stage deck of the Pavilion except those located on the dam
(Magnus Nilsson). The Simulcast Team will be provided with a separate radio channel that they will switch over to at 9:30
p.m. This channel will be free from any other communications. At 9:40 Magnus Nilsson will radio the Simulcast Team and
ask for an “all clear”; each member of the team will provide the “all clear, Avon Police Chief”; “all clear Events”; etc. with the
last call coming from the Fire Chief. Only after the above step is complete, and at the appropriate time in the Pyro Seeking
system (approximately 9:45 p.m.), Magnus Nilsson will start the show.
There will be a radio check of all channels at 6:00 p.m. and make sure Town personnel have extra batteries for radios if
necessary prior to being stationed on the dam.
The “lights out” call from the primary operator will be broadcast over radio communications 15 seconds prior to the start of
the CD containing cues/music. The choreographed music includes music/opening narration with a countdown from 10 to 1
with the he first explosive in the sky and exploding on the “one”. This is at approximately 32 seconds into the
synchronization timing. There will be approximately seventeen seconds of silence when lights go out and the start of
opening narration. All of this should be on the CD that Magnus Nilsson and Kaleidoscope Productions (Stephen Ridgeway)
are working with. KZYR (Tony Mauro – radio simulcast) will broadcast the music feed from the Pavilion live on KZYR and
without broadcast delay.
AVON REGULAR MEETING MINUTES
THURSDAY APRIL 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to
order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Amy Phillips,
Tamra Underwood, Scott Prince, Jennie Fancher, Jake Wolf, and Chico Thuon. Also present were Town
Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Town
Manager Eric Heil, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:36
Town Manager Eric Heil proposed to review the Eagle County Public Health orders. Mayor Smith Hymes
added it as item 5.1.1.
Councilor Fancher moved to approve the agenda as amended. Mayor Pro Tem Phillips seconded the motion
and the motion passed on a vote of 6 to 1. Councilor Wolf voted no.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:03:00
No conflicts of interest were disclosed.
4. PUBLIC COMMENT
Video Start Time: 00:03:10
Mayor Smith Hymes explained to the public how to participate via video/audio or via phone or via email
for public comments.
No public comments were made.
5. BUSINESS ITEMS
5.1. REVIEW OF GLENNA GOODACRE’S BRONZE ART IN AVON (CASE MANAGER DANITA DEMPSEY)
Video Start Time: 00:04:56
Cultural, Arts and Special Events Manager Danita Dempsey presented the Power Point presentation
in the packet. Councilor Underwood expressed how pleased she is on how Glenna Goodacre’s work
is now displayed at the street level for the community to enjoy.
5.1.1. ADDED ITEM: REVIEW OF THE EAGLE COUNTY PUBLIC HEALTH ORDERS
Video Start Time: 00:14:05
Town Manager Eric Heil and Council discussed the update of the Eagle County Public Health orders
to be effective on Monday April 27, 2020.
Town Manager Eric Heil mentioned there is some clarity on what can open and what cannot open,
but there is deference to incorporating protocols which may not be fully defined at this time. To his
understanding, both at a county level and state level there will be very strong deference to
individual responsibility, and that is part of the message that Avon wants to send out, along with
strongly advising people to wear face coverings in public. The message is still that it is better to stay
at home when you can and when in public to wear face coverings.
Eric Heil talked about the three different phases, with the first phase of business opening
anticipated to be 4 to 8 weeks long and said we won’t know how well it is working for 2 to 3 weeks
until we start to see what the impact is on rate of infections.
AVON REGULAR MEETING MINUTES
THURSDAY APRIL 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Mayor Smith Hymes pointed out that County Commissioner McQueeney commented in the
televised conference that we will not be opening up to tourists, it is a resident-only community
opening.
Town Manager Eric Heil explained the two critical points criteria for reopening, having at least 2
weeks of reduced rate of infection and having a enough testing, which includes ability to do contact
tracing, and Eagle County has met these criteria.
Councilor Thuon mentioned that no new COVID-19 cases were reported yesterday and there are
zero cases in the hospital.
Councilor Fancher said that people might not know where to get masks and there are local people
making them, so we might purchase from them at a reasonable price. The more available they are,
and the more people wear them, the less people will fuss. Town Manager Eric Heil is having
conversations with the manager group on making bins of masks available at transit.
Councilor Underwood mentioned when in their communications Public Health Director Heath
Harmon asked to call them face coverings, not masks, as masks would imply the surgical and N95
types.
Councilor Wolf and Town Manager Eric Heil talked about the renter’s situation and mentioned the
Avon Renters Forum to be hosted on Monday April 27, 2020 at 5:00 pm.
Mayor Smith Hymes said there will be an update on the County Public Health order at tomorrow’s
Avon Business Forum at 3:00 pm.
She called for public comments and no public comments were made.
Councilor Wolf suggested an idea to have a reward for the community after phase 1 and have a
gathering, with all rules applied, in the park with some music.
5.2. RESOLUTION TO AWARDING AVON COMMUNITY EMERGENCY RELIEF GRANTS IN RESPONSE TO COVID-19 PANDEMIC
(COMMUNICATIONS MANAGER ELIZABETH WOOD)
Video Start Time: 00:34:03
Communications Manager Elizabeth Wood and Town Manager Eric Heil presented an update to
Council. The Committee felt that the Salvation Army had the greatest reach and had the best
organiz ation to get relief funds out, focus ed on rent and utilities and food.
Town Manager Eric Heil said the Committee will meet on Monday and they will get a
recommendation for Council on the April 28, 2020 meeting.
Councilor Prince asked if it is p ossible to have Tsu Wolin with the Salvation Army to be present
to talk to Council at the next meeting.
AVON REGULAR MEETING MINUTES
THURSDAY APRIL 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Councilor Underwood had a comment to make but she had difficulties with her audio. Her
audio was clear at the time of voting. She later connected via telephone.
Mayor Smith Hy mes called for public comments and no public comments were made.
Mayor Pro Tem Phillips moved to approve Resolution 20 -10, Concerning the Allocation of
COVID-19 Grant Funding. Councilor Fancher seconded the motion and the motion passed
unanimously.
5.3. DISCUSSION OF AVON BUSINESS RELIEF (TOWN MANAGER ERIC HEIL)
Video Start Time: 00:44:56
Town Manager Eric Heil provided an update on the Avon business relief and gave an overview on
what other towns have done.
Mayor Smith Hymes said that May will be interesting for businesses since it is typically a very slow
month and said that the Town has tried to help our businesses by connecting them with programs
like the Avon Business Forums and the Meal Voucher Program. She mentioned she received an
email from the Mayor of Aspen saying he would like to copy Town of Avon’s Meal Voucher Program
because it is such a great idea.
Council agreed to take another look towards the end of May to see what the need is at that point.
5.4. RESOLUTION 20-11 – WALKING MOUNTAINS SCIENCE CENTER COMMUNITY HOUSING – WAIVER OF TAXES AND FEES
(TOWN ATTORNEY PAUL WISOR)
Video Start Time: 00:59:57
Planning Director Matt Pielsticker presented. Markian Feduschak joined the meeting on behalf of
Walking Mountains Science Center, thanked Council for considering this Resolution, and answered
questions from Council.
Mayor Smith Hymes called for public comments and no public comments were made.
Councilor Prince moved to approve Resolution 20-11 Authorizing the Waiver of Sales Tax Applicable
to the Walking Mountains Science Center Community Housing Project and the Waiver and Refund
of the Building Permit Fee Applicable to Such Project. He added, as clarification of his motion, to
change the amount to waive the Sales Tax not to exceed $30,000 as recommended by Staff.
Councilor Fancher seconded the amended motion and it passed unanimously.
5.5. DISCUSSION OF CULTURE, ARTS AND SPECIAL EVENTS COMMITTEE RECOMMENDATIONS (CASE MANAGER DANITA
DEMPSEY)
Video Start Time: 01:18:31
Cultural, Arts and Special Events Manager Danita Dempsey gave an update on the April 16, 2020
CASE Committee meeting. She said that members defined and unanimously adopted their brand
ambassador roles and they worked on the Post Event Debrief template, which will be sent
electronically for weekly events updates instead of monthly meetings during the summer.
AVON REGULAR MEETING MINUTES
THURSDAY APRIL 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
She mentioned that members were provided with a staff report on reducing budget spending and
complying with the health orders and that the CASE Committee applauded the Town Council for
making tough decisions they have had in front of them recently and looking at the new financial
future.
Council discussed ideas for the 3rd of July event. CASE Manager Danita Dempsey discussed some
challenges to keep in mind if council decides to proceed with this event.
This item will be presented on the April 28, 2020 meeting for further discussion on the 3rd of July
event.
Mayor Smith Hymes called for public comments and no public comments were made.
5.6. DISCUSSION ON COUNCIL SUPPORT FOR LWCF FUNDING SIGN-ON LETTER (EXECUTIVE ASSISTANT TO THE TOWN
MANAGER INEKE DE JONG)
Video Start Time: 01:49:07
Executive Assistant to the Town Manager Ineke de Jong presented the memo and draft letter
included in the packet.
Town Manager Eric Heil and Town Attorney Paul Wisor gave a brief update on the Coronavirus Aid,
Relief, and Economic Security (CARES) Act.
Mayor Smith Hymes mentioned the copy of the letter from the Senator Bennet’s office that was
sent to Nancy Pelosi and Mitch McConnell and signed by all Colorado Representatives asking that
support for outdoor recreation be included in future economic relief and stimulus legislation.
After Council discussion, they directed Staff to send the Land and Water Conservation Fund (LWCF)
letter, signed as a group, to express Avon’s support in asking that LWCF be included in the next
stimulus package.
5.7. DISCUSSION ON REUSABLE GROCERY SHOPPING BAGS AND RISK OF SPREADING COVID-19 (TOWN MANAGER ERIC
HEIL)
Video Start Time: 01:56:40
Town Manager Eric Heil said he received more articles and for what he has read, he sees that
whatever potential there is for reusable bags to actually spread coronavirus is not proven and
minimal compared to other ways like a sick person going to the store and not wearing a mask. He
sees no benefit on ending the use of reusable bags in grocery stores.
Mayor Smith Hymes, Councilor Fancher, Mayor Pro Tem Phillips, and Councilor Prince support the
Staff’s recommendation of not taking any additional action or make changes to Towns plastic bag
prohibition.
Councilor Thuon requested to consider relaxing the plastic bag ban for one or two months.
Michael Cacioppo commented he is tired of hearing that plastic bags are not recyclable when even
the numbers are printed on the bags. If plastic bags are new there are no germs on them. He
mentioned that the self-checkout is high touchable, and people don’t wear gloves. He said only 3%
of people wash their bags and they are putting public safety at risk for a liberal agenda.
AVON REGULAR MEETING MINUTES
THURSDAY APRIL 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Maria DeSimone commented that 91% of bags never make it to the recycle facility. Going to the
grocery store you are exposed, period. She expressed disagreement with Mr. Cacioppo’s comments
and support for Council decision.
Mayor Smith Hymes said Council has consensus to continue with the use of reusable bags the way
it is now.
Councilor Wolf closed commenting that both Mr. Cacioppo and Ms. DeSimone are very passionate
people with information to support both arguments and they want the best for the community.
5.8. APPROVAL OF MINUTES FROM APRIL 14, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:15:18
Councilor Fancher moved to approve the minutes from April 14, 2020 regular Council meeting.
Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 6 to 1. Councilor
Wolf voted no.
6. WRITTEN R EPORTS
6.1. UPPER EAGLE REGIONAL WATER AUTHORITY MARCH 26, 2020 MEETING SUMMARY (MAYOR SMITH HYMES)
7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 02:16:12
Councilor Fancher has been thinking of the reopening process and suggested that the Local Liquor
Authority look at the open container law. Town Attorney Paul Wisor and Town Manager will work on this.
Councilor Wolf praised Chief Greg Daly and the Avon Police Department for their work and for what they
did for the hospital the day before. He thanked Staff members that have been connected to this meeting
via telephone. He reminded the community about the Avon Renters Forum on Monday 27th at 5:00 pm
and the Avon Business Forum on Friday 24th at 3:00 pm. He also implored everybody to hang on and to
not give up as the government is not the fastest mechanism. He closed his comments thanking TV5 for
their great work.
Councilor Underwood thanked Town Manager Eric Heil for his leadership and well-run logistics in
the Meal Voucher program and mentioned she has heard very positive comments. She suggested an
out of cycle community grant to the Hope Center out of the COVID -19 relief and asked if C hief Daly
would provide any idea on Tuesday April 28th. She said she would like the Town to write another
check like the one they gave to the Hope Center back in October 2019.
Councilor Thuon gave his condolences to the Lazier family and other families that have lost people
and said how delicate life and how fragile our community is. He mentioned that, as the Vail Health
CEO Will Cook said, there will be a lot of poor people , fragile situations and things are going to get
tight. He said we have to be proactive and think about the h ardships people are going to have.
AVON REGULAR MEETING MINUTES
THURSDAY APRIL 23, 2020
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AND TOWN HALL CLOSURE
Mayor Pro Tem Phillips said the Bob Lazier was a very nice man and shared good memories of him .
She expressed she u nderstand s times are tough and praised Salvation Army and the Eagle County
Food Bank for doing a phenomenal job. She said she had a conversation with Mobility Director Eva
Wilson that t ransportation demand is still 300 riders a day and the food bank is now a regular stop
on the bus route. Hands down to Staff and Transportation Staff and mentioned that so far nobody
has come down ill and thanked Town Manager Eric Heil for his leadership and great job .
Mayor Smith Hymes mentioned she tried to contact the Owner of The Aspens Dan Guggenheim and
it was not possible, but she found out today that $200 rent relief for 3 months for all the tenants
and she thanked Mr. Guggenheim on behalf of Avon Town Council. She gave a reminder on week 5
of the Business Forum meeting on Friday April 2 4th at 3:00 pm.
8. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 7:32 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office,
and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Jake Wolf
Chico Thuon
Jennie Fancher
Scott Prince
Tamra Underwood
PZC Recommendations: #CTA20001 Page 1
PLANNING AND ZONING COMMISSION
FINDINGS OF FACT AND RECOMMENDATION TO TOWN COUNCIL
DATE OF DECISION: April 7, 2020
TYPE OF APPLICATION: Code Text Amendments
FILE NUMBER: #CTA20001
APPLICANT: Town of Avon
These recommendations are made in accordance with the Avon Development Code
(“Development Code”) §7.16.040:
DECISION: Recommend approval of changes to Title 7: Development Code and additional charges
to Title 15: Building and Construction.
FINDINGS:
1. The application is complete;
2. The application provides sufficient information to allow the reviewing authority to
determine that the development application complies with the relevant review
criteria;
3. The text amendments were reviewed with the criteria listed in Avon Municipal Code
Section 7.16.040(c), Review Criteria, and are found to be in substantial compliance as
outlined in the staff report for the April 7, 2020 public hearing;
4. The text amendments promote the health, safety, and general welfare of the Avon
Community;
5. The text amendments promote and implement the goals and policies of the Avon
Comprehensive Plan, including Policy G.4.1 and G.4.3;
6. The text amendments promote and implement the purposes stated in the
Development Code, including Section 7.04.030(m), by achieving innovation in the
built environment.
THESE FINDINGS OF FACT AND RECORD OF DECISION ARE HEREBY APPROVED:
BY:______________________________________ DATE: ___________________
PZC Chairperson
ATTACHMENT B
AVON PLANNING AND ZONING COMMISSION
MEETING ABSTRACT
TUESDAY MARCH 3, 2020
VIRTUAL MEETING
1. CALL TO ORDER AND ROLL CALL
Chairperson Lindsay Hardy called the regular meeting to order at 5:03 p.m. A roll call was taken, and
Planning Commission members present were Rebecca Smith, Jared Barnes, Steve Nusbaum, Alex
Dammeyer, and Marty Golembiewski. Also present were Town Planner David McWilliams and
Planning Director Matt Pielsticker.
2. APPROVAL OF AGENDA
Chairperson Hardy modified the agenda to include item 3. Commissioner Barnes motioned to approve
the amended agenda. Commissioner Golembiewski seconded the motion and it carried unanimously 6-
0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Commissioners Smith and Hardy recused themselves from item 5.3 due to their employment.
4. TRAER CREEK DRB UPDATE
Chairperson Hardy updated the commission regarding the Avon Apartment Project Accent and
entryway paint colors.
5. BUSINESS ITEMS
5.1. CONSENT AGENDA
5.1.1. APPROVAL OF MARCH 3, 2020 MEETING MINUTES
5.1.2. APPROVAL OF RECORD OF DECISION – MJR20002 & AEC20001
5.1.3. APPROVAL OF RECORD OF DECISION – SGN20002
Commissioner Nusbaum motioned to approve the Consent Agenda. Commissioner Dammeyer
seconded the motion and it carried unanimously 6-0.
5.2. MJR20001, MAJOR DESIGN PLAN FOR A PROPOSED TOWNHOME PROJECT ON PARCEL C BASECAMP, 38359 US
6. (DOMINIC MAURIELLO, WILL HENTSCHEL, JIM GREGG, TOMMY GREGG & TOWN PLANNER DAVID MCWILLIAMS)
PUBLIC HEARING
Public Comment: None
Action: Commissioner Golembiewski motioned to approve the item with the following findings and
conditions:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the
application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by
the application; and
6. The design relates the development to the character of the surrounding community.
CONDITIONS:
1. ILCs are required to confirm building height, location and footprint; and
2. An irrigation plan with hydrozones is required for approval before a building permit will be
issued.
Commissioner Smith seconded the motion and it carried unanimously 6-0.
5.3. CTA20001, CODE TEXT AMENDMENT REQUIRING ELECTRIC VEHICLE CHARGING INFRASTRUCTURE WITH NEW
DEVELOPMENT. ALSO, NEW BUILDING CODE LANGUAGE MANDATING INCREASED BOILER EFFICIENCY AND “SOLAR-
READY” ROOF DESIGN WILL BE DISCUSSED. (TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING
Public Comment: None
Action: Commissioner Dammeyer motioned to recommend approval of the application with the
following findings:
1. The application is complete;
2. The application provides sufficient information to allow the reviewing authority to
determine that the development application complies with the relevant review criteria;
3. The text amendments were reviewed with the criteria listed in Avon Municipal Code Section
7.16.040(c), Review Criteria, and are found to be in substantial compliance as outlined in the
staff report for the April 7, 2020 public hearing;
4. The text amendments promote the health, safety, and general welfare of the Avon
Community;
5. The text amendments promote and implement the goals and policies of the Avon
Comprehensive Plan, including Policy G.4.1 and G.4.3;
6. The text amendments promote and implement the purposes stated in the Development
Code, including Section 7.04.030(m), by achieving innovation in the built environment;
7. The amendments to section Chapter 15 were reviewed and found to help achieve the
Town’s adopted Climate Action Plan greenhouse gas reduction target of 25% by 2025, and
minimum of 80% by 2050;
8. A Development Bonus section applying to remodels is the proper tool to incentivize
additional EV infrastructure on properties with existing buildings and parking lots; and
9. Town of Avon Building Department must inspect EV/ Solar-Ready infrastructure during the
building process.
Commissioner Nusbaum seconded the motion and it carried unanimously 6-0.
5.4. MNR20007, MINOR DEVELOPMENT PLAN FOR PROPOSED PEDESTRIAN IMPROVEMENTS ON AVON ROAD UNDER I-
70. (PEDRO CAMPOS, JESSIE GREGG, AND TOWN PLANNER DAVID MCWILLIAMS) PUBLIC HEARING
Public Comment: None
Action: Commissioner Nusbaum motioned to approve the item with the following findings and
conditions:
FINDINGS:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the
application complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by
the application; and
6. The design relates the development to the character of the surrounding community.
CONDITIONS:
1. Engineering Staff shall revise plans for running electrical conduit to the snow shelters and
future snowmelt, should the need arise; and
2. Staff shall confirm with CDOT any improvements that might affect the implementation of
the plan.
Commissioner Dammeyer seconded the motion and it carried unanimously 4-0, with
Commissioners Hardy and Smith absent.
6. STAFF UPDATES
Matt Pielsticker mentioned a joint PZC- Town Council work session discussing a hotel project during
the next scheduled meeting.
7. ADJOURN
There being no further business before the Commission, Commissioner Barnes moved to adjourn
the meeting. The time was 7:15 p.m.
These meeting 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.
RESPECTFULLY SUBMITTED:
David McWilliams, Town Planner
FISCAL YEAR 2020
FINANCIAL REPORT
April 28, 2020
______________________________________________________________________________________
1. Financial Report Cover Memo
2. Sales and Accommodations Tax Reports – February
3. Accommodations Tax Report – February
4. Cigarette & Tobacco Tax – February
5. Real Estate Transfer Tax Report and Monthly Detail – February
6. Recreation Center Admissions – February
7. Recreation Center Program Fees - February
8. General Fund Year-To-Date Expenditures - February
9. Fleet Maintenance Fund Year-To Date Expenditures - February
10. Mobility Fund Year-To Date Expenditures - February
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Nelly Burns and Joel McCracken, Senior Accountants
Meeting Date: April 28, 2020
Agenda
Topic: Fiscal Year 2020 Financial Report – February data
SUMMARY
Revenues
SALES TAX
Sales tax revenue for the month of February totaled $820.617.44, a 1.42% increase from the previous
year and a 3.78% 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 $8,714 for
Home/Garden, $17,733 for Sporting Goods Retail-Rental, and $5,320 for Miscellaneous Retail,
$13,380 for Accommodations, and $5,459 for Other. Monthly sales tax collections have decreased
($1,582) for Grocery-Specialty- Health, ($16,612) for Liquor Stores, ($14,290) for Restaurants-Bars,
and ($6,884) for Service-Related businesses.
Year-to-date sales tax revenues through February have increased 2.07% over the previous year, which
is $30,732.06 over the previous year and $41,368.33 under the original budget estimates.
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
Sales Tax Comparison by Industry
Feb-20 Feb-19
New and Renewed
Business, Contractor & Sales Tax Licenses Issued in February
Business License - Fixed Location 16
Business License - Home Occupation 6
Business License - Short Term Accommodation 17
Business License – Special Event 1
Business License - Vendor 31
Contractor License 6
Liquor License 0
Sales Tax License 29
Grand Total 106
ACCOMMODATIONS TAX
Accommodations tax revenue for month of February totaled $217,069.65, a 6.83% increase from the
previous year and a 1.83% positive 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 $4,433.56 for time shares $8,357.81 for hotels and
$1,087.90 for vacation rentals compared to February 2019.
-
20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
120,000.00
140,000.00
Time Shares Hotels Vacation Rentals
Accommodation Tax by Type
Feb-19 Feb-20
CIGARETTE AND TOBACCO TAX
Tobacco Tax (40% rate) revenue for the month of February totaled $12,212.75 a 42.24% decrease from
the previous year. Year-to-date tobacco tax revenues through February have decreased 5.60% over the
previous year and show a negative variance of 19.86% under the original budget estimates.
Cigarette Tax revenue for month of February totaled $17,376.30, a decrease of 26.81% increase from the
previous year. Simultaneously, the number of cigarette packs sold decreased by 27.33%. Year-to-date
cigarette tax revenues through February have increased 13.94% over the previous year and show a
negative variance of 3.36% under the original budget estimates.
The lower February 2020 tobacco and cigarette tax revenues are attributed to the delay in retailers
submitting tobacco taxes in the initial roll-out period of first quarter, 2019. Several retailers did not
submit taxes in January 2019 which inflated the February 2019 totals.
-
5,000.00
10,000.00
15,000.00
20,000.00
25,000.00
Tobacco Tax 40%
Rate
Cigarette Tax Per
Pack Fee
Tobacco Tax
Interest
Tobacco Tax
Penalty
Number of Packs
Sold*
Tobacco Tax Revenues 2019 v 2020 February
Feb-19 Feb-20
REAL ESTATE TRANSFER TAX
Real estate transfer tax collections for the month of February totaled $567,486.49, an increase of
89.97% from the previous year and a positive variance of 250.61% 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 February
RETT Transactions which paid 2% tax 6
RETT Exemptions for Primary Residence 1
RETT Exemptions for Full Exemption 8
Deed Restricted & Tax Exempt 0
Grand Total 15
RECREATION CENTER ADMISSIONS
February admission fees totaled $70,588.43 an 8.08% increase from the previous year. This is a 5.57%
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.
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2016 2017 2018 2019 2020
Year
Real Estate Transfer Tax for February
$-
$20,000
$40,000
$60,000
$80,000
$100,000
2016 2017 2018 2019 2020
Recreation Center Admissions February
RECREATION CENTER PROGRAM FEES
February program fees totaled $25,526.28 which is a 10.04% increase from the previous year. This is
a 3.72% 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.
Expenditures
General Fund expenditures through February 2020 total 15.52% of the total adopted budget. These
expenditures include insurance premiums, computer services, events, community grants, equipment
replacement, contract services, janitorial and legal services.
Fleet expenditures through February 2020 total 19.39% of the total budget. These costs include
expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums.
Mobility funds expenditures through February 2020 total 7.79% of the total budget. These
expenditures include costs of diesel, fleet maintenance, equipment replacement, capital lease
payments, and insurance premiums.
$-
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2016 2017 2018 2019 2020
Recreation Center Program Fees February 2020
TOWN OF AVON
SALES TAX
2020 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget
January 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 819,179.33$ 850,557.74 841,459.85$ (9,097.89)$ 2.72%-1.07%
February 788,999.06 774,754.00 798,923.33 785,412.03 809,165.90 852,887.87 820,617.44 (32,270.43)$ 1.42%-3.78%
March 875,499.53 945,795.71 918,657.55 1,014,399.70 1,130,669.61 1,052,845.17
April 403,560.42 438,198.18 425,727.85 394,986.15 424,685.32 449,835.05
May 353,840.11 404,872.55 394,689.30 418,628.58 422,685.32 429,911.46
June 570,424.51 693,675.00 650,794.65 757,498.52 725,840.03 732,404.65
July 601,516.82 690,342.23 682,024.81 696,374.00 755,668.37 738,373.30
August 572,647.57 593,398.26 618,515.44 639,569.12 670,351.82 666,938.78
September 595,235.68 667,949.51 690,883.92 680,720.64 841,688.74 749,268.59
October 423,701.53 451,303.71 458,645.68 490,977.90 445,742.30 489,322.10
November 438,315.55 445,336.04 435,975.05 456,409.92 514,924.82 493,759.82
December 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,460,062.64 1,361,116.47
Total 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 9,020,664.20$ 8,867,221$ 1,662,077.29$ (41,368.33)$ 2.07%-2.43%
Actual Collections
$750,000
$760,000
$770,000
$780,000
$790,000
$800,000
$810,000
$820,000
$830,000
2016 2017 2018 2019 2020
Year
Sales Tax Collections for February 2020
TOWN OF AVON
ACCOMMODATIONS TAX
2020 Actual vs. Budget
Budget YTD Collections Budget % change % change
2015 2016 2017 2018 2019 2020 2020 Variance 2019 to budget
January 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 197,879.22$ 203,657$ 188,669.38$ (14,987.38)$ -4.65%-7.36%
February 175,056.31 185,370.53 194,804.88 186,147.24 203,190.38 213,159 217,069.65 3,910.54$ 6.83%1.83%
March 183,650.29 217,387.54 201,008.55 206,783.36 246,969.61 238,260
April 34,825.13 60,916.55 38,340.02 33,275.27 31,824.90 44,949
May 28,002.56 37,357.48 39,961.98 42,618.10 47,259.21 44,050
June 53,397.46 73,591.08 83,723.31 94,803.78 92,411.81 89,800
July 86,301.22 107,595.18 119,300.76 119,458.02 131,645.50 127,345
August 75,107.71 87,674.05 100,628.23 98,193.15 110,203.30 106,472
September 60,417.74 68,139.11 81,837.60 85,257.82 89,362.90 86,886
October 38,706.72 45,738.23 48,223.10 53,236.86 45,781.00 52,284
November 34,328.47 37,570.50 46,397.08 47,934.88 70,385.29 53,397
December 198,421.26 200,114.56 189,505.28 185,008.67 219,964.12 224,092
Total 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,486,877.24$ 1,484,349.00$ 405,739.03$ (11,076.85)$ 1.16%-2.66%
0.88 0.97 1.00 0.90 1.00
Actual Collections
$165,000
$170,000
$175,000
$180,000
$185,000
$190,000
$195,000
$200,000
$205,000
$210,000
$215,000
$220,000
2016 2017 2018 2019 2020
Accommodations Tax Collections for February
TOWN OF AVON
REAL ESTATE TRANSFER TAX
2020 Actual vs. Budget
Budget YTD Collections $ Change % of Change % change
2015 2016 2017 2018 2019 2020 2020 2019 2019 to budget
January 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 72,520.00$ 80,110.48$ 179,460.00$ 106,940.00$ 147.46%124.02%
February 85,479.08 200,850.86 270,815.26 269,578.51 298,730.16 161,857.96 567,486.49 268,756.33$ 89.97%250.61%
March 168,744.22 265,061.65 254,737.53 344,556.74 180,819.76 174,580.77
April 125,266.30 159,046.06 249,938.93 122,312.21 312,899.53 139,424.03
May 237,971.08 184,987.10 377,490.82 351,236.93 278,241.63 205,646.07
June 294,434.84 307,127.24 703,419.85 343,140.71 237,143.93 271,130.98
July 396,838.68 259,977.94 219,208.74 272,420.41 86,755.74 177,641.40
August 152,380.93 186,483.40 592,467.49 343,249.80 400,027.60 240,835.14
September 291,223.61 321,957.68 423,013.80 311,022.50 604,158.92 280,638.63
October 172,855.22 641,688.59 497,642.58 330,671.24 359,782.63 288,011.16
November 169,328.38 315,109.37 425,402.80 211,818.76 570,245.09 243,322.46
December 225,862.90 588,514.66 227,918.50 196,105.45 1,597,177.98 407,800.92
Total 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 4,998,502.97$ 2,671,000$ 746,946.49$ 375,696.33$ 101.20%208.70%
Budget 2,671,000.00
Variance, Favorable (Unfavorable)(1,924,053.51)$
Actual Collections
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2016 2017 2018 2019 2020
Year
Real Estate Transfer Tax for February
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2020 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget
January 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 72,981.86$ 75,597.73$ 79,231.98$ 3,634.25$ 8.56%4.81%
February 63,838.00 68,506.00 86,342.00 75,952.60 64,868.20 74,753.28 70,588.43 (4,164.85)$ 8.82%-5.57%
March 77,902.00 81,664.00 76,023.00 79,071.20 78,824.90 81,818.49
April 61,760.00 55,452.00 67,398.00 61,817.56 53,085.20 62,278.55
May 43,119.00 50,067.40 54,337.00 50,252.60 63,563.00 54,340.97
June 55,052.00 58,430.50 58,044.00 62,135.02 68,601.20 62,850.36
July 61,472.00 66,399.80 65,873.60 72,441.40 88,528.43 73,756.96
August 63,233.00 66,388.60 76,558.30 73,573.10 70,491.40 72,827.33
September 36,846.00 44,719.00 49,017.70 49,315.70 55,598.60 48,967.57
October 75,818.00 61,167.00 51,833.00 59,692.77 58,055.60 63,745.23
November 29,570.00 71,384.00 72,114.00 126,981.80 51,281.50 73,053.33
December 77,672.00 112,201.00 169,092.78 186,927.10 276,537.00 171,010.21
Total 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 1,002,416.89$ 915,000$ 149,820.41$ (530.60)$ 8.68%-0.35%
.
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
2016 2017 2018 2019 2020
Recreation Center Admissions February
TOWN OF AVON
RECREATION CENTER PROGRAM FEES
2020 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2015 2016 2017 2018 2019 2020 2020 Variance from 2019 from Budget
January 23,252.13$ 17,133.04$ 28,815.64$ 32,368.50$ 26,095.68$ 25,923.63$ 27,872.08$ 1,948.45$ 6.81%7.52%
February 20,734.70 22,435.59 28,915.58 35,279.57 23,197.74 26,512.14 25,526.28 (985.86) 10.04%-3.72%
March 15,184.33 19,132.72 29,016.16 28,669.46 27,280.96 24,221.71
April 18,360.00 18,538.66 26,397.13 45,827.30 31,132.63 28,480.30
May 22,175.69 39,447.85 44,605.22 37,300.42 31,335.76 35,508.05
June 31,443.66 33,369.05 45,885.37 37,231.17 34,568.93 37,058.05
July 29,162.29 44,969.88 46,745.40 49,968.33 43,607.82 43,546.94
August 31,055.94 46,025.52 52,318.40 64,320.46 49,982.60 49,486.28
September 18,209.25 36,240.11 30,853.05 41,463.74 34,704.93 32,788.29
October 20,380.77 22,068.60 26,881.06 26,782.63 22,588.68 24,103.56
November 20,095.40 30,866.78 25,906.72 24,952.65 20,749.47 24,889.25
December 21,918.03 30,294.89 37,309.30 26,328.09 31,740.68 29,969.80
Total 271,972$ 360,523$ 423,649$ 450,492$ 376,986$ 382,488$ 53,398.36$ 962.59$ 104.63%1.84%
Actual Collections
$-
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2016 2017 2018 2019 2020
Recreation Center Program Fees February 2020
TOWN OF AVON
CIGARETTE TAX REVENUE
2020 Actual vs. Budget
Budget YTD Collections $ Change % of Change % change
2015 2016 2017 2018 2019 2020 2020 2019 2019 to budget
January - - - - 6,649.98$ 7,840.81$ 17,252.91$ 10,602.93$ 159.44%120.04%
February - - - - 23,741.64 27,993.12 17,376.30 (6,365.34)$ -26.81%-37.93%
March - - - - 23,073.42 27,205.24 -
April - - - - 18,392.25 21,685.80 -
May - - - - 28,462.95 33,559.89 -
June - - - - 10,050.45 11,850.21 -
July - - - - 18,693.15 22,040.58 -
August - - - - 6,141.15 7,240.86 -
September - - - - 15,846.00 18,683.59 -
October - - - - 15,297.00 18,036.27 -
November - - - - 8,322.00 9,812.24 -
December - - - - 16,157.94 19,051.39 -
Total -$ -$ -$ -$ 190,827.93$ 225,000$ 34,629.21$ 4,237.59$ 13.94%-3.36%
Budget 27,993.12
Variance, Favorable (Unfavorable)6,636.09$
Actual Collections
$0
$5,000
$10,000
$15,000
$20,000
$25,000
2016 2017 2018 2019 2020
Cigarette Tax Revenue for February by Year
TOWN OF AVON
Tobacco Tax Revenue
2020 Actual vs. Budget
Budget YTD Collections $ Change % of Change % change
2016 2017 2018 2019 2020 2020 2019 2019 to budget
January - - - - 5,487.00$ 6,383.22$ 12,926.46$ 7,439.46$ 135.58%102.51%
February - - - - 21,144.74 24,598.42 12,212.75 (8,931.99)$ -42.24%-50.35%
March - - - - 7,894.94 9,184.46
April - - - - 15,416.30 17,934.33
May - - - - 4,832.53 5,621.85
June - - - - 11,088.32 12,899.43
July - - - - 13,318.93 15,494.38
August - - - - 15,381.23 17,893.53
September - - - - 12,646.85 14,712.53
October - - - - 8,458.60 9,840.19
November - - - - 9,306.56 10,826.65
December - - - - 12,559.58 14,611.00
Total -$ -$ -$ -$ 137,535.58$ 160,000.00 25,139.21$ (1,492.53)$ -5.60%-18.86%
Budget 21,144.74
Variance, Favorable (Unfavorable)3,994.47$
Actual Collections
$0
$5,000
$10,000
$15,000
$20,000
$25,000
2016 2017 2018 2019 2020
Tobacco Tax Revenue for February by Year
Dept./Div.2020 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 270,662$ 972$ 74,378$ 195,312$ 27.84%
112 Boards and Commissions 19,649 - 1,311 18,338 6.67%
113 Town Attorney 155,000 27,845 1,155 126,000 18.71%
115 Town Clerk 134,843 4,601 19,579 110,663 17.93%
121 Municipal Court 148,478 24,989 14,816 108,673 26.81%
131 Town Manager 579,654 - 58,072 521,582 10.02%
133 Community Relations 268,766 6,200 31,313 231,253 13.96%
134 Economic Development 140,250 35,000 33,500 - 48.84%
136 Special Events 798,042 23,353 34,135 - 7.20%
137 Community Grants 92,000 - 73,930 - 80.36%
Total General Government 2,607,344 122,960 342,188 2,142,196 17.84%
Human Resources Department:
132 Human Resources 566,168 28,015 87,039 451,114 20.32%
Finance & IT Department:
141 Finance 993,978 46,950 140,080 806,948 18.82%
143 Information Systems 441,785 67,927 62,802 311,055 29.59%
149 Nondepartmental 615,557 164,932 171,370 279,255 54.63%
Total Finance & IT 2,051,320 279,810 374,252 1,397,258 31.88%
Total General Gov't Departments 5,224,832 430,786 803,478 3,990,568 23.62%
Community Development:
212 Planning 314,587 7,337 42,535 264,715 15.85%
213 Building Inspection 185,515 2 27,076 158,437 14.60%
Total Community Development 500,102 7,339 69,612 423,152 15.39%
Police Department:
311 Administration 889,491 10,653 152,058 726,780 18.29%
312 Patrol 3,100,349 56,219 385,082 2,659,048 14.23%
313 Investigations 331,071 400 46,838 283,833 14.27%
Total Police 4,320,911 67,272 583,978 3,669,661 15.07%
Public Works:
412 Engineering 273,385 3,598 39,877 229,910 15.90%
413 Roads and Bridges 2,633,092 53,268 369,169 2,210,655 16.04%
415 Parks 639,740 20,507 8,971 610,262 4.61%
418 Buildings & Facilities 1,277,853 97,703 161,678 1,018,472 20.30%
Total Public Works 4,824,070 175,075 579,695 4,069,300 15.65%
Recreation Department:
514 Administration 269,711 8,042 60,557 201,112 25.43%
515 Adult Programs 50,032 - 5,455 44,577 10.90%
516 Aquatics 662,235 24,186 97,721 540,328 18.41%
518 Fitness 138,324 392 10,822 127,110 8.11%
519 Guest Services 361,889 3,304 49,111 309,474 14.48%
521 Youth Programs 213,422 1,793 20,345 191,284 10.37%
523 Community Swim Program 185,243 683 23,585 160,974 13.10%
Total Recreation 1,880,856 38,400 267,596 1,574,860 16.27%
Contingency - -
Operating Transfers 2,725,000 - 2,725,000
-
TOTAL OPERATING EXPENDITURES 19,475,771$ 718,872$ 2,304,360$ 16,452,539$ 15.52%
Department Expenditure Summaries
General Fund
February 2020 Expenditures to Date
Dept./Div.2020 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,905,281$ 42,164$ 327,207$ 1,535,910$ 19.39%
Total Operating Expenditures 1,905,281 42,164 327,207 1,535,910 19.39%
TOTAL EXPENDITURES 1,905,281$ 42,164$ 327,207$ 1,535,910$ 19.39%
Expenditure Summary
Fleet Maintenance Enterprise Fund
February 2020 Expenditures to Date
Dept./Div.2020 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 277,931$ 19,765$ 87,475$ 170,690$ 38.59%
432 Transit Operations 3,144,688 - 158,188 2,986,500 5.03%
436 Wash Bay 179,309 9,500 21,386 148,423 17.22%
437 Programs 379,838 - 13,932 365,906 3.67%
Total Operating Expenditures 3,981,766 29,265 280,981 3,671,520 7.79%
TOTAL EXPENDITURES 3,981,766$ 29,265$ 280,981$ 3,671,520$ 7.79%
Expenditure Summary
Mobility Enterprise Fund
February 2020 Expenditures to Date